II 

Calendar No. 126 

114TH CONGRESS 

1ST SESSION S. 1645 

[Report No. 114–70] 

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

related agencies for the fiscal year ending September 30, 2016, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2015 

Ms. MURKOWSKI, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2016, 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, 2016, 

7 and for other purposes, namely: 
2 

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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)), $1,045,562,000, 

15 to remain available until expended, including all such 

16 amounts as are collected from permit processing fees, as 

17 authorized but made subject to future appropriation by 

18 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 

19 U.S.C. 191), as amended, except that amounts from per20 mit processing fees may be used for any bureau-related 

21 expenses associated with the processing of oil and gas ap22 plications for permits to drill and related use authoriza23 tions; of which $3,000,000 shall be available in fiscal year 

24 2016 subject to a match by at least an equal amount by 

25 the National Fish and Wildlife Foundation for cost-shared 
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1 projects supporting conservation of Bureau lands; and 

2 such funds shall be advanced to the Foundation as a lump3 sum grant without regard to when expenses are incurred. 

4 In addition, $39,696,000 is for Mining Law Adminis5 tration program operations, including the cost of admin6 istering the mining claim fee program, to remain available 

7 until expended, to be reduced by amounts collected by the 

8 Bureau and credited to this appropriation from mining 

9 claim maintenance fees and location fees that are hereby 

10 authorized for fiscal year 2016, so as to result in a final 

11 appropriation estimated at not more than $1,045,562,000, 

12 and $2,000,000, to remain available until expended, from 

13 communication site rental fees established by the Bureau 

14 for the cost of administering communication site activities. 

15 LAND ACQUISITION

16 For expenses necessary to carry out sections 205, 

17 206, and 318(d) of Public Law 94–579, including admin18 istrative expenses and acquisition of lands or waters, or 

19 interests therein, $18,922,000, to be derived from the 

20 Land and Water Conservation Fund and to remain avail21 able until expended. 

22 OREGON AND CALIFORNIA GRANT LANDS

23 For expenses necessary for management, protection, 

24 and development of resources and for construction, oper25 ation, and maintenance of access roads, reforestation, and 
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1 other improvements on the revested Oregon and California 

2 Railroad grant lands, on other Federal lands in the Or3 egon and California land-grant counties of Oregon, and 

4 on adjacent rights-of-way; and acquisition of lands or in5 terests therein, including existing connecting roads on or 

6 adjacent to such grant lands; $105,621,000, to remain 

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

8 aggregate of all receipts during the current fiscal year 

9 from the revested Oregon and California Railroad grant 

10 lands is hereby made a charge against the Oregon and 

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

12 General Fund in the Treasury in accordance with the sec13 ond paragraph of subsection (b) of title II of the Act of 

14 August 28, 1937 (43 U.S.C. 1181(f)). 

15 RANGE IMPROVEMENTS

16 For rehabilitation, protection, and acquisition of 

17 lands and interests therein, and improvement of Federal 

18 rangelands pursuant to section 401 of the Federal Land 

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

20 notwithstanding any other Act, sums equal to 50 percent 

21 of all moneys received during the prior fiscal year under 

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

23 315(b), 315(m)) and the amount designated for range im24 provements from grazing fees and mineral leasing receipts 

25 from Bankhead-Jones lands transferred to the Depart-
5 

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1 ment of the Interior pursuant to law, but not less than 

2 $10,000,000, to remain available until expended: Pro3 vided, That not to exceed $600,000 shall be available for 

4 administrative expenses. 

5 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

6 For administrative expenses and other costs related 

7 to processing application documents and other authoriza8 tions for use and disposal of public lands and resources, 

9 for costs of providing copies of official public land docu10 ments, for monitoring construction, operation, and termi11 nation of facilities in conjunction with use authorizations, 

12 and for rehabilitation of damaged property, such amounts 

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

14 1701 et seq.), and under section 28 of the Mineral Leasing 

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

16 Provided, That, notwithstanding any provision to the con17 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

18 1735(a)), any moneys that have been or will be received 

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

20 compromise, or settlement, if not appropriate for refund 

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

22 1735(c)), shall be available and may be expended under 

23 the authority of this Act by the Secretary to improve, pro24 tect, or rehabilitate any public lands administered through 

25 the Bureau of Land Management which have been dam-
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1 aged by the action of a resource developer, purchaser, per2 mittee, or any unauthorized person, without regard to 

3 whether all moneys collected from each such action are 

4 used on the exact lands damaged which led to the action: 

5 Provided further, That any such moneys that are in excess 

6 of amounts needed to repair damage to the exact land for 

7 which funds were collected may be used to repair other 

8 damaged public lands. 

9 MISCELLANEOUS TRUST FUNDS

10 In addition to amounts authorized to be expended 

11 under existing laws, there is hereby appropriated such 

12 amounts as may be contributed under section 307 of Pub13 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

14 may be advanced for administrative costs, surveys, ap15 praisals, and costs of making conveyances of omitted lands 

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

17 remain available until expended. 

18 ADMINISTRATIVE PROVISIONS

19 The Bureau of Land Management may carry out the 

20 operations funded under this Act by direct expenditure, 

21 contracts, grants, cooperative agreements and reimburs22 able agreements with public and private entities, including 

23 with States. Appropriations for the Bureau shall be avail24 able for purchase, erection, and dismantlement of tem25 porary structures, and alteration and maintenance of nec-
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1 essary buildings and appurtenant facilities to which the 

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

3 the discretion of the Secretary, for information or evidence 

4 concerning violations of laws administered by the Bureau; 

5 miscellaneous and emergency expenses of enforcement ac6 tivities authorized or approved by the Secretary and to be 

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

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

9 Law 90–620 (44 U.S.C. 501), the Bureau may, under co10 operative cost-sharing and partnership arrangements au11 thorized by law, procure printing services from cooperators 

12 in connection with jointly produced publications for which 

13 the cooperators share the cost of printing either in cash 

14 or in services, and the Bureau determines the cooperator 

15 is capable of meeting accepted quality standards: Provided 

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

17 commitment by a State government to provide an identi18 fied amount of money in support of the project may be 

19 carried out by the Bureau on a reimbursable basis. Appro20 priations herein made shall not be available for the de21 struction of healthy, unadopted, wild horses and burros 

22 in the care of the Bureau or its contractors or for the 

23 sale of wild horses and burros that results in their destruc24 tion for processing into commercial products. 
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

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

5 and economic studies, general administration, and for the 

6 performance of other authorized functions related to such 

7 resources, $1,203,545,000, to remain available until Sep8 tember 30, 2017 except as otherwise provided herein: Pro9 vided, That not to exceed $17,515,000 shall be used for 

10 implementing subsections (a), (b), (c), and (e) of section 

11 4 of the Endangered Species Act of 1973 (16 U.S.C. 

12 1533) (except for processing petitions, developing and 

13 issuing proposed and final regulations, and taking any 

14 other steps to implement actions described in subsection 

15 (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 

16 exceed $1,605,000 shall be used for any activity regarding 

17 the designation of critical habitat, pursuant to subsection 

18 (a)(3), excluding litigation support, for species listed pur19 suant to subsection (a)(1) prior to October 1, 2012; of 

20 which not to exceed $1,501,000 shall be used for any ac21 tivity regarding petitions to list species that are indigenous 

22 to the United States pursuant to subsections (b)(3)(A) 

23 and (b)(3)(B); and, of which not to exceed $1,504,000 

24 shall be used for implementing subsections (a), (b), (c), 

25 and (e) of section 4 of the Endangered Species Act of 
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1 1973 (16 U.S.C. 1533) for species that are not indigenous 

2 to the United States. 

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; $23,687,000, to remain 

9 available until expended. 

10 LAND ACQUISITION

11 For expenses necessary to carry out the Land and 

12 Water Conservation Fund Act of 1965, (16 U.S.C. 460l– 

13 4 et seq.), including administrative expenses, and for ac14 quisition of land or waters, or interest therein, in accord15 ance with statutory authority applicable to the United 

16 States Fish and Wildlife Service, $48,887,000, to be de17 rived from the Land and Water Conservation Fund and 

18 to remain available until expended: Provided, That none 

19 of the funds appropriated for specific land acquisition 

20 projects may be used to pay for any administrative over21 head, planning or other management costs. 

22 COOPERATIVE ENDANGERED SPECIES CONSERVATION

23 FUND

24 For expenses necessary to carry out section 6 of the 

25 Endangered Species Act of 1973 (16 U.S.C. 1535), 
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1 $42,417,000, to remain available until expended, of which 

2 $20,600,000 is to be derived from the Cooperative Endan3 gered Species Conservation Fund; and of which 

4 $21,817,000 is to be derived from the Land and Water 

5 Conservation Fund. 

6 NATIONAL WILDLIFE REFUGE FUND

7 For expenses necessary to implement the Act of Octo8 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

9 NORTH AMERICAN WETLANDS CONSERVATION FUND

10 For expenses necessary to carry out the provisions 

11 of the North American Wetlands Conservation Act (16 

12 U.S.C. 4401 et seq.), $35,145,000, to remain available 

13 until expended. 

14 NEOTROPICAL MIGRATORY BIRD CONSERVATION

15 For expenses necessary to carry out the Neotropical 

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

17 seq.), $3,660,000, to remain available until expended. 

18 MULTINATIONAL SPECIES CONSERVATION FUND

19 For expenses necessary to carry out the African Ele20 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

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

22 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

23 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con24 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 
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1 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

2 et seq.), $10,061,000, to remain available until expended. 

3 STATE AND TRIBAL WILDLIFE GRANTS

4 For wildlife conservation grants to States and to the 

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

6 States Virgin Islands, the Northern Mariana Islands, 

7 American Samoa, and federally recognized Indian tribes 

8 under the provisions of the Fish and Wildlife Act of 1956 

9 and the Fish and Wildlife Coordination Act, for the devel10 opment and implementation of programs for the benefit 

11 of wildlife and their habitat, including species that are not 

12 hunted or fished, $60,571,000, to remain available until 

13 expended: Provided, That, of the amount provided herein, 

14 $4,084,000 is for a competitive grant program for feder15 ally recognized Indian tribes not subject to the remaining 

16 provisions of this appropriation: Provided further, That 

17 $5,487,000 is for a competitive grant program to imple18 ment approved plans for States, territories, and other ju19 risdictions and at the discretion of affected States, the re20 gional Associations of fish and wildlife agencies, not sub21 ject to the remaining provisions of this appropriation: Pro22 vided further, That the Secretary shall, after deducting 

23 $9,571,000 and administrative expenses, apportion the 

24 amount provided herein in the following manner: (1) to 

25 the District of Columbia and to the Commonwealth of 
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1 Puerto Rico, each a sum equal to not more than one-half 

2 of 1 percent thereof; and (2) to Guam, American Samoa, 

3 the United States Virgin Islands, and the Commonwealth 

4 of the Northern Mariana Islands, each a sum equal to not 

5 more than one-fourth of 1 percent thereof: Provided fur6 ther, That the Secretary shall apportion the remaining 

7 amount in the following manner: (1) one-third of which 

8 is based on the ratio to which the land area of such State 

9 bears to the total land area of all such States; and (2) 

10 two-thirds of which is based on the ratio to which the pop11 ulation of such State bears to the total population of all 

12 such States: Provided further, That the amounts appor13 tioned under this paragraph shall be adjusted equitably 

14 so that no State shall be apportioned a sum which is less 

15 than 1 percent of the amount available for apportionment 

16 under this paragraph for any fiscal year or more than 5 

17 percent of such amount: Provided further, That the Fed18 eral share of planning grants shall not exceed 75 percent 

19 of the total costs of such projects and the Federal share 

20 of implementation grants shall not exceed 65 percent of 

21 the total costs of such projects: Provided further, That the 

22 non-Federal share of such projects may not be derived 

23 from Federal grant programs: Provided further, That any 

24 amount apportioned in 2016 to any State, territory, or 

25 other jurisdiction that remains unobligated as of Sep-
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1 tember 30, 2017, shall be reapportioned, together with 

2 funds appropriated in 2018, in the manner provided here3 in. 

4 ADMINISTRATIVE PROVISIONS

5 The United States Fish and Wildlife Service may 

6 carry out the operations of Service programs by direct ex7 penditure, contracts, grants, cooperative agreements and 

8 reimbursable agreements with public and private entities. 

9 Appropriations and funds available to the United States 

10 Fish and Wildlife Service shall be available for repair of 

11 damage to public roads within and adjacent to reservation 

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

13 purchase of land at not to exceed $1 for each option; facili14 ties incident to such public recreational uses on conserva15 tion areas as are consistent with their primary purpose; 

16 and the maintenance and improvement of aquaria, build17 ings, and other facilities under the jurisdiction of the Serv18 ice and to which the United States has title, and which 

19 are used pursuant to law in connection with management, 

20 and investigation of fish and wildlife resources: Provided, 

21 That notwithstanding 44 U.S.C. 501, the Service may, 

22 under cooperative cost sharing and partnership arrange23 ments authorized by law, procure printing services from 

24 cooperators in connection with jointly produced publica25 tions for which the cooperators share at least one-half the 
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1 cost of printing either in cash or services and the Service 

2 determines the cooperator is capable of meeting accepted 

3 quality standards: Provided further, That the Service may 

4 accept donated aircraft as replacements for existing air5 craft: Provided further, That notwithstanding 31 U.S.C. 

6 3302, all fees collected for non-toxic shot review and ap7 proval shall be deposited under the heading ‘‘United 

8 States Fish and Wildlife Service—Resource Management’’ 

9 and shall be available to the Secretary, without further 

10 appropriation, to be used for expenses of processing of 

11 such non-toxic shot type or coating applications and revis12 ing regulations as necessary, and shall remain available 

13 until expended. 

14 NATIONAL PARK SERVICE

15 OPERATION OF THE NATIONAL PARK SYSTEM

16 For expenses necessary for the management, oper17 ation, and maintenance of areas and facilities adminis18 tered by the National Park Service and for the general 

19 administration of the National Park Service, 

20 $2,323,273,000, of which $9,923,000 for planning and 

21 interagency coordination in support of Everglades restora22 tion and $96,961,000 for maintenance, repair, or rehabili23 tation projects for constructed assets shall remain avail24 able until September 30, 2017. 
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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, $63,132,000. 

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the National 

9 Historic Preservation Act (16 U.S.C. 470 et seq.), 

10 $61,410,000, to be derived from the Historic Preservation 

11 Fund and to remain available until September 30, 2017, 

12 of which $500,000 is for competitive grants for the survey 

13 and nomination of properties to the National Register of 

14 Historic Places and as National Historic Landmarks asso15 ciated with communities currently underrepresented, as 

16 determined by the Secretary, and of which $5,000,000 is 

17 for competitive grants to preserve the sites and stories of 

18 the Civil Rights movement: Provided, That such competi19 tive grants shall be made without imposing the matching 

20 requirements in Section 102(a)(3) of the National Historic 

21 Preservation Act (16 U.S.C. 470(a)(3)) to States and 

22 Tribes as defined in 16 U.S.C. 470w, Native Hawaiian 

23 organizations, local governments, including Certified Local 

24 Governments, and nonprofit organizations. 
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1 CONSTRUCTION

2 For construction, improvements, repair, or replace3 ment of physical facilities, including modifications author4 ized by section 104 of the Everglades National Park Pro5 tection and Expansion Act of 1989 (16 U.S.C. 410r-8), 

6 $192,937,000, to remain available until expended: Pro7 vided, That, notwithstanding any other provision of law, 

8 for any project initially funded in fiscal year 2016 with 

9 a future phase indicated in the National Park Service 5– 

10 Year Line Item Construction Plan, a single procurement 

11 may be issued which includes the full scope of the project: 

12 Provided further, That the solicitation and contract shall 

13 contain the clause availability of funds found at 48 CFR 

14 52.232–18: Provided further, That National Park Service 

15 Donations, Park Concessions Franchise Fees, and Recre16 ation Fee Permanent appropriations may be made avail17 able for the cost of adjustments and changes within the 

18 original scope of effort for projects funded by the National 

19 Park Service Construction appropriation: Provided further, 

20 That the Secretary of the Interior shall consult with the 

21 Committees on Appropriations, in accordance with current 

22 reprogramming thresholds, prior to making any charges 

23 authorized by this section. 
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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 2016 

4 by section 9 of the Land and Water Conservation Fund 

5 Act of 1965 (16 U.S.C. 460l–10a) is rescinded. 

6 LAND ACQUISITION AND STATE ASSISTANCE

7 For expenses necessary to carry out the Land and 

8 Water Conservation Act of 1965 (16 U.S.C. 460l–4 

9 through 11), including administrative expenses, and for 

10 acquisition of lands or waters, or interest therein, in ac11 cordance with the statutory authority applicable to the 

12 National Park Service, $106,275,000, to be derived from 

13 the Land and Water Conservation Fund and to remain 

14 available until expended, of which $55,000,000 is for the 

15 State assistance program and of which $8,000,000 shall 

16 be for the American Battlefield Protection Program 

17 grants as authorized by section 7301 of the Omnibus Pub18 lic Land Management Act of 2009 (Public Law 111–11). 

19 CENTENNIAL CHALLENGE

20 For expenses necessary to carry out the provisions 

21 of section 814(g) of Public Law 104–333 (16 U.S.C. 1f) 

22 relating to challenge cost share agreements, $10,000,000, 

23 to remain available until expended, for Centennial Chal24 lenge projects and programs: Provided, That not less than 

25 50 percent of the total cost of each project or program 
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1 shall be derived from non-Federal sources in the form of 

2 donated cash, assets, or a pledge of donation guaranteed 

3 by an irrevocable letter of credit. 

4 ADMINISTRATIVE PROVISIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 In addition to other uses set forth in section 407(d) 

7 of Public Law 105–391, franchise fees credited to a sub8 account shall be available for expenditure by the Sec9 retary, without further appropriation, for use at any unit 

10 within the National Park System to extinguish or reduce 

11 liability for Possessory Interest or leasehold surrender in12 terest. Such funds may only be used for this purpose to 

13 the extent that the benefitting unit anticipated franchise 

14 fee receipts over the term of the contract at that unit ex15 ceed the amount of funds used to extinguish or reduce 

16 liability. Franchise fees at the benefitting unit shall be 

17 credited to the sub-account of the originating unit over 

18 a period not to exceed the term of a single contract at 

19 the benefitting unit, in the amount of funds so expended 

20 to extinguish or reduce liability. 

21 For the costs of administration of the Land and 

22 Water Conservation Fund grants authorized by section 

23 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

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

25 may retain up to 3 percent of the amounts which are au-
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1 thorized to be disbursed under such section, such retained 

2 amounts to remain available until expended. 

3 National Park Service funds may be transferred to 

4 the Federal Highway Administration (FHWA), Depart5 ment of Transportation, for purposes authorized under 23 

6 U.S.C. 204. Transfers may include a reasonable amount 

7 for FHWA administrative support costs. 

8 Herein and hereafter any amounts deposited into the 

9 National Park Service trust fund accounts (31 US.C. 

10 1321(a)(l7)–(18)) shall be invested by the Secretary of the 

11 Treasury in interest bearing obligations of the United 

12 States to the extent such amounts are not, in his judg13 ment, required to meet current withdrawals: Provided, 

14 That interest earned by such investments shall be avail15 able for obligation without further appropriation, to the 

16 benefit of the project. 

17 UNITED STATES GEOLOGICAL SURVEY

18 SURVEYS, INVESTIGATIONS, AND RESEARCH

19 For expenses necessary for the United States Geo20 logical Survey to perform surveys, investigations, and re21 search covering topography, geology, hydrology, biology, 

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

23 its territories and possessions, and other areas as author24 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

25 to their mineral and water resources; give engineering su-
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1 pervision to power permittees and Federal Energy Regu2 latory Commission licensees; administer the minerals ex3 ploration program (30 U.S.C. 641); conduct inquiries into 

4 the economic conditions affecting mining and materials 

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

6 U.S.C. 98g(1)) and related purposes as authorized by law; 

7 and to publish and disseminate data relative to the fore8 going activities; $1,058,503,000, to remain available until 

9 September 30, 2017; of which $57,637,189 shall remain 

10 available until expended for satellite operations; and of 

11 which $7,280,000 shall be available until expended for de12 ferred maintenance and capital improvement projects that 

13 exceed $100,000 in cost: Provided, That none of the funds 

14 provided for the ecosystem research activity shall be used 

15 to conduct new surveys on private property, unless specifi16 cally authorized in writing by the property owner: Pro17 vided further, That no part of this appropriation shall be 

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

19 mapping or water resources data collection and investiga20 tions carried on in cooperation with States and municipali21 ties. 

22 ADMINISTRATIVE PROVISIONS

23 From within the amount appropriated for activities 

24 of the United States Geological Survey such sums as are 

25 necessary shall be available for contracting for the fur-
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1 nishing of topographic maps and for the making of geo2 physical or other specialized surveys when it is administra3 tively determined that such procedures are in the public 

4 interest; construction and maintenance of necessary build5 ings and appurtenant facilities; acquisition of lands for 

6 gauging stations and observation wells; expenses of the 

7 United States National Committee for Geological 

8 Sciences; and payment of compensation and expenses of 

9 persons employed by the Survey duly appointed to rep10 resent the United States in the negotiation and adminis11 tration of interstate compacts: Provided, That activities 

12 funded by appropriations herein made may be accom13 plished through the use of contracts, grants, or coopera14 tive agreements as defined in section 6302 of title 31, 

15 United States Code: Provided further, That the United 

16 States Geological Survey may enter into contracts or coop17 erative agreements directly with individuals or indirectly 

18 with institutions or nonprofit organizations, without re19 gard to 41 U.S.C. 6101, for the temporary or intermittent 

20 services of students or recent graduates, who shall be con21 sidered employees for the purpose of chapters 57 and 81 

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

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

24 United States Code, relating to tort claims, but shall not 
22 

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1 be considered to be Federal employees for any other pur2 poses. 

