II 

117TH CONGRESS 

1ST SESSION S. 3034 

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

related agencies for the fiscal year ending September 30, 2022, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2021 

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

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2022, 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, 2022, 

7 and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

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

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

11 of the Bureau of Land Management, including the general 

12 administration of the Bureau, and assessment of mineral 

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

14 Public Law 96–487 (16 U.S.C. 3150(a)), $1,400,876,000, 

15 to remain available until September 30, 2023; of which 

16 $78,724,000 for annual and deferred maintenance and 

17 $151,589,000 for the wild horse and burro program, as 

18 authorized by Public Law 92–195 (16 U.S.C. 1331 et 

19 seq.), shall remain available until expended: Provided, 

20 That amounts in the fee account of the BLM Permit Proc21 essing Improvement Fund may be used for any bureau22 related expenses associated with the processing of oil and 

23 gas applications for permits to drill and related use of au24 thorizations. 


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1 In addition, $39,696,000 is for Mining Law Adminis2 tration program operations, including the cost of admin3 istering the mining claim fee program, to remain available 

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

5 Bureau and credited to this appropriation from mining 

6 claim maintenance fees and location fees that are hereby 

7 authorized for fiscal year 2022, so as to result in a final 

8 appropriation estimated at not more than $1,400,876,000, 

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

10 communication site rental fees established by the Bureau 

11 for the cost of administering communication site activities. 

12 OREGON AND CALIFORNIA GRANT LANDS

13 For expenses necessary for management, protection, 

14 and development of resources and for construction, oper15 ation, and maintenance of access roads, reforestation, and 

16 other improvements on the revested Oregon and California 

17 Railroad grant lands, on other Federal lands in the Or18 egon and California land-grant counties of Oregon, and 

19 on adjacent rights-of-way; and acquisition of lands or in20 terests therein, including existing connecting roads on or 

21 adjacent to such grant lands; $128,471,000, to remain 

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

23 aggregate of all receipts during the current fiscal year 

24 from the revested Oregon and California Railroad grant 

25 lands is hereby made a charge against the Oregon and 


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

2 General Fund in the Treasury in accordance with the sec3 ond paragraph of subsection (b) of title II of the Act of 

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

5 RANGE IMPROVEMENTS

6 For rehabilitation, protection, and acquisition of 

7 lands and interests therein, and improvement of Federal 

8 rangelands pursuant to section 401 of the Federal Land 

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

10 notwithstanding any other Act, sums equal to 50 percent 

11 of all moneys received during the prior fiscal year under 

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

13 315b, 315m) and the amount designated for range im14 provements from grazing fees and mineral leasing receipts 

15 from Bankhead-Jones lands transferred to the Depart16 ment of the Interior pursuant to law, but not less than 

17 $10,000,000, to remain available until expended: Pro18 vided, That not to exceed $600,000 shall be available for 

19 administrative expenses. 

20 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

21 For administrative expenses and other costs related 

22 to processing application documents and other authoriza23 tions for use and disposal of public lands and resources, 

24 for costs of providing copies of official public land docu25 ments, for monitoring construction, operation, and termiVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 nation of facilities in conjunction with use authorizations, 

2 and for rehabilitation of damaged property, such amounts 

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

4 1701 et seq.), and under section 28 of the Mineral Leasing 

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

6 Provided, That notwithstanding any provision to the con7 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

8 1735(a)), any moneys that have been or will be received 

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

10 compromise, or settlement, if not appropriate for refund 

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

12 1735(c)), shall be available and may be expended under 

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

14 to improve, protect, or rehabilitate any public lands ad15 ministered through the Bureau of Land Management 

16 which have been damaged by the action of a resource de17 veloper, purchaser, permittee, or any unauthorized person, 

18 without regard to whether all moneys collected from each 

19 such action are used on the exact lands damaged which 

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

21 that are in excess of amounts needed to repair damage 

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

23 used to repair other damaged public lands. 


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1 MISCELLANEOUS TRUST FUNDS

2 In addition to amounts authorized to be expended 

3 under existing laws, there is hereby appropriated such 

4 amounts as may be contributed under section 307 of Pub5 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

6 may be advanced for administrative costs, surveys, ap7 praisals, and costs of making conveyances of omitted lands 

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

9 remain available until expended. 

10 ADMINISTRATIVE PROVISIONS

11 The Bureau of Land Management may carry out the 

12 operations funded under this Act by direct expenditure, 

13 contracts, grants, cooperative agreements, and reimburs14 able agreements with public and private entities, including 

15 with States. Appropriations for the Bureau shall be avail16 able for purchase, erection, and dismantlement of tem17 porary structures, and alteration and maintenance of nec18 essary buildings and appurtenant facilities to which the 

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

20 the discretion of the Secretary, for information or evidence 

21 concerning violations of laws administered by the Bureau; 

22 miscellaneous and emergency expenses of enforcement ac23 tivities authorized or approved by the Secretary and to be 

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

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


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1 Law 90–620 (44 U.S.C. 501), the Bureau may, under co2 operative cost-sharing and partnership arrangements au3 thorized by law, procure printing services from cooperators 

4 in connection with jointly produced publications for which 

5 the cooperators share the cost of printing either in cash 

6 or in services, and the Bureau determines the cooperator 

7 is capable of meeting accepted quality standards: Provided 

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

9 commitment by a State government to provide an identi10 fied amount of money in support of the project may be 

11 carried out by the Bureau on a reimbursable basis. 

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 RESOURCE MANAGEMENT

14 For necessary expenses of the United States Fish and 

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

16 and economic studies, general administration, and for the 

17 performance of other authorized functions related to such 

18 resources, $1,623,907,000, to remain available until Sep19 tember 30, 2023: Provided, That not to exceed 

20 $25,279,000 shall be used for implementing subsections 

21 (a), (b), (c), and (e) of section 4 of the Endangered Spe22 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

23 petitions, developing and issuing proposed and final regu24 lations, and taking any other steps to implement actions 

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


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1 (c)(2)(B)(ii)): Provided further, That of the amount appro2 priated under this heading, $6,813,000, to remain avail3 able until September 30, 2024, shall be for projects speci4 fied for Stewardship Priorities in the table that appears 

5 under the heading ‘‘Congressionally Directed Spending’’ 

6 in the explanatory statement accompanying this Act. 

7 CONSTRUCTION

8 For construction, improvement, acquisition, or re9 moval of buildings and other facilities required in the con10 servation, management, investigation, protection, and uti11 lization of fish and wildlife resources, and the acquisition 

12 of lands and interests therein; $29,620,000, to remain 

13 available until expended. 

14 COOPERATIVE ENDANGERED SPECIES CONSERVATION

15 FUND

16 For expenses necessary to carry out section 6 of the 

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

18 $23,702,000, to remain available until expended, to be de19 rived from the Cooperative Endangered Species Conserva20 tion Fund. 

21 NATIONAL WILDLIFE REFUGE FUND

22 For expenses necessary to implement the Act of Octo23 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 


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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions 

3 of the North American Wetlands Conservation Act (16 

4 U.S.C. 4401 et seq.), $50,000,000, to remain available 

5 until expended. 

6 NEOTROPICAL MIGRATORY BIRD CONSERVATION

7 For expenses necessary to carry out the Neotropical 

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

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

10 MULTINATIONAL SPECIES CONSERVATION FUND

11 For expenses necessary to carry out the African Ele12 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

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

14 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

15 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con16 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

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

18 et seq.), $20,500,000, to remain available until expended. 

19 STATE AND TRIBAL WILDLIFE GRANTS

20 For wildlife conservation grants to States and to the 

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

22 States Virgin Islands, the Northern Mariana Islands, 

23 American Samoa, and Indian tribes under the provisions 

24 of the Fish and Wildlife Act of 1956 and the Fish and 

25 Wildlife Coordination Act, for the development and impleVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 mentation of programs for the benefit of wildlife and their 

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

3 $80,362,000, to remain available until expended: Pro4 vided, That of the amount provided herein, $8,000,000 is 

5 for a competitive grant program for Indian tribes not sub6 ject to the remaining provisions of this appropriation: Pro7 vided further, That $9,112,000 is for a competitive grant 

8 program to implement approved plans for States, terri9 tories, and other jurisdictions and at the discretion of af10 fected States, the regional Associations of fish and wildlife 

11 agencies, not subject to the remaining provisions of this 

12 appropriation: Provided further, That the Secretary shall, 

13 after deducting $17,112,000 and administrative expenses, 

14 apportion the amount provided herein in the following 

15 manner: (1) to the District of Columbia and to the Com16 monwealth of Puerto Rico, each a sum equal to not more 

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

18 American Samoa, the United States Virgin Islands, and 

19 the Commonwealth of the Northern Mariana Islands, each 

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

21 thereof: Provided further, That the Secretary of the Inte22 rior shall apportion the remaining amount in the following 

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

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

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


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

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

3 further, That the amounts apportioned under this para4 graph shall be adjusted equitably so that no State shall 

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

6 amount available for apportionment under this paragraph 

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

8 Provided further, That the Federal share of planning 

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

10 such projects and the Federal share of implementation 

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

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

13 share of such projects may not be derived from Federal 

14 grant programs: Provided further, That any amount ap15 portioned in 2022 to any State, territory, or other jurisdic16 tion that remains unobligated as of September 30, 2023, 

17 shall be reapportioned, together with funds appropriated 

18 in 2024, in the manner provided herein. 

19 ADMINISTRATIVE PROVISIONS

20 The United States Fish and Wildlife Service may 

21 carry out the operations of Service programs by direct ex22 penditure, contracts, grants, cooperative agreements and 

23 reimbursable agreements with public and private entities. 

24 Appropriations and funds available to the United States 

25 Fish and Wildlife Service shall be available for repair of 


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1 damage to public roads within and adjacent to reservation 

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

3 purchase of land at not to exceed one dollar for each op4 tion; facilities incident to such public recreational uses on 

5 conservation areas as are consistent with their primary 

6 purpose; and the maintenance and improvement of aquar7 ia, buildings, and other facilities under the jurisdiction of 

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

9 which are used pursuant to law in connection with man10 agement, and investigation of fish and wildlife resources: 

11 Provided, That notwithstanding 44 U.S.C. 501, the Serv12 ice may, under cooperative cost sharing and partnership 

13 arrangements authorized by law, procure printing services 

14 from cooperators in connection with jointly produced pub15 lications for which the cooperators share at least one-half 

16 the cost of printing either in cash or services and the Serv17 ice determines the cooperator is capable of meeting accept18 ed quality standards: Provided further, That the Service 

19 may accept donated aircraft as replacements for existing 

20 aircraft: Provided further, That the Secretary may recover 

21 costs for response, assessment, and damages to National 

22 Wildlife Refuge System resources from the actions of pri23 vate parties, or for costs as otherwise provided by Federal, 

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

25 of the destruction, loss of, or injury to any living or nonVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 living National Wildlife Refuge System resource: Provided 

2 further, That the damages described in the preceding pro3 viso shall include the following: compensation for the cost 

4 of replacing, restoring or acquiring the equivalent of the 

5 damaged National Wildlife Refuge System resource; and 

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

7 Wildlife Refuge System resource pending its restoration, 

8 replacement or acquisition of an equivalent resource or the 

9 value of the National Wildlife Refuge System resource in 

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

11 equivalent acquired: Provided further, That any instru12 mentality, including but not limited to a vessel, vehicle, 

13 aircraft, or other equipment or mechanism that destroys, 

14 causes the loss of, or injures any living or non-living Na15 tional Wildlife Refuge System resource or which causes 

16 the Secretary to undertake actions to prevent, minimize, 

17 or abate destruction, loss of, injury, or risk to such re18 source shall be liable in rem to the United States for re19 sponse costs and damages resulting from such destruction, 

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

21 Provided further, That in addition to any other authority 

22 to accept donations, the Secretary may accept donations 

23 of money or services to meet expected, immediate, or ongo24 ing response costs and damages; response and assessment 

25 costs and damages recovered by the Secretary and donaVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 tions received under this provision shall be available to the 

2 Secretary, without further appropriation, and shall remain 

3 available until expended, for damage assessments con4 ducted, or for restoration and replacement of National 

5 Wildlife Refuge System resources, and shall be managed 

6 under the Natural Resource Damage Assessment and Res7 toration Fund as per 43 U.S.C. 1474b–1: Provided fur8 ther, That notwithstanding 31 U.S.C. 3302, all fees col9 lected for non-toxic shot review and approval shall be de10 posited under the heading ‘‘United States Fish and Wild11 life Service—Resource Management’’ and shall be avail12 able to the Secretary, without further appropriation, to be 

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

14 or coating applications and revising regulations as nec15 essary, and shall remain available until expended. 

16 NATIONAL PARK SERVICE

17 OPERATION OF THE NATIONAL PARK SYSTEM

18 For expenses necessary for the management, oper19 ation, and maintenance of areas and facilities adminis20 tered by the National Park Service and for the general 

21 administration of the National Park Service, 

22 $2,930,065,000, of which $11,452,000 for planning and 

23 interagency coordination in support of Everglades restora24 tion and $135,980,000 for maintenance, repair, or reha25 bilitation projects for constructed assets and 


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1 $188,184,000 for cyclic maintenance projects for con2 structed assets and cultural resources and $5,000,000 for 

3 uses authorized by section 101122 of title 54, United 

4 States Code shall remain available until September 30, 

5 2023: Provided, That funds appropriated under this head6 ing in this Act are available for the purposes of section 

7 5 of Public Law 95–348: Provided further, That notwith8 standing section 9 of the 400 Years of African-American 

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

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

11 this heading shall be made available for the purposes spec12 ified by that Act: Provided further, That sections (7)(b) 

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

14 1, 2022’’ and inserting ‘‘July 1, 2023’’. 