3 BUREAU OF OCEAN ENERGY MANAGEMENT

4 OCEAN ENERGY MANAGEMENT

5 For expenses necessary for granting leases, ease6 ments, rights-of-way and agreements for use for oil and 

7 gas, other minerals, energy, and marine-related purposes 

8 on the Outer Continental Shelf and approving operations 

9 related thereto, as authorized by law; for environmental 

10 studies, as authorized by law; for implementing other laws 

11 and to the extent provided by Presidential or Secretarial 

12 delegation; and for matching grants or cooperative agree13 ments, $170,857,000, of which $74,235,000, is to remain 

14 available until September 30, 2017 and of which 

15 $96,622,000 is to remain available until expended: Pro16 vided, That this total appropriation shall be reduced by 

17 amounts collected by the Secretary and credited to this 

18 appropriation from additions to receipts resulting from in19 creases to lease rental rates in effect on August 5, 1993, 

20 and from cost recovery fees from activities conducted by 

21 the Bureau of Ocean Energy Management pursuant to the 

22 Outer Continental Shelf Lands Act, including studies, as23 sessments, analysis, and miscellaneous administrative ac24 tivities: Provided further, That the sum herein appro25 priated shall be reduced as such collections are received 
23 

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1 during the fiscal year, so as to result in a final fiscal year 

2 2016 appropriation estimated at not more than 

3 $74,235,000: Provided further, That not to exceed $3,000 

4 shall be available for reasonable expenses related to pro5 moting volunteer beach and marine cleanup activities. 

6 BUREAU OF SAFETY AND ENVIRONMENTAL

7 ENFORCEMENT

8 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

9 For expenses necessary for the regulation of oper10 ations related to leases, easements, rights-of-way and 

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

12 and marine-related purposes on the Outer Continental 

13 Shelf, as authorized by law; for enforcing and imple14 menting laws and regulations as authorized by law and 

15 to the extent provided by Presidential or Secretarial dele16 gation; and for matching grants or cooperative agree17 ments, $124,772,000, of which $67,565,000 is to remain 

18 available until September 30, 2017 and of which 

19 $57,207,000 is to remain available until expended: Pro20 vided, That this total appropriation shall be reduced by 

21 amounts collected by the Secretary and credited to this 

22 appropriation from additions to receipts resulting from in23 creases to lease rental rates in effect on August 5, 1993, 

24 and from cost recovery fees from activities conducted by 

25 the Bureau of Safety and Environmental Enforcement 
24 

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1 pursuant to the Outer Continental Shelf Lands Act, in2 cluding studies, assessments, analysis, and miscellaneous 

3 administrative activities: Provided further, That the sum 

4 herein appropriated shall be reduced as such collections 

5 are received during the fiscal year, so as to result in a 

6 final fiscal year 2016 appropriation estimated at not more 

7 than $67,565,000. 

8 For an additional amount, $65,000,000, to remain 

9 available until expended, to be reduced by amounts col10 lected by the Secretary and credited to this appropriation, 

11 which shall be derived from non-refundable inspection fees 

12 collected in fiscal year 2016, as provided in this Act: Pro13 vided, That, to the extent that amounts realized from such 

14 inspection fees exceed $65,000,000, the amounts realized 

15 in excess of $65,000,000 shall be credited to this appro16 priation and remain available until expended: Provided 

17 further, That, for fiscal year 2016, not less than 50 per18 cent of the inspection fees expended by the Bureau of 

19 Safety and Environmental Enforcement will be used to 

20 fund personnel and mission-related costs to expand capac21 ity and expedite the orderly development, subject to envi22 ronmental safeguards, of the Outer Continental Shelf pur23 suant to the Outer Continental Shelf Lands Act (43 

24 U.S.C. 1331 et seq.), including the review of applications 

25 for permits to drill. 
25 

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1 OIL SPILL RESEARCH

2 For necessary expenses to carry out title I, section 

3 1016, title IV, sections 4202 and 4303, title VII, and title 

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

5 $14,899,000, which shall be derived from the Oil Spill Li6 ability Trust Fund, to remain available until expended. 

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions 

11 of the Surface Mining Control and Reclamation Act of 

12 1977, Public Law 95–87, $122,747,000, to remain avail13 able until September 30, 2017: Provided, That appropria14 tions for the Office of Surface Mining Reclamation and 

15 Enforcement may provide for the travel and per diem ex16 penses of State and tribal personnel attending Office of 

17 Surface Mining Reclamation and Enforcement sponsored 

18 training. 

19 In addition, for costs to review, administer, and en20 force permits issued by the Bureau pursuant to section 

21 507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to 

22 remain available until expended: Provided, That fees as23 sessed and collected by the Bureau pursuant to such sec24 tion 507 shall be credited to this account as discretionary 

25 offsetting collections, to remain available until expended: 
26 

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1 Provided further, That the sum herein appropriated from 

2 the general fund shall be reduced as collections are re3 ceived during the fiscal year, so as to result in a fiscal 

4 year 2016 appropriation estimated at not more than 

5 $122,747,000. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the 

8 Surface Mining Control and Reclamation Act of 1977, 

9 Public Law 95–87, $27,388,000, to be derived from re10 ceipts of the Abandoned Mine Reclamation Fund and to 

11 remain available until expended: Provided, That, pursuant 

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

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

14 the delinquent debt owed to the United States Government 

15 to pay for contracts to collect these debts: Provided fur16 ther, That funds made available under title IV of Public 

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

18 share of the cost of projects funded by the Federal Gov19 ernment for the purpose of environmental restoration re20 lated to treatment or abatement of acid mine drainage 

21 from abandoned mines: Provided further, That such 

22 projects must be consistent with the purposes and prior23 ities of the Surface Mining Control and Reclamation Act: 

24 Provided further, That amounts provided under this head25 ing may be used for the travel and per diem expenses of 
27 

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1 State and tribal personnel attending Office of Surface 

2 Mining Reclamation and Enforcement sponsored training. 

3 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

4 EDUCATION

5 OPERATION OF INDIAN PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the operation of Indian 

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

9 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De10 termination and Education Assistance Act of 1975 (25 

11 U.S.C. 450 et seq.), the Education Amendments of 1978 

12 (25 U.S.C. 2001–2019), and the Tribally Controlled 

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

14 $2,232,419,000, to remain available until September 30, 

15 2017, except as otherwise provided herein; of which not 

16 to exceed $8,500 may be for official reception and rep17 resentation expenses; of which not to exceed $74,791,000 

18 shall be for welfare assistance payments: Provided, That, 

19 in cases of designated Federal disasters, the Secretary 

20 may exceed such cap, from the amounts provided herein, 

21 to provide for disaster relief to Indian communities af22 fected by the disaster: Provided further, That federally rec23 ognized Indian tribes and tribal organizations of federally 

24 recognized Indian tribes may use their tribal priority allo25 cations for unmet welfare assistance costs: Provided fur-
28 

•S 1645 PCS

1 ther, That not to exceed $617,370,000 for school oper2 ations costs of Bureau-funded schools and other education 

3 programs shall become available on July 1, 2016, and 

4 shall remain available until September 30, 2017: Provided 

5 further, That not to exceed $43,810,000 shall remain 

6 available until expended for housing improvement, road 

7 maintenance, attorney fees, litigation support, land 

8 records improvement, and the Navajo-Hopi Settlement 

9 Program: Provided further, That, notwithstanding any 

10 other provision of law, including but not limited to the 

11 Indian Self-Determination Act of 1975 (25 U.S.C. 450f 

12 et seq.) and section 1128 of the Education Amendments 

13 of 1978 (25 U.S.C. 2008), not to exceed $64,395,000 

14 within and only from such amounts made available for 

15 school operations shall be available for administrative cost 

16 grants associated with grants approved prior to July 1, 

17 2016: Provided further, That any forestry funds allocated 

18 to a federally recognized tribe which remain unobligated 

19 as of September 30, 2017, may be transferred during fis20 cal year 2018 to an Indian forest land assistance account 

21 established for the benefit of the holder of the funds within 

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

23 any such unobligated balances not so transferred shall ex24 pire on September 30, 2018: Provided further, That, in 

25 order to enhance the safety of Bureau field employees, the 
29 

•S 1645 PCS

1 Bureau may use funds to purchase uniforms or other iden2 tifying articles of clothing for personnel. 

3 CONTRACT SUPPORT COSTS

4 For payments to tribes and tribal organizations for 

5 contract support costs associated with Indian Self-Deter6 mination and Education Assistance Act agreements with 

7 the Bureau of Indian Affairs for fiscal year 2016, such 

8 sums as may be necessary, which shall be available for 

9 obligation through September 30, 2017: Provided, That 

10 amounts obligated but not expended by a tribe or tribal 

11 organization for contract support costs for such agree12 ments for the current fiscal year shall be applied to con13 tract support costs otherwise due for such agreements for 

14 subsequent fiscal years: Provided further, That, notwith15 standing any other provision of law, no amounts made 

16 available under this heading shall be available for transfer 

17 to another budget account. 

18 CONSTRUCTION

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction, repair, improvement, and mainte21 nance of irrigation and power systems, buildings, utilities, 

22 and other facilities, including architectural and engineer23 ing services by contract; acquisition of lands, and interests 

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

25 construction of the Navajo Indian Irrigation Project pur-
30 

•S 1645 PCS

1 suant to Public Law 87–483, $135,204,000, to remain 

2 available until expended: Provided, That such amounts as 

3 may be available for the construction of the Navajo Indian 

4 Irrigation Project may be transferred to the Bureau of 

5 Reclamation: Provided further, That not to exceed 6 per6 cent of contract authority available to the Bureau of In7 dian Affairs from the Federal Highway Trust Fund may 

8 be used to cover the road program management costs of 

9 the Bureau: Provided further, That any funds provided for 

10 the Safety of Dams program pursuant to 25 U.S.C. 13 

11 shall be made available on a nonreimbursable basis: Pro12 vided further, That, for fiscal year 2016, in implementing 

13 new construction or facilities improvement and repair 

14 project grants in excess of $100,000 that are provided to 

15 grant schools under Public Law 100–297, as amended, the 

16 Secretary of the Interior shall use the Administrative and 

17 Audit Requirements and Cost Principles for Assistance 

18 Programs contained in 43 CFR part 12 as the regulatory 

19 requirements: Provided further, That such grants shall not 

20 be subject to section 12.61 of 43 CFR; the Secretary and 

21 the grantee shall negotiate and determine a schedule of 

22 payments for the work to be performed: Provided further, 

23 That, in considering grant applications, the Secretary 

24 shall consider whether such grantee would be deficient in 

25 assuring that the construction projects conform to applica-
31 

•S 1645 PCS

1 ble building standards and codes and Federal, tribal, or 

2 State health and safety standards as required by 25 

3 U.S.C. 2005(b), with respect to organizational and finan4 cial management capabilities: Provided further, That, if 

5 the Secretary declines a grant application, the Secretary 

6 shall follow the requirements contained in 25 U.S.C. 

7 2504(f): Provided further, That any disputes between the 

8 Secretary and any grantee concerning a grant shall be 

9 subject to the disputes provision in 25 U.S.C. 2507(e): 

10 Provided further, That, in order to ensure timely comple11 tion of construction projects, the Secretary may assume 

12 control of a project and all funds related to the project, 

13 if, within 18 months of the date of enactment of this Act, 

14 any grantee receiving funds appropriated in this Act or 

15 in any prior Act, has not completed the planning and de16 sign phase of the project and commenced construction: 

17 Provided further, That this appropriation may be reim18 bursed from the Office of the Special Trustee for Amer19 ican Indians appropriation for the appropriate share of 

20 construction costs for space expansion needed in agency 

21 offices to meet trust reform implementation. 

22 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

23 MISCELLANEOUS PAYMENTS TO INDIANS

24 For payments and necessary administrative expenses 

25 for implementation of Indian land and water claim settle-
32 

•S 1645 PCS

1 ments pursuant to Public Laws 99–264, 100–580, 101– 

2 618, 111–11, and 111–291, and for implementation of 

3 other land and water rights settlements, $40,655,000, to 

4 remain available until expended. 

5 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

6 For the cost of guaranteed loans and insured loans, 

7 $7,748,000, of which $1,062,000 is for administrative ex8 penses, as authorized by the Indian Financing Act of 

9 1974: Provided, That such costs, including the cost of 

10 modifying such loans, shall be as defined in section 502 

11 of the Congressional Budget Act of 1974: Provided fur12 ther, That these funds are available to subsidize total loan 

13 principal, any part of which is to be guaranteed or insured, 

14 not to exceed $113,804,510. 

15 ADMINISTRATIVE PROVISIONS

16 The Bureau of Indian Affairs may carry out the oper17 ation of Indian programs by direct expenditure, contracts, 

18 cooperative agreements, compacts, and grants, either di19 rectly or in cooperation with States and other organiza20 tions. 

21 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

22 Affairs may contract for services in support of the man23 agement, operation, and maintenance of the Power Divi24 sion of the San Carlos Irrigation Project. 
33 

•S 1645 PCS

1 Notwithstanding any other provision of law, no funds 

2 available to the Bureau of Indian Affairs for central office 

3 oversight and Executive Direction and Administrative 

4 Services (except executive direction and administrative 

5 services funding for Tribal Priority Allocations, regional 

6 offices, and facilities operations and maintenance) shall be 

7 available for contracts, grants, compacts, or cooperative 

8 agreements with the Bureau of Indian Affairs under the 

9 provisions of the Indian Self-Determination Act or the 

10 Tribal Self-Governance Act of 1994 (Public Law 103– 

11 413). 

12 In the event any tribe returns appropriations made 

13 available by this Act to the Bureau of Indian Affairs, this 

14 action shall not diminish the Federal Government’s trust 

15 responsibility to that tribe, or the government-to-govern16 ment relationship between the United States and that 

17 tribe, or that tribe’s ability to access future appropria18 tions. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau of Indian Education, other than 

21 the amounts provided herein for assistance to public 

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

23 support the operation of any elementary or secondary 

24 school in the State of Alaska. 
34 

•S 1645 PCS

1 No funds available to the Bureau of Indian Edu2 cation shall be used to support expanded grades for any 

3 school or dormitory beyond the grade structure in place 

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

5 in the Bureau of Indian Education school system as of 

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

7 may waive this prohibition to support expansion of up to 

8 one additional grade when the Secretary determines such 

9 waiver is needed to support accomplishment of the mission 

10 of the Bureau of Indian Education. Appropriations made 

11 available in this or any prior Act for schools funded by 

12 the Bureau shall be available, in accordance with the Bu13 reau’s funding formula, only to the schools in the Bureau 

14 school system as of September 1, 1996, and to any school 

15 or school program that was reinstated in fiscal year 2012. 

16 Funds made available under this Act may not be used to 

17 establish a charter school at a Bureau-funded school (as 

18 that term is defined in section 1141 of the Education 

19 Amendments of 1978 (25 U.S.C. 2021)), except that a 

20 charter school that is in existence on the date of the enact21 ment of this Act and that has operated at a Bureau-fund22 ed school before September 1, 1999, may continue to oper23 ate during that period, but only if the charter school pays 

24 to the Bureau a pro rata share of funds to reimburse the 

25 Bureau for the use of the real and personal property (in-
35 

•S 1645 PCS

1 cluding buses and vans), the funds of the charter school 

2 are kept separate and apart from Bureau funds, and the 

3 Bureau does not assume any obligation for charter school 

4 programs of the State in which the school is located if 

5 the charter school loses such funding. Employees of Bu6 reau-funded schools sharing a campus with a charter 

7 school and performing functions related to the charter 

8 school’s operation and employees of a charter school shall 

9 not be treated as Federal employees for purposes of chap10 ter 171 of title 28, United States Code. 

11 Notwithstanding any other provision of law, including 

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

13 113, if in fiscal year 2003 or 2004 a grantee received indi14 rect and administrative costs pursuant to a distribution 

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

16 Secretary shall continue to distribute indirect and admin17 istrative cost funds to such grantee using the section 5(f) 

18 distribution formula. 

19 Funds available under this Act may not be used to 

20 establish satellite locations of schools in the Bureau school 

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

22 may waive this prohibition in order for an Indian tribe 

23 to provide language and cultural immersion educational 

24 programs for non-public schools located within the juris25 dictional area of the tribal government which exclusively 
36 

•S 1645 PCS

1 serve tribal members, do not include grades beyond those 

2 currently served at the existing Bureau-funded school, 

3 provide an educational environment with educator pres4 ence and academic facilities comparable to the Bureau5 funded school, comply with all applicable Tribal, Federal, 

6 or State health and safety standards, and the Americans 

7 with Disabilities Act, and demonstrate the benefits of es8 tablishing operations at a satellite location in lieu of incur9 ring extraordinary costs, such as for transportation or 

10 other impacts to students such as those caused by busing 

11 students extended distances: Provided, That no funds 

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

13 maintenance, rehabilitation, construction or other facili14 ties-related costs for such assets that are not owned by 

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

16 school’’ means a school location physically separated from 

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

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

19 DEPARTMENTAL OFFICES

20 OFFICE OF THE SECRETARY

21 DEPARTMENTAL OPERATIONS

22 For necessary expenses for management of the De23 partment of the Interior, including the collection and dis24 bursement of royalties, fees, and other mineral revenue 

25 proceeds, and for grants and cooperative agreements, as 
37 

•S 1645 PCS

1 authorized by law, $265,263,000, to remain available until 

2 September 30, 2017; of which not to exceed $15,000 may 

3 be for official reception and representation expenses; and 

4 of which up to $1,000,000 shall be available for workers 

5 compensation payments and unemployment compensation 

6 payments associated with the orderly closure of the United 

7 States Bureau of Mines; and of which $12,000,000 for 

8 the Office of Valuation Services is to be derived from the 

9 Land and Water Conservation Fund and shall remain 

10 available until expended; and of which $38,300,000 shall 

11 remain available until expended for the purpose of mineral 

12 revenue management activities: Provided, That, notwith13 standing any other provision of law, $15,000 under this 

14 heading shall be available for refunds of overpayments in 

15 connection with certain Indian leases in which the Sec16 retary concurred with the claimed refund due, to pay 

17 amounts owed to Indian allottees or tribes, or to correct 

18 prior unrecoverable erroneous payments. 

19 ADMINISTRATIVE PROVISIONS

20 For fiscal year 2016, up to $400,000 of the payments 

21 authorized by the Act of October 20, 1976 (31 U.S.C. 

22 6901–6907) may be retained for administrative expenses 

23 of the Payments in Lieu of Taxes Program: Provided, 

24 That no payment shall be made pursuant to that Act to 

25 otherwise eligible units of local government if the com-
38 

•S 1645 PCS

1 puted amount of the payment is less than $100: Provided 

2 further, That the Secretary may reduce the payment au3 thorized by 31 U.S.C. 6901–6907 for an individual county 

4 by the amount necessary to correct prior year overpay5 ments to that county: Provided further, That the amount 

6 needed to correct a prior year underpayment to an indi7 vidual county shall be paid from any reductions for over8 payments to other counties and the amount necessary to 

9 cover any remaining underpayment is hereby appropriated 

10 and shall be paid to individual counties. 

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, $85,976,000, of which: (1) $76,528,000 

17 shall remain available until expended for territorial assist18 ance, including general technical assistance, maintenance 

19 assistance, disaster assistance, coral reef initiative activi20 ties, and brown tree snake control and research; grants 

21 to the judiciary in American Samoa for compensation and 

22 expenses, as authorized by law (48 U.S.C. 1661(c)); 

23 grants to the Government of American Samoa, in addition 

24 to current local revenues, for construction and support of 

25 governmental functions; grants to the Government of the 
39 

•S 1645 PCS

1 Virgin Islands as authorized by law; grants to the Govern2 ment of Guam, as authorized by law; and grants to the 

3 Government of the Northern Mariana Islands as author4 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 

5 $9,448,000 shall be available until September 30, 2017, 

6 for salaries and expenses of the Office of Insular Affairs: 

7 Provided, That all financial transactions of the territorial 

8 and local governments herein provided for, including such 

9 transactions of all agencies or instrumentalities estab10 lished or used by such governments, may be audited by 

11 the Government Accountability Office, at its discretion, in 

12 accordance with chapter 35 of title 31, United States 

13 Code: Provided further, That Northern Mariana Islands 

14 Covenant grant funding shall be provided according to 

15 those terms of the Agreement of the Special Representa16 tives on Future United States Financial Assistance for the 

17 Northern Mariana Islands approved by Public Law 104– 

18 134: Provided further, That the funds for the program of 

19 operations and maintenance improvement are appro20 priated to institutionalize routine operations and mainte21 nance improvement of capital infrastructure with terri22 torial participation and cost sharing to be determined by 

23 the Secretary based on the grantee’s commitment to time24 ly maintenance of its capital assets: Provided further, That 

25 any appropriation for disaster assistance under this head-
40 

•S 1645 PCS

1 ing in this Act or previous appropriations Acts may be 

2 used as non-Federal matching funds for the purpose of 

3 hazard mitigation grants provided pursuant to section 404 

4 of the Robert T. Stafford Disaster Relief and Emergency 

5 Assistance Act (42 U.S.C. 5170c). 

6 COMPACT OF FREE ASSOCIATION

7 For grants and necessary expenses, $3,318,000, to 

8 remain available until expended, as provided for in sec9 tions 221(a)(2) and 233 of the Compact of Free Associa10 tion for the Republic of Palau; and section 221(a)(2) of 

11 the Compacts of Free Association for the Government of 

12 the Republic of the Marshall Islands and the Federated 

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

14 658 and Public Law 108–188. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 At the request of the Governor of Guam, the Sec18 retary may transfer discretionary funds or mandatory 

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

20 188 and Public Law 104–134, that are allocated for 

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

22 of direct or guaranteed loans, plus not to exceed three per23 cent of the amount of the subsidy transferred for the cost 

24 of loan administration, for the purposes authorized by the 

25 Rural Electrification Act of 1936 and section 306(a)(1) 
41 

•S 1645 PCS

1 of the Consolidated Farm and Rural Development Act for 

2 construction and repair projects in Guam, and such funds 

3 shall remain available until expended: Provided, That such 

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

5 as defined in section 502 of the Congressional Budget Act 

6 of 1974: Provided further, That such loans or loan guaran7 tees may be made without regard to the population of the 

8 area, credit elsewhere requirements, and restrictions on 

9 the types of eligible entities under the Rural Electrifica10 tion Act of 1936 and section 306(a)(1) of the Consolidated 

11 Farm and Rural Development Act: Provided further, That 

12 any funds transferred to the Secretary of Agriculture shall 

13 be in addition to funds otherwise made available to make 

14 or guarantee loans under such authorities. 