15 In addition, for purposes described in section 2404 

16 of Public Law 116–9, an amount equal to the amount de17 posited in this fiscal year into the National Park Medical 

18 Services Fund established pursuant to such section of 

19 such Act, to remain available until expended, shall be de20 rived from such Fund. 

21 NATIONAL RECREATION AND PRESERVATION

22 For expenses necessary to carry out recreation pro23 grams, natural programs, cultural programs, heritage 

24 partnership programs, environmental compliance and re25 view, international park affairs, and grant administration, 


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1 not otherwise provided for, $85,160,000, to remain avail2 able until September 30, 2023, of which $3,500,000 shall 

3 be for projects specified for Statutory and Contractual Aid 

4 in the table that appears under the heading ‘‘Congression5 ally Directed Spending’’ in the explanatory statement ac6 companying this Act. 

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the National 

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

10 54, United States Code), $180,072,000, to be derived 

11 from the Historic Preservation Fund and to remain avail12 able until September 30, 2023, of which $26,000,000 shall 

13 be for Save America’s Treasures grants for preservation 

14 of nationally significant sites, structures and artifacts as 

15 authorized by section 7303 of the Omnibus Public Land 

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

17 That an individual Save America’s Treasures grant shall 

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

19 individual projects shall only be eligible for one grant: Pro20 vided further, That all projects to be funded shall be ap21 proved by the Secretary of the Interior in consultation 

22 with the House and Senate Committees on Appropria23 tions: Provided further, That of the funds provided for the 

24 Historic Preservation Fund, $1,000,000 is for competitive 

25 grants for the survey and nomination of properties to the 


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1 National Register of Historic Places and as National His2 toric Landmarks associated with communities currently 

3 under-represented, as determined by the Secretary; 

4 $26,625,000 is for competitive grants to preserve the sites 

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

6 for grants to Historically Black Colleges and Universities; 

7 $10,000,000 is for competitive grants for the restoration 

8 of historic properties of national, State, and local signifi9 cance listed on or eligible for inclusion on the National 

10 Register of Historic Places, to be made without imposing 

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

12 (54 U.S.C. 302904) of the National Historical Preserva13 tion Act; $10,000,000 is for a competitive grant program 

14 to honor the semiquincentennial anniversary of the United 

15 States by restoring and preserving state-owned sites and 

16 structures listed on the National Register of Historic 

17 Places that commemorate the founding of the nation; and 

18 $15,772,000 is for projects specified for the Historic Pres19 ervation Fund in the table that appears under the heading 

20 ‘‘Congressionally Directed Spending’’ in the explanatory 

21 statement accompanying this Act: Provided further, That 

22 such competitive grants shall be made without imposing 

23 the matching requirements in section 302902(b)(3) of title 

24 54, United States Code to States and Indian tribes as de25 fined in chapter 3003 of such title, Native Hawaiian orgaVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 nizations, local governments, including Certified Local 

2 Governments, and non-profit organizations. 

3 CONSTRUCTION

4 For construction, improvements, repair, or replace5 ment of physical facilities, and compliance and planning 

6 for programs and areas administered by the National 

7 Park Service, $253,113,000, to remain available until ex8 pended: Provided, That notwithstanding any other provi9 sion of law, for any project initially funded in fiscal year 

10 2022 with a future phase indicated in the National Park 

11 Service 5-Year Line Item Construction Plan, a single pro12 curement may be issued which includes the full scope of 

13 the project: Provided further, That the solicitation and 

14 contract shall contain the clause availability of funds 

15 found at 48 CFR 52.232–18: Provided further, That Na16 tional Park Service Donations, Park Concessions Fran17 chise Fees, and Recreation Fees may be made available 

18 for the cost of adjustments and changes within the origi19 nal scope of effort for projects funded by the National 

20 Park Service Construction appropriation: Provided further, 

21 That the Secretary of the Interior shall consult with the 

22 Committees on Appropriations, in accordance with current 

23 reprogramming thresholds, prior to making any charges 

24 authorized by the preceding proviso. 


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1 CENTENNIAL CHALLENGE

2 For expenses necessary to carry out the provisions 

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

4 to challenge cost share agreements, $15,000,000, to re5 main available until expended, for Centennial Challenge 

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

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

8 be derived from non-Federal sources in the form of do9 nated cash, assets, or a pledge of donation guaranteed by 

10 an irrevocable letter of credit. 

11 ADMINISTRATIVE PROVISIONS

12 (INCLUDING TRANSFER OF FUNDS)

13 In addition to other uses set forth in section 

14 101917(c)(2) of title 54, United States Code, franchise 

15 fees credited to a sub-account shall be available for ex16 penditure by the Secretary, without further appropriation, 

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

18 extinguish or reduce liability for Possessory Interest or 

19 leasehold surrender interest. Such funds may only be used 

20 for this purpose to the extent that the benefitting unit an21 ticipated franchise fee receipts over the term of the con22 tract at that unit exceed the amount of funds used to ex23 tinguish or reduce liability. Franchise fees at the benefit24 ting unit shall be credited to the sub-account of the origi25 nating unit over a period not to exceed the term of a single 


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

2 so expended to extinguish or reduce liability. 

3 For the costs of administration of the Land and 

4 Water Conservation Fund grants authorized by section 

5 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

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

7 may retain up to 3 percent of the amounts which are au8 thorized to be disbursed under such section, such retained 

9 amounts to remain available until expended. 

10 National Park Service funds may be transferred to 

11 the Federal Highway Administration (FHWA), Depart12 ment of Transportation, for purposes authorized under 23 

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

14 for FHWA administrative support costs. 

15 UNITED STATES GEOLOGICAL SURVEY

16 SURVEYS, INVESTIGATIONS, AND RESEARCH

17 For expenses necessary for the United States Geo18 logical Survey to perform surveys, investigations, and re19 search covering topography, geology, hydrology, biology, 

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

21 its territories and possessions, and other areas as author22 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

23 to their mineral and water resources; give engineering su24 pervision to power permittees and Federal Energy Regu25 latory Commission licensees; administer the minerals exVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 ploration program (30 U.S.C. 641); conduct inquiries into 

2 the economic conditions affecting mining and materials 

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

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

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

6 foregoing activities; $1,493,839,000, to remain available 

7 until September 30, 2023; of which $84,788,000 shall re8 main available until expended for satellite operations; and 

9 of which $74,664,000 shall be available until expended for 

10 deferred maintenance and capital improvement projects 

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

12 funds provided for the ecosystem research activity shall 

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

14 specifically authorized in writing by the property owner: 

15 Provided further, That no part of this appropriation shall 

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

17 mapping or water resources data collection and investiga18 tions carried on in cooperation with States and municipali19 ties: Provided further, That of the amount appropriated 

20 under this heading, $1,000,000 shall be for projects speci21 fied for Status and Trends in the table that appears under 

22 the heading ‘‘Congressionally Directed Spending’’ in the 

23 explanatory statement accompanying this Act. 


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1 ADMINISTRATIVE PROVISIONS

2 From within the amount appropriated for activities 

3 of the United States Geological Survey such sums as are 

4 necessary shall be available for contracting for the fur5 nishing of topographic maps and for the making of geo6 physical or other specialized surveys when it is administra7 tively determined that such procedures are in the public 

8 interest; construction and maintenance of necessary build9 ings and appurtenant facilities; acquisition of lands for 

10 gauging stations, observation wells, and seismic equip11 ment; expenses of the United States National Committee 

12 for Geological Sciences; and payment of compensation and 

13 expenses of persons employed by the Survey duly ap14 pointed to represent the United States in the negotiation 

15 and administration of interstate compacts: Provided, That 

16 activities funded by appropriations herein made may be 

17 accomplished through the use of contracts, grants, or co18 operative agreements as defined in section 6302 of title 

19 31, United States Code: Provided further, That the United 

20 States Geological Survey may enter into contracts or coop21 erative agreements directly with individuals or indirectly 

22 with institutions or nonprofit organizations, without re23 gard to 41 U.S.C. 6101, for the temporary or intermittent 

24 services of students or recent graduates, who shall be con25 sidered employees for the purpose of chapters 57 and 81 


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

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

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

4 be considered to be Federal employees for any other pur5 poses. 

6 BUREAU OF OCEAN ENERGY MANAGEMENT

7 OCEAN ENERGY MANAGEMENT

8 For expenses necessary for granting and admin9 istering leases, easements, rights-of-way, and agreements 

10 for use for oil and gas, other minerals, energy, and ma11 rine-related purposes on the Outer Continental Shelf and 

12 approving operations related thereto, as authorized by law; 

13 for environmental studies, as authorized by law; for imple14 menting other laws and to the extent provided by Presi15 dential or Secretarial delegation; and for matching grants 

16 or cooperative agreements, $227,781,000, of which 

17 $184,781,000 is to remain available until September 30, 

18 2023, and of which $43,000,000 is to remain available 

19 until expended: Provided, That this total appropriation 

20 shall be reduced by amounts collected by the Secretary of 

21 the Interior and credited to this appropriation from addi22 tions to receipts resulting from increases to lease rental 

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

24 fees from activities conducted by the Bureau of Ocean En25 ergy Management pursuant to the Outer Continental Shelf 


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

2 miscellaneous administrative activities: Provided further, 

3 That the sum herein appropriated shall be reduced as such 

4 collections are received during the fiscal year, so as to re5 sult in a final fiscal year 2022 appropriation estimated 

6 at not more than $184,781,000: Provided further, That 

7 not to exceed $3,000 shall be available for reasonable ex8 penses related to promoting volunteer beach and marine 

9 cleanup activities. 

10 BUREAU OF SAFETY AND ENVIRONMENTAL

11 ENFORCEMENT

12 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

13 For expenses necessary for the regulation of oper14 ations related to leases, easements, rights-of-way, and 

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

16 and marine-related purposes on the Outer Continental 

17 Shelf, as authorized by law; for enforcing and imple18 menting laws and regulations as authorized by law and 

19 to the extent provided by Presidential or Secretarial dele20 gation; and for matching grants or cooperative agree21 ments, $200,573,000, of which $149,573,000 is to remain 

22 available until September 30, 2023, and of which 

23 $51,000,000 is to remain available until expended, includ24 ing $30,000,000 for offshore decommissioning activities: 

25 Provided, That this total appropriation shall be reduced 


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1 by amounts collected by the Secretary of the Interior and 

2 credited to this appropriation from additions to receipts 

3 resulting from increases to lease rental rates in effect on 

4 August 5, 1993, and from cost recovery fees from activi5 ties conducted by the Bureau of Safety and Environmental 

6 Enforcement pursuant to the Outer Continental Shelf 

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

8 miscellaneous administrative activities: Provided further, 

9 That the sum herein appropriated shall be reduced as such 

10 collections are received during the fiscal year, so as to re11 sult in a final fiscal year 2022 appropriation estimated 

12 at not more than $179,573,000. 

13 For an additional amount, $37,000,000, to remain 

14 available until expended, to be reduced by amounts col15 lected by the Secretary and credited to this appropriation, 

16 which shall be derived from non-refundable inspection fees 

17 collected in fiscal year 2022, as provided in this Act: Pro18 vided, That to the extent that amounts realized from such 

19 inspection fees exceed $37,000,000, the amounts realized 

20 in excess of $37,000,000 shall be credited to this appro21 priation and remain available until expended: Provided 

22 further, That for fiscal year 2022, not less than 50 percent 

23 of the inspection fees expended by the Bureau of Safety 

24 and Environmental Enforcement will be used to fund per25 sonnel and mission-related costs to expand capacity and 


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1 expedite the orderly development, subject to environmental 

2 safeguards, of the Outer Continental Shelf pursuant to the 

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

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

5 drill. 

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section 

8 1016; title IV, sections 4202 and 4303; title VII; and title 

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

10 $15,099,000, which shall be derived from the Oil Spill Li11 ability Trust Fund, to remain available until expended. 

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION AND TECHNOLOGY

15 For necessary expenses to carry out the provisions 

16 of the Surface Mining Control and Reclamation Act of 

17 1977, Public Law 95–87, $119,257,000, to remain avail18 able until September 30, 2023, of which $65,000,000 shall 

19 be available for state and tribal regulatory grants: Pro20 vided, That appropriations for the Office of Surface Min21 ing Reclamation and Enforcement may provide for the 

22 travel and per diem expenses of State and tribal personnel 

23 attending Office of Surface Mining Reclamation and En24 forcement sponsored training. 


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1 In addition, for costs to review, administer, and en2 force permits issued by the Office pursuant to section 507 

3 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re4 main available until expended: Provided, That fees as5 sessed and collected by the Office pursuant to such section 

6 507 shall be credited to this account as discretionary off7 setting collections, to remain available until expended: 

8 Provided further, That the sum herein appropriated from 

9 the general fund shall be reduced as collections are re10 ceived during the fiscal year, so as to result in a fiscal 

11 year 2022 appropriation estimated at not more than 

12 $119,257,000. 