15 OFFICE OF THE SOLICITOR

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Solicitor, 

18 $63,800,000. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Inspector 

22 General, $50,047,000. 
42 

•S 1645 PCS

1 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

2 INDIANS

3 FEDERAL TRUST PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the operation of trust programs for Indians by 

6 direct expenditure, contracts, cooperative agreements, 

7 compacts, and grants, $139,029,000, to remain available 

8 until expended, of which not to exceed $22,120,000 from 

9 this or any other Act, may be available for historical ac10 counting: Provided, That funds for trust management im11 provements and litigation support may, as needed, be 

12 transferred to or merged with the Bureau of Indian Af13 fairs and Bureau of Indian Education, ‘‘Operation of In14 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala15 ries and Expenses’’ account; and the Office of the Sec16 retary, ‘‘Departmental Operations’’ account: Provided fur17 ther, That funds made available through contracts or 

18 grants obligated during fiscal year 2016, as authorized by 

19 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 

20 et seq.), shall remain available until expended by the con21 tractor or grantee: Provided further, That, notwith22 standing any other provision of law, the Secretary shall 

23 not be required to provide a quarterly statement of per24 formance for any Indian trust account that has not had 

25 activity for at least 15 months and has a balance of $15 
43 

•S 1645 PCS

1 or less: Provided further, That the Secretary shall issue 

2 an annual account statement and maintain a record of any 

3 such accounts and shall permit the balance in each such 

4 account to be withdrawn upon the express written request 

5 of the account holder: Provided further, That not to exceed 

6 $50,000 is available for the Secretary to make payments 

7 to correct administrative errors of either disbursements 

8 from or deposits to Individual Indian Money or Tribal ac9 counts after September 30, 2002: Provided further, That 

10 erroneous payments that are recovered shall be credited 

11 to and remain available in this account for this purpose: 

12 Provided further, That the Secretary shall not be required 

13 to reconcile Special Deposit Accounts with a balance of 

14 less than $500 unless the Office of the Special Trustee 

15 receives proof of ownership from a Special Deposit Ac16 counts claimant. 

17 DEPARTMENT-WIDE PROGRAMS

18 WILDLAND FIRE MANAGEMENT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses for fire preparedness, fire 

21 suppression operations, fire science and research, emer22 gency rehabilitation, hazardous fuels management activi23 ties, and rural fire assistance by the Department of the 

24 Interior, $908,745,000, to remain available until ex25 pended, of which not to exceed $6,427,000 shall be for 
44 

•S 1645 PCS

1 the renovation or construction of fire facilities: Provided, 

2 That such funds are also available for repayment of ad3 vances to other appropriation accounts from which funds 

4 were previously transferred for such purposes: Provided 

5 further, That, of the funds provided, $170,000,000 is for 

6 hazardous fuels management activities: Provided further, 

7 That, of the funds provided, $18,970,000 is for burned 

8 area rehabilitation: Provided further, That persons hired 

9 pursuant to 43 U.S.C. 1469 may be furnished subsistence 

10 and lodging without cost from funds available from this 

11 appropriation: Provided further, That, notwithstanding 42 

12 U.S.C. 1856d, sums received by a bureau or office of the 

13 Department of the Interior for fire protection rendered 

14 pursuant to 42 U.S.C. 1856 et seq., protection of United 

15 States property, may be credited to the appropriation from 

16 which funds were expended to provide that protection, and 

17 are available without fiscal year limitation: Provided fur18 ther, That, using the amounts designated under this title 

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

20 procurement contracts, grants, or cooperative agreements, 

21 for hazardous fuels management and resilient landscapes 

22 activities, and for training and monitoring associated with 

23 such hazardous fuels management and resilient landscapes 

24 activities on Federal land, or on adjacent non-Federal land 

25 for activities that benefit resources on Federal land: Pro-
45 

•S 1645 PCS

1 vided further, That the costs of implementing any coopera2 tive agreement between the Federal Government and any 

3 non-Federal entity may be shared, as mutually agreed on 

4 by the affected parties: Provided further, That, notwith5 standing requirements of the Competition in Contracting 

6 Act, the Secretary, for purposes of hazardous fuels man7 agement and resilient landscapes activities, may obtain 

8 maximum practicable competition among: (1) local pri9 vate, nonprofit, or cooperative entities; (2) Youth Con10 servation Corps crews, Public Lands Corps (Public Law 

11 109–154), or related partnerships with State, local, or 

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

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

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

15 workforce to complete such contracts: Provided further, 

16 That, in implementing this section, the Secretary shall de17 velop written guidance to field units to ensure account18 ability and consistent application of the authorities pro19 vided herein: Provided further, That funds appropriated 

20 under this heading may be used to reimburse the United 

21 States Fish and Wildlife Service and the National Marine 

22 Fisheries Service for the costs of carrying out their re23 sponsibilities under the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.) to consult and conference, as 

25 required by section 7 of such Act, in connection with 
46 

•S 1645 PCS

1 wildland fire management activities: Provided further, 

2 That the Secretary of the Interior may use wildland fire 

3 appropriations to enter into leases of real property with 

4 local governments, at or below fair market value, to con5 struct capitalized improvements for fire facilities on such 

6 leased properties, including but not limited to fire guard 

7 stations, retardant stations, and other initial attack and 

8 fire support facilities, and to make advance payments for 

9 any such lease or for construction activity associated with 

10 the lease: Provided further, That the Secretary of the Inte11 rior and the Secretary of Agriculture may authorize the 

12 transfer of funds appropriated for wildland fire manage13 ment, in an aggregate amount not to exceed $50,000,000, 

14 between the Departments when such transfers would fa15 cilitate and expedite wildland fire management programs 

16 and projects: Provided further, That funds provided for 

17 wildfire suppression shall be available for support of Fed18 eral emergency response actions: Provided further, That 

19 funds appropriated under this heading shall be available 

20 for assistance to or through the Department of State in 

21 connection with forest and rangeland research, technical 

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

23 the concurrence of the Secretary of State, shall be avail24 able to support forestry, wildland fire management, and 

25 related natural resource activities outside the United 
47 

•S 1645 PCS

1 States and its territories and possessions, including tech2 nical assistance, education and training, and cooperation 

3 with United States and international organizations. 

4 For an additional amount, $200,000,000 for wildfire 

5 suppression operations to meet the emergency and unpre6 dictable aspects of wildland firefighting including support, 

7 response, and emergency stabilization activities, other 

8 emergency management activities, and funds necessary to 

9 repay any transfers needed for these costs, to remain 

10 available until expended: Provided, That such funds are 

11 also available for transfer to other appropriations accounts 

12 to repay amounts previously transferred for wildlife sup13 pression: Provided further, That such amount is des14 ignated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 CENTRAL HAZARDOUS MATERIALS FUND

18 For necessary expenses of the Department of the In19 terior and any of its component offices and bureaus for 

20 the response action, including associated activities, per21 formed pursuant to the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

23 et seq.), $10,011,000, to remain available until expended. 
48 

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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment, res5 toration activities, and onshore oil spill preparedness by 

6 the Department of the Interior necessary to carry out the 

7 provisions of the Comprehensive Environmental Response, 

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

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

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

11 et seq.), and Public Law 101–337 (16 U.S.C. 19jj et seq.), 

12 $7,767,000, to remain available until expended. 

13 WORKING CAPITAL FUND

14 For the operation and maintenance of a departmental 

15 financial and business management system, information 

16 technology improvements of general benefit to the Depart17 ment, and the consolidation of facilities and operations 

18 throughout the Department, $57,100,000, to remain 

19 available until expended: Provided, That none of the funds 

20 appropriated in this Act or any other Act may be used 

21 to establish reserves in the Working Capital Fund account 

22 other than for accrued annual leave and depreciation of 

23 equipment without prior approval of the Committees on 

24 Appropriations of the House of Representatives and the 

25 Senate: Provided further, That the Secretary may assess 
49 

•S 1645 PCS

1 reasonable charges to State, local and tribal government 

2 employees for training services provided by the National 

3 Indian Program Training Center, other than training re4 lated to Public Law 93–638: Provided further, That the 

5 Secretary may lease or otherwise provide space and related 

6 facilities, equipment or professional services of the Na7 tional Indian Program Training Center to State, local and 

8 tribal government employees or persons or organizations 

9 engaged in cultural, educational, or recreational activities 

10 (as defined in section 3306(a) of title 40, United States 

11 Code) at the prevailing rate for similar space, facilities, 

12 equipment, or services in the vicinity of the National In13 dian Program Training Center: Provided further, That all 

14 funds received pursuant to the two preceding provisos 

15 shall be credited to this account, shall be available until 

16 expended, and shall be used by the Secretary for necessary 

17 expenses of the National Indian Program Training Center: 

18 Provided further, That the Secretary may enter into grants 

19 and cooperative agreements to support the Office of Nat20 ural Resource Revenue’s collection and disbursement of 

21 royalties, fees, and other mineral revenue proceeds, as au22 thorized by law. 

23 ADMINISTRATIVE PROVISION

24 There is hereby authorized for acquisition from avail25 able resources within the Working Capital Fund, aircraft 
50 

•S 1645 PCS

1 which may be obtained by donation, purchase or through 

2 available excess surplus property: Provided, That existing 

3 aircraft being replaced may be sold, with proceeds derived 

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

5 replacement aircraft. 

6 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

7 (INCLUDING TRANSFERS OF FUNDS)

8 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

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

10 available for expenditure or transfer (within each bureau 

11 or office), with the approval of the Secretary, for the emer12 gency reconstruction, replacement, or repair of aircraft, 

13 buildings, utilities, or other facilities or equipment dam14 aged or destroyed by fire, flood, storm, or other unavoid15 able causes: Provided, That no funds shall be made avail16 able under this authority until funds specifically made 

17 available to the Department of the Interior for emer18 gencies shall have been exhausted: Provided further, That 

19 all funds used pursuant to this section must be replenished 

20 by a supplemental appropriation, which must be requested 

21 as promptly as possible. 

22 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

23 SEC. 102. The Secretary may authorize the expendi24 ture or transfer of any no year appropriation in this title, 

25 in addition to the amounts included in the budget pro-
51 

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1 grams of the several agencies, for the suppression or emer2 gency prevention of wildland fires on or threatening lands 

3 under the jurisdiction of the Department of the Interior; 

4 for the emergency rehabilitation of burned-over lands 

5 under its jurisdiction; for emergency actions related to po6 tential or actual earthquakes, floods, volcanoes, storms, or 

7 other unavoidable causes; for contingency planning subse8 quent to actual oil spills; for response and natural resource 

9 damage assessment activities related to actual oil spills or 

10 releases of hazardous substances into the environment; for 

11 the prevention, suppression, and control of actual or po12 tential grasshopper and Mormon cricket outbreaks on 

13 lands under the jurisdiction of the Secretary, pursuant to 

14 the authority in section 417(b) of Public Law 106–224 

15 (7 U.S.C. 7717(b)); for emergency reclamation projects 

16 under section 410 of Public Law 95–87; and shall trans17 fer, from any no year funds available to the Office of Sur18 face Mining Reclamation and Enforcement, such funds as 

19 may be necessary to permit assumption of regulatory au20 thority in the event a primacy State is not carrying out 

21 the regulatory provisions of the Surface Mining Act: Pro22 vided, That appropriations made in this title for wildland 

23 fire operations shall be available for the payment of obliga24 tions incurred during the preceding fiscal year, and for 

25 reimbursement to other Federal agencies for destruction 
52 

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1 of vehicles, aircraft, or other equipment in connection with 

2 their use for wildland fire operations, such reimbursement 

3 to be credited to appropriations currently available at the 

4 time of receipt thereof: Provided further, That, for 

5 wildland fire operations, no funds shall be made available 

6 under this authority until the Secretary determines that 

7 funds appropriated for ‘‘wildland fire operations’’ shall be 

8 exhausted within 30 days: Provided further, That all funds 

9 used pursuant to this section must be replenished by a 

10 supplemental appropriation, which must be requested as 

11 promptly as possible: Provided further, That such replen12 ishment funds shall be used to reimburse, on a pro rata 

13 basis, accounts from which emergency funds were trans14 ferred. 

15 AUTHORIZED USE OF FUNDS

16 SEC. 103. Appropriations made to the Department 

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

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

19 Code, when authorized by the Secretary, in total amount 

20 not to exceed $500,000; purchase and replacement of 

21 motor vehicles, including specially equipped law enforce22 ment vehicles; hire, maintenance, and operation of air23 craft; hire of passenger motor vehicles; purchase of re24 prints; payment for telephone service in private residences 

25 in the field, when authorized under regulations approved 
53 

•S 1645 PCS

1 by the Secretary; and the payment of dues, when author2 ized by the Secretary, for library membership in societies 

3 or associations which issue publications to members only 

4 or at a price to members lower than to subscribers who 

5 are not members. 

6 AUTHORIZED USE OF FUNDS, INDIAN TRUST

7 MANAGEMENT

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

9 headings Bureau of Indian Affairs and Bureau of Indian 

10 Education, and Office of the Special Trustee for American 

11 Indians and any unobligated balances from prior appro12 priations Acts made under the same headings shall be 

13 available for expenditure or transfer for Indian trust man14 agement and reform activities. Total funding for historical 

15 accounting activities shall not exceed amounts specifically 

16 designated in this Act for such purpose. 

17 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

18 AFFAIRS

19 SEC. 105. Notwithstanding any other provision of 

20 law, the Secretary of the Interior is authorized to redis21 tribute any Tribal Priority Allocation funds, including 

22 tribal base funds, to alleviate tribal funding inequities by 

23 transferring funds to address identified, unmet needs, 

24 dual enrollment, overlapping service areas or inaccurate 

25 distribution methodologies. No tribe shall receive a reduc-
54 

•S 1645 PCS

1 tion in Tribal Priority Allocation funds of more than 10 

2 percent in fiscal year 2016. Under circumstances of dual 

3 enrollment, overlapping service areas or inaccurate dis4 tribution methodologies, the 10 percent limitation does not 

5 apply. 

6 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

7 SEC. 106. Notwithstanding any other provision of 

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

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

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

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

12 of operating and maintaining facilities in the support of 

13 transportation and accommodation of visitors to Ellis, 

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

15 administrative activities, by donation or with appropriated 

16 funds, including franchise fees (and other monetary con17 sideration), or by exchange; and the Secretary is author18 ized to negotiate and enter into leases, subleases, conces19 sion contracts or other agreements for the use of such fa20 cilities on such terms and conditions as the Secretary may 

21 determine reasonable. 

22 OUTER CONTINENTAL SHELF INSPECTION FEES

23 SEC. 107. (a) In fiscal year 2016, the Secretary shall 

24 collect a nonrefundable inspection fee, which shall be de25 posited in the ‘‘Offshore Safety and Environmental En-
55 

•S 1645 PCS

1 forcement’’ account, from the designated operator for fa2 cilities subject to inspection under 43 U.S.C. 1348(c). 

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

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

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

6 2016 shall be: 

7 (1) $10,500 for facilities with no wells, but with 

8 processing equipment or gathering lines; 

9 (2) $17,000 for facilities with 1 to 10 wells, 

10 with any combination of active or inactive wells; and 

11 (3) $31,500 for facilities with more than 10 

12 wells, with any combination of active or inactive 

13 wells. 

14 (c) Fees for drilling rigs shall be assessed for all in15 spections completed in fiscal year 2016. Fees for fiscal 

16 year 2016 shall be: 

17 (1) $30,500 per inspection for rigs operating in 

18 water depths of 500 feet or more; and 

19 (2) $16,700 per inspection for rigs operating in 

20 water depths of less than 500 feet. 

21 (d) The Secretary shall bill designated operators 

22 under subsection (b) within 60 days, with payment re23 quired within 30 days of billing. The Secretary shall bill 

24 designated operators under subsection (c) within 30 days 
56 

•S 1645 PCS

1 of the end of the month in which the inspection occurred, 

2 with payment required within 30 days of billing. 

3 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

4 AND ENFORCEMENT REORGANIZATION

5 SEC. 108. The Secretary of the Interior, in order to 

6 implement a reorganization of the Bureau of Ocean En7 ergy Management, Regulation and Enforcement, may 

8 transfer funds among and between the successor offices 

9 and bureaus affected by the reorganization only in con10 formance with the reprogramming guidelines described in 

11 the report accompanying this Act. 

12 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

13 BURRO HOLDING FACILITIES

14 SEC. 109. Notwithstanding any other provision of 

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

16 multiyear cooperative agreements with nonprofit organiza17 tions and other appropriate entities, and may enter into 

18 multiyear contracts in accordance with the provisions of 

19 section 304B of the Federal Property and Administrative 

20 Services Act of 1949 (41 U.S.C. 254c) (except that the 

21 5-year term restriction in subsection (d) shall not apply), 

22 for the long-term care and maintenance of excess wild free 

23 roaming horses and burros by such organizations or enti24 ties on private land. Such cooperative agreements and con-
57 

•S 1645 PCS

1 tracts may not exceed 10 years, subject to renewal at the 

2 discretion of the Secretary. 

3 REISSUANCE OF FINAL RULES

4 SEC. 110. Before the end of the 60-day period begin5 ning on the date of the enactment of this Act, the Sec6 retary of the Interior shall reissue the final rule published 

7 on December 28, 2011 (76 Fed. Reg. 81666 et seq.) and 

8 the final rule published on September 10, 2012 (77 Fed. 

9 7 Reg. 55530 et seq.), without regard to any other provi10 sion of statute or regulation that applies to issuance of 

11 such rules. Such reissuances (including this section) shall 

12 not be subject to judicial review. 

13 MASS MARKING OF SALMONIDS

14 SEC. 111. The United States Fish and Wildlife Serv15 ice shall, in carrying out its responsibilities to protect 

16 threatened and endangered species of salmon, implement 

17 a system of mass marking of salmonid stocks, intended 

18 for harvest, that are released from federally operated or 

19 federally financed hatcheries including but not limited to 

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

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

22 identified by commercial and recreational fishers. 

23 PROHIBITION ON USE OF FUNDS

24 SEC. 112. (a) Any proposed new use of the Arizona 

25 & California Railroad Company’s Right of Way for convey-
58 

•S 1645 PCS

1 ance of water shall not proceed unless the Secretary of 

2 the Interior certifies that the proposed new use is within 

3 the scope of the Right of Way as interpreted by the De4 partment’s Office of the Solicitor’s opinion, Memorandum 

5 M–37025, issued on November 4, 2011. 

6 (b) No funds appropriated or otherwise made avail7 able to the Department of the Interior may be used, in 

8 relation to any proposal to export groundwater for munic9 ipal use, for approval of any right-of-way or similar au10 thorization on the Mojave National Preserve or lands man11 aged by the Needles Field Office of the Bureau of Land 

12 Management, or for carrying out any activities associated 

13 with such right-of-way or similar approval. 

14 REPUBLIC OF PALAU

15 SEC. 113. (a) IN GENERAL.—Subject to subsection 

16 (c), the United States Government, through the Secretary 

17 of the Interior shall provide to the Government of Palau 

18 for fiscal year 2016 grants in amounts equal to the annual 

19 amounts specified in subsections (a), (c), and (d) of sec20 tion 211 of the Compact of Free Association between the 

21 Government of the United States of America and the Gov22 ernment of Palau (48 U.S.C. 1931 note) (referred to in 

23 this section as the ‘‘Compact’’). 

24 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub25 section (c), the United States shall provide programmatic 
59 

•S 1645 PCS

1 assistance to the Republic of Palau for fiscal year 2016 

2 in amounts equal to the amounts provided in subsections 

3 (a) and (b)(1) of section 221 of the Compact. 

4 (c) LIMITATIONS ON ASSISTANCE.— 

5 (1) IN GENERAL.—The grants and pro6 grammatic assistance provided under subsections (a) 

7 and (b) shall be provided to the same extent and in 

8 the same manner as the grants and assistance were 

9 provided in fiscal year 2009. 

10 (2) TRUST FUND.—If the Government of Palau 

11 withdraws more than $5,000,000 from the trust 

12 fund established under section 211(f) of the Com13 pact, amounts to be provided under subsections (a) 

14 and (b) shall be withheld from the Government of 

15 Palau. 

16 STATEWIDE VARIANCES

17 SEC. 114. On land under the jurisdiction of a State 

18 or federally recognized Indian tribe, if State or tribal laws 

19 or regulations are in place regarding the process generally 

20 understood to encompass hydraulic fracturing or well 

21 stimulation for the purpose of production of natural gas 

22 and oil, the Bureau of Land Management shall issue to 

23 that State or Indian tribe a statewide variance for all wells 

24 from the requirements of the final rule entitled ‘‘Oil and 
60 

•S 1645 PCS

1 Gas; Hydraulic Fracturing on Federal and Indian Lands’’ 

2 (80 Fed. Reg. 16128 (March 26, 2015)). 