13 ABANDONED MINE RECLAMATION FUND

14 For necessary expenses to carry out title IV of the 

15 Surface Mining Control and Reclamation Act of 1977, 

16 Public Law 95–87, $27,765,000, to be derived from re17 ceipts of the Abandoned Mine Reclamation Fund and to 

18 remain available until expended: Provided, That pursuant 

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

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

21 the delinquent debt owed to the United States Government 

22 to pay for contracts to collect these debts: Provided fur23 ther, That funds made available under title IV of Public 

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

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1 ernment for the purpose of environmental restoration re2 lated to treatment or abatement of acid mine drainage 

3 from abandoned mines: Provided further, That such 

4 projects must be consistent with the purposes and prior5 ities of the Surface Mining Control and Reclamation Act: 

6 Provided further, That amounts provided under this head7 ing may be used for the travel and per diem expenses of 

8 State and tribal personnel attending Office of Surface 

9 Mining Reclamation and Enforcement sponsored training. 

10 In addition, $115,000,000, to remain available until 

11 expended, for grants to States and federally recognized In12 dian Tribes for reclamation of abandoned mine lands and 

13 other related activities in accordance with the terms and 

14 conditions described in the explanatory statement accom15 panying this Act: Provided, That such additional amount 

16 shall be used for economic and community development 

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

18 Surface Mining Control and Reclamation Act of 1977 (30 

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

20 amount, $75,000,000 shall be distributed in equal 

21 amounts to the three Appalachian States with the greatest 

22 amount of unfunded needs to meet the priorities described 

23 in paragraphs (1) and (2) of such section, $30,000,000 

24 shall be distributed in equal amounts to the three Appa25 lachian States with the subsequent greatest amount of unVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 funded needs to meet such priorities, and $10,000,000 

2 shall be for grants to federally recognized Indian Tribes 

3 without regard to their status as certified or uncertified 

4 under the Surface Mining Control and Reclamation Act 

5 of 1977 (30 U.S.C. 1233(a)), for reclamation of aban6 doned mine lands and other related activities in accord7 ance with the terms and conditions described in the ex8 planatory statement accompanying this Act and shall be 

9 used for economic and community development in conjunc10 tion with the priorities in section 403(a) of the Surface 

11 Mining Control and Reclamation Act of 1977: Provided 

12 further, That such additional amount shall be allocated to 

13 States and Indian Tribes within 60 days after the date 

14 of enactment of this Act. 

15 INDIAN AFFAIRS

16 BUREAU OF INDIAN AFFAIRS

17 OPERATION OF INDIAN PROGRAMS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For expenses necessary for the operation of Indian 

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

21 of November 2, 1921 (25 U.S.C. 13) and the Indian Self22 Determination and Education Assistance Act of 1975 (25 

23 U.S.C. 5301 et seq.), $1,875,716,000, to remain available 

24 until September 30, 2023, except as otherwise provided 

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


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1 reception and representation expenses; of which not to ex2 ceed $77,994,000 shall be for welfare assistance pay3 ments: Provided, That in cases of designated Federal dis4 asters, the Secretary of the Interior may exceed such cap 

5 for welfare payments from the amounts provided herein, 

6 to provide for disaster relief to Indian communities af7 fected by the disaster: Provided further, That federally rec8 ognized Indian tribes and tribal organizations of federally 

9 recognized Indian tribes may use their tribal priority allo10 cations for unmet welfare assistance costs: Provided fur11 ther, That not to exceed $57,323,000 shall remain avail12 able until expended for housing improvement, road main13 tenance, attorney fees, litigation support, land records im14 provement, and the Navajo-Hopi Settlement Program: 

15 Provided further, That of the amount appropriated under 

16 this heading, $1,250,000 shall be for projects specified for 

17 Special Initiatives in the table that appears under the 

18 heading ‘‘Congressionally Directed Spending’’ in the ex19 planatory statement accompanying this Act: Provided fur20 ther, That any forestry funds allocated to a federally rec21 ognized tribe which remain unobligated as of September 

22 30, 2023, may be transferred during fiscal year 2024 to 

23 an Indian forest land assistance account established for 

24 the benefit of the holder of the funds within the holder’s 

25 trust fund account: Provided further, That any such unobVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 ligated balances not so transferred shall expire on Sep2 tember 30, 2024: Provided further, That in order to en3 hance the safety of Bureau field employees, the Bureau 

4 may use funds to purchase uniforms or other identifying 

5 articles of clothing for personnel: Provided further, That 

6 the Bureau of Indian Affairs may accept transfers of 

7 funds from United States Customs and Border Protection 

8 to supplement any other funding available for reconstruc9 tion or repair of roads owned by the Bureau of Indian 

10 Affairs as identified on the National Tribal Transpor11 tation Facility Inventory, 23 U.S.C. 202(b)(1): Provided 

12 further, That section 5 of the Indian Reorganization Act 

13 of June 18, 1934 (25 U.S.C. 5108) shall be applied by 

14 substituting ‘‘$10,000,000’’ for ‘‘$2,000,000’’. 

15 INDIAN LAND CONSOLIDATION

16 For the acquisition of fractional interests to further 

17 land consolidation as authorized under the Indian Land 

18 Consolidation Act Amendments of 2000 (Public Law 106– 

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

20 2004 (Public Law 108–374), $75,000,000, to remain 

21 available until expended: Provided, That any provisions of 

22 the Indian Land Consolidation Act Amendments of 2000 

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

24 to application of a lien shall not apply to the acquisition 

25 funded herein. 


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1 CONTRACT SUPPORT COSTS

2 For payments to tribes and tribal organizations for 

3 contract support costs associated with Indian Self-Deter4 mination and Education Assistance Act agreements with 

5 the Bureau of Indian Affairs and the Bureau of Indian 

6 Education for fiscal year 2022, such sums as may be nec7 essary, which shall be available for obligation through Sep8 tember 30, 2023: Provided, That notwithstanding any 

9 other provision of law, no amounts made available under 

10 this heading shall be available for transfer to another 

11 budget account. 

12 PAYMENTS FOR TRIBAL LEASES

13 For payments to tribes and tribal organizations for 

14 leases pursuant to section 105(l) of the Indian Self-Deter15 mination and Education Assistance Act (25 U.S.C. 

16 5324(l)) for fiscal year 2022, such sums as may be nec17 essary, which shall be available for obligation through Sep18 tember 30, 2023: Provided, That notwithstanding any 

19 other provision of law, no amounts made available under 

20 this heading shall be available for transfer to another 

21 budget account. 

22 CONSTRUCTION

23 (INCLUDING TRANSFER OF FUNDS)

24 For construction, repair, improvement, and mainte25 nance of irrigation and power systems, buildings, utilities, 


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1 and other facilities, including architectural and engineer2 ing services by contract; acquisition of lands, and interests 

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

4 construction of the Navajo Indian Irrigation Project pur5 suant to Public Law 87–483; $177,842,000, to remain 

6 available until expended: Provided, That such amounts as 

7 may be available for the construction of the Navajo Indian 

8 Irrigation Project may be transferred to the Bureau of 

9 Reclamation: Provided further, That any funds provided 

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

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

12 on a nonreimbursable basis: Provided further, That this 

13 appropriation may be reimbursed from the Office of the 

14 Special Trustee for American Indians appropriation for 

15 the appropriate share of construction costs for space ex16 pansion needed in agency offices to meet trust reform im17 plementation: Provided further, That of the funds made 

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

19 from the Indian Irrigation Fund established by section 

20 3211 of the WIIN Act (Public Law 114–322; 130 Stat. 

21 1749). 

22 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

23 MISCELLANEOUS PAYMENTS TO INDIANS

24 For payments and necessary administrative expenses 

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1 ments pursuant to Public Laws 99–264, 114–322, and 

2 116-260 and for implementation of other land and water 

3 rights settlements, $75,844,000, to remain available until 

4 expended, of which up to $25,000,000 shall be available 

5 for deposit into the Selis-Qlispe Ksanka Settlement Trust 

6 Fund established by Public Law 116–260. 

7 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

8 For the cost of guaranteed loans and insured loans, 

9 $11,833,000, to remain available until September 30, 

10 2023, of which $1,629,000 is for administrative expenses, 

11 as authorized by the Indian Financing Act of 1974: Pro12 vided, That such costs, including the cost of modifying 

13 such loans, shall be as defined in section 502 of the Con14 gressional Budget Act of 1974: Provided further, That 

15 these funds are available to subsidize total loan principal, 

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

17 exceed $103,456,940. 

18 BUREAU OF INDIAN EDUCATION

19 OPERATION OF INDIAN EDUCATION PROGRAMS

20 For expenses necessary for the operation of Indian 

21 education programs, as authorized by law, including the 

22 Snyder Act of November 2, 1921 (25 U.S.C. 13), the In23 dian Self-Determination and Education Assistance Act of 

24 1975 (25 U.S.C. 5301 et seq.), the Education Amend25 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 


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

2 $1,070,535,000, to remain available until September 30, 

3 2023, except as otherwise provided herein: Provided, That 

4 federally recognized Indian tribes and tribal organizations 

5 of federally recognized Indian tribes may use their tribal 

6 priority allocations for unmet welfare assistance costs: 

7 Provided further, That not to exceed $789,983,000 for 

8 school operations costs of Bureau-funded schools and 

9 other education programs shall become available on July 

10 1, 2022, and shall remain available until September 30, 

11 2023: Provided further, That notwithstanding any other 

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

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

14 and section 1128 of the Education Amendments of 1978 

15 (25 U.S.C. 2008), not to exceed $92,285,000 within and 

16 only from such amounts made available for school oper17 ations shall be available for administrative cost grants as18 sociated with grants approved prior to July 1, 2022: Pro19 vided further, That in order to enhance the safety of Bu20 reau field employees, the Bureau may use funds to pur21 chase uniforms or other identifying articles of clothing for 

22 personnel. 

23 EDUCATION CONSTRUCTION

24 For construction, repair, improvement, and mainte25 nance of buildings, utilities, and other facilities necessary 


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1 for the operation of Indian education programs, including 

2 architectural and engineering services by contract; acquisi3 tion of lands, and interests in lands; $264,330,000 to re4 main available until expended: Provided, That in order to 

5 ensure timely completion of construction projects, the Sec6 retary of the Interior may assume control of a project and 

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

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

9 Public Law 100–297 (25 U.S.C. 2501, et seq.) grantee 

10 receiving funds appropriated in this Act or in any prior 

11 Act, has not completed the planning and design phase of 

12 the project and commenced construction. 

13 ADMINISTRATIVE PROVISIONS

14 The Bureau of Indian Affairs and the Bureau of In15 dian Education may carry out the operation of Indian pro16 grams by direct expenditure, contracts, cooperative agree17 ments, compacts, and grants, either directly or in coopera18 tion with States and other organizations. 

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

20 the Bureau of Indian Affairs may contract for services in 

21 support of the management, operation, and maintenance 

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

23 Notwithstanding any other provision of law, no funds 

24 available to the Bureau of Indian Affairs or the Bureau 

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1 utive Direction and Administrative Services (except Exec2 utive Direction and Administrative Services funding for 

3 Tribal Priority Allocations, regional offices, and facilities 

4 operations and maintenance) shall be available for con5 tracts, grants, compacts, or cooperative agreements with 

6 the Bureau of Indian Affairs or the Bureau of Indian 

7 Education under the provisions of the Indian Self-Deter8 mination Act or the Tribal Self-Governance Act of 1994 

9 (Public Law 103–413). 

10 In the event any tribe returns appropriations made 

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

12 the Bureau of Indian Education, this action shall not di13 minish the Federal Government’s trust responsibility to 

14 that tribe, or the government-to-government relationship 

15 between the United States and that tribe, or that tribe’s 

16 ability to access future appropriations. 

17 Notwithstanding any other provision of law, no funds 

18 available to the Bureau of Indian Education, other than 

19 the amounts provided herein for assistance to public 

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

21 support the operation of any elementary or secondary 

22 school in the State of Alaska. 

23 No funds available to the Bureau of Indian Edu24 cation shall be used to support expanded grades for any 

25 school or dormitory beyond the grade structure in place 


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

2 in the Bureau of Indian Education school system as of 

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

4 may waive this prohibition to support expansion of up to 

5 one additional grade when the Secretary determines such 

6 waiver is needed to support accomplishment of the mission 

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

8 grade to expand the elementary grade structure for Bu9 reau-funded schools with a K–2 grade structure on Octo10 ber 1, 1996. Appropriations made available in this or any 

11 prior Act for schools funded by the Bureau shall be avail12 able, in accordance with the Bureau’s funding formula, 

13 only to the schools in the Bureau school system as of Sep14 tember 1, 1996, and to any school or school program that 

15 was reinstated in fiscal year 2012. Funds made available 

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

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

18 in section 1141 of the Education Amendments of 1978 

19 (25 U.S.C. 2021)), except that a charter school that is 

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

21 that has operated at a Bureau-funded school before Sep22 tember 1, 1999, may continue to operate during that pe23 riod, but only if the charter school pays to the Bureau 

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

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


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1 and vans), the funds of the charter school are kept sepa2 rate and apart from Bureau funds, and the Bureau does 

3 not assume any obligation for charter school programs of 

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

5 school loses such funding. Employees of Bureau-funded 

6 schools sharing a campus with a charter school and per7 forming functions related to the charter school’s operation 

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

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

10 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 


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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 Funds made available for Tribal Priority Allocations 

20 within Operation of Indian Programs and Operation of In21 dian Education Programs may be used to execute re22 quested adjustments in tribal priority allocations initiated 

23 by an Indian Tribe. 