3 WILD LANDS FUNDING PROHIBITION

4 SEC. 115. None of the funds made available in this 

5 Act or any other Act may be used to implement, admin6 ister, or enforce Secretarial Order No. 3310 issued by the 

7 Secretary of the Interior on December 22, 2010: Provided, 

8 That nothing in this section shall restrict the Secretary’s 

9 authorities under sections 201 and 202 of the Federal 

10 Land Policy and Management Act of 1976 (43 U.S.C. 

11 1711 and 1712). 

12 VOLUNTEERS IN PARKS

13 SEC. 116. Section 4 of Public Law 91–357 (16 

14 U.S.C. 18j), as amended, is further amended by striking 

15 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

16 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

17 SEC. 117. Notwithstanding any other provision of 

18 law, during fiscal year 2016, in carrying out work involv19 ing cooperation with State, local, and tribal governments 

20 or any political subdivision thereof, Indian Affairs may 

21 record obligations against accounts receivable from any 

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

23 the fiscal year shall not exceed total budgetary resources 

24 available at the end of the fiscal year. 
61 

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1 EXTENSION OF AUTHORITIES

2 SEC. 118. Division II of Public Law 104–333 (16 

3 U.S.C. 461 note), as amended, is further amended in sec4 tions 208, 310, and 607 by striking ‘‘2015’’ and inserting 

5 ‘‘2021’’. 

6 SAGE-GROUSE

7 SEC. 119. None of the funds made available by this 

8 or any other Act may be used by the Secretary of the Inte9 rior to write or issue pursuant to section 4 of the Endan10 gered Species Act of 1973 (16 U.S.C. 1533)— 

11 (1) a proposed rule for greater sage-grouse 

12 (Centrocercus urophasianus); 

13 (2) a proposed rule for the Columbia basin 

14 distinct population segment of greater sage15 grouse; 

16 (3) a final rule for the bi-state distinct 

17 population segment of greater sage-grouse; or 

18 (4) a final rule for Gunnison sage-grouse 

19 (Centrocercus minimus). 

20 OFFSHORE PAY AUTHORITY EXTENSION

21 SEC. 120. Section 117 of Division G of Public Law 

22 113–76 is amended by striking ‘‘and 2015’’ and inserting 

23 ‘‘through 2016’’. 
62 

•S 1645 PCS

1 ONSHORE PAY AUTHORITY EXTENSION

2 SEC. 121. Section 123 of Division G of Public Law 

3 113–76 is amended by striking ‘‘and 2015’’ and inserting 

4 ‘‘through 2016’’. 

5 NATIONAL PARK SERVICE AFFILIATED AREAS

6 SEC. 122. (a) Section 5 of Public Law 95–348 is 

7 amended by striking ‘‘not to exceed $3,000,000’’ and in8 serting ‘‘such sums as may be necessary for the purposes 

9 of this Section’’. 

10 (b) Section 204 of Public Law 93–486, as amended 

11 by section 1(3) of Public Law 100–355, is further amend12 ed by striking ‘‘, but not to exceed $2,000,000’’. 

13 WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF

14 UNEXPENDED AMOUNTS

15 SEC. 123. Section 3(b)(2)(C) of the Pittman-Robert16 son Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) 

17 is amended by striking ‘‘2016’’ and inserting ‘‘2017’’. 

18 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

19 PROGRAM

20 SEC. 124. (a) Notwithstanding any other provision 

21 of law relating to Federal grants and cooperative agree22 ments, the Secretary of the Interior is authorized to make 

23 grants to, or enter into cooperative agreements with, pri24 vate nonprofit organizations designated by the Secretary 

25 of Labor under Title V of the Older Americans Act of 
63 

•S 1645 PCS

1 1965 to utilize the talents of older Americans in programs 

2 authorized by other provisions of law administered by the 

3 Secretary and consistent with such provisions of law. 

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

5 subsection (a), the Secretary shall ensure that the agree6 ment would not— 

7 (1) result in the displacement of individuals 

8 currently employed by the Department, including 

9 partial displacement through reduction of non-over10 time hours, wages, or employment benefits; 

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

12 Department of the Interior Experienced Services 

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

14 Federal employee is in a layoff status from the same 

15 or substantially equivalent job within the Depart16 ment; or 

17 (3) affect existing contracts for services. 

18 NATIONAL DEFENSE AUTHORIZATION ACT TECHNICAL

19 AMENDMENT

20 SEC. 125. Section 3096(2) of the Carl Levin and 

21 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza22 tion Act for Fiscal Year 2015 is amended by inserting ‘‘for 

23 fiscal year 2015’’ after ‘‘$37,000,000’’. 
64 

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1 ROOSEVELT CAMPOBELLO INTERNATIONAL PARK

2 SEC. 126. The annual budget request submitted by 

3 the Roosevelt Campobello International Park Commission 

4 shall hereafter be directly submitted to Congress un5 changed by the National Park Service. The Service may 

6 comment on the Commission’s budget request with such 

7 additions and subtractions that the Service may propose. 

8 There shall be no diminution of the amount appropriated 

9 for the Commission, unless specified by Congress in the 

10 annual appropriations bill or the report to accompany the 

11 bill. 

12 KING COVE ROAD LAND EXCHANGE

13 SEC. 127. (a) FINDING.—Congress finds that the 

14 land exchange required under this section (including the 

15 designation of the road corridor and the construction of 

16 the road along the road corridor) is in the public interest. 

17 (b) DEFINITIONS.—In this section: 

18 (1) FEDERAL LAND.— 

19 (A) IN GENERAL.—The term ‘‘Federal 

20 land’’ means the approximately 206 acres of 

21 Federal land located within the Refuge as de22 picted on the map entitled ‘‘Project Area Map’’ 

23 and dated September 2012. 

24 (B) INCLUSION.—The term ‘‘Federal 

25 land’’ includes the 131 acres of Federal land in 
65 

•S 1645 PCS

1 the Wilderness, which shall be used for the road 

2 corridor along which the road is to be con3 structed in accordance with subsection (c)(2). 

4 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the approximately 43,093 acres of 

6 land owned by the State as depicted on the map en7 titled ‘‘Project Area Map’’ and dated September 

8 2012. 

9 (3) REFUGE.—The term ‘‘Refuge’’ means the 

10 Izembek National Wildlife Refuge in the State. 

11 (4) ROAD CORRIDOR.—The term ‘‘road cor12 ridor’’ means the road corridor designated under 

13 subsection (c)(2)(A). 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Alaska. 

18 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

19 means the Izembek Wilderness designated by section 

20 702(6) of the Alaska National Interest Lands Con21 servation Act (16 U.S.C. 1132 note; Public Law 96– 

22 487). 

23 (c) LAND EXCHANGE REQUIRED.— 

24 (1) IN GENERAL.—If the State offers to convey 

25 to the Secretary all right, title, and interest of the 
66 

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1 State in and to the non-Federal land, the Secretary 

2 shall convey to the State all right, title, and interest 

3 of the United States in and to the Federal Land. 

4 (2) USE OF FEDERAL LAND.—The Federal land 

5 shall be conveyed to the State for the purposes of— 

6 (A) designating a road corridor through 

7 the Refuge; and 

8 (B) constructing a noncommercial single9 lane gravel road along the road corridor be10 tween the cities of King Cove and Cold Bay in 

11 the State to provide access to emergency med12 ical services via the all-weather airport in Cold 

13 Bay. 

14 (3) VALUATION, APPRAISALS, AND EQUALI15 ZATION.— 

16 (A) IN GENERAL.—The value of the Fed17 eral land and the non-Federal land to be ex18 changed under this section— 

19 (i) shall be equal, as determined by 

20 appraisals conducted in accordance with 

21 subparagraph (B); or 

22 (ii) if not equal, shall be equalized in 

23 accordance with subparagraph (C). 

24 (B) APPRAISALS.— 
67 

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1 (i) IN GENERAL.—As soon as prac2 ticable after the date of enactment of this 

3 Act, the Secretary and State shall select an 

4 appraiser to conduct appraisals of the Fed5 eral land and non-Federal land. 

6 (ii) REQUIREMENTS.—The appraisals 

7 required under clause (i) shall be con8 ducted in accordance with nationally recog9 nized appraisal standards, including— 

10 (I) the Uniform Appraisal Stand11 ards for Federal Land Acquisitions; 

12 and 

13 (II) the Uniform Standards of 

14 Professional Appraisal Practice. 

15 (C) EQUALIZATION.— 

16 (i) SURPLUS OF FEDERAL LAND.—If 

17 the final appraised value of the Federal 

18 land exceeds the final appraised value of 

19 the non-Federal land to be conveyed under 

20 the land exchange under this section, the 

21 value of the Federal land and non-Federal 

22 land shall be equalized— 

23 (I) by conveying additional non24 Federal land in the State to the Sec-
68 

•S 1645 PCS

1 retary, subject to the approval of the 

2 Secretary; 

3 (II) by the State making a cash 

4 payment to the United States; or 

5 (III) by using a combination of 

6 the methods described in subclauses 

7 (I) and (II). 

8 (ii) SURPLUS OF NON-FEDERAL

9 LAND.—If the final appraised value of the 

10 non-Federal land exceeds the final ap11 praised value of the Federal land to be 

12 conveyed under the land exchange under 

13 this section, the value of the Federal land 

14 and non-Federal land shall be equalized by 

15 the State adjusting the acreage of the non16 Federal land to be conveyed. 

17 (iii) AMOUNT OF PAYMENT.—Notwith18 standing section 206(b) of the Federal 

19 Land Policy and Management Act of 1976 

20 (43 U.S.C. 1716(b)), the Secretary may 

21 accept a payment under clause (i)(II) in 

22 excess of 25 percent of the value of the 

23 Federal land conveyed. 
69 

•S 1645 PCS

1 (4) ADMINISTRATION.—On completion of the 

2 exchange of Federal land and non-Federal land 

3 under this section— 

4 (A) the boundary of the Wilderness shall 

5 be modified to exclude the Federal land; and 

6 (B) the non-Federal land shall be— 

7 (i) added to the Wilderness; and 

8 (ii) administered in accordance with— 

9 (I) the Wilderness Act (16 

10 U.S.C. 1131 et seq.); and 

11 (II) other applicable laws. 

12 (5) DEADLINE.—The land exchange under this 

13 section shall be completed not later than 90 days 

14 after the date of enactment of this Act. 

15 (d) ROUTE OF ROAD CORRIDOR.—The route of the 

16 road corridor shall follow the southern road alignment as 

17 described in the alternative entitled ‘‘Alternative 2-Land 

18 Exchange and Southern Road Alignment’’ in the final en19 vironmental impact statement entitled ‘‘Izembek National 

20 Wildlife Refuge Land Exchange/Road Corridor Final En21 vironmental Impact Statement’’ and dated February 5, 

22 2013. 

23 (e) REQUIREMENTS RELATING TO ROAD.—The re24 quirements relating to usage, barrier cables, and dimen25 sions and the limitation on support facilities under sub-
70 

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1 sections (a) and (b) of section 6403 of the Omnibus Public 

2 Land Management Act of 2009 (Public Law 111–11; 123 

3 Stat. 1180) shall apply to the road constructed in the road 

4 corridor. 

5 (f) EFFECT.—The exchange of Federal land and non6 Federal land under this section shall not constitute a 

7 major Federal action for purposes of the National Envi8 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 LESSER PRAIRIE CHICKEN

10 SEC. 128. None of the funds made available by this 

11 Act shall be used to implement or enforce the threatened 

12 species listing of the lesser prairie chicken under the En13 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

14 TITLE II 

15 ENVIRONMENTAL PROTECTION AGENCY 

16 SCIENCE AND TECHNOLOGY

17 For science and technology, including research and 

18 development activities, which shall include research and 

19 development activities under the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 

21 1980; necessary expenses for personnel and related costs 

22 and travel expenses; procurement of laboratory equipment 

23 and supplies; and other operating expenses in support of 

24 research and development, $703,958,000, to remain avail25 able until September 30, 2017: Provided, That of the 
71 

•S 1645 PCS

1 funds included under this heading, $4,100,000 shall be for 

2 Research: National Priorities as specified in the report ac3 companying this Act. 

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

5 For environmental programs and management, in6 cluding necessary expenses, not otherwise provided for, for 

7 personnel and related costs and travel expenses; hire of 

8 passenger motor vehicles; hire, maintenance, and oper9 ation of aircraft; purchase of reprints; library member10 ships in societies or associations which issue publications 

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

12 subscribers who are not members; administrative costs of 

13 the brownfields program under the Small Business Liabil14 ity Relief and Brownfields Revitalization Act of 2002; and 

15 not to exceed $9,000 for official reception and representa16 tion expenses, $2,561,498,000, to remain available until 

17 September 30, 2017: Provided, That of the funds included 

18 under this heading, $15,000,000 shall be for Environ19 mental Protection: National Priorities as specified in the 

20 report accompanying this Act: Provided further, That of 

21 the funds included under this heading, $432,493,000 shall 

22 be for Geographic Programs specified in the report accom23 panying this Act. 
72 

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1 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

2 FUND

3 For necessary expenses to carry out section 3024 of 

4 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ5 ing the development, operation, maintenance, and upgrad6 ing of the hazardous waste electronic manifest system es7 tablished by such section, $3,786,000, to remain available 

8 until September 30, 2018. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $41,489,000, to remain available 

13 until September 30, 2017. 

14 BUILDINGS AND FACILITIES

15 For construction, repair, improvement, extension, al16 teration, and purchase of fixed equipment or facilities of, 

17 or for use by, the Environmental Protection Agency, 

18 $42,317,000, to remain available until expended. 

19 HAZARDOUS SUBSTANCE SUPERFUND

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses to carry out the Comprehen22 sive Environmental Response, Compensation, and Liabil23 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

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

25 $1,106,809,000, to remain available until expended, con-
73 

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1 sisting of such sums as are available in the Trust Fund 

2 on September 30, 2015, as authorized by section 517(a) 

3 of the Superfund Amendments and Reauthorization Act 

4 of 1986 (SARA) and up to $1,106,809,000 as a payment 

5 from general revenues to the Hazardous Substance Super6 fund for purposes as authorized by section 517(b) of 

7 SARA: Provided, That funds appropriated under this 

8 heading may be allocated to other Federal agencies in ac9 cordance with section 111(a) of CERCLA: Provided fur10 ther, That of the funds appropriated under this heading, 

11 $8,459,000 shall be paid to the ‘‘Office of Inspector Gen12 eral’’ appropriation to remain available until September 

13 30, 2017, and $16,217,000 shall be paid to the ‘‘Science 

14 and Technology’’ appropriation to remain available until 

15 September 30, 2017. 

16 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

17 PROGRAM

18 For necessary expenses to carry out leaking under19 ground storage tank cleanup activities authorized by sub20 title I of the Solid Waste Disposal Act, $91,485,000, to 

21 remain available until expended, of which $66,116,000 

22 shall be for carrying out leaking underground storage tank 

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

24 Solid Waste Disposal Act; $25,369,000 shall be for car25 rying out the other provisions of the Solid Waste Disposal 
74 

•S 1645 PCS

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

2 Code: Provided, That the Administrator is authorized to 

3 use appropriations made available under this heading to 

4 implement section 9013 of the Solid Waste Disposal Act 

5 to provide financial assistance to federally recognized In6 dian tribes for the development and implementation of 

7 programs to manage underground storage tanks. 

8 INLAND OIL SPILL PROGRAMS

9 For expenses necessary to carry out the Environ10 mental Protection Agency’s responsibilities under the Oil 

11 Pollution Act of 1990, $18,078,000, to be derived from 

12 the Oil Spill Liability trust fund, to remain available until 

13 expended. 

14 STATE AND TRIBAL ASSISTANCE GRANTS

15 For environmental programs and infrastructure as16 sistance, including capitalization grants for State revolv17 ing funds and performance partnership grants, 

18 $3,027,937,000, to remain available until expended, of 

19 which— 

20 (1) $1,047,000,000 shall be for making capital21 ization grants for the Clean Water State Revolving 

22 Funds under title VI of the Federal Water Pollution 

23 Control Act; and of which $775,896,000 shall be for 

24 making capitalization grants for the Drinking Water 

25 State Revolving Funds under section 1452 of the 
75 

•S 1645 PCS

1 Safe Drinking Water Act: Provided, That, for fiscal 

2 year 2016, to the extent there are sufficient eligible 

3 project applications and projects are consistent with 

4 State Intended Use Plans, not less than 10 percent 

5 of the funds made available under this title to each 

6 State for Clean Water State Revolving Fund capital7 ization grants shall be used by the State for projects 

8 to address green infrastructure, water or energy effi9 ciency improvements, or other environmentally inno10 vative activities: Provided further, That, for fiscal 

11 year 2016, funds made available under this title to 

12 each State for Drinking Water State Revolving 

13 Fund capitalization grants may, at the discretion of 

14 each State, be used for projects to address green in15 frastructure, water or energy efficiency improve16 ments, or other environmentally innovative activities: 

17 Provided further, That, notwithstanding section 

18 603(d)(7) of the Federal Water Pollution Control 

19 Act, the limitation on the amounts in a State water 

20 pollution control revolving fund that may be used by 

21 a State to administer the fund shall not apply to 

22 amounts included as principal in loans made by such 

23 fund in fiscal year 2016 and prior years where such 

24 amounts represent costs of administering the fund 

25 to the extent that such amounts are or were deemed 
76 

•S 1645 PCS

1 reasonable by the Administrator, accounted for sepa2 rately from other assets in the fund, and used for 

3 eligible purposes of the fund, including administra4 tion: Provided further, That, for fiscal year 2016, 

5 notwithstanding the provisions of sections 201(h) 

6 and (l) of the Federal Water Pollution Control Act, 

7 grants under Title II of the Federal Water Pollution 

8 Control Act for American Samoa, Guam, the Com9 monwealth of the Northern Marianas, the United 

10 States Virgin Islands, and the District of Columbia 

11 may also be made for the purpose of providing as12 sistance: (1) solely for facility plans, design activi13 ties, or plans, specifications, and estimates for any 

14 proposed project for the construction of treatment 

15 works; and (2) for the construction, repair, or re16 placement of privately owned treatment works serv17 ing one or more principal residences or small com18 mercial establishments: Provided further, That, for 

19 fiscal year 2016, notwithstanding the provisions of 

20 sections 201(h) and (l) and section 518 of the Fed21 eral Water Pollution Control Act, funds reserved by 

22 the Administrator for grants under section 518(c) of 

23 the Federal Water Pollution Control Act may also be 

24 used for grants to provide assistance: (1) solely for 

25 facility plans, design activities, or plans, specifica-
77 

•S 1645 PCS

1 tions, and estimates for any proposed project for the 

2 construction of treatment works; and (2) for the 

3 construction, repair, or replacement of privately 

4 owned treatment works serving one or more prin5 cipal residences or small commercial establishments: 

6 Provided further, That, for fiscal year 2016, notwith7 standing the limitation on amounts in section 518(c) 

8 of the Federal Water Pollution Control Act and sec9 tion 1452(i) of the Safe Drinking Water Act, up to 

10 a total of 2 percent of the funds appropriated under 

11 the Federal Water Pollution Control Act or 

12 $30,000,000, whichever is greater, and up to a total 

13 of 2 percent of the funds appropriated under the 

14 Safe Drinking Water Act, or $20,000,000, whichever 

15 is greater for State Revolving Funds under such 

16 Acts may be reserved by the Administrator for 

17 grants under section 518(c) and section 1452(i) of 

18 such Acts: Provided further, That, for fiscal year 

19 2016, notwithstanding the amounts specified in sec20 tion 205(c) of the Federal Water Pollution Control 

21 Act, up to 1.5 percent of the aggregate funds appro22 priated for the Clean Water State Revolving Fund 

23 program under the Act less any sums reserved under 

24 section 518(c) of the Act, may be reserved by the 

25 Administrator for grants made under title II of the 
78 

•S 1645 PCS

1 Clean Water Act for American Samoa, Guam, the 

2 Commonwealth of the Northern Marianas, and 

3 United States Virgin Islands: Provided further, That, 

4 for fiscal year 2016, notwithstanding the limitations 

5 on amounts specified in section 1452(j) of the Safe 

6 Drinking Water Act, up to 1.5 percent of the funds 

7 appropriated for the Drinking Water State Revolv8 ing Fund programs under the Safe Drinking Water 

9 Act may be reserved by the Administrator for grants 

10 made under section 1452(j) of the Safe Drinking 

11 Water Act: Provided further, That no less than 10 

12 percent but not more than 20 percent of the funds 

13 made available under this title to each State for 

14 Clean Water State Revolving Fund capitalization 

15 grants and not less than 20 percent but not more 

16 than 30 percent of the funds made available under 

17 this title to each State for Drinking Water State Re18 volving Fund capitalization grants shall be used by 

19 the State to provide additional subsidy to eligible re20 cipients in the form of forgiveness of principal, nega21 tive interest loans, or grants (or any combination of 

22 these), and shall be so used by the State only where 

23 such funds are provided as initial financing for an 

24 eligible recipient or to buy, refinance, or restructure 

25 the debt obligations of eligible recipients only where 
79 

•S 1645 PCS

1 such debt was incurred on or after the date of enact2 ment of this Act; 

3 (2) $10,000,000 shall be for architectural, engi4 neering, planning, design, construction and related 

5 activities in connection with the construction of high 

6 priority water and wastewater facilities in the area 

7 of the United States-Mexico Border, after consulta8 tion with the appropriate border commission; Pro9 vided, That no funds provided by this appropriations 

10 Act to address the water, wastewater and other crit11 ical infrastructure needs of the colonias in the 

12 United States along the United States-Mexico bor13 der shall be made available to a county or municipal 

14 government unless that government has established 

15 an enforceable local ordinance, or other zoning rule, 

16 which prevents in that jurisdiction the development 

17 or construction of any additional colonia areas, or 

18 the development within an existing colonia the con19 struction of any new home, business, or other struc20 ture which lacks water, wastewater, or other nec21 essary infrastructure; 