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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, $110,672,000, to remain available 

8 until expended, of which not to exceed $17,536,000 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, ‘‘Operation of Indian Programs’’ and Bureau of In14 dian Education, ‘‘Operation of Indian Education Pro15 grams’’ accounts; the Office of the Solicitor, ‘‘Salaries and 

16 Expenses’’ account; and the Office of the Secretary, ‘‘De17 partmental Operations’’ account: Provided further, That 

18 funds made available through contracts or grants obli19 gated during fiscal year 2022, as authorized by the Indian 

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

21 shall remain available until expended by the contractor or 

22 grantee: Provided further, That notwithstanding any other 

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

24 provide a quarterly statement of performance for any In25 dian trust account that has not had activity for at least 


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1 15 months and has a balance of $15 or less: Provided fur2 ther, That the Secretary shall issue an annual account 

3 statement and maintain a record of any such accounts and 

4 shall permit the balance in each such account to be with5 drawn upon the express written request of the account 

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

7 available for the Secretary to make payments to correct 

8 administrative errors of either disbursements from or de9 posits to Individual Indian Money or Tribal accounts after 

10 September 30, 2002: Provided further, That erroneous 

11 payments that are recovered shall be credited to and re12 main available in this account for this purpose: Provided 

13 further, That the Secretary shall not be required to rec14 oncile Special Deposit Accounts with a balance of less than 

15 $500 unless the Office of the Special Trustee receives 

16 proof of ownership from a Special Deposit Accounts claim17 ant: Provided further, That notwithstanding section 102 

18 of the American Indian Trust Fund Management Reform 

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

20 of law, the Secretary may aggregate the trust accounts 

21 of individuals whose whereabouts are unknown for a con22 tinuous period of at least 5 years and shall not be required 

23 to generate periodic statements of performance for the in24 dividual accounts: Provided further, That with respect to 

25 the eighth proviso, the Secretary shall continue to mainVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 tain sufficient records to determine the balance of the indi2 vidual accounts, including any accrued interest and in3 come, and such funds shall remain available to the indi4 vidual account holders. 

5 DEPARTMENTAL OFFICES

6 OFFICE OF THE SECRETARY

7 DEPARTMENTAL OPERATIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for management of the De10 partment of the Interior and for grants and cooperative 

11 agreements, as authorized by law, $190,087,000, to re12 main available until September 30, 2023; of which 

13 $58,200,000, to remain available until expended, shall be 

14 for acquisitions of zero emission vehicles and related ex15 penses, including charging infrastructure, and may be 

16 transferred to any other account in the Department; of 

17 which not to exceed $15,000 may be for official reception 

18 and representation expenses; of which up to $1,000,000 

19 shall be available for workers compensation payments and 

20 unemployment compensation payments associated with the 

21 orderly closure of the United States Bureau of Mines; and 

22 of which $13,591,000 for Indian land, mineral, and re23 source valuation activities shall remain available until ex24 pended: Provided, That funds for Indian land, mineral, 

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1 ferred to and merged with the Bureau of Indian Affairs 

2 ‘‘Operation of Indian Programs’’ and Bureau of Indian 

3 Education ‘‘Operation of Indian Education Programs’’ ac4 counts and the Office of the Special Trustee ‘‘Federal 

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

6 made available through contracts or grants obligated dur7 ing fiscal year 2022, as authorized by the Indian Self-De8 termination Act of 1975 (25 U.S.C. 5301 et seq.), shall 

9 remain available until expended by the contractor or 

10 grantee. 

11 ADMINISTRATIVE PROVISIONS

12 For fiscal year 2022, up to $400,000 of the payments 

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

14 may be retained for administrative expenses of the Pay15 ments in Lieu of Taxes Program: Provided, That the 

16 amounts provided under this Act specifically for the Pay17 ments in Lieu of Taxes program are the only amounts 

18 available for payments authorized under chapter 69 of 

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

20 event the sums appropriated for any fiscal year for pay21 ments pursuant to this chapter are insufficient to make 

22 the full payments authorized by that chapter to all units 

23 of local government, then the payment to each local gov24 ernment shall be made proportionally: Provided further, 

25 That the Secretary may make adjustments to payment to 


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1 individual units of local government to correct for prior 

2 overpayments or underpayments: Provided further, That 

3 no payment shall be made pursuant to that chapter to oth4 erwise eligible units of local government if the computed 

5 amount of the payment is less than $100. 

6 INSULAR AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For expenses necessary for assistance to territories 

9 under the jurisdiction of the Department of the Interior 

10 and other jurisdictions identified in section 104(e) of Pub11 lic Law 108–188, $113,977,000, of which: (1) 

12 $104,140,000 shall remain available until expended for 

13 territorial assistance, including general technical assist14 ance, maintenance assistance, disaster assistance, coral 

15 reef initiative and natural resources activities, and brown 

16 tree snake control and research; grants to the judiciary 

17 in American Samoa for compensation and expenses, as au18 thorized by law (48 U.S.C. 1661(c)); grants to the Govern19 ment of American Samoa, in addition to current local rev20 enues, for construction and support of governmental func21 tions; grants to the Government of the Virgin Islands, as 

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

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

24 the Northern Mariana Islands, as authorized by law (Pub25 lic Law 94–241; 90 Stat. 272); and (2) $9,837,000 shall 


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1 be available until September 30, 2023, for salaries and 

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

3 all financial transactions of the territorial and local gov4 ernments herein provided for, including such transactions 

5 of all agencies or instrumentalities established or used by 

6 such governments, may be audited by the Government Ac7 countability Office, at its discretion, in accordance with 

8 chapter 35 of title 31, United States Code: Provided fur9 ther, That Northern Mariana Islands Covenant grant 

10 funding shall be provided according to those terms of the 

11 Agreement of the Special Representatives on Future 

12 United States Financial Assistance for the Northern Mar13 iana Islands approved by Public Law 104–134: Provided 

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

15 maintenance improvement are appropriated to institu16 tionalize routine operations and maintenance improvement 

17 of capital infrastructure with territorial participation and 

18 cost sharing to be determined by the Secretary based on 

19 the grantee’s commitment to timely maintenance of its 

20 capital assets: Provided further, That any appropriation 

21 for disaster assistance under this heading in this Act or 

22 previous appropriations Acts may be used as non–Federal 

23 matching funds for the purpose of hazard mitigation 

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


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1 Stafford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5170c). 

3 COMPACT OF FREE ASSOCIATION

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

5 remain available until expended, as provided for in sec6 tions 221(a)(2) and 233 of the Compact of Free Associa7 tion for the Republic of Palau; and section 221(a)(2) of 

8 the Compacts of Free Association for the Government of 

9 the Republic of the Marshall Islands and the Federated 

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

11 658 and Public Law 108–188: Provided, That of the funds 

12 appropriated under this heading, $5,000,000 is for deposit 

13 into the Compact Trust Fund of the Republic of the Mar14 shall Islands as compensation authorized by Public Law 

15 108–188 for adverse financial and economic impacts. 

16 ADMINISTRATIVE PROVISIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 At the request of the Governor of Guam, the Sec19 retary may transfer discretionary funds or mandatory 

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

21 188 and Public Law 104–134, that are allocated for 

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

23 of direct or guaranteed loans, plus not to exceed three per24 cent of the amount of the subsidy transferred for the cost 

25 of loan administration, for the purposes authorized by the 


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

2 of the Consolidated Farm and Rural Development Act for 

3 construction and repair projects in Guam, and such funds 

4 shall remain available until expended: Provided, That such 

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

6 as defined in section 502 of the Congressional Budget Act 

7 of 1974: Provided further, That such loans or loan guaran8 tees may be made without regard to the population of the 

9 area, credit elsewhere requirements, and restrictions on 

10 the types of eligible entities under the Rural Electrifica11 tion Act of 1936 and section 306(a)(1) of the Consolidated 

12 Farm and Rural Development Act: Provided further, That 

13 any funds transferred to the Secretary of Agriculture shall 

14 be in addition to funds otherwise made available to make 

15 or guarantee loans under such authorities. 

16 OFFICE OF THE SOLICITOR

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Solicitor, 

19 $96,498,000, to remain available until September 30, 

20 2023. 

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of Inspector 

24 General, $66,382,000, to remain available until September 

25 30, 2023. 


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1 DEPARTMENT-WIDE PROGRAMS

2 WILDLAND FIRE MANAGEMENT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses for fire preparedness, fire 

5 suppression operations, fire science and research, emer6 gency rehabilitation, fuels management activities, and 

7 rural fire assistance by the Department of the Interior, 

8 $1,125,441,000, to remain available until expended, of 

9 which not to exceed $18,427,000 shall be for the renova10 tion or construction of fire facilities: Provided, That such 

11 funds are also available for repayment of advances to 

12 other appropriation accounts from which funds were pre13 viously transferred for such purposes: Provided further, 

14 That of the funds provided $304,344,000 is for fuels man15 agement activities: Provided further, That of the funds 

16 provided $40,470,000 is for burned area rehabilitation: 

17 Provided further, That persons hired pursuant to 43 

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

19 without cost from funds available from this appropriation: 

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

21 sums received by a bureau or office of the Department 

22 of the Interior for fire protection rendered pursuant to 42 

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

24 may be credited to the appropriation from which funds 

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1 able without fiscal year limitation: Provided further, That 

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

3 the Secretary of the Interior may enter into procurement 

4 contracts, grants, or cooperative agreements, for fuels 

5 management activities, and for training and monitoring 

6 associated with such fuels management activities on Fed7 eral land, or on adjacent non-Federal land for activities 

8 that benefit resources on Federal land: Provided further, 

9 That the costs of implementing any cooperative agreement 

10 between the Federal Government and any non-Federal en11 tity may be shared, as mutually agreed on by the affected 

12 parties: Provided further, That notwithstanding require13 ments of the Competition in Contracting Act, the Sec14 retary, for purposes of fuels management activities, may 

15 obtain maximum practicable competition among: (1) local 

16 private, nonprofit, or cooperative entities; (2) Youth Con17 servation Corps crews, Public Lands Corps (Public Law 

18 109–154), or related partnerships with State, local, or 

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

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

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

22 workforce to complete such contracts: Provided further, 

23 That in implementing this section, the Secretary shall de24 velop written guidance to field units to ensure account25 ability and consistent application of the authorities proVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 vided herein: Provided further, That funds appropriated 

2 under this heading may be used to reimburse the United 

3 States Fish and Wildlife Service and the National Marine 

4 Fisheries Service for the costs of carrying out their re5 sponsibilities under the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.) to consult and conference, as 

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

8 wildland fire management activities: Provided further, 

9 That the Secretary of the Interior may use wildland fire 

10 appropriations to enter into leases of real property with 

11 local governments, at or below fair market value, to con12 struct capitalized improvements for fire facilities on such 

13 leased properties, including but not limited to fire guard 

14 stations, retardant stations, and other initial attack and 

15 fire support facilities, and to make advance payments for 

16 any such lease or for construction activity associated with 

17 the lease: Provided further, That the Secretary of the Inte18 rior and the Secretary of Agriculture may authorize the 

19 transfer of funds appropriated for wildland fire manage20 ment, in an aggregate amount not to exceed $50,000,000 

21 between the Departments when such transfers would fa22 cilitate and expedite wildland fire management programs 

23 and projects: Provided further, That funds provided for 

24 wildfire suppression shall be available for support of Fed25 eral emergency response actions: Provided further, That 


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1 funds appropriated under this heading shall be available 

2 for assistance to or through the Department of State in 

3 connection with forest and rangeland research, technical 

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

5 the concurrence of the Secretary of State, shall be avail6 able to support forestry, wildland fire management, and 

7 related natural resource activities outside the United 

8 States and its territories and possessions, including tech9 nical assistance, education and training, and cooperation 

10 with United States and international organizations: Pro11 vided further, That of the funds provided under this head12 ing $383,657,000 is provided to meet the terms of section 

13 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 

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

15 budget for fiscal year 2022. 