22 (3) $20,000,000 shall be for grants to the State 

23 of Alaska to address drinking water and wastewater 

24 infrastructure needs of rural and Alaska Native Vil25 lages: Provided, That, of these funds: (A) the State 
80 

•S 1645 PCS

1 of Alaska shall provide a match of 25 percent; (B) 

2 no more than 5 percent of the funds may be used 

3 for administrative and overhead expenses; and (C) 

4 the State of Alaska shall make awards consistent 

5 with the Statewide priority list established in con6 junction with the Agency and the U.S. Department 

7 of Agriculture for all water, sewer, waste disposal, 

8 and similar projects carried out by the State of Alas9 ka that are funded under section 221 of the Federal 

10 Water Pollution Control Act (33 U.S.C. 1301) or 

11 the Consolidated Farm and Rural Development Act 

12 (7 U.S.C. 1921 et seq.) which shall allocate not less 

13 than 25 percent of the funds provided for projects 

14 in regional hub communities; 

15 (4) $80,000,000 shall be to carry out section 

16 104(k) of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 

18 (CERCLA), including grants, interagency agree19 ments, and associated program support costs: Pro20 vided, That not more than 25 percent of the amount 

21 appropriated to carry out section 104(k) of 

22 CERCLA shall be used for site characterization, as23 sessment, and remediation of facilities described in 

24 section 101(39)(D)(ii)(II) of CERCLA; 
81 

•S 1645 PCS

1 (5) $20,000,000 shall be for grants under title 

2 VII, subtitle G of the Energy Policy Act of 2005; 

3 (6) $15,000,000 shall be for targeted airshed 

4 grants in accordance with the terms and conditions 

5 of the report accompanying this Act; and 

6 (7) $1,060,041,000 shall be for grants, includ7 ing associated program support costs, to States, fed8 erally recognized tribes, interstate agencies, tribal 

9 consortia, and air pollution control agencies for 

10 multi-media or single media pollution prevention, 

11 control and abatement and related activities, includ12 ing activities pursuant to the provisions set forth 

13 under this heading in Public Law 104–134, and for 

14 making grants under section 103 of the Clean Air 

15 Act for particulate matter monitoring and data col16 lection activities subject to terms and conditions 

17 specified by the Administrator, of which: 

18 $47,745,000 shall be for carrying out section 128 of 

19 CERCLA; $9,646,000 shall be for Environmental 

20 Information Exchange Network grants, including as21 sociated program support costs; $1,498,000 shall be 

22 for grants to States under section 2007(f)(2) of the 

23 Solid Waste Disposal Act, which shall be in addition 

24 to funds appropriated under the heading ‘‘Leaking 

25 Underground Storage Tank Trust Fund Program’’ 
82 

•S 1645 PCS

1 to carry out the provisions of the Solid Waste Dis2 posal Act specified in section 9508(c) of the Internal 

3 Revenue Code other than section 9003(h) of the 

4 Solid Waste Disposal Act; $17,848,000 of the funds 

5 available for grants under section 106 of the Federal 

6 Water Pollution Control Act shall be for State par7 ticipation in national- and State-level statistical sur8 veys of water resources and enhancements to State 

9 monitoring programs: Provided, That, for fiscal year 

10 2016 and hereafter, notwithstanding other applica11 ble provisions of law, the funds appropriated for the 

12 Indian Environmental General Assistance Program 

13 shall be available to federally recognized tribes for 

14 solid waste and recovered materials collection, trans15 portation, backhaul, and disposal services. 

16 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

17 PROTECTION AGENCY

18 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

19 For fiscal year 2016, notwithstanding 31 U.S.C. 

20 6303(1) and 6305(1), the Administrator of the Environ21 mental Protection Agency, in carrying out the Agency’s 

22 function to implement directly Federal environmental pro23 grams required or authorized by law in the absence of an 

24 acceptable tribal program, may award cooperative agree25 ments to federally recognized Indian tribes or Intertribal 
83 

•S 1645 PCS

1 consortia, if authorized by their member tribes, to assist 

2 the Administrator in implementing Federal environmental 

3 programs for Indian tribes required or authorized by law, 

4 except that no such cooperative agreements may be award5 ed from funds designated for State financial assistance 

6 agreements. 

7 The Administrator of the Environmental Protection 

8 Agency is authorized to collect and obligate pesticide reg9 istration service fees in accordance with section 33 of the 

10 Federal Insecticide, Fungicide, and Rodenticide Act, as 

11 amended by Public Law 112–177, the Pesticide Registra12 tion Improvement Extension Act of 2012. 

13 Notwithstanding section 33(d)(2) of the Federal In14 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

15 U.S.C. 136w–8(d)(2)), the Administrator of the Environ16 mental Protection Agency may assess fees under section 

17 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2016. 

18 The Administrator is authorized to transfer up to 

19 $300,000,000 of the funds appropriated for the Great 

20 Lakes Restoration Initiative under the heading ‘‘Environ21 mental Programs and Management’’ to the head of any 

22 Federal department or agency, with the concurrence of 

23 such head, to carry out activities that would support the 

24 Great Lakes Restoration Initiative and Great Lakes 

25 Water Quality Agreement programs, projects, or activities; 
84 

•S 1645 PCS

1 to enter into an interagency agreement with the head of 

2 such Federal department or agency to carry out these ac3 tivities; and to make grants to governmental entities, non4 profit organizations, institutions, and individuals for plan5 ning, research, monitoring, outreach, and implementation 

6 in furtherance of the Great Lakes Restoration Initiative 

7 and the Great Lakes Water Quality Agreement. 

8 The Science and Technology, Environmental Pro9 grams and Management, Office of Inspector General, Haz10 ardous Substance Superfund, and Leaking Underground 

11 Storage Tank Trust Fund Program Accounts, are avail12 able for the construction, alteration, repair, rehabilitation, 

13 and renovation of facilities provided that the cost does not 

14 exceed $150,000 per project. 

15 The Administrator of the Environmental Protection 

16 Agency shall base agency policies and actions regarding 

17 air emission from forest biomass including, but not limited 

18 to, air emissions from facilities that combust forest bio19 mass for energy, on the principle that forest biomass emis20 sion do not increase overall carbon dioxide accumulations 

21 in the atmosphere when USDA Forest Inventory and 

22 Analysis data show that forest carbon stocks in the U.S. 

23 are stable or increasing on a national scale, or when forest 

24 biomass is derived from mill residuals, harvest residuals 

25 or forest management activities. Such policies and actions 
85 

•S 1645 PCS

1 shall not pre-empt existing authorities of States to deter2 mine how to utilize biomass as a renewable energy source 

3 and shall not inhibit States’ authority to apply the same 

4 policies to forest biomass as other renewable fuels in im5 plementing Federal law. 

6 For fiscal year 2016, and notwithstanding section 

7 518(f) of the Water Pollution Control Act, the Adminis8 trator is authorized to use the amounts appropriated for 

9 any fiscal year under Section 319 of the Act to make 

10 grants to federally recognized Indian tribes pursuant to 

11 sections 319(h) and 518(e) of that Act. 

12 The Administrator is authorized to use the amounts 

13 appropriated under the heading ‘‘Environmental Pro14 grams and Management’’ for fiscal year 2016 to provide 

15 grants to implement the Southeastern New England Wa16 tershed Restoration Program. 

17 TITLE III 

18 RELATED AGENCIES 

19 DEPARTMENT OF AGRICULTURE 

20 FOREST SERVICE

21 FOREST AND RANGELAND RESEARCH

22 For necessary expenses of forest and rangeland re23 search as authorized by law, $291,904,000, to remain 

24 available until expended: Provided, That, of the funds pro-
86 

•S 1645 PCS

1 vided, $80,000,000 is for the forest inventory and analysis 

2 program. 

3 STATE AND PRIVATE FORESTRY

4 For necessary expenses of cooperating with and pro5 viding technical and financial assistance to States, terri6 tories, possessions, and others, and for forest health man7 agement, including treatments of pests, pathogens, and 

8 invasive or noxious plants and for restoring and rehabili9 tating forests damaged by pests or invasive plants, cooper10 ative forestry, and education and land conservation activi11 ties and conducting an international program as author12 ized, $226,655,000, to remain available until expended, as 

13 authorized by law; of which $59,800,000 is to be derived 

14 from the Land and Water Conservation Fund. 

15 NATIONAL FOREST SYSTEM

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of the Forest Service, not 

18 otherwise provided for, for management, protection, im19 provement, and utilization of the National Forest System, 

20 $1,516,764,000, to remain available until expended: Pro21 vided, That, of the funds provided, $40,000,000 shall be 

22 deposited in the Collaborative Forest Landscape Restora23 tion Fund for ecological restoration treatments as author24 ized by 16 U.S.C. 7303(f): Provided further, That, of the 

25 funds provided, $359,805,000 shall be for forest products: 
87 

•S 1645 PCS

1 Provided further, That, of the funds provided, up to 

2 $81,941,000 is for the Integrated Resource Restoration 

3 pilot program for Region 1, Region 3 and Region 4: Pro4 vided further, That, of the funds provided for forest prod5 ucts, up to $65,560,000 may be transferred to support 

6 the Integrated Resource Restoration pilot program in the 

7 preceding proviso: Provided further, That the Secretary of 

8 Agriculture may transfer to the Secretary of the Interior 

9 any unobligated funds appropriated in a previous fiscal 

10 year for operation of the Valles Caldera National Preserve. 

11 CAPITAL IMPROVEMENT AND MAINTENANCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Forest Service, not 

14 otherwise provided for, $358,164,000, to remain available 

15 until expended, for construction, capital improvement, 

16 maintenance and acquisition of buildings and other facili17 ties and infrastructure; and for construction, reconstruc18 tion, decommissioning of roads that are no longer needed, 

19 including unauthorized roads that are not part of the 

20 transportation system, and maintenance of forest roads 

21 and trails by the Forest Service as authorized by 16 

22 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 

23 That $25,000,000 shall be designated for urgently needed 

24 road decommissioning, road and trail repair and mainte25 nance and associated activities, and removal of fish pas-
88 

•S 1645 PCS

1 sage barriers, especially in areas where Forest Service 

2 roads may be contributing to water quality problems in 

3 streams and water bodies which support threatened, en4 dangered, or sensitive species or community water sources: 

5 Provided further, That funds becoming available in fiscal 

6 year 2016 under the Act of March 4, 1913 (16 U.S.C. 

7 501) shall be transferred to the General Fund of the 

8 Treasury and shall not be available for transfer or obliga9 tion for any other purpose unless the funds are appro10 priated: Provided further, That, of the funds provided for 

11 decommissioning of roads, up to $14,743,000 may be 

12 transferred to the ‘‘National Forest System’’ to support 

13 the Integrated Resource Restoration pilot program. 

14 LAND ACQUISITION

15 For expenses necessary to carry out the provisions 

16 of the Land and Water Conservation Fund Act of 1965, 

17 (16 U.S.C. 460l–4 et seq.), including administrative ex18 penses, and for acquisition of land or waters, or interest 

19 therein, in accordance with statutory authority applicable 

20 to the Forest Service, $38,440,000, to be derived from the 

21 Land and Water Conservation Fund and to remain avail22 able until expended. 
89 

•S 1645 PCS

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, as authorized by law, $950,000, to be 

8 derived from forest receipts. 

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, such sums, to be derived 

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities, and for authorized expenditures from funds de14 posited by non-Federal parties pursuant to Land Sale and 

15 Exchange Acts, pursuant to the Act of December 4, 1967, 

16 (16 U.S.C. 484a), to remain available until expended (16 

17 U.S.C. 460l–516–617a, 555a; Public Law 96–586; Public 

18 Law 76–589, 76–591; and Public Law 78–310). 

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 percent of all moneys re22 ceived during the prior fiscal year, as fees for grazing do23 mestic livestock on lands in National Forests in the 16 

24 Western States, pursuant to section 401(b)(1) of Public 

25 Law 94–579, to remain available until expended, of which 
90 

•S 1645 PCS

1 not to exceed 6 percent shall be available for administra2 tive expenses associated with on-the-ground range reha3 bilitation, protection, and improvements. 

4 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

5 RANGELAND RESEARCH

6 For expenses authorized by 16 U.S.C. 1643(b), 

7 $45,000, to remain available until expended, to be derived 

8 from the fund established pursuant to the above Act. 

9 MANAGEMENT OF NATIONAL FOREST LANDS FOR

10 SUBSISTENCE USES

11 For necessary expenses of the Forest Service to man12 age Federal lands in Alaska for subsistence uses under 

13 title VIII of the Alaska National Interest Lands Conserva14 tion Act (Public Law 96–487), $2,500,000, to remain 

15 available until expended. 

16 WILDLAND FIRE MANAGEMENT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for forest fire presuppression 

19 activities on National Forest System lands, for emergency 

20 fire suppression on or adjacent to such lands or other 

21 lands under fire protection agreement, hazardous fuels 

22 management on or adjacent to such lands, emergency re23 habilitation of burned-over National Forest System lands 

24 and water, and for State and volunteer fire assistance, 

25 $2,701,341,000, to remain available until expended: Pro-
91 

•S 1645 PCS

1 vided, That such funds including unobligated balances 

2 under this heading, are available for repayment of ad3 vances from other appropriations accounts previously 

4 transferred for such purposes: Provided further, That such 

5 funds shall be available to reimburse State and other co6 operating entities for services provided in response to wild7 fire and other emergencies or disasters to the extent such 

8 reimbursements by the Forest Service for non-fire emer9 gencies are fully repaid by the responsible emergency man10 agement agency: Provided further, That, notwithstanding 

11 any other provision of law, $6,914,000 of funds appro12 priated under this appropriation shall be available for the 

13 Forest Service in support of fire science research author14 ized by the Joint Fire Science Program, including all For15 est Service authorities for the use of funds, such as con16 tracts, grants, research joint venture agreements, and co17 operative agreements: 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: Provided further, That funds provided 

23 shall be available for emergency rehabilitation and restora24 tion, hazardous fuels management activities, support to 

25 Federal emergency response, and wildfire suppression ac-
92 

•S 1645 PCS

1 tivities of the Forest Service: Provided further, That, of 

2 the funds provided, $375,000,000 is for hazardous fuels 

3 management activities, $19,795,000 is for research activi4 ties and to make competitive research grants pursuant to 

5 the Forest and Rangeland Renewable Resources Research 

6 Act, (16 U.S.C. 1641 et seq.), $78,012,000 is for State 

7 fire assistance, and $13,000,000 is for volunteer fire as8 sistance under section 10 of the Cooperative Forestry As9 sistance Act of 1978 (16 U.S.C. 2106): Provided further, 

10 That amounts in this paragraph may be transferred to 

11 the ‘‘National Forest System’’, and ‘‘Forest and Range12 land Research’’ accounts to fund forest and rangeland re13 search, the Joint Fire Science Program, vegetation and 

14 watershed management, heritage site rehabilitation, and 

15 wildlife and fish habitat management and restoration: Pro16 vided further, That the costs of implementing any coopera17 tive agreement between the Federal Government and any 

18 non-Federal entity may be shared, as mutually agreed on 

19 by the affected parties: Provided further, That up to 

20 $15,000,000 of the funds provided herein may be used by 

21 the Secretary of Agriculture to enter into procurement 

22 contracts or cooperative agreements or to issue grants for 

23 hazardous fuels management activities and for training or 

24 monitoring associated with such hazardous fuels manage25 ment activities on Federal land or on non-Federal land 
93 

•S 1645 PCS

1 if the Secretary determines such activities benefit re2 sources on Federal land: Provided further, That funds 

3 made available to implement the Community Forest Res4 toration Act, Public Law 106–393, title VI, shall be avail5 able for use on non-Federal lands in accordance with au6 thorities made available to the Forest Service under the 

7 ‘‘State and Private Forestry’’ appropriation: Provided fur8 ther, That the Secretary of the Interior and the Secretary 

9 of Agriculture may authorize the transfer of funds appro10 priated for wildland fire management, in an aggregate 

11 amount not to exceed $50,000,000, between the Depart12 ments when such transfers would facilitate and expedite 

13 wildland fire management programs and projects: Pro14 vided further, That, of the funds provided for hazardous 

15 fuels management, not to exceed $15,000,000 may be 

16 used to make grants, using any authorities available to 

17 the Forest Service under the ‘‘State and Private Forestry’’ 

18 appropriation, for the purpose of creating incentives for 

19 increased use of biomass from National Forest System 

20 lands: Provided further, That funds designated for wildfire 

21 suppression shall be assessed for cost pools on the same 

22 basis as such assessments are calculated against other 

23 agency programs: Provided further, That, of the funds for 

24 hazardous fuels management, up to $24,000,000 may be 
94 

•S 1645 PCS

1 transferred to the ‘‘National Forest System’’ to support 

2 the Integrated Resource Restoration pilot program. 

3 For an additional amount, $854,578,000 for wildfire 

4 suppression operations to meet the emergency and unpre5 dictable aspects of wildland firefighting including support, 

6 response, and emergency stabilization activities, other 

7 emergency management activities, and funds necessary to 

8 repay any transfers needed for these costs, to remain 

9 available until expended: Provided, That such funds are 

10 also available for transfer to other appropriations accounts 

11 to repay amounts previously transferred for wildfire sup12 pression: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

17 (INCLUDING TRANSFERS OF FUNDS)

18 Appropriations to the Forest Service for the current 

19 fiscal year shall be available for: (1) purchase of passenger 

20 motor vehicles; acquisition of passenger motor vehicles 

21 from excess sources, and hire of such vehicles; purchase, 

22 lease, operation, maintenance, and acquisition of aircraft 

23 to maintain the operable fleet for use in Forest Service 

24 wildland fire programs and other Forest Service programs; 

25 notwithstanding other provisions of law, existing aircraft 
95 

•S 1645 PCS

1 being replaced may be sold, with proceeds derived or 

2 trade-in value used to offset the purchase price for the 

3 replacement aircraft; (2) services pursuant to 7 U.S.C. 

4 2225, and not to exceed $100,000 for employment under 

5 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

6 buildings and other public improvements (7 U.S.C. 2250); 

7 (4) acquisition of land, waters, and interests therein pur8 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

9 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

10 558a, 558d, and 558a note); (6) the cost of uniforms as 

11 authorized by 5 U.S.C. 5901–5902; and (7) for debt col12 lection contracts in accordance with 31 U.S.C. 3718(c). 

13 Any appropriations or funds available to the Forest 

14 Service may be transferred to the Wildland Fire Manage15 ment appropriation for forest firefighting, emergency re16 habilitation of burned-over or damaged lands or waters 

17 under its jurisdiction, and fire preparedness due to severe 

18 burning conditions upon the Secretary’s notification of the 

19 House and Senate Committees on Appropriations that all 

20 fire suppression funds appropriated under the heading 

21 ‘‘Wildland Fire Management’’ will be obligated within 30 

22 days: Provided, That all funds used pursuant to this para23 graph must be replenished by a supplemental appropria24 tion which must be requested as promptly as possible. 
96 

•S 1645 PCS

1 Funds appropriated to the Forest Service shall be 

2 available for assistance to or through the Agency for Inter3 national Development in connection with forest and range4 land research, technical information, and assistance in for5 eign countries, and shall be available to support forestry 

6 and related natural resource activities outside the United 

7 States and its territories and possessions, including tech8 nical assistance, education and training, and cooperation 

9 with U.S., private, and international organizations. The 

10 Forest Service, acting for the International Program, may 

11 sign direct funding agreements with foreign governments 

12 and institutions as well as other domestic agencies (includ13 ing the U.S. Agency for International Development, the 

14 Department of State, and the Millennium Challenge Cor15 poration), U.S. private sector firms, institutions and orga16 nizations to provide technical assistance and training pro17 grams overseas on forestry and rangeland management. 

18 Funds appropriated to the Forest Service shall be 

19 available for expenditure or transfer to the Department 

20 of the Interior, Bureau of Land Management, for removal, 

21 preparation, and adoption of excess wild horses and burros 

22 from National Forest System lands, and for the perform23 ance of cadastral surveys to designate the boundaries of 

24 such lands. 
97 

•S 1645 PCS

1 None of the funds made available to the Forest Serv2 ice in this Act or any other Act with respect to any fiscal 

3 year shall be subject to transfer under the provisions of 

4 section 702(b) of the Department of Agriculture Organic 

5 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

6 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

7 Law 107–107 (7 U.S.C. 8316(b)). 

8 None of the funds available to the Forest Service may 

9 be reprogrammed without the advance approval of the 

10 House and Senate Committees on Appropriations in ac11 cordance with the reprogramming procedures contained in 

12 the explanatory statement accompanying this Act. 

13 Not more than $82,000,000 of funds available to the 

14 Forest Service shall be transferred to the Working Capital 

15 Fund of the Department of Agriculture and not more than 

16 $14,500,000 of funds available to the Forest Service shall 

17 be transferred to the Department of Agriculture for De18 partment Reimbursable Programs, commonly referred to 

19 as Greenbook charges. Nothing in this paragraph shall 

20 prohibit or limit the use of reimbursable agreements re21 quested by the Forest Service in order to obtain services 

22 from the Department of Agriculture’s National Informa23 tion Technology Center. Nothing in this paragraph shall 

24 limit the Forest Service portion of implementation costs 
98 

•S 1645 PCS

1 to be paid to the Department of Agriculture for the Inter2 national Technology Service. 

3 Of the funds available to the Forest Service, up to 

4 $5,000,000 shall be available for priority projects within 

5 the scope of the approved budget, which shall be carried 

6 out by the Youth Conservation Corps and shall be carried 

7 out under the authority of the Public Lands Corps Act 

8 of 1993, Public Law 103–82, as amended by Public Lands 

9 Corps Healthy Forests Restoration Act of 2005, Public 

10 Law 109–154. 

11 Of the funds available to the Forest Service, $4,000 

12 is available to the Chief of the Forest Service for official 

13 reception and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public 

15 Law 101–593, of the funds available to the Forest Service, 

16 up to $3,000,000 may be advanced in a lump sum to the 

17 National Forest Foundation to aid conservation partner18 ship projects in support of the Forest Service mission, 

19 without regard to when the Foundation incurs expenses, 

20 for projects on or benefitting National Forest System 

21 lands or related to Forest Service programs: Provided, 

22 That, of the Federal funds made available to the Founda23 tion, no more than $300,000 shall be available for admin24 istrative expenses: Provided further, That the Foundation 

25 shall obtain, by the end of the period of Federal financial 
99 

•S 1645 PCS

1 assistance, private contributions to match on at least one2 for-one basis funds made available by the Forest Service: 

3 Provided further, That the Foundation may transfer Fed4 eral funds to a Federal or a non-Federal recipient for a 

5 project at the same rate that the recipient has obtained 

6 the non-Federal matching funds. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 up to $3,000,000 of the funds available to the Forest 

9 Service may be advanced to the National Fish and Wildlife 

10 Foundation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 
100 

•S 1645 PCS

1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older Americans Act of 1965 (42 

7 U.S.C. 3056(c)(2)). 

8 Funds available to the Forest Service, not to exceed 

9 $65,000,000, shall be assessed for the purpose of per10 forming fire, administrative and other facilities mainte11 nance and decommissioning. Such assessments shall occur 

12 using a square foot rate charged on the same basis the 

13 agency uses to assess programs for payment of rent, utili14 ties, and other support services. 

15 Notwithstanding any other provision of law, any ap16 propriations or funds available to the Forest Service not 

17 to exceed $500,000 may be used to reimburse the Office 

18 of the General Counsel (OGC), Department of Agri19 culture, for travel and related expenses incurred as a re20 sult of OGC assistance or participation requested by the 

21 Forest Service at meetings, training sessions, management 

22 reviews, land purchase negotiations and similar nonlitiga23 tion-related matters. Future budget justifications for both 

24 the Forest Service and the Department of Agriculture 
101 

•S 1645 PCS

1 should clearly display the sums previously transferred and 

2 the requested funding transfers. 

3 An eligible individual who is employed in any project 

4 funded under title V of the Older Americans Act of 1965 

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for 

7 purposes of chapter 171 of title 28, United States Code. 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 INDIAN HEALTH SERVICE

11 INDIAN HEALTH SERVICES

12 For expenses necessary to carry out the Act of Au13 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina14 tion and Education Assistance Act, the Indian Health 

15 Care Improvement Act, and titles II and III of the Public 

16 Health Service Act with respect to the Indian Health Serv17 ice, $3,539,523,000, together with payments received dur18 ing the fiscal year pursuant to 42 U.S.C. 238(b) and 

19 238b, for services furnished by the Indian Health Service: 

20 Provided, That funds made available to tribes and tribal 

21 organizations through contracts, grant agreements, or any 

22 other agreements or compacts authorized by the Indian 

23 Self-Determination and Education Assistance Act of 1975 

24 (25 U.S.C. 450), shall be deemed to be obligated at the 

25 time of the grant or contract award and thereafter shall 
102 

•S 1645 PCS

1 remain available to the tribe or tribal organization without 

2 fiscal year limitation: Provided further, That, 

3 $915,347,000 for Purchased/Referred Care, including 

4 $51,500,000 for the Indian Catastrophic Health Emer5 gency Fund, shall remain available until expended: Pro6 vided further, That, of the funds provided, up to 

7 $36,000,000 shall remain available until expended for im8 plementation of the loan repayment program under section 

9 108 of the Indian Health Care Improvement Act: Provided 

10 further, That, of the funds provided, $2,000,000 shall be 

11 for operational shortfalls at health clinics previously au12 thorized under the ‘‘Administrative Provisions, Indian 

13 Health Service’’ heading. Provided further, That the 

14 amounts collected by the Federal Government as author15 ized by sections 104 and 108 of the Indian Health Care 

16 Improvement Act (25 U.S.C. 1613a and 1616a) during 

17 the preceding fiscal year for breach of contracts shall be 

18 deposited to the Fund authorized by section 108A of the 

19 Act (25 U.S.C. 1616a–1) and shall remain available until 

20 expended and, notwithstanding section 108A(c) of the Act 

21 (25 U.S.C. 1616a–1(c)), funds shall be available to make 

22 new awards under the loan repayment and scholarship 

23 programs under sections 104 and 108 of the Act (25 

24 U.S.C. 1613a and 1616a): Provided further, That, not25 withstanding any other provision of law, the amounts 
103 

•S 1645 PCS

1 made available within this account for the methamphet2 amine and suicide prevention and treatment initiative, and 

3 for the domestic violence prevention initiative, and to im4 prove collections from public and private insurance at In5 dian Health Service and tribally operated facilities shall 

6 be allocated at the discretion of the Director of the Indian 

7 Health Service and shall remain available until expended: 

8 Provided further, That funds provided in this Act may be 

9 used for annual contracts and grants that fall within 2 

10 fiscal years, provided the total obligation is recorded in 

11 the year the funds are appropriated: Provided further, 

12 That the amounts collected by the Secretary of Health and 

13 Human Services under the authority of title IV of the In14 dian Health Care Improvement Act shall remain available 

15 until expended for the purpose of achieving compliance 

16 with the applicable conditions and requirements of titles 

17 XVIII and XIX of the Social Security Act, except for those 

18 related to the planning, design, or construction of new fa19 cilities: Provided further, That funding contained herein 

20 for scholarship programs under the Indian Health Care 

21 Improvement Act (25 U.S.C. 1613) shall remain available 

22 until expended: Provided further, That amounts received 

23 by tribes and tribal organizations under title IV of the In24 dian Health Care Improvement Act shall be reported and 

25 accounted for and available to the receiving tribes and 
104 

•S 1645 PCS

1 tribal organizations until expended: Provided further, That 

2 the Bureau of Indian Affairs may collect from the Indian 

3 Health Service, tribes and tribal organizations operating 

4 health facilities pursuant to Public Law 93–638, such in5 dividually identifiable health information relating to dis6 abled children as may be necessary for the purpose of car7 rying out its functions under the Individuals with Disabil8 ities Education Act (20 U.S.C. 1400, et seq.): Provided 

9 further, That the Indian Health Care Improvement Fund 

10 may be used, as needed, to carry out activities typically 

11 funded under the Indian Health Facilities account. 

12 CONTRACT SUPPORT COSTS

13 For payments to tribes and tribal organizations for 

14 contract support costs associated with Indian Self-Deter15 mination and Education Assistance Act agreements with 

16 the Indian Health Service for fiscal year 2016, such sums 

17 as may be necessary: Provided, That amounts obligated 

18 but not expended by a tribe or tribal organization for con19 tract support costs for such agreements for the current 

20 fiscal year shall be applied to contract support costs other21 wise due for such agreements for subsequent fiscal years: 

22 Provided further, That, notwithstanding any other provi23 sion of law, no amounts made available under this heading 

24 shall be available for transfer to another budget account. 
105 

•S 1645 PCS

1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement, 

3 and equipment of health and related auxiliary facilities, 

4 including quarters for personnel; preparation of plans, 

5 specifications, and drawings; acquisition of sites, purchase 

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of 

9 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out 

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities 

14 support activities of the Indian Health Service, 

15 $521,818,000, to remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 funds appropriated for the planning, design, construction, 

18 renovation or expansion of health facilities for the benefit 

19 of an Indian tribe or tribes may be used to purchase land 

20 on which such facilities will be located: Provided further, 

21 That not to exceed $500,000 may be used by the Indian 

22 Health Service to purchase TRANSAM equipment from 

23 the Department of Defense for distribution to the Indian 

24 Health Service and tribal facilities: Provided further, That 

25 none of the funds appropriated to the Indian Health Serv-
106 

•S 1645 PCS

1 ice may be used for sanitation facilities construction for 

2 new homes funded with grants by the housing programs 

3 of the United States Department of Housing and Urban 

4 Development: Provided further, That not to exceed 

5 $2,700,000 from this account and the ‘‘Indian Health 

6 Services’’ account may be used by the Indian Health Serv7 ice to obtain ambulances for the Indian Health Service 

8 and tribal facilities in conjunction with an existing inter9 agency agreement between the Indian Health Service and 

10 the General Services Administration: Provided further, 

11 That not to exceed $500,000 may be placed in a Demoli12 tion Fund, to remain available until expended, and be used 

13 by the Indian Health Service for the demolition of Federal 

14 buildings. 

15 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

16 Appropriations provided in this Act to the Indian 

17 Health Service shall be available for services as authorized 

18 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

19 equivalent to the maximum rate payable for senior-level 

20 positions under 5 U.S.C. 5376; hire of passenger motor 

21 vehicles and aircraft; purchase of medical equipment; pur22 chase of reprints; purchase, renovation and erection of 

23 modular buildings and renovation of existing facilities; 

24 payments for telephone service in private residences in the 

25 field, when authorized under regulations approved by the 
107 

•S 1645 PCS

1 Secretary; uniforms or allowances therefor as authorized 

2 by 5 U.S.C. 5901–5902; and for expenses of attendance 

3 at meetings that relate to the functions or activities of the 

4 Indian Health Service: Provided, That, in accordance with 

5 the provisions of the Indian Health Care Improvement 

6 Act, non-Indian patients may be extended health care at 

7 all tribally administered or Indian Health Service facili8 ties, subject to charges, and the proceeds along with funds 

9 recovered under the Federal Medical Care Recovery Act 

10 (42 U.S.C. 2651–2653) shall be credited to the account 

11 of the facility providing the service and shall be available 

12 without fiscal year limitation: Provided further, That, not13 withstanding any other law or regulation, funds trans14 ferred from the Department of Housing and Urban Devel15 opment to the Indian Health Service shall be administered 

16 under Public Law 86–121, the Indian Sanitation Facilities 

17 Act and Public Law 93–638: Provided further, That funds 

18 appropriated to the Indian Health Service in this Act, ex19 cept those used for administrative and program direction 

20 purposes, shall not be subject to limitations directed at 

21 curtailing Federal travel and transportation: Provided fur22 ther, That none of the funds made available to the Indian 

23 Health Service in this Act shall be used for any assess24 ments or charges by the Department of Health and 

25 Human Services unless identified in the budget justifica-
108 

•S 1645 PCS

1 tion and provided in this Act, or approved by the House 

2 and Senate Committees on Appropriations through the re3 programming process: Provided further, That, notwith4 standing any other provision of law, funds previously or 

5 herein made available to a tribe or tribal organization 

6 through a contract, grant, or agreement authorized by 

7 title I or title V of the Indian Self-Determination and 

8 Education Assistance Act of 1975 (25 U.S.C. 450), may 

9 be deobligated and reobligated to a self-determination con10 tract under title I, or a self-governance agreement under 

11 title V of such Act and thereafter shall remain available 

12 to the tribe or tribal organization without fiscal year limi13 tation: Provided further, That none of the funds made 

14 available to the Indian Health Service in this Act shall 

15 be used to implement the final rule published in the Fed16 eral Register on September 16, 1987, by the Department 

17 of Health and Human Services, relating to the eligibility 

18 for the health care services of the Indian Health Service 

19 until the Indian Health Service has submitted a budget 

20 request reflecting the increased costs associated with the 

21 proposed final rule, and such request has been included 

22 in an appropriations Act and enacted into law: Provided 

23 further, That, with respect to functions transferred by the 

24 Indian Health Service to tribes or tribal organizations, the 

25 Indian Health Service is authorized to provide goods and 
109 

•S 1645 PCS

1 services to those entities on a reimbursable basis, includ2 ing payments in advance with subsequent adjustment, and 

3 the reimbursements received therefrom, along with the 

4 funds received from those entities pursuant to the Indian 

5 Self-Determination Act, may be credited to the same or 

6 subsequent appropriation account from which the funds 

7 were originally derived, with such amounts to remain 

8 available until expended: Provided further, That reim9 bursements for training, technical assistance, or services 

10 provided by the Indian Health Service will contain total 

11 costs, including direct, administrative, and overhead asso12 ciated with the provision of goods, services, or technical 

13 assistance: Provided further, That the appropriation struc14 ture for the Indian Health Service may not be altered 

15 without advance notification to the House and Senate 

16 Committees on Appropriations. 

17 NATIONAL INSTITUTES OF HEALTH

18 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

19 SCIENCES

20 For necessary expenses for the National Institute of 

21 Environmental Health Sciences in carrying out activities 

22 set forth in section 311(a) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 
110 

•S 1645 PCS

1 Superfund Amendments and Reauthorization Act of 1986, 

2 $77,349,000. 

3 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

4 REGISTRY

5 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

6 HEALTH

7 For necessary expenses for the Agency for Toxic Sub8 stances and Disease Registry (ATSDR) in carrying out 

9 activities set forth in sections 104(i) and 111(c)(4) of the 

10 Comprehensive Environmental Response, Compensation, 

11 and Liability Act of 1980 (CERCLA) and section 3019 

12 of the Solid Waste Disposal Act, $74,691,000, of which 

13 up to $1,000 per eligible employee of the Agency for Toxic 

14 Substances and Disease Registry shall remain available 

15 until expended for Individual Learning Accounts: Pro16 vided, That, notwithstanding any other provision of law, 

17 in lieu of performing a health assessment under section 

18 104(i)(6) of CERCLA, the Administrator of ATSDR may 

19 conduct other appropriate health studies, evaluations, or 

20 activities, including, without limitation, biomedical testing, 

21 clinical evaluations, medical monitoring, and referral to 

22 accredited healthcare providers: Provided further, That, in 

23 performing any such health assessment or health study, 

24 evaluation, or activity, the Administrator of ATSDR shall 

25 not be bound by the deadlines in section 104(i)(6)(A) of 
111 

•S 1645 PCS

1 CERCLA: Provided further, That none of the funds appro2 priated under this heading shall be available for ATSDR 

3 to issue in excess of 40 toxicological profiles pursuant to 

4 section 104(i) of CERCLA during fiscal year 2016, and 

5 existing profiles may be updated as necessary. 

6 OTHER RELATED AGENCIES 

7 EXECUTIVE OFFICE OF THE PRESIDENT

8 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

9 ENVIRONMENTAL QUALITY

10 For necessary expenses to continue functions as11 signed to the Council on Environmental Quality and Office 

12 of Environmental Quality pursuant to the National Envi13 ronmental Policy Act of 1969, the Environmental Quality 

14 Improvement Act of 1970, and Reorganization Plan No. 

15 1 of 1977, and not to exceed $750 for official reception 

16 and representation expenses, $3,000,000: Provided, That 

17 notwithstanding section 202 of the National Environ18 mental Policy Act of 1970, the Council shall consist of 

19 one member, appointed by the President, by and with the 

20 advice and consent of the Senate, serving as chairman and 

21 exercising all powers, functions, and duties of the Council. 

22 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses in carrying out activities pur25 suant to section 112(r)(6) of the Clean Air Act, including 
112 

•S 1645 PCS

1 hire of passenger vehicles, uniforms or allowances there2 for, as authorized by 5 U.S.C. 5901–5902, and for serv3 ices authorized by 5 U.S.C. 3109 but at rates for individ4 uals not to exceed the per diem equivalent to the maximum 

5 rate payable for senior level positions under 5 U.S.C. 

6 5376, $10,700,000: Provided, That the Chemical Safety 

7 and Hazard Investigation Board (Board) shall have not 

8 more than three career Senior Executive Service positions: 

9 Provided further, That, notwithstanding any other provi10 sion of law, the individual appointed to the position of In11 spector General of the Environmental Protection Agency 

12 (EPA) shall, by virtue of such appointment, also hold the 

13 position of Inspector General of the Board: Provided fur14 ther, That, notwithstanding any other provision of law, the 

15 Inspector General of the Board shall utilize personnel of 

16 the Office of Inspector General of EPA in performing the 

17 duties of the Inspector General of the Board, and shall 

18 not appoint any individuals to positions within the Board. 

19 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Navajo and 

23 Hopi Indian Relocation as authorized by Public Law 93– 

24 531, $7,341,000, to remain available until expended: Pro25 vided, That funds provided in this or any other appropria-
113 

•S 1645 PCS

1 tions Act are to be used to relocate eligible individuals and 

2 groups including evictees from District 6, Hopi-partitioned 

3 lands residents, those in significantly substandard hous4 ing, and all others certified as eligible and not included 

5 in the preceding categories: Provided further, That none 

6 of the funds contained in this or any other Act may be 

7 used by the Office of Navajo and Hopi Indian Relocation 

8 to evict any single Navajo or Navajo family who, as of 

9 November 30, 1985, was physically domiciled on the lands 

10 partitioned to the Hopi Tribe unless a new or replacement 

11 home is provided for such household: Provided further, 

12 That no relocatee will be provided with more than one new 

13 or replacement home: Provided further, That the Office 

14 shall relocate any certified eligible relocatees who have se15 lected and received an approved homesite on the Navajo 

16 reservation or selected a replacement residence off the 

17 Navajo reservation or on the land acquired pursuant to 

18 25 U.S.C. 640d–10: Provided further, That $200,000 shall 

19 be transferred to the Office of Inspector General of the 

20 Department of the Interior, to remain available until ex21 pended, for audits and investigations of the Office of Nav22 ajo and Hopi Indian Relocation, consistent with the In23 spector General Act of 1978 (5 U.S.C. App.). 
114 

•S 1645 PCS

1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and 

5 Alaska Native Culture and Arts Development, as author6 ized by title XV of Public Law 99–498 (20 U.S.C. 56 part 

7 A), $11,619,000, to remain available until September 30, 

8 2017. 

9 SMITHSONIAN INSTITUTION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Smithsonian Institu12 tion, as authorized by law, including research in the fields 

13 of art, science, and history; development, preservation, and 

14 documentation of the National Collections; presentation of 

15 public exhibits and performances; collection, preparation, 

16 dissemination, and exchange of information and publica17 tions; conduct of education, training, and museum assist18 ance programs; maintenance, alteration, operation, lease 

19 agreements of no more than 30 years, and protection of 

20 buildings, facilities, and approaches; not to exceed 

21 $100,000 for services as authorized by 5 U.S.C. 3109; and 

22 purchase, rental, repair, and cleaning of uniforms for em23 ployees, $689,566,000, to remain available until Sep24 tember 30, 2017, except as otherwise provided herein; of 

25 which not to exceed $48,387,000 for the instrumentation 
115 

•S 1645 PCS

1 program, collections acquisition, exhibition reinstallation, 

2 the National Museum of African American History and 

3 Culture, and the repatriation of skeletal remains program 

4 shall remain available until expended; and including such 

5 funds as may be necessary to support American overseas 

6 research centers: Provided, That funds appropriated here7 in are available for advance payments to independent con8 tractors performing research services or participating in 

9 official Smithsonian presentations. 

10 FACILITIES CAPITAL

11 For necessary expenses of repair, revitalization, and 

12 alteration of facilities owned or occupied by the Smithso13 nian Institution, by contract or otherwise, as authorized 

14 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

15 and for construction, including necessary personnel, 

16 $129,975,000, to remain available until expended, of 

17 which not to exceed $10,000 shall be for services as au18 thorized by 5 U.S.C. 3109. 

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gal22 lery of Art, the protection and care of the works of art 

23 therein, and administrative expenses incident thereto, as 

24 authorized by the Act of March 24, 1937 (50 Stat. 51), 

25 as amended by the public resolution of April 13, 1939 
116 

•S 1645 PCS

1 (Public Resolution 9, Seventy-sixth Congress), including 

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for 

4 membership in library, museum, and art associations or 

5 societies whose publications or services are available to 

6 members only, or to members at a price lower than to the 

7 general public; purchase, repair, and cleaning of uniforms 

8 for guards, and uniforms, or allowances therefor, for other 

9 employees as authorized by law (5 U.S.C. 5901–5902); 

10 purchase or rental of devices and services for protecting 

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches, 

13 and grounds; and purchase of services for restoration and 

14 repair of works of art for the National Gallery of Art by 

15 contracts made, without advertising, with individuals, 

16 firms, or organizations at such rates or prices and under 

17 such terms and conditions as the Gallery may deem prop18 er, $122,500,000, to remain available until September 30, 

19 2017, of which not to exceed $3,578,000 for the special 

20 exhibition program shall remain available until expended. 

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and 

23 renovation of buildings, grounds and facilities owned or 

24 occupied by the National Gallery of Art, by contract or 

25 otherwise, for operating lease agreements of no more than 
117 

•S 1645 PCS

1 10 years, with no extensions or renewals beyond the 10 

2 years, that address space needs created by the ongoing 

3 renovations in the Master Facilities Plan, as authorized, 

4 $16,000,000, to remain available until expended: Pro5 vided, That contracts awarded for environmental systems, 

6 protection systems, and exterior repair or renovation of 

7 buildings of the National Gallery of Art may be negotiated 

8 with selected contractors and awarded on the basis of con9 tractor qualifications as well as price. 

10 JOHN F. KENNEDY CENTER FOR THE PERFORMING

11 ARTS

12 OPERATIONS AND MAINTENANCE

13 For necessary expenses for the operation, mainte14 nance and security of the John F. Kennedy Center for 

15 the Performing Arts, $21,660,000. 

16 CAPITAL REPAIR AND RESTORATION

17 For necessary expenses for capital repair and restora18 tion of the existing features of the building and site of 

19 the John F. Kennedy Center for the Performing Arts, 

20 $11,140,000, to remain available until expended. 