16 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

17 (INCLUDING TRANSFERS OF FUNDS)

18 In addition to the amounts provided under the head19 ing ‘‘Department of the Interior—Department-Wide Pro20 grams—Wildland Fire Management’’ for wildfire suppres21 sion operations, $330,000,000, to remain available until 

22 transferred, is additional new budget authority as speci23 fied for purposes of section 4004(b)(5) and section 

24 4005(e) of S. Con. Res. 14 (117th Congress), the concur25 rent budget for fiscal year 2022: Provided, That such 


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1 amounts may be transferred to and merged with amounts 

2 made available under the headings ‘‘Department of Agri3 culture—Forest Service—Wildland Fire Management’’ 

4 and ‘‘Department of the Interior—Department-Wide Pro5 grams—Wildland Fire Management’’ for wildfire suppres6 sion operations in the fiscal year in which such amounts 

7 are transferred: Provided further, That amounts may be 

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

9 in the Department of Agriculture or the Department of 

10 the Interior only upon the notification of the House and 

11 Senate Committees on Appropriations that all wildfire 

12 suppression operations funds appropriated under that 

13 heading in this and prior appropriations Acts to the agen14 cy to which the funds will be transferred will be obligated 

15 within 30 days: Provided further, That the transfer au16 thority provided under this heading is in addition to any 

17 other transfer authority provided by law: Provided further, 

18 That, in determining whether all wildfire suppression op19 erations funds appropriated under the heading ‘‘Wildland 

20 Fire Management’’ in this and prior appropriations Acts 

21 to either the Department of Agriculture or the Depart22 ment of the Interior will be obligated within 30 days pur23 suant to the previous proviso, any funds transferred or 

24 permitted to be transferred pursuant to any other transfer 

25 authority provided by law shall be excluded. 


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1 CENTRAL HAZARDOUS MATERIALS FUND

2 For necessary expenses of the Department of the In3 terior and any of its component offices and bureaus for 

4 the response action, including associated activities, per5 formed pursuant to the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

7 et seq.), $10,036,000, to remain available until expended. 

8 ENERGY COMMUNITY REVITALIZATION PROGRAM

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the Department of the In11 terior and any of its component offices and bureaus to 

12 inventory, assess, decommission, reclaim, respond to haz13 ardous substance releases, and remediate abandoned hard 

14 rock mines, orphaned oil and gas wells, and orphaned in15 frastructure, including, but not limited to, facilities, pipe16 lines, structures or equipment used in energy production 

17 operations, $65,000,000, to remain available until ex18 pended: Provided, That such amount shall be in addition 

19 to amounts otherwise available for such purposes: Pro20 vided further, That amounts appropriated under this head21 ing are available for grants and cooperative agreements 

22 to States to inventory, assess, decommission, reclaim, and 

23 remediate abandoned hard rock mines, orphaned oil and 

24 gas wells, and associated infrastructure on State and pri25 vate lands: Provided further, That amounts appropriated 


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1 under this heading are available for grants or cooperative 

2 agreements to tribes to inventory, assess, decommission, 

3 reclaim, and remediate abandoned hard rock mines, or4 phaned oil and gas wells, and their associated infrastruc5 ture on tribal lands, including grants management capac6 ity within tribes: Provided further, That amounts appro7 priated under this heading are available for program man8 agement and oversight of these activities: Provided further, 

9 That the Secretary may transfer the funds provided under 

10 this heading in this Act to any other account in the De11 partment to carry out such purposes, and may expend 

12 such funds directly, or through grants or cooperative 

13 agreements: Provided further, That the Secretary may im14 plement the grant and cooperative agreement programs 

15 authorized herein on a formula or competitive basis: Pro16 vided further, That these amounts are not available to ful17 fill Comprehensive Environmental Response, Compensa18 tion, and Liability Act (CERCLA) obligations agreed to 

19 in settlement or imposed by a court, whether for payment 

20 of funds or for work to be performed. 

21 NATURAL RESOURCE DAMAGE ASSESSMENT AND

22 RESTORATION

23 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

24 To conduct natural resource damage assessment, res25 toration activities, and onshore oil spill preparedness by 


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1 the Department of the Interior necessary to carry out the 

2 provisions of the Comprehensive Environmental Response, 

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

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

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

6 et seq.), and 54 U.S.C. 100721 et seq., $7,933,000, to 

7 remain available until expended. 

8 WORKING CAPITAL FUND

9 For the operation and maintenance of a departmental 

10 financial and business management system, information 

11 technology improvements of general benefit to the Depart12 ment, cybersecurity, and the consolidation of facilities and 

13 operations throughout the Department, $91,436,000, to 

14 remain available until expended: Provided, That none of 

15 the funds appropriated in this Act or any other Act may 

16 be used to establish reserves in the Working Capital Fund 

17 account other than for accrued annual leave and deprecia18 tion of equipment without prior approval of the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate: Provided further, That the Secretary of 

21 the Interior may assess reasonable charges to State, local, 

22 and tribal government employees for training services pro23 vided by the National Indian Program Training Center, 

24 other than training related to Public Law 93–638: Pro25 vided further, That the Secretary may lease or otherwise 


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1 provide space and related facilities, equipment, or profes2 sional services of the National Indian Program Training 

3 Center to State, local and tribal government employees or 

4 persons or organizations engaged in cultural, educational, 

5 or recreational activities (as defined in section 3306(a) of 

6 title 40, United States Code) at the prevailing rate for 

7 similar space, facilities, equipment, or services in the vicin8 ity of the National Indian Program Training Center: Pro9 vided further, That all funds received pursuant to the two 

10 preceding provisos shall be credited to this account, shall 

11 be available until expended, and shall be used by the Sec12 retary for necessary expenses of the National Indian Pro13 gram Training Center: Provided further, That the Sec14 retary may enter into grants and cooperative agreements 

15 to support the Office of Natural Resource Revenue’s col16 lection and disbursement of royalties, fees, and other min17 eral revenue proceeds, as authorized by law. 

18 ADMINISTRATIVE PROVISION

19 There is hereby authorized for acquisition from avail20 able resources within the Working Capital Fund, aircraft 

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

22 available excess surplus property: Provided, That existing 

23 aircraft being replaced may be sold, with proceeds derived 

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

25 replacement aircraft. 


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1 OFFICE OF NATURAL RESOURCES REVENUE

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

4 revenue proceeds, and for grants and cooperative agree5 ments, as authorized by law, $169,640,000, to remain 

6 available until September 30, 2023; of which $68,151,000 

7 shall remain available until expended for the purpose of 

8 mineral revenue management activities: Provided, That 

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

10 be available for refunds of overpayments in connection 

11 with certain Indian leases in which the Secretary of the 

12 Interior concurred with the claimed refund due, to pay 

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

14 prior unrecoverable erroneous payments. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

16 (INCLUDING TRANSFERS OF FUNDS)

17 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

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

19 available for expenditure or transfer (within each bureau 

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

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

24 other unavoidable causes: Provided, That no funds shall 

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1 cally made available to the Department of the Interior for 

2 emergencies shall have been exhausted: Provided further, 

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

5 requested as promptly as possible. 

6 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

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

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

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

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

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

18 and natural resource damage assessment activities related 

19 to actual oil spills or releases of hazardous substances into 

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

22 outbreaks on lands under the jurisdiction of the Secretary, 

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

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

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


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

2 of Surface Mining Reclamation and Enforcement, such 

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

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

7 wildland fire operations shall be available for the payment 

8 of obligations incurred during the preceding fiscal year, 

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

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

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

15 be made available under this authority until the Secretary 

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

19 be replenished by a supplemental appropriation, which 

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

23 funds were transferred. 


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1 AUTHORIZED USE OF FUNDS

2 SEC. 103. Appropriations made to the Department 

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

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

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

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

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

11 residences in the field, when authorized under regulations 

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

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

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

16 who are not members. 

17 AUTHORIZED USE OF FUNDS, INDIAN TRUST

18 MANAGEMENT

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

20 headings Bureau of Indian Affairs and Bureau of Indian 

21 Education, and Office of the Special Trustee for American 

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

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


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1 accounting activities shall not exceed amounts specifically 

2 designated in this Act for such purpose. The Secretary 

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

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

7 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

8 AFFAIRS

9 SEC. 105. Notwithstanding any other provision of 

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

12 tribal base funds, to alleviate tribal funding inequities by 

13 transferring funds to address identified, unmet needs, 

14 dual enrollment, overlapping service areas or inaccurate 

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

17 percent in fiscal year 2022. Under circumstances of dual 

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

20 apply. 

21 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

22 SEC. 106. Notwithstanding any other provision of 

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

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

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


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

2 of operating and maintaining facilities in the support of 

3 transportation and accommodation of visitors to Ellis, 

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

5 administrative activities, by donation or with appropriated 

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

10 facilities on such terms and conditions as the Secretary 

11 may determine reasonable. 

12 OUTER CONTINENTAL SHELF INSPECTION FEES

13 SEC. 107. (a) In fiscal year 2022, the Secretary of 

14 the Interior shall collect a nonrefundable inspection fee, 

15 which shall be deposited in the ‘‘Offshore Safety and Envi16 ronmental Enforcement’’ account, from the designated op17 erator for facilities subject to inspection under 43 U.S.C. 

18 1348(c). 

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

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

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

22 2022 shall be— 

23 (1) $11,725 for facilities with no wells, but with 

24 processing equipment or gathering lines; 


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

2 with any combination of active or inactive wells; and 

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

4 wells, with any combination of active or inactive 

5 wells. 

6 (c) Fees for drilling rigs shall be assessed for all in7 spections completed in fiscal year 2022. Fees for fiscal 

8 year 2022 shall be— 

9 (1) $34,059 per inspection for rigs operating in 

10 water depths of 500 feet or more; and 

11 (2) $18,649 per inspection for rigs operating in 

12 water depths of less than 500 feet. 

13 (d) Fees for inspection of well operations conducted 

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

15 D, E, F, and Q shall be assessed for all inspections com16 pleted in fiscal year 2022. Fees for fiscal year 2022 shall 

17 be— 

18 (1) $13,260 per inspection for non-rig units op19 erating in water depths of 2,500 feet or more; 

20 (2) $11,530 per inspection for non-rig units op21 erating in water depths between 500 and 2,499 feet; 

22 and 

23 (3) $4,470 per inspection for non-rig units op24 erating in water depths of less than 500 feet. 


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1 (e) The Secretary shall bill designated operators 

2 under subsection (b) quarterly, with payment required 

3 within 30 days of billing. The Secretary shall bill des4 ignated operators under subsection (c) within 30 days of 

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

6 with payment required within 30 days of billing. The Sec7 retary shall bill designated operators under subsection (d) 

8 with payment required by the end of the following quarter. 

9 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

10 BURRO HOLDING FACILITIES

11 SEC. 108. Notwithstanding any other provision of 

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

13 multiyear cooperative agreements with nonprofit organiza14 tions and other appropriate entities, and may enter into 

15 multiyear contracts in accordance with the provisions of 

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

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

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

19 wild free roaming horses and burros by such organizations 

20 or entities on private land. Such cooperative agreements 

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

22 at the discretion of the Secretary. 

23 MASS MARKING OF SALMONIDS

24 SEC. 109. The United States Fish and Wildlife Serv25 ice shall, in carrying out its responsibilities to protect 


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1 threatened and endangered species of salmon, implement 

2 a system of mass marking of salmonid stocks, intended 

3 for harvest, that are released from federally operated or 

4 federally financed hatcheries including but not limited to 

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

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

7 identified by commercial and recreational fishers. 

8 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

9 SEC. 110. Notwithstanding any other provision of 

10 law, during fiscal year 2022, in carrying out work involv11 ing cooperation with State, local, and tribal governments 

12 or any political subdivision thereof, Indian Affairs may 

13 record obligations against accounts receivable from any 

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

15 the fiscal year shall not exceed total budgetary resources 

16 available at the end of the fiscal year. 

17 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

18 PROGRAM

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

20 of law relating to Federal grants and cooperative agree21 ments, the Secretary of the Interior is authorized to make 

22 grants to, or enter into cooperative agreements with, pri23 vate nonprofit organizations designated by the Secretary 

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

25 to utilize the talents of older Americans in programs auVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 thorized by other provisions of law administered by the 

2 Secretary and consistent with such provisions of law. 

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

4 subsection (a), the Secretary shall ensure that the agree5 ment would not— 

6 (1) result in the displacement of individuals 

7 currently employed by the Department, including 

8 partial displacement through reduction of non-over9 time hours, wages, or employment benefits; 

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

11 Department of the Interior Experienced Services 

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

13 Federal employee is in a layoff status from the same 

14 or substantially equivalent job within the Depart15 ment; or 

16 (3) affect existing contracts for services. 

17 SEPARATION OF ACCOUNTS

18 SEC. 112. The Secretary of the Interior, in order to 

19 implement an orderly transition to separate accounts of 

20 the Bureau of Indian Affairs and the Bureau of Indian 

21 Education, may transfer funds among and between the 

22 successor offices and bureaus affected by the reorganiza23 tion only in conformance with the reprogramming guide24 lines described in this Act. 


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1 PAYMENTS IN LIEU OF TAXES (PILT)

2 SEC. 113. Section 6906 of title 31, United States 

3 Code, shall be applied by substituting ‘‘fiscal year 2022’’ 

4 for ‘‘fiscal year 2019’’. 

5 DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE

6 APPROVAL

7 SEC. 114. (a) Subject to subsection (b), beginning no 

8 later than 180 days after the enactment of this Act, in 

9 any case in which the Bureau of Safety and Environ10 mental Enforcement or the Bureau of Ocean Energy Man11 agement prescribes or approves any departure or use of 

12 alternate procedure or equipment, in regards to a plan or 

13 permit, under 30 CFR 585.103, 30 CFR 550.141; 30 

14 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the 

15 head of such bureau shall post a description of such depar16 ture or alternate procedure or equipment use approval on 

17 such bureau’s publicly available website not more than 15 

18 business days after such issuance. 