21 WOODROW WILSON INTERNATIONAL CENTER FOR

22 SCHOLARS

23 SALARIES AND EXPENSES

24 For expenses necessary in carrying out the provisions 

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 
118 

•S 1645 PCS

1 1356) including hire of passenger vehicles and services as 

2 authorized by 5 U.S.C. 3109, $10,500,000, to remain 

3 available until September 30, 2017. 

4 NATIONAL FOUNDATION ON THE ARTS AND THE

5 HUMANITIES

6 NATIONAL ENDOWMENT FOR THE ARTS

7 GRANTS AND ADMINISTRATION

8 For necessary expenses to carry out the National 

9 Foundation on the Arts and the Humanities Act of 1965, 

10 $146,021,000 shall be available to the National Endow11 ment for the Arts for the support of projects and produc12 tions in the arts, including arts education and public out13 reach activities, through assistance to organizations and 

14 individuals pursuant to section 5 of the Act, for program 

15 support, and for administering the functions of the Act, 

16 to remain available until expended. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 $146,021,000 to remain available until expended, of which 

22 $135,121,000 shall be available for support of activities 

23 in the humanities, pursuant to section 7(c) of the Act and 

24 for administering the functions of the Act; and 

25 $10,900,000 shall be available to carry out the matching 
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1 grants program pursuant to section 10(a)(2) of the Act, 

2 including $8,500,000 for the purposes of section 7(h): 

3 Provided, That appropriations for carrying out section 

4 10(a)(2) shall be available for obligation only in such 

5 amounts as may be equal to the total amounts of gifts, 

6 bequests, devises of money, and other property accepted 

7 by the chairman or by grantees of the National Endow8 ment for the Humanities under the provisions of sections 

9 11(a)(2)(B) and 11(a)(3)(B) during the current and pre10 ceding fiscal years for which equal amounts have not pre11 viously been appropriated. 

12 ADMINISTRATIVE PROVISIONS

13 None of the funds appropriated to the National 

14 Foundation on the Arts and the Humanities may be used 

15 to process any grant or contract documents which do not 

16 include the text of 18 U.S.C. 1913: Provided, That none 

17 of the funds appropriated to the National Foundation on 

18 the Arts and the Humanities may be used for official re19 ception and representation expenses: Provided further, 

20 That funds from nonappropriated sources may be used as 

21 necessary for official reception and representation ex22 penses: Provided further, That the Chairperson of the Na23 tional Endowment for the Arts may approve grants of up 

24 to $10,000, if in the aggregate the amount of such grants 

25 does not exceed 5 percent of the sums appropriated for 
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1 grantmaking purposes per year: Provided further, That 

2 such small grant actions are taken pursuant to the terms 

3 of an expressed and direct delegation of authority from 

4 the National Council on the Arts to the Chairperson. 

5 COMMISSION OF FINE ARTS

6 SALARIES AND EXPENSES

7 For expenses of the Commission of Fine Arts under 

8 Chapter 91 of title 40, United States Code, $2,653,000: 

9 Provided, That the Commission is authorized to charge 

10 fees to cover the full costs of its publications, and such 

11 fees shall be credited to this account as an offsetting col12 lection, to remain available until expended without further 

13 appropriation: Provided further, That the Commission is 

14 authorized to accept gifts, including objects, papers, art15 work, drawings and artifacts, that pertain to the history 

16 and design of the Nation’s Capital or the history and ac17 tivities of the Commission of Fine Arts, for the purpose 

18 of artistic display, study or education. 

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956a), $2,000,000. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on 

25 Historic Preservation (Public Law 89–665), $6,080,000. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Capital Plan4 ning Commission under chapter 87 of title 40, United 

5 States Code, including services as authorized by 5 U.S.C. 

6 3109, $7,948,000: Provided, That one-quarter of 1 per7 cent of the funds provided under this heading may be used 

8 for official reception and representational expenses associ9 ated with hosting international visitors engaged in the 

10 planning and physical development of world capitals. 

11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

12 HOLOCAUST MEMORIAL MUSEUM

13 For expenses of the Holocaust Memorial Museum, as 

14 authorized by Public Law 106–292 (36 U.S.C. 2301– 

15 2310), $52,385,000, of which $865,000 shall remain 

16 available until September 30, 2018, for the Museum’s 

17 equipment replacement program; and of which $2,200,000 

18 for the Museum’s repair and rehabilitation program and 

19 $1,264,000 for the Museum’s outreach initiatives program 

20 shall remain available until expended. 

21 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses, including the costs of con24 struction design, of the Dwight D. Eisenhower Memorial 
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1 Commission, $1,000,000, to remain available until ex2 pended. 

3 TITLE IV 

4 GENERAL PROVISIONS 

5 (INCLUDING TRANSFERS OF FUNDS)

6 RESTRICTION ON USE OF FUNDS

7 SEC. 401. No part of any appropriation contained in 

8 this Act shall be available: 

9 (1) for any activity or the publication or dis10 tribution of literature that in any way tends to pro11 mote public support or opposition to any legislative 

12 proposal on which Congressional action is not com13 plete or other than to communicate to Members of 

14 Congress as described in 18 U.S.C. 1913; or, 

15 (2) for publicity or propaganda purposes for the 

16 preparation, distribution or use of any communica17 tion designed to support or defeat any proposed or 

18 pending regulation, administrative action, or order 

19 issued by an executive branch agency, except in 

20 presentation to the executive branch itself or to Con21 gress. 

22 OBLIGATION OF APPROPRIATIONS

23 SEC. 402. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 DISCLOSURE OF ADMINISTRATIVE EXPENSES

2 SEC. 403. The amount and basis of estimated over3 head charges, deductions, reserves or holdbacks, including 

4 working capital fund and cost pool charges, from pro5 grams, projects, activities and subactivities to support gov6 ernment-wide, departmental, agency, or bureau adminis7 trative functions or headquarters, regional, or central op8 erations shall be presented in annual budget justifications 

9 and subject to approval by the Committees on Appropria10 tions of the House of Representatives and the Senate. 

11 Changes to such estimates shall be presented to the Com12 mittees on Appropriations for approval. 

13 MINING APPLICATIONS

14 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

15 funds appropriated or otherwise made available pursuant 

16 to this Act shall be obligated or expended to accept or 

17 process applications for a patent for any mining or mill 

18 site claim located under the general mining laws. 

19 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

20 the Secretary of the Interior determines that, for the claim 

21 concerned (1) a patent application was filed with the Sec22 retary on or before September 30, 1994; and (2) all re23 quirements established under sections 2325 and 2326 of 

24 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

25 lode claims, sections 2329, 2330, 2331, and 2333 of the 
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1 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

2 claims, and section 2337 of the Revised Statutes (30 

3 U.S.C. 42) for mill site claims, as the case may be, were 

4 fully complied with by the applicant by that date. 

5 (c) REPORT.—On September 30, 2017, the Secretary 

6 of the Interior shall file with the House and Senate Com7 mittees on Appropriations and the Committee on Natural 

8 Resources of the House and the Committee on Energy and 

9 Natural Resources of the Senate a report on actions taken 

10 by the Department under the plan submitted pursuant to 

11 section 314(c) of the Department of the Interior and Re12 lated Agencies Appropriations Act, 1997 (Public Law 

13 104–208). 

14 (d) MINERAL EXAMINATIONS.—In order to process 

15 patent applications in a timely and responsible manner, 

16 upon the request of a patent applicant, the Secretary of 

17 the Interior shall allow the applicant to fund a qualified 

18 third-party contractor to be selected by the Director of the 

19 Bureau of Land Management to conduct a mineral exam20 ination of the mining claims or mill sites contained in a 

21 patent application as set forth in subsection (b). The Bu22 reau of Land Management shall have the sole responsi23 bility to choose and pay the third-party contractor in ac24 cordance with the standard procedures employed by the 
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1 Bureau of Land Management in the retention of third2 party contractors. 

3 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

4 SEC. 405. Sections 405 and 406 of division F of the 

5 Consolidated and Further Continuing Appropriations Act, 

6 2015 (Public Law 113–235) shall continue in effect in fis7 cal year 2016. 

8 CONTRACT SUPPORT COSTS, FISCAL YEAR 2016

9 LIMITATION

10 SEC. 406. Amounts provided by this Act for fiscal 

11 year 2016 under the headings ‘‘Department of Health and 

12 Human Services, Indian Health Service, Contract Support 

13 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

14 Affairs and Bureau of Indian Education, Contract Sup15 port Costs’’ are the only amounts available for contract 

16 support costs arising out of self-determination or self-gov17 ernance contracts, grants, compacts, or annual funding 

18 agreements for fiscal year 2016 with the Bureau of Indian 

19 Affairs or the Indian Health Service: Provided, That such 

20 amounts provided by this Act are not available for pay21 ment of claims for contract support costs for prior years, 

22 or for repayments of payments for settlements or judg23 ments awarding contract support costs for prior years. 
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1 FOREST MANAGEMENT PLANS

2 SEC. 407. The Secretary of Agriculture shall not be 

3 considered to be in violation of subparagraph 6(f)(5)(A) 

4 of the Forest and Rangeland Renewable Resources Plan5 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

6 more than 15 years have passed without revision of the 

7 plan for a unit of the National Forest System. Nothing 

8 in this section exempts the Secretary from any other re9 quirement of the Forest and Rangeland Renewable Re10 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

11 other law: Provided, That if the Secretary is not acting 

12 expeditiously and in good faith, within the funding avail13 able, to revise a plan for a unit of the National Forest 

14 System, this section shall be void with respect to such plan 

15 and a court of proper jurisdiction may order completion 

16 of the plan on an accelerated basis. 

17 PROHIBITION WITHIN NATIONAL MONUMENTS

18 SEC. 408. No funds provided in this Act may be ex19 pended to conduct preleasing, leasing and related activities 

20 under either the Mineral Leasing Act (30 U.S.C. 181 et 

21 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

22 1331 et seq.) within the boundaries of a National Monu23 ment established pursuant to the Act of June 8, 1906 (16 

24 U.S.C. 431 et seq.) as such boundary existed on January 

25 20, 2001, except where such activities are allowed under 
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1 the Presidential proclamation establishing such monu2 ment. 

3 LIMITATION ON TAKINGS

4 SEC. 409. Unless otherwise provided herein, no funds 

5 appropriated in this Act for the acquisition of lands or 

6 interests in lands may be expended for the filing of dec7 larations of taking or complaints in condemnation without 

8 the approval of the House and Senate Committees on Ap9 propriations: Provided, That this provision shall not apply 

10 to funds appropriated to implement the Everglades Na11 tional Park Protection and Expansion Act of 1989, or to 

12 funds appropriated for Federal assistance to the State of 

13 Florida to acquire lands for Everglades restoration pur14 poses. 

15 TIMBER SALE REQUIREMENTS

16 SEC. 410. No timber sale in Alaska’s Region 10 shall 

17 be advertised if the indicated rate is deficit (defined as 

18 the value of the timber is not sufficient to cover all logging 

19 and stumpage costs and provide a normal profit and risk 

20 allowance under the Forest Service’s appraisal process) 

21 when appraised using a residual value appraisal. The west22 ern red cedar timber from those sales which is surplus 

23 to the needs of the domestic processors in Alaska, shall 

24 be made available to domestic processors in the contiguous 

25 48 United States at prevailing domestic prices. All addi-
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1 tional western red cedar volume not sold to Alaska or con2 tiguous 48 United States domestic processors may be ex3 ported to foreign markets at the election of the timber sale 

4 holder. All Alaska yellow cedar may be sold at prevailing 

5 export prices at the election of the timber sale holder. 

6 PROHIBITION ON NO-BID CONTRACTS

7 SEC. 411. None of the funds appropriated or other8 wise made available by this Act to executive branch agen9 cies may be used to enter into any Federal contract unless 

10 such contract is entered into in accordance with the re11 quirements of Chapter 33 of title 41, United States Code, 

12 or Chapter 137 of title 10, United States Code, and the 

13 Federal Acquisition Regulation, unless— 

14 (1) Federal law specifically authorizes a con15 tract to be entered into without regard for these re16 quirements, including formula grants for States, or 

17 federally recognized Indian tribes; or 

18 (2) such contract is authorized by the Indian 

19 Self-Determination and Education and Assistance 

20 Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or 

21 by any other Federal laws that specifically authorize 

22 a contract within an Indian tribe as defined in sec23 tion 4(e) of that Act (25 U.S.C. 450b(e)); or 

24 (3) such contract was awarded prior to the date 

25 of enactment of this Act. 
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1 POSTING OF REPORTS

2 SEC. 412. (a) Any agency receiving funds made avail3 able in this Act, shall, subject to subsections (b) and (c), 

4 post on the public website of that agency any report re5 quired to be submitted by the Congress in this or any 

6 other Act, upon the determination by the head of the agen7 cy that it shall serve the national interest. 

8 (b) Subsection (a) shall not apply to a report if— 

9 (1) the public posting of the report com10 promises national security; or 

11 (2) the report contains proprietary information. 

12 (c) The head of the agency posting such report shall 

13 do so only after such report has been made available to 

14 the requesting Committee or Committees of Congress for 

15 no less than 45 days. 

16 NATIONAL ENDOWMENT FOR THE ARTS GRANT

17 GUIDELINES

18 SEC. 413. Of the funds provided to the National En19 dowment for the Arts— 

20 (1) The Chairperson shall only award a grant 

21 to an individual if such grant is awarded to such in22 dividual for a literature fellowship, National Herit23 age Fellowship, or American Jazz Masters Fellow24 ship. 
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1 (2) The Chairperson shall establish procedures 

2 to ensure that no funding provided through a grant, 

3 except a grant made to a State or local arts agency, 

4 or regional group, may be used to make a grant to 

5 any other organization or individual to conduct ac6 tivity independent of the direct grant recipient. 

7 Nothing in this subsection shall prohibit payments 

8 made in exchange for goods and services. 

9 (3) No grant shall be used for seasonal support 

10 to a group, unless the application is specific to the 

11 contents of the season, including identified programs 

12 and/or projects. 

13 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

14 PRIORITIES

15 SEC. 414. (a) In providing services or awarding fi16 nancial assistance under the National Foundation on the 

17 Arts and the Humanities Act of 1965 from funds appro18 priated under this Act, the Chairperson of the National 

19 Endowment for the Arts shall ensure that priority is given 

20 to providing services or awarding financial assistance for 

21 projects, productions, workshops, or programs that serve 

22 underserved populations. 

23 (b) In this section: 

24 (1) The term ‘‘underserved population’’ means 

25 a population of individuals, including urban minori-
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1 ties, who have historically been outside the purview 

2 of arts and humanities programs due to factors such 

3 as a high incidence of income below the poverty line 

4 or to geographic isolation. 

5 (2) The term ‘‘poverty line’’ means the poverty 

6 line (as defined by the Office of Management and 

7 Budget, and revised annually in accordance with sec8 tion 673(2) of the Community Services Block Grant 

9 Act (42 U.S.C. 9902(2))) applicable to a family of 

10 the size involved. 

11 (c) In providing services and awarding financial as12 sistance under the National Foundation on the Arts and 

13 Humanities Act of 1965 with funds appropriated by this 

14 Act, the Chairperson of the National Endowment for the 

15 Arts shall ensure that priority is given to providing serv16 ices or awarding financial assistance for projects, produc17 tions, workshops, or programs that will encourage public 

18 knowledge, education, understanding, and appreciation of 

19 the arts. 

20 (d) With funds appropriated by this Act to carry out 

21 section 5 of the National Foundation on the Arts and Hu22 manities Act of 1965— 

23 (1) the Chairperson shall establish a grant cat24 egory for projects, productions, workshops, or pro-
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1 grams that are of national impact or availability or 

2 are able to tour several States; 

3 (2) the Chairperson shall not make grants ex4 ceeding 15 percent, in the aggregate, of such funds 

5 to any single State, excluding grants made under the 

6 authority of paragraph (1); 

7 (3) the Chairperson shall report to the Con8 gress annually and by State, on grants awarded by 

9 the Chairperson in each grant category under sec10 tion 5 of such Act; and 

11 (4) the Chairperson shall encourage the use of 

12 grants to improve and support community-based 

13 music performance and education. 

14 STATUS OF BALANCES OF APPROPRIATIONS

15 SEC. 415. The Department of the Interior, the Envi16 ronmental Protection Agency, the Forest Service, and the 

17 Indian Health Service shall provide the Committees on 

18 Appropriations of the House of Representatives and Sen19 ate quarterly reports on the status of balances of appro20 priations including all uncommitted, committed, and unob21 ligated funds in each program and activity. 

22 REPORT ON USE OF CLIMATE CHANGE FUNDS

23 SEC. 416. Not later than 120 days after the date on 

24 which the President’s fiscal year 2017 budget request is 

25 submitted to the Congress, the President shall submit a 
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1 comprehensive report to the Committees on Appropria2 tions of the House of Representatives and the Senate de3 scribing in detail all Federal agency funding, domestic and 

4 international, for climate change programs, projects, and 

5 activities in fiscal years 2015 and 2016, including an ac6 counting of funding by agency with each agency identi7 fying climate change programs, projects, and activities 

8 and associated costs by line item as presented in the Presi9 dent’s Budget Appendix, and including citations and link10 ages where practicable to each strategic plan that is driv11 ing funding within each climate change program, project, 

12 and activity listed in the report. 

13 PROHIBITION ON FEDERAL IMPLEMENTATION PLANS

14 SEC. 417. None of the funds made available by this 

15 Act, or any other Act for any fiscal year, shall be used 

16 to develop, propose, finalize, implement, or enforce section 

17 111(d)(2) of the Clean Air Act (42 U.S.C. 7411(d)(2)) 

18 in the case of States that have failed to submit a satisfac19 tory plan to implement section 111(d)(1) of that Act (42 

20 U.S.C. 7411(d)(1)), in the case of any air pollutant being 

21 regulated as part of any proposed or final rule to address 

22 carbon dioxide emissions from existing sources that are 

23 fossil fuel-fired electric utility generating units under sec24 tion 111 of that Act (42 U.S.C. 7411), including any final 

25 rule that succeeds— 
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1 (1) the proposed rule entitled ‘‘Carbon Pollu2 tion Emission Guidelines for Existing Stationary 

3 Sources: Electric Utility Generating Units’’ (79 Fed. 

4 Reg. 34830 (June 18, 2014)); or 

5 (2) the supplemental proposed rule entitled 

6 ‘‘Carbon Pollution Emission Guidelines for Existing 

7 Stationary Sources: EGUs in Indian Country and 

8 U.S. Territories; Multi-Jurisdictional Partnerships’’ 

9 (79 Fed. Reg. 65482 (November 4, 2014)). 

10 PROHIBITION ON USE OF FUNDS

11 SEC. 418. Notwithstanding any other provision of 

12 law, none of the funds made available in this Act or any 

13 other Act may be used to promulgate or implement any 

14 regulation requiring the issuance of permits under title V 

15 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

16 dioxide, nitrous oxide, water vapor, or methane emissions 

17 resulting from biological processes associated with live18 stock production. 

19 GREENHOUSE GAS REPORTING RESTRICTIONS

20 SEC. 419. Notwithstanding any other provision of 

21 law, none of the funds made available in this or any other 

22 Act may be used to implement any provision in a rule, 

23 if that provision requires mandatory reporting of green24 house gas emissions from manure management systems. 
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1 RECREATION FEE

2 SEC. 420. Section 810 of the Federal Lands Recre3 ation Enhancement Act (16 U.S.C. 6809) is amended by 

4 striking ‘‘September 30, 2016’’ and inserting ‘‘September 

5 30, 2017’’. 

6 WATERS OF THE UNITED STATES

7 SEC. 421. None of the funds made available in this 

8 Act or any other Act for any fiscal year may be used to 

9 develop, adopt, implement, administer, or enforce any 

10 change to the regulations and guidance in effect on Octo11 ber 1, 2012, pertaining to the definition of waters under 

12 the jurisdiction of the Federal Water Pollution Control 

13 Act (33 U.S.C. Sec. 1251, et seq.), including the provi14 sions of the rules dated November 13, 1986 and August 

15 25, 1993, relating to said jurisdiction, and the guidance 

16 documents dated January 15, 2003 and December 2, 

17 2008, relating to said jurisdiction. 

18 MODIFICATION OF AUTHORITIES

19 SEC. 422. (a) Section 8162(m)(3) of the Department 

20 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 

21 note; Public Law 106–79) is amended by striking ‘‘Sep22 tember 30, 2015’’ and inserting ‘‘September 30, 2016’’. 

23 (b) For fiscal year 2016, the authority provided by 

24 the provisos under the heading ‘‘Dwight D. Eisenhower 
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1 Memorial Commission—Capital Construction’’ in division 

2 E of Public Law 112–74 shall not be in effect. 

3 USE OF AMERICAN IRON AND STEEL

4 SEC. 423. (a)(1) None of the funds made available 

5 by a State water pollution control revolving fund as au6 thorized by section 1452 of the Safe Drinking Water Act 

7 (42 U.S.C. 300j–12) shall be used for a project for the 

8 construction, alteration, maintenance, or repair of a public 

9 water system or treatment works unless all of the iron and 

10 steel products used in the project are produced in the 

11 United States. 

12 (2) In this section, the term ‘‘iron and steel’’ products 

13 means the following products made primarily of iron or 

14 steel: lined or unlined pipes and fittings, manhole covers 

15 and other municipal castings, hydrants, tanks, flanges, 

16 pipe clamps and restraints, valves, structural steel, rein17 forced precast concrete, and construction materials. 

18 (b) Subsection (a) shall not apply in any case or cat19 egory of cases in which the Administrator of the Environ20 mental Protection Agency (in this section referred to as 

21 the ‘‘Administrator’’) finds that— 

22 (1) applying subsection (a) would be incon23 sistent with the public interest; 
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1 (2) iron and steel products are not produced in 

2 the United States in sufficient and reasonably avail3 able quantities and of a satisfactory quality; or 

4 (3) inclusion of iron and steel products pro5 duced in the United States will increase the cost of 

6 the overall project by more than 25 percent. 

7 (c) If the Administrator receives a request for a waiv8 er under this section, the Administrator shall make avail9 able to the public on an informal basis a copy of the re10 quest and information available to the Administrator con11 cerning the request, and shall allow for informal public 

12 input on the request for at least 15 days prior to making 

13 a finding based on the request. The Administrator shall 

14 make the request and accompanying information available 

15 by electronic means, including on the official public Inter16 net Web site of the Environmental Protection Agency. 

17 (d) This section shall be applied in a manner con18 sistent with United States obligations under international 

19 agreements. 

20 (e) The Administrator may retain up to 0.25 percent 

21 of the funds appropriated in this Act for the Clean and 

22 Drinking Water State Revolving Funds for carrying out 

23 the provisions described in subsection (a)(1) for manage24 ment and oversight of the requirements of this section. 
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1 (f) This section does not apply with respect to a 

2 project if a State agency approves the engineering plans 

3 and specifications for the project, in that agency’s capacity 

4 to approve such plans and specifications prior to a project 

5 requesting bids, prior to the date of the enactment of this 

6 Act. 

7 NATIONAL AMBIENT AIR QUALITY STANDARD FUNDING

8 LIMITATION

9 SEC. 424. None of the funds made available by this 

10 Act, or any other Act for any fiscal year, shall be used 

11 to develop, adopt, implement, administer, or enforce a na12 tional primary or secondary ambient air quality standard 

13 for ozone that is lower than the standard established 

14 under section 50.15 of title 40, Code of Federal Regula15 tions (as in effect on January 1, 2015), until at least 85 

16 percent of the counties that, as of January 30, 2015, were 

17 in nonattainment areas under the standard established 

18 under section 50.15 of title 40, Code of Federal Regula19 tions (as in effect on January 1, 2015), achieve full com20 pliance with that standard. 

21 FUNDING PROHIBITION

22 SEC. 425. None of the funds made available by this 

23 or any other Act may be used to regulate the lead content 

24 of ammunition, ammunition components, or fishing tackle 
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1 under the Toxic Substances Control Act (15 U.S.C. 2601 

2 et seq.) or any other law. 

3 CONTRACTING AUTHORITIES

4 SEC. 426. Section 412 of Division E of Public Law 

5 112–74 is amended by striking ‘‘fiscal year 2015,’’ and 

6 inserting ‘‘fiscal year 2017,’’. 

7 CHESAPEAKE BAY INITIATIVE

8 SEC. 427. Section 502(c) of the Chesapeake Bay Ini9 tiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 

10 note) is amended by striking ‘‘2015’’ and inserting 

11 ‘‘2017’’. 

12 PROHIBITION OF SEWAGE DUMPING INTO THE GREAT

13 LAKES

14 SEC. 428. (a) Section 402 of the Federal Water Pol15 lution Control Act (33 U.S.C. 1342) is amended by adding 

16 at the end the following: 

17 ‘‘(s) PROHIBITION ON SEWAGE DUMPING INTO THE

18 GREAT LAKES.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) BYPASS.—The term ‘bypass’ means 

21 an intentional diversion of waste streams to by22 pass any portion of a treatment facility which 

23 results in a discharge into the Great Lakes. 

24 ‘‘(B) DISCHARGE.— 
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1 ‘‘(i) IN GENERAL.—The term ‘dis2 charge’ means a direct or indirect dis3 charge of untreated sewage or partially 

4 treated sewage from a treatment works 

5 into the Great Lakes or a tributary of the 

6 Great Lakes. 

7 ‘‘(ii) INCLUSIONS.—The term ‘dis8 charge’ includes a bypass and a combined 

9 sewer overflow. 

10 ‘‘(C) GREAT LAKES.—The term ‘Great 

11 Lakes’ has the meaning given the term in sec12 tion 118(a)(3). 

13 ‘‘(D) PARTIALLY TREATED SEWAGE.—The 

14 term ‘partially treated sewage’ means any sew15 age, sewage and storm water, or sewage and 

16 wastewater, from domestic or industrial sources 

17 that— 

18 ‘‘(i) is not treated to national sec19 ondary treatment standards for waste20 water; or 

21 ‘‘(ii) is treated to a level less than the 

22 level required by the applicable national 

23 pollutant discharge elimination system per24 mit. 
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1 ‘‘(E) TREATMENT FACILITY.—The term 

2 ‘treatment facility’ includes all wastewater 

3 treatment units used by a publicly owned treat4 ment works to meet secondary treatment stand5 ards or higher, as required to attain water qual6 ity standards, under any operating conditions. 

7 ‘‘(F) TREATMENT WORKS.—The term 

8 ‘treatment works’ has the meaning given the 

9 term in section 212. 

10 ‘‘(2) PROHIBITION.—A publicly owned treat11 ment works is prohibited from performing a bypass 

12 unless— 

13 ‘‘(A)(i) the bypass is unavoidable to pre14 vent loss of life, personal injury, or severe prop15 erty damage; 

16 ‘‘(ii) there is not a feasible alternative to 

17 the bypass, such as the use of auxiliary treat18 ment facilities, retention of untreated wastes, or 

19 maintenance during normal periods of equip20 ment downtime; and 

21 ‘‘(iii) the treatment works provides notice 

22 of the bypass in accordance with this sub23 section; or 

24 ‘‘(B) the bypass does not cause effluent 

25 limitations to be exceeded, and the bypass is for 
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1 essential maintenance to ensure efficient oper2 ation of the treatment facility. 

3 ‘‘(3) LIMITATION.—The requirement of para4 graph (2)(A)(ii) is not satisfied if— 

5 ‘‘(A) adequate back-up equipment should 

6 have been installed in the exercise of reasonable 

7 engineering judgment to prevent the bypass; 

8 and 

9 ‘‘(B) the bypass occurred during normal 

10 periods of equipment downtime or preventive 

11 maintenance. 

12 ‘‘(4) IMMEDIATE NOTICE REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall work with States having publicly owned 

15 treatment works subject to the requirements of 

16 this subsection to create immediate notice re17 quirements in the event of discharge that pro18 vide for the method, contents, and requirements 

19 for public availability of the notice. 

20 ‘‘(B) MINIMUM REQUIREMENTS.— 

21 ‘‘(i) IN GENERAL.—At a minimum, 

22 the contents of the notice shall include— 

23 ‘‘(I) the exact dates and times of 

24 the discharge; 
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1 ‘‘(II) the volume of the discharge; 

2 and 

3 ‘‘(III) a description of any public 

4 access areas impacted. 

5 ‘‘(ii) CONSISTENCY.—Minimum re6 quirements shall be consistent for all 

7 States. 

8 ‘‘(C) ADDITIONAL REQUIREMENTS.—The 

9 Administrator and States described in subpara10 graph (A) shall include— 

11 ‘‘(i) follow-up notice requirements 

12 that provide a more full description of each 

13 event, the cause, and plans to prevent reoc14 currence; and 

15 ‘‘(ii) annual publication requirements 

16 that list each treatment works from which 

17 the Administrator or the State receive a 

18 follow-up notice. 

19 ‘‘(D) TIMING.—The notice and publication 

20 requirements described in this paragraph shall 

21 be implemented not later than 2 years after the 

22 date of enactment of this subsection. 

23 ‘‘(5) SEWAGE BLENDING.—Bypasses prohibited 

24 by this section include bypasses resulting in dis25 charges from a publicly owned treatment works that 
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1 consist of effluent routed around treatment units 

2 and thereafter blended together with effluent from 

3 treatment units prior to discharge. 

4 ‘‘(6) IMPLEMENTATION.—As soon as prac5 ticable, the Administrator shall establish procedures 

6 to ensure that permits issued under this section (or 

7 under a State permit program approved under this 

8 section) to a publicly owned treatment works include 

9 requirements to implement this subsection. 

10 ‘‘(7) INCREASE IN MAXIMUM CIVIL PENALTY

11 FOR VIOLATIONS OCCURRING AFTER JANUARY 1, 

12 2035.—Notwithstanding section 309, in the case of a 

13 violation of this subsection occurring on or after 

14 January 1, 2035, or any violation of a permit limita15 tion or condition implementing this subsection occur16 ring after that date, the maximum civil penalty that 

17 shall be assessed for the violation shall be $100,000 

18 per day for each day the violation occurs. 

19 ‘‘(8) APPLICABILITY.—This subsection shall 

20 apply to a bypass occurring after the last day of the 

21 1-year period beginning on the date of enactment of 

22 this subsection.’’. 

23 (b) GREAT LAKES CLEANUP FUND.—(1) Title V of 

24 the Federal Water Pollution Control Act (33 U.S.C. 1361 

25 et seq.) is amended— 
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1 (A) by redesignating section 519 (33 U.S.C. 

2 1251 note) as section 520; and 

3 (B) by inserting after section 518 (33 U.S.C. 

4 1377) the following: 

5 ‘‘SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP 

6 FUND. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) FUND.—The term ‘Fund’ means the Great 

9 Lakes Cleanup Fund established by subsection (b). 

10 ‘‘(2) GREAT LAKES; GREAT LAKES STATES.— 

11 The terms ‘Great Lakes’ and ‘Great Lakes States’ 

12 have the meanings given the terms in section 

13 118(a)(3). 

14 ‘‘(b) ESTABLISHMENT OF FUND.—There is estab15 lished in the Treasury of the United States a trust fund 

16 to be known as the ‘Great Lakes Cleanup Fund’ (referred 

17 to in this section as the ‘Fund’). 

18 ‘‘(c) TRANSFERS TO FUND.—Effective January 1, 

19 2035, there are authorized to be appropriated to the Fund 

20 amounts equivalent to the penalties collected for violations 

21 of section 402(s). 

22 ‘‘(d) ADMINISTRATION OF FUND.—The Adminis23 trator shall administer the Fund. 

24 ‘‘(e) USE OF FUNDS.—The Administrator shall— 
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1 ‘‘(1) make the amounts in the Fund available 

2 to the Great Lakes States for use in carrying out 

3 programs and activities for improving wastewater 

4 discharges into the Great Lakes, including habitat 

5 protection and wetland restoration; and 

6 ‘‘(2) allocate those amounts among the Great 

7 Lakes States based on the proportion that— 

8 ‘‘(A) the amount attributable to a Great 

9 Lakes State for penalties collected for violations 

10 of section 402(s); bears to 

11 ‘‘(B) the total amount of those penalties 

12 attributable to all Great Lakes States. 

13 ‘‘(f) PRIORITY.—In selecting programs and activities 

14 to be funded using amounts made available under this sec15 tion, a Great Lakes State shall give priority consideration 

16 to programs and activities that address violations of sec17 tion 402(s) resulting in the collection of penalties.’’. 

18 (2) Section 607 of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1387) is amended— 

20 (A) by striking ‘‘There is’’ and inserting ‘‘(a) In 

21 General.—There is’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(b) TREATMENT OF GREAT LAKES CLEANUP

24 FUND.—For purposes of this title, amounts made avail25 able from the Great Lakes Cleanup Fund under section 
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1 519 shall be treated as funds authorized to be appro2 priated to carry out this title and as funds made available 

3 under this title, except that the funds shall be made avail4 able to the Great Lakes States in accordance with section 

5 519.’’. 

6 STEWARDSHIP CONTRACTING AMENDMENTS

7 SEC. 429. Section 604(d) of the Healthy Forest Res8 toration Act of 2003 (16 U.S.C. 6591), as amended by 

9 the Agricultural Act of 2014 (Public Law 113–79), is fur10 ther amended— 

11 (a) in paragraph (5), by adding at the end the fol12 lowing: ‘‘Notwithstanding the Materials Act of 1947 (30 

13 U.S.C. 602(a)), the Director may enter into an agreement 

14 or contract under subsection (b).’’; and 

15 (b) in paragraph (7), by striking ‘‘and the Director’’. 

16 EXTENSION OF GRAZING PERMITS

17 SEC. 430. The terms and conditions of section 325 

18 of Public Law 108–108 (117 Stat. 1307), regarding graz19 ing permits issued by the Forest Service on any lands not 

20 subject to administration under section 402 of Federal 

21 Lands Policy and Management Act (43 U.S.C. 1752), 

22 shall remain in effect for fiscal year 2016. 

23 FINANCIAL ASSURANCE

24 SEC. 431. None of the funds made available by this 

25 Act may be used to develop, propose, finalize, implement, 
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1 enforce, or administer any regulation that would establish 

2 new financial responsibility requirements pursuant to sec3 tion 108(b) of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9608(b)). 

6 NEPA GUIDANCE

7 SEC. 432. None of the funds made available in this 

8 Act may be used by any Federal agency to develop, adopt, 

9 implement, enforce, or administer guidance or regulations 

10 published in (1) 79 Fed. Reg. 77,802 dated December 24, 

11 2014; and (2) 79 Fed. Reg. 76,986, dated December 23, 

12 2014. 

13 GOOD NEIGHBOR AUTHORITY

14 SEC. 433. Section 8206(b)(2) of the Agricultural Act 

15 of 2014 (16 USC 2113a(b)(2)) is amended by adding at 

16 the end of the following: 

17 ‘‘(C) FOREST DEVELOPMENT ROADS.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

19 subsection (a)(3)(B), existing roads shall 

20 be repaired or reconstructed to a satisfac21 tory condition to perform authorized res22 toration services including removal of tim23 ber.’’. 
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1 TITLE V—WILDFIRE DISASTER 

2 FUNDING 

3 SEC. 501. WILDFIRE DISASTER FUNDING AUTHORITY. 

4 (a) DISASTER FUNDING.—Section 251(b)(2)(D) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985 (2 U.S.C. 901(b)(2)(D)) is amended— 

7 (1) in clause (i)— 

8 (A) in subclause (I), by striking ‘‘and’’ at 

9 the end and inserting ‘‘plus’’; 

10 (B) in subclause (II), by striking the pe11 riod at the end and inserting ‘‘; less’’; and 

12 (C) by adding the following: 

13 ‘‘(III) the additional new budget 

14 authority provided in an appropriation 

15 Act for wildfire suppression operations 

16 pursuant to subparagraph (E) for the 

17 preceding fiscal year.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(v) Beginning in fiscal year 2018, 

20 and for each fiscal year thereafter, the cal21 culation of the ‘average funding provided 

22 for disaster relief over the previous 10 

23 years’ shall include, for each year within 

24 that average, the additional new budget 

25 authority provided in an appropriation Act 
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1 for wildfire suppression operations pursu2 ant to subparagraph (E) for the preceding 

3 fiscal year.’’. 

4 (b) WILDFIRE SUPPRESSION.—Section 251(b)(2) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at 

7 the end the following: 

8 ‘‘(E) WILDFIRE SUPPRESSION.— 

9 ‘‘(i) DEFINITIONS.—In this subpara10 graph: 

11 ‘‘(I) ADDITIONAL NEW BUDGET

12 AUTHORITY.—The term ‘additional 

13 new budget authority’ means the 

14 amount provided for a fiscal year in 

15 an appropriation Act that is— 

16 ‘‘(aa) in excess of 100 per17 cent of the average costs for wild18 fire suppression operations over 

19 the previous 10 years; and 

20 ‘‘(bb) specified to pay for 

21 the costs of wildfire suppression 

22 operations. 

23 ‘‘(II) WILDFIRE SUPPRESSION

24 OPERATIONS.—The term ‘wildfire sup25 pression operations’ means the emer-
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1 gency and unpredictable aspects of 

2 wildland firefighting, including— 

3 ‘‘(aa) support, response, and 

4 emergency stabilization activities; 

5 ‘‘(bb) other emergency man6 agement activities; and 

7 ‘‘(cc) the funds necessary to 

8 repay any transfers needed for 

9 the costs of wildfire suppression 

10 operations. 

11 ‘‘(ii) ADDITIONAL NEW BUDGET AU12 THORITY.—If a bill or joint resolution 

13 making appropriations for a fiscal year is 

14 enacted that specifies an amount for wild15 fire suppression operations in the Wildland 

16 Fire Management accounts at the Depart17 ment of Agriculture or the Department of 

18 the Interior, then the adjustments for that 

19 fiscal year shall be the amount of addi20 tional new budget authority provided in 

21 that Act for wildfire suppression operations 

22 for that fiscal year, but shall not exceed— 

23 ‘‘(I) for fiscal year 2016, 

24 $1,460,000,000 in additional new 

25 budget authority; 
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1 ‘‘(II) for fiscal year 2017, 

2 $1,557,000,000 in additional new 

3 budget authority; 

4 ‘‘(III) for fiscal year 2018, 

5 $1,778,000,000 in additional new 

6 budget authority; 

7 ‘‘(IV) for fiscal year 2019, 

8 $2,030,000,000 in additional new 

9 budget authority; 

10 ‘‘(V) for fiscal year 2020, 

11 $2,319,000,000 in additional new 

12 budget authority; and 

13 ‘‘(VI) for fiscal year 2021, 

14 $2,650,000,000 in additional new 

15 budget authority. 

16 ‘‘(iii) AVERAGE COST CALCULATION.— 

17 The average costs for wildfire suppression 

18 operations over the previous 10 years shall 

19 be calculated annually and reported in the 

20 budget of the President submitted under 

21 section 1105(a) of title 31, United States 

22 Code, for each fiscal year.’’. 

23 SEC. 502. REPORTING REQUIREMENTS. 

24 (a) SUPPLEMENTAL APPROPRIATIONS.—If the Sec25 retary of the Interior or the Secretary of Agriculture de-
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1 termines that supplemental appropriations are necessary 

2 for a fiscal year for wildfire suppression operations, a re3 quest for the supplemental appropriations shall promptly 

4 be submitted to Congress. 

5 (b) NOTICE OF NEED FOR ADDITIONAL FUNDS.— 

6 Prior to the obligation of any of the additional new budget 

7 authority for wildfire suppression operations specified for 

8 purposes of section 251(b)(2)(E)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985 (2 

10 U.S.C. 901(b)(2)(E)(ii)), the Secretary of the Interior or 

11 the Secretary of Agriculture, as applicable, shall submit 

12 to the Committees on Appropriations and the Budget of 

13 the House of Representatives and the Committees on Ap14 propriations and the Budget of the Senate written notifi15 cation that describes— 

16 (1) that the amount for wildfire suppression op17 erations to meet the terms of section 251(b)(2)(E) 

18 of that Act for that fiscal year will be exhausted im19 minently; and 

20 (2) the need for additional new budget author21 ity for wildfire suppression operations. 

22 (c) ACCOUNTING, REPORTS AND ACCOUNTABILITY.— 

23 (1) ACCOUNTING AND REPORTING REQUIRE24 MENTS.—For each fiscal year, the Secretary of the 

25 Interior and the Secretary of Agriculture shall ac-
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1 count for and report on the amounts used from the 

2 additional new budget authority for wildfire suppres3 sion operations provided to the Secretary of the In4 terior or Secretary of Agriculture, as applicable, in 

5 an appropriations Act pursuant to section 

6 251(b)(2)(E)(ii) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985 (2 U.S.C. 

8 901(b)(2)(E)(ii)). 

9 (2) ANNUAL REPORT.— 

10 (A) IN GENERAL.—Not later than 180 

11 days after the end of the fiscal year for which 

12 additional new budget authority is used, pursu13 ant to section 251(b)(2)(E)(ii) of the Balanced 

14 Budget and Emergency Deficit Control Act of 

15 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary 

16 of the Interior or the Secretary of Agriculture, 

17 as applicable, shall— 

18 (i) prepare an annual report with re19 spect to the additional new budget author20 ity; 

21 (ii) submit to the Committees on Ap22 propriations, the Budget, and Natural Re23 sources of the House of Representatives 

24 and the Committees on Appropriations, the 

25 Budget, and Energy and Natural Re-
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1 sources of the Senate the annual report 

2 prepared under clause (i); and 

3 (iii) make the report prepared under 

4 clause (i) available to the public. 

5 (B) COMPONENTS.—The annual report 

6 prepared under subparagraph (A) shall— 

7 (i) document risk-based factors that 

8 influenced management decisions with re9 spect to wildfire suppression operations; 

10 (ii) analyze a statistically significant 

11 sample of large fires, including an analysis 

12 for each fire of— 

13 (I) cost drivers; 

14 (II) the effectiveness of risk man15 agement techniques and whether fire 

16 operations strategy tracked the risk 

17 assessment; 

18 (III) any resulting ecological or 

19 other benefits to the landscape; 

20 (IV) the impact of investments in 

21 wildfire suppression operations pre22 paredness; 

23 (V) effectiveness of wildfire sup24 pression operations, including an anal-
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1 ysis of resources lost versus dollars in2 vested; 

3 (VI) effectiveness of any fuel 

4 treatments on fire behavior and sup5 pression expenditures; 

6 (VII) suggested corrective ac7 tions; and 

8 (VIII) any other factors the Sec9 retary of the Interior or Secretary of 

10 Agriculture determines to be appro11 priate; 

12 (iii) include an accounting of overall 

13 fire management and spending by the De14 partment of the Interior or the Depart15 ment of Agriculture, which shall be ana16 lyzed by fire size, cost, regional location, 

17 and other factors; 

18 (iv) describe any lessons learned in 

19 the conduct of wildfire suppression oper20 ations; and 

21 (v) include any other elements that 

22 the Secretary of the Interior or the Sec23 retary of Agriculture determines to be nec24 essary. 
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1 This Act may be cited as the ‘‘Department of the In2 terior, Environment, and Related Agencies Appropriations 

3 Act, 2016’’. 
Calendar No. 126 

114TH CONGRESS 

1ST SESSION S. 1645 

[Report No. 114–70] 

A BILL 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2016, and Interior, environment, and related agencies for 

JUNE 23, 2015 

Read twice and placed on the calendar