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

20 business information. 

21 INTERAGENCY MOTOR POOL

22 SEC. 115. Notwithstanding any other provision of law 

23 or Federal regulation, federally recognized Indian tribes 

24 or authorized tribal organizations that receive Tribally25 Controlled School Grants pursuant to Public Law 100– 


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1 297 may obtain interagency motor vehicles and related 

2 services for performance of any activities carried out 

3 under such grants to the same extent as if they were con4 tracting under the Indian Self-Determination and Edu5 cation Assistance Act. 

6 DELAWARE WATER GAP AUTHORITY

7 SEC. 116. Section 4(b) of The Delaware Water Gap 

8 National Recreation Area Improvement Act, as amended 

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

10 substituting ‘‘2022’’ for ‘‘2021’’. 

11 EXTENSION OF AUTHORITIES

12 SEC. 117. (a) Section 126 of Public Law 98–398, as 

13 amended (98 Stat. 1456; 120 Stat. 1853), is further 

14 amended by striking ‘‘the date that is 15 years after the 

15 date of enactment of this section’’ and inserting ‘‘2023’’. 

16 (b) Section 10 of Public Law 99–647, as amended 

17 (100 Stat. 3630; 104 Stat. 1018; 120 Stat. 1858; 128 

18 Stat. 3804), is further amended by striking ‘‘2021’’ and 

19 inserting ‘‘2023’’. 

20 (c) Section 12 of Public Law 100–692, as amended 

21 (102 Stat. 4558; 112 Stat. 3258; 123 Stat. 1292; 127 

22 Stat. 420; 128 Stat. 314; 128 Stat. 3801), is further 

23 amended— 

24 (1) in subsection (c)(1), by striking ‘‘2021’’ and 

25 inserting ‘‘2023’’; and 


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1 (2) in subsection (d), by striking ‘‘2021’’ and 

2 inserting ‘‘2023’’. 

3 (d) Section 106(b) of Public Law 103–449, as 

4 amended (108 Stat. 4755; 113 Stat. 1726; 123 Stat. 

5 1291; 128 Stat. 3802), is further amended by striking 

6 ‘‘2021’’ and inserting ‘‘2023’’. 

7 (e) Division II of Public Law 104–333 (54 U.S.C. 

8 320101 note), as amended, is further amended by striking 

9 ‘‘2021’’ each place it appears in the following sections and 

10 inserting ‘‘2023’’— 

11 (1) in section 107 (110 Stat. 4244; 127 Stat. 

12 420; 128 Stat. 314; 128 Stat. 3801); 

13 (2) in section 408 (110 Stat. 4256; 127 Stat. 

14 420; 128 Stat. 314; 128 Stat. 3801); 

15 (3) in section 507 (110 Stat. 4260; 127 Stat. 

16 420; 128 Stat. 314; 128 Stat. 3801); 

17 (4) in section 707 (110 Stat. 4267; 127 Stat. 

18 420; 128 Stat. 314; 128 Stat. 3801); 

19 (5) in section 809 (110 Stat. 4275; 122 Stat. 

20 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); 

21 (6) in section 910 (110 Stat. 4281; 127 Stat. 

22 420; 128 Stat. 314; 128 Stat. 3801); 

23 (7) in section 310 (110 Stat. 4252; 127 Stat. 

24 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 

25 133 Stat. 778); 


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1 (8) in section 607 (110 Stat. 4264; 127 Stat. 

2 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 

3 133 Stat. 778-779); and 

4 (9) in section 208 (110 Stat. 4248; 127 Stat. 

5 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 

6 133 Stat .778). 

7 (f) Section 109 of Public Law 105–355, as amended 

8 (112 Stat. 3252; 128 Stat. 3802), is further amended by 

9 striking ‘‘2021’’ and inserting ‘‘2023’’. 

10 (g) Public Law 106–278 (54 U.S.C. 320101 note), 

11 as amended, is further amended— 

12 (1) in section 108 (114 Stat. 818; 127 Stat. 

13 420; 128 Stat. 314; 128 Stat. 3802) by striking 

14 ‘‘2021’’ and inserting ‘‘2023’’. 

15 (2) in section 209 (114 Stat. 824; 128 Stat. 

16 3802) by striking ‘‘2021’’ and inserting ‘‘2023’’. 

17 (h) Section 157(i) of Public Law 106–291, as amend18 ed (114 Stat. 967; 128 Stat. 3082), is further amended 

19 by striking ‘‘2021’’ and inserting ‘‘2023’’. 

20 (i) Section 7 of Public Law 106–319, as amended 

21 (114 Stat. 1284; 128 Stat. 3082), is further amended by 

22 striking ‘‘2021’’ and inserting ‘‘2023’’. 

23 (j) Section 811 of title VIII of appendix D of Public 

24 Law 106–554, as amended (114 Stat. 2763, 2763A–295; 


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1 128 Stat. 3802), is further amended by striking ‘‘2021’’ 

2 and inserting ‘‘2023’’. 

3 (k) Section 140(j) of Public Law 108–108, as amend4 ed (117 Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 

5 Stat. 778), is further amended by striking ‘‘2021’’ and 

6 inserting ‘‘2023’’. 

7 (l) Title II of Public Law 109–338 (54 U.S.C. 

8 320101 note; 120 Stat. 1787–1845), as amended, is fur9 ther amended— 

10 (1) in each of sections 208, 221, 240, 260, 269, 

11 289, 291J, 295L and 297H by striking ‘‘the date 

12 that is 15 years after the date of enactment of this 

13 Act’’ and inserting ‘‘September 30, 2023’’; and 

14 (2) in section 280B by striking ‘‘the day occur15 ring 15 years after the date of the enactment of this 

16 subtitle’’ and inserting ‘‘September 30, 2023’’. 

17 (m) Section 810(a)(1) of title VIII of division B of 

18 appendix D of Public Law 106–554, as amended (114 

19 Stat. 2763; 123 Stat. 1295; 131 Stat. 461; 133 Stat. 

20 2714), is further amended by striking ‘‘$14,000,000’’ and 

21 inserting ‘‘$16,000,000’’. 

22 (n) Section 125(a) of title IV of Public Law 109– 

23 338 (120 Stat. 1853) is amended by striking 

24 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 


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1 (o) Section 210(a) of title II of Public Law 106–278 

2 (114 Stat. 824) is amended by striking ‘‘$10,000,000’’ 

3 and inserting ‘‘$12,000,000’’. 

4 (p) Section 804(j) of division B of H.R. 5666 (Appen5 dix D) as enacted into law by section 1(a)(4) of Public 

6 Law 106–554, as amended (54 U.S.C. 320101 note; 114 

7 Stat. 2763, 2763A–295; 123 Stat. 1294; 128 Stat. 3802; 

8 131 Stat. 461; 133 Stat. 2714), is further amended by 

9 striking ‘‘September 30, 2021’’ and inserting ‘‘September 

10 30, 2037’’. 

11 (q) Section 295D(d) of Public Law 109–338, as 

12 amended (54 U.S.C. 320101 note; 120 Stat. 1833; 130 

13 Stat. 962), is further amended by striking ‘‘15 years after 

14 the date of enactment of this Act’’ and inserting ‘‘on Sep15 tember 30, 2037’’. 

16 STUDY FOR SELMA TO MONTGOMERY NATIONAL HISTORIC

17 TRAIL

18 SEC. 118. (a) STUDY.—The Secretary of the Interior 

19 (Secretary) shall conduct a study to evaluate— 

20 (1) resources associated with the 1965 Voting 

21 Rights March from Selma to Montgomery not cur22 rently part of the Selma to Montgomery National 

23 Historic Trail (Trail) (16 U.S.C. 1244(a)(20)) that 

24 would be appropriate for addition to the Trail; and 


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1 (2) the potential designation of the Trail as a 

2 unit of the National Park System instead of, or in 

3 addition to, remaining a designated part of the Na4 tional Trails System. 

5 (b) REPORT.—Not later than one year after the date 

6 of enactment of this Act, the Secretary shall submit to 

7 the House and Senate Committees on Appropriations, the 

8 Committee on Natural Resources of the House of Rep9 resentatives and the Committee on Energy and Natural 

10 Resources of the Senate a report that describes the results 

11 of the study and the conclusions and recommendations of 

12 the study. 

13 (c) LAND ACQUISITION.—The Secretary is author14 ized, subject to the availability of appropriations and at 

15 her discretion, to acquire property or interests therein lo16 cated in the city of Selma, Alabama and generally depicted 

17 on the map entitled, ‘‘Selma to Montgomery NHT Pro18 posed Addition,’’ numbered 628/177376 and dated Sep19 tember 14, 2021, with the consent of the owner, for the 

20 benefit of the Selma to Montgomery National Historic 

21 Trail and to further the purpose for which the trail has 

22 been established. 

23 DECOMMISSIONING ACCOUNT

24 SEC. 119. The fifth and sixth provisos under the 

25 amended heading ‘‘Royalty and Offshore Minerals ManVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 agement’’ for the Minerals Management Service in Public 

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

3 1338a) are further amended by striking and replacing 

4 them with: ‘‘Provided further, That notwithstanding sec5 tion 3302 of title 31, any moneys hereafter received as 

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

7 an Outer Continental Shelf permittee, lessee, or right-of8 way holder that does not fulfill the requirements of its per9 mit, lease, or right-of-way or does not comply with the reg10 ulations of the Secretary, or as a bankruptcy distribution 

11 or settlement associated with such failure or noncompli12 ance, shall be credited to a separate account established 

13 in the Treasury for decommissioning activities and shall 

14 be available to the Bureau of Ocean Energy Management 

15 without further appropriation or fiscal year limitation to 

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

17 protection, rehabilitation, or decommissioning work ren18 dered necessary by the action or inaction that led to the 

19 forfeiture or bankruptcy distribution or settlement, to re20 main available until expended: Provided further, That 

21 amounts deposited into the decommissioning account may 

22 be allocated to the Bureau of Safety and Environmental 

23 Enforcement for such costs: Provided further, That any 

24 moneys received for such costs currently held in the Ocean 

25 Energy Management account shall be transferred to the 


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1 decommissioning account: Provided further, That any por2 tion of the moneys so credited shall be returned to the 

3 bankruptcy estate, permittee, lessee, or right-of-way hold4 er to the extent that the money is in excess of the amount 

5 expended in performing the work necessitated by the ac6 tion or inaction which led to their receipt or, if the bond 

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

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

9 BORDER MITIGATION

10 SEC. 120. The Secretary of the Interior is authorized 

11 to accept transfers of funds from the Secretary of Home12 land Security for mitigation activities, including land ac13 quisition, related to construction of border barriers on 

14 Federal lands and to supplement any other funding avail15 able for reconstruction or repair of roads owned by the 

16 Bureau of Indian Affairs as identified on the National 

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

18 202(b)(1). 

19 APPRAISER PAY AUTHORITY

20 SEC. 121. For fiscal year 2022, funds made available 

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

22 the Department of the Interior for the Appraisal and 

23 Valuation Services Office may be used by the Secretary 

24 of the Interior to establish higher minimum rates of basic 

25 pay for employees of the Department of the Interior in 


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

2 15 carrying out appraisals of real property and appraisal 

3 reviews conducted in support of the Department’s realty 

4 programs at rates no greater than 15 percent above the 

5 minimum rates of basic pay normally scheduled, and such 

6 higher rates shall be consistent with subsections (e) 

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


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1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

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

8 1980; necessary expenses for personnel and related costs 

9 and travel expenses; procurement of laboratory equipment 

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

11 purchase, lease, operation, maintenance, and acquisition 

12 of unmanned aircraft; and other operating expenses in 

13 support of research and development, $803,174,000, to re14 main available until September 30, 2023: Provided, That 

15 of the funds included under this heading, $12,430,000 

16 shall be for Research: National Priorities as specified in 

17 the explanatory statement accompanying this Act, of 

18 which $3,930,000 shall be for projects specified for 

19 Science and Technology in the table that appears under 

20 the heading ‘‘Congressionally Directed Spending’’ in the 

21 explanatory statement accompanying this Act. 

22 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

23 For environmental programs and management, in24 cluding necessary expenses not otherwise provided for, for 

25 personnel and related costs and travel expenses; hire of 


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1 passenger motor vehicles; hire, maintenance, and oper2 ation of aircraft; purchase of reprints; library member3 ships in societies or associations which issue publications 

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

5 subscribers who are not members; administrative costs of 

6 the brownfields program under the Small Business Liabil7 ity Relief and Brownfields Revitalization Act of 2002; im8 plementation of a coal combustion residual permit pro9 gram under section 2301 of the Water and Waste Act of 

10 2016; and not to exceed $9,000 for official reception and 

11 representation expenses, $3,238,374,000, to remain avail12 able until September 30, 2023: Provided, That of the 

13 funds included under this heading, $25,700,000 shall be 

14 for Environmental Protection: National Priorities as speci15 fied in the explanatory statement accompanying this Act: 

16 Provided further, That of the funds included under this 

17 heading, $596,544,000 shall be for Geographic Programs 

18 specified in the explanatory statement accompanying this 

19 Act. 

20 In addition, $9,000,000 to remain available until ex21 pended, for necessary expenses of activities described in 

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

23 U.S.C. 2625(b)(1)): Provided, That fees collected pursu24 ant to that section of that Act and deposited in the ‘‘TSCA 

25 Service Fee Fund’’ as discretionary offsetting receipts in 


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1 fiscal year 2022 shall be retained and used for necessary 

2 salaries and expenses in this appropriation and shall re3 main available until expended: Provided further, That the 

4 sum herein appropriated in this paragraph from the gen5 eral fund for fiscal year 2022 shall be reduced by the 

6 amount of discretionary offsetting receipts received during 

7 fiscal year 2022, so as to result in a final fiscal year 2022 

8 appropriation from the general fund estimated at not more 

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

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

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

12 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re13 ceipts in fiscal year 2022, shall be retained and used for 

14 necessary salaries and expenses in this account, and shall 

15 remain available until expended: Provided further, That of 

16 the funds included in the first paragraph under this head17 ing, the Chemical Risk Review and Reduction program 

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

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

20 of appropriations for that program project for fiscal year 

21 2014. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 


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1 General Act of 1978, $52,000,000, to remain available 

2 until September 30, 2023. 

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of, 

6 or for use by, the Environmental Protection Agency, 

7 $62,752,000, to remain available until expended. 

8 HAZARDOUS SUBSTANCE SUPERFUND

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses to carry out the Comprehen11 sive Environmental Response, Compensation, and Liabil12 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

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

14 maintenance, and operation of aircraft, $1,340,908,000, 

15 to remain available until expended, consisting of such 

16 sums as are available in the Trust Fund on September 

17 30, 2021, as authorized by section 517(a) of the Super18 fund Amendments and Reauthorization Act of 1986 

19 (SARA) and up to $1,340,908,000 as a payment from 

20 general revenues to the Hazardous Substance Superfund 

21 for purposes as authorized by section 517(b) of SARA: 

22 Provided, That funds appropriated under this heading 

23 may be allocated to other Federal agencies in accordance 

24 with section 111(a) of CERCLA: Provided further, That 

25 of the funds appropriated under this heading, 


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1 $11,800,000 shall be paid to the ‘‘Office of Inspector Gen2 eral’’ appropriation to remain available until September 

3 30, 2023, and $30,985,000 shall be paid to the ‘‘Science 

4 and Technology’’ appropriation to remain available until 

5 September 30, 2023. 

6 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

7 PROGRAM

8 For necessary expenses to carry out leaking under9 ground storage tank cleanup activities authorized by sub10 title I of the Solid Waste Disposal Act, $92,376,000, to 

11 remain available until expended, of which $67,007,000 

12 shall be for carrying out leaking underground storage tank 

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

14 Solid Waste Disposal Act; $25,369,000 shall be for car15 rying out the other provisions of the Solid Waste Disposal 

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

17 Code: Provided, That the Administrator is authorized to 

18 use appropriations made available under this heading to 

19 implement section 9013 of the Solid Waste Disposal Act 

20 to provide financial assistance to federally recognized In21 dian tribes for the development and implementation of 

22 programs to manage underground storage tanks. 

23 INLAND OIL SPILL PROGRAMS

24 For expenses necessary to carry out the Environ25 mental Protection Agency’s responsibilities under the Oil 


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

2 operation of aircraft, $22,409,000, to be derived from the 

3 Oil Spill Liability trust fund, to remain available until ex4 pended. 

5 STATE AND TRIBAL ASSISTANCE GRANTS

6 For environmental programs and infrastructure as7 sistance, including capitalization grants for State revolv8 ing funds and performance partnership grants, 

9 $4,848,948,000, to remain available until expended, of 

10 which— 

11 (1) $1,688,826,000 shall be for making capital12 ization grants for the Clean Water State Revolving 

13 Funds under title VI of the Federal Water Pollution 

14 Control Act; and of which $1,176,088,000 shall be 

15 for making capitalization grants for the Drinking 

16 Water State Revolving Funds under section 1452 of 

17 the Safe Drinking Water Act: Provided, That for fis18 cal year 2022, to the extent there are sufficient eligi19 ble project applications and projects are consistent 

20 with State Intended Use Plans, not less than 10 per21 cent of the funds made available under this title to 

22 each State for Clean Water State Revolving Fund 

23 capitalization grants shall be used by the State for 

24 projects to address green infrastructure, water or 

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1 mentally innovative activities: Provided further, That 

2 for fiscal year 2022, funds made available under this 

3 title to each State for Drinking Water State Revolv4 ing Fund capitalization grants may, at the discretion 

5 of each State, be used for projects to address green 

6 infrastructure, water or energy efficiency improve7 ments, or other environmentally innovative activities: 

8 Provided further, That the Administrator is author9 ized to use up to $1,500,000 of funds made available 

10 for the Clean Water State Revolving Funds under 

11 this heading under Title VI of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1381) to conduct 

13 the Clean Watersheds Needs Survey: Provided fur14 ther, That notwithstanding section 603(d)(7) of the 

15 Federal Water Pollution Control Act, the limitation 

16 on the amounts in a State water pollution control re17 volving fund that may be used by a State to admin18 ister the fund shall not apply to amounts included 

19 as principal in loans made by such fund in fiscal 

20 year 2022 and prior years where such amounts rep21 resent costs of administering the fund to the extent 

22 that such amounts are or were deemed reasonable by 

23 the Administrator, accounted for separately from 

24 other assets in the fund, and used for eligible pur25 poses of the fund, including administration: Provided 


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1 further, That for fiscal year 2022, notwithstanding 

2 the provisions of subsections (g)(1), (h), and (l) of 

3 section 201 of the Federal Water Pollution Control 

4 Act, grants made under title II of such Act for 

5 American Samoa, Guam, the Commonwealth of the 

6 Northern Marianas, the United States Virgin Is7 lands, and the District of Columbia may also be 

8 made for the purpose of providing assistance: (1) 

9 solely for facility plans, design activities, or plans, 

10 specifications, and estimates for any proposed 

11 project for the construction of treatment works; and 

12 (2) for the construction, repair, or replacement of 

13 privately owned treatment works serving one or 

14 more principal residences or small commercial estab15 lishments: Provided further, That for fiscal year 

16 2022, notwithstanding the provisions of such sub17 sections (g)(1), (h), and (l) of section 201 and sec18 tion 518(c) of the Federal Water Pollution Control 

19 Act, funds reserved by the Administrator for grants 

20 under section 518(c) of the Federal Water Pollution 

21 Control Act may also be used to provide assistance: 

22 (1) solely for facility plans, design activities, or 

23 plans, specifications, and estimates for any proposed 

24 project for the construction of treatment works; and 

25 (2) for the construction, repair, or replacement of 


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1 privately owned treatment works serving one or 

2 more principal residences or small commercial estab3 lishments: Provided further, That for fiscal year 

4 2022, notwithstanding any provision of the Federal 

5 Water Pollution Control Act and regulations issued 

6 pursuant thereof, up to a total of $2,000,000 of the 

7 funds reserved by the Administrator for grants 

8 under section 518(c) of such Act may also be used 

9 for grants for training, technical assistance, and 

10 educational programs relating to the operation and 

11 management of the treatment works specified in sec12 tion 518(c) of such Act: Provided further, That for 

13 fiscal year 2022, funds reserved under section 

14 518(c) of such Act shall be available for grants only 

15 to Indian tribes, as defined in section 518(h) of such 

16 Act and former Indian reservations in Oklahoma (as 

17 determined by the Secretary of the Interior) and Na18 tive Villages as defined in Public Law 92–203: Pro19 vided further, That for fiscal year 2022, notwith20 standing the limitation on amounts in section 518(c) 

21 of the Federal Water Pollution Control Act, up to a 

22 total of 2 percent of the funds appropriated, or 

23 $30,000,000, whichever is greater, and notwith24 standing the limitation on amounts in section 

25 1452(i) of the Safe Drinking Water Act, up to a 


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1 total of 2 percent of the funds appropriated, or 

2 $20,000,000, whichever is greater, for State Revolv3 ing Funds under such Acts may be reserved by the 

4 Administrator for grants under section 518(c) and 

5 section 1452(i) of such Acts: Provided further, That 

6 for fiscal year 2022, notwithstanding the amounts 

7 specified in section 205(c) of the Federal Water Pol8 lution Control Act, up to 1.5 percent of the aggre9 gate funds appropriated for the Clean Water State 

10 Revolving Fund program under the Act less any 

11 sums reserved under section 518(c) of the Act, may 

12 be reserved by the Administrator for grants made 

13 under title II of the Federal Water Pollution Control 

14 Act for American Samoa, Guam, the Commonwealth 

15 of the Northern Marianas, and United States Virgin 

16 Islands: Provided further, That for fiscal year 2022, 

17 notwithstanding the limitations on amounts specified 

18 in section 1452(j) of the Safe Drinking Water Act, 

19 up to 1.5 percent of the funds appropriated for the 

20 Drinking Water State Revolving Fund programs 

21 under the Safe Drinking Water Act may be reserved 

22 by the Administrator for grants made under section 

23 1452(j) of the Safe Drinking Water Act: Provided 

24 further, That 10 percent of the funds made available 

25 under this title to each State for Clean Water State 


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1 Revolving Fund capitalization grants and 14 percent 

2 of the funds made available under this title to each 

3 State for Drinking Water State Revolving Fund cap4 italization grants shall be used by the State to pro5 vide additional subsidy to eligible recipients in the 

6 form of forgiveness of principal, negative interest 

7 loans, or grants (or any combination of these), and 

8 shall be so used by the State only where such funds 

9 are provided as initial financing for an eligible re10 cipient or to buy, refinance, or restructure the debt 

11 obligations of eligible recipients only where such debt 

12 was incurred on or after the date of enactment of 

13 this Act, or where such debt was incurred prior to 

14 the date of enactment of this Act if the State, with 

15 concurrence from the Administrator, determines that 

16 such funds could be used to help address a threat 

17 to public health from heightened exposure to lead in 

18 drinking water or if a Federal or State emergency 

19 declaration has been issued due to a threat to public 

20 health from heightened exposure to lead in a munic21 ipal drinking water supply before the date of enact22 ment of this Act: Provided further, That in a State 

23 in which such an emergency declaration has been 

24 issued, the State may use more than 14 percent of 

25 the funds made available under this title to the 


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1 State for Drinking Water State Revolving Fund cap2 italization grants to provide additional subsidy to eli3 gible recipients: Provided further, That notwith4 standing section 1452(o) of the Safe Drinking Water 

5 Act (42 U.S.C. 300j–12(o)), the Administrator shall 

6 reserve $12,000,000 of the amounts made available 

7 for fiscal year 2022 for making capitalization grants 

8 for the Drinking Water State Revolving Funds to 

9 pay the costs of monitoring for unregulated contami10 nants under section 1445(a)(2)(C) of such Act: Pro11 vided further, That notwithstanding any other provi12 sion of law, of the funds appropriated under this 

13 heading for capitalization grants for the State Re14 volving Funds, the Administrator may reserve up to 

15 $20,000,000 of the total amount appropriated for 

16 salaries, expenses, and administration for Water and 

17 Wastewater Infrastructure grants identified in sec18 tion 421 of this Act; 

19 (2) $35,000,000 shall be for architectural, engi20 neering, planning, design, construction and related 

21 activities in connection with the construction of high 

22 priority water and wastewater facilities in the area 

23 of the United States-Mexico Border, after consulta24 tion with the appropriate border commission: Pro25 vided, That no funds provided by this appropriations 


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1 Act to address the water, wastewater and other crit2 ical infrastructure needs of the colonias in the 

3 United States along the United States-Mexico bor4 der shall be made available to a county or municipal 

5 government unless that government has established 

6 an enforceable local ordinance, or other zoning rule, 

7 which prevents in that jurisdiction the development 

8 or construction of any additional colonia areas, or 

9 the development within an existing colonia the con10 struction of any new home, business, or other struc11 ture which lacks water, wastewater, or other nec12 essary infrastructure; 

13 (3) $39,186,000 shall be for grants to the State 

14 of Alaska to address drinking water and wastewater 

15 infrastructure needs of rural and Alaska Native Vil16 lages: Provided, That of these funds: (A) the State 

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

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

19 for administrative and overhead expenses; and (C) 

20 the State of Alaska shall make awards consistent 

21 with the Statewide priority list established in con22 junction with the Agency and the U.S. Department 

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

24 and similar projects carried out by the State of Alas25 ka that are funded under section 221 of the Federal 


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

2 the Consolidated Farm and Rural Development Act 

3 (7 U.S.C. 1921 et seq.) which shall allocate not less 

4 than 25 percent of the funds provided for projects 

5 in regional hub communities; 

6 (4) $126,000,000 shall be to carry out section 

7 104(k) of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 

9 (CERCLA), including grants, interagency agree10 ments, and associated program support costs: Pro11 vided, That at least 10 percent shall be allocated for 

12 assistance in persistent poverty counties: Provided 

13 further, That for purposes of this section, the term 

14 ‘‘persistent poverty counties’’ means any county that 

15 has had 20 percent or more of its population living 

16 in poverty over the past 30 years, as measured by 

17 the 1990 and 2000 decennial censuses and the most 

18 recent Small Area Income and Poverty Estimates, or 

19 any territory or possession of the United States; 

20 (5) $142,000,000 shall be for grants under title 

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

22 (6) $59,000,000 shall be for targeted airshed 

23 grants in accordance with the terms and conditions 

24 in the explanatory statement accompanying this Act; 


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1 (7) $38,930,000 shall be for grants under sub2 sections (a) through (j) of section 1459A of the Safe 

3 Drinking Water Act (42 U.S.C. 300j–19a); 

4 (8) $35,000,000 shall be for grants under sec5 tion 1464(d) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–24(d)); 

7 (9) $72,000,000 shall be for grants under sec8 tion 1459B of the Safe Drinking Water Act (42 

9 U.S.C. 300j–19b); 

10 (10) $9,000,000 shall be for grants under sec11 tion 1459A(l) of the Safe Drinking Water Act (42 

12 U.S.C. 300j–19a(l)); 

13 (11) $20,000,000 shall be for grants under sec14 tion 104(b)(8) of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1254(b)(8)); 

16 (12) $56,000,000 shall be for grants under sec17 tion 221 of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1301); 

19 (13) $5,000,000 shall be for grants under sec20 tion 4304(b) of the America’s Water Infrastructure 

21 Act of 2018 (Public Law 115–270); 

22 (14) $10,000,000 shall be for grants to States, 

23 federally recognized Tribes, public pre-schools, local 

24 educational agencies as defined in 20 U.S.C. 

25 7801(30), and non-profit organizations, for assessVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 ment, prevention, control, or abatement of wildfire 

2 smoke hazards in community buildings including 

3 schools as defined in 20 U.S.C. 3610(6), and related 

4 activities: Provided, That the Federal share of the 

5 costs of such activities shall not exceed 90 percent: 

6 Provided further, That the Administrator may waive 

7 such cost share requirement in the case of facilities 

8 located in economically distressed communities: Pro9 vided further, That no State may receive more than 

10 25 percent of the grant funding made available 

11 under this paragraph during this fiscal year; 

12 (15) $100,000,000 shall be for competitive en13 vironmental justice implementation and training 

14 grants, except as may be specifically restricted 

15 below, for non-profit organizations, including non16 profit institutions of higher education, Tribes, State 

17 and local governments, and any other eligible enti18 ties as determined by the Administrator under the 

19 following programs as appropriate: (A) Environ20 mental Justice grants to reduce the disproportionate 

21 or adverse health impacts of environmental pollution 

22 that affect underserved communities or other af23 fected communities; (B) Environmental Justice 

24 Community grants to local governments and non25 profit organizations to reduce the disproportionate 


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1 or adverse health impacts of environmental pollution 

2 that affect underserved communities or other af3 fected communities; (C) Environmental Justice 

4 grants to States to create or support state environ5 mental justice programs; (D) Environmental Justice 

6 grants to Tribes or intertribal consortia to support 

7 tribal work to address the disproportionate or ad8 verse human health impacts of environmental pollu9 tion in tribal and indigenous communities; (E) Com10 munity-based Participatory Research grants for in11 stitutions of higher education to develop partner12 ships with community-based organizations to im13 prove the health or address health issues of residents 

14 and workers in communities affected by environ15 mental pollution; and (F) Environmental Justice 

16 Training grants to nonprofit organizations or insti17 tutions of higher education for multi-media or single 

18 media activities to increase the capacity of residents 

19 of underserved communities to identify and address 

20 the disproportionate or adverse human health or en21 vironmental effects of environmental pollution affect22 ing those communities; and 

23 (16) $1,236,918,000 shall be for grants, includ24 ing associated program support costs, to States, fed25 erally recognized Tribes, interstate agencies, tribal 


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1 consortia, and air pollution control agencies for 

2 multi-media or single media pollution prevention, 

3 control and abatement, and related activities, includ4 ing activities pursuant to the provisions set forth 

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

6 making grants under section 103 of the Clean Air 

7 Act for particulate matter monitoring and data col8 lection activities subject to terms and conditions 

9 specified by the Administrator, and under section 

10 2301 of the Water and Waste Act of 2016 to assist 

11 States in developing and implementing programs for 

12 control of coal combustion residuals, of which: 

13 $46,195,000 shall be for carrying out section 128 of 

14 CERCLA; $9,523,000 shall be for Environmental 

15 Information Exchange Network grants, including as16 sociated program support costs; $1,505,000 shall be 

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

18 Solid Waste Disposal Act, which shall be in addition 

19 to funds appropriated under the heading ‘‘Leaking 

20 Underground Storage Tank Trust Fund Program’’ 

21 to carry out the provisions of the Solid Waste Dis22 posal Act specified in section 9508(c) of the Internal 

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

24 Solid Waste Disposal Act; $18,000,000 of the funds 

25 available for grants under section 106 of the Federal 


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1 Water Pollution Control Act shall be for State par2 ticipation in national- and State-level statistical sur3 veys of water resources and enhancements to State 

4 monitoring programs; $5,000,000 shall be for multi5 purpose grants, including interagency agreements, in 

6 accordance with the terms and conditions described 

7 in the explanatory statement accompanying this Act; 

8 $10,000,000 of the funds available for grants for 

9 hazardous waste financial assistance shall be for car10 rying out section 302(a) of the Save Our Seas 2.0 

11 Act (33 U.S.C. 4283(a)), including up to 2 percent 

12 of this amount for the Environmental Protection 

13 Agency’s administrative costs: Provided, That not14 withstanding section 302(a) of such Act, the Admin15 istrator may also provide grants pursuant to such 

16 authority to intertribal consortia consistent with the 

17 requirements in 40 CFR 35.504(a), to former In18 dian reservations in Oklahoma (as determined by the 

19 Secretary of the Interior), and Alaska Native Vil20 lages as defined in Public Law 92–203. 

21 WATER INFRASTRUCTURE FINANCE AND INNOVATION

22 PROGRAM ACCOUNT

23 For the cost of direct loans and for the cost of guar24 anteed loans, as authorized by the Water Infrastructure 

25 Finance and Innovation Act of 2014, $72,108,000, to reVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 main available until expended: Provided, That such costs, 

2 including the cost of modifying such loans, shall be as de3 fined in section 502 of the Congressional Budget Act of 

4 1974: Provided further, That these funds are available to 

5 subsidize gross obligations for the principal amount of di6 rect loans, including capitalized interest, and total loan 

7 principal, including capitalized interest, any part of which 

8 is to be guaranteed, not to exceed $12,500,000,000: Pro9 vided further, That of the funds made available under this 

10 heading, $5,000,000 shall be used solely for the cost of 

11 direct loans and for the cost of guaranteed loans for 

12 projects described in section 5026(9) of the Water Infra13 structure Finance and Innovation Act of 2014 to State 

14 infrastructure financing authorities, as authorized by sec15 tion 5033(e) of such Act: Provided further, That the use 

16 of direct loans or loan guarantee authority under this 

17 heading for direct loans or commitments to guarantee 

18 loans for any project shall be in accordance with the cri19 teria published in the Federal Register on June 30, 2020 

20 (85 FR 39189) pursuant to the fourth proviso under the 

21 heading ‘‘Water Infrastructure Finance and Innovation 

22 Program Account’’ in division D of the Further Consoli23 dated Appropriations Act, 2020 (Public Law 116–94): 

24 Provided further, That none of the direct loans or loan 

25 guarantee authority made available under this heading 


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1 shall be available for any project unless the Administrator 

2 and the Director of the Office of Management and Budget 

3 have certified in advance in writing that the direct loan 

4 or loan guarantee, as applicable, and the project comply 

5 with the criteria referenced in the previous proviso: Pro6 vided further, That, for the purposes of carrying out the 

7 Congressional Budget Act of 1974, the Director of the 

8 Congressional Budget Office may request, and the Admin9 istrator shall promptly provide, documentation and infor10 mation relating to a project identified in a Letter of Inter11 est submitted to the Administrator pursuant to a Notice 

12 of Funding Availability for applications for credit assist13 ance under the Water Infrastructure Finance and Innova14 tion Act Program, including with respect to a project that 

15 was initiated or completed before the date of enactment 

16 of this Act. 

17 In addition, fees authorized to be collected pursuant 

18 to sections 5029 and 5030 of the Water Infrastructure 

19 Finance and Innovation Act of 2014 shall be deposited 

20 in this account, to remain available until expended. 

21 In addition, for administrative expenses to carry out 

22 the direct and guaranteed loan programs, notwithstanding 

23 section 5033 of the Water Infrastructure Finance and In24 novation Act of 2014, $8,000,000, to remain available 

25 until September 30, 2023. 


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1 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

2 PROTECTION AGENCY

3 (INCLUDING TRANSFERS OF FUNDS)

4 For fiscal year 2022, notwithstanding 31 U.S.C. 

5 6303(1) and 6305(1), the Administrator of the Environ6 mental Protection Agency, in carrying out the Agency’s 

7 function to implement directly Federal environmental pro8 grams required or authorized by law in the absence of an 

9 acceptable tribal program, may award cooperative agree10 ments to federally recognized Indian tribes or Intertribal 

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

12 the Administrator in implementing Federal environmental 

13 programs for Indian tribes required or authorized by law, 

14 except that no such cooperative agreements may be award15 ed from funds designated for State financial assistance 

16 agreements. 

17 The Administrator of the Environmental Protection 

18 Agency is authorized to collect and obligate pesticide reg19 istration service fees in accordance with section 33 of the 

20 Federal Insecticide, Fungicide, and Rodenticide Act (7 

21 U.S.C. 136w–8). 

22 Notwithstanding section 33(d)(2) of the Federal In23 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

24 U.S.C. 136w–8(d)(2)), the Administrator of the EnvironVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 mental Protection Agency may assess fees under section 

2 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2022. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate fees in accord5 ance with section 3024 of the Solid Waste Disposal Act 

6 (42 U.S.C. 6939g) for fiscal year 2022, to remain avail7 able until expended. 

8 The Administrator is authorized to transfer up to 

9 $350,000,000 of the funds appropriated for the Great 

10 Lakes Restoration Initiative under the heading ‘‘Environ11 mental Programs and Management’’ to the head of any 

12 Federal department or agency, with the concurrence of 

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

14 Great Lakes Restoration Initiative and Great Lakes 

15 Water Quality Agreement programs, projects, or activities; 

16 to enter into an interagency agreement with the head of 

17 such Federal department or agency to carry out these ac18 tivities; and to make grants to governmental entities, non19 profit organizations, institutions, and individuals for plan20 ning, research, monitoring, outreach, and implementation 

21 in furtherance of the Great Lakes Restoration Initiative 

22 and the Great Lakes Water Quality Agreement. 

23 The Science and Technology, Environmental Pro24 grams and Management, Office of Inspector General, Haz25 ardous Substance Superfund, and Leaking Underground 


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1 Storage Tank Trust Fund Program Accounts, are avail2 able for the construction, alteration, repair, rehabilitation, 

3 and renovation of facilities, provided that the cost does 

4 not exceed $150,000 per project. 

5 For fiscal year 2022, and notwithstanding section 

6 518(f) of the Federal Water Pollution Control Act (33 

7 U.S.C. 1377(f)), the Administrator is authorized to use 

8 the amounts appropriated for any fiscal year under section 

9 319 of the Act to make grants to Indian tribes pursuant 

10 to sections 319(h) and 518(e) of that Act. 

11 The Administrator is authorized to use the amounts 

12 appropriated under the heading ‘‘Environmental Pro13 grams and Management’’ for fiscal year 2022 to provide 

14 grants to implement the Southeastern New England Wa15 tershed Restoration Program. 

16 Notwithstanding the limitations on amounts in sec17 tion 320(i)(2)(B) of the Federal Water Pollution Control 

18 Act, not less than $2,000,000 of the funds made available 

19 under this title for the National Estuary Program shall 

20 be for making competitive awards described in section 

21 320(g)(4). 

22 Section 122(b)(3) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9622(b)(3)), shall be applied by inserting 


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1 before the period: ‘‘, including for the hire, maintenance, 

2 and operation of aircraft.’’. 

3 The Environmental Protection Agency Working Cap4 ital Fund, established by Public Law 104–204 (42 U.S.C. 

5 4370e), is available for expenses and equipment necessary 

6 for modernization and development of information tech7 nology of, or for use by, the Environmental Protection 

8 Agency. 

9 For fiscal years 2022 through 2026, the Office of 

10 Chemical Safety and Pollution Prevention and the Office 

11 of Water may, using funds appropriated under the head12 ings ‘‘Environmental Programs and Management’’ and 

13 ‘‘Science and Technology’’, contract directly with individ14 uals or indirectly with institutions or nonprofit organiza15 tions, without regard to 41 U.S.C. 5, for the temporary 

16 or intermittent personal services of students or recent 

17 graduates, who shall be considered employees for the pur18 poses of chapters 57 and 81 of title 5, United States Code, 

19 relating to compensation for travel and work injuries, and 

20 chapter 171 of title 28, United States Code, relating to 

21 tort claims, but shall not be considered to be Federal em22 ployees for any other purpose: Provided, That amounts 

23 used for this purpose by the Office of Chemical Safety and 

24 Pollution Prevention and the Office of Water collectively 

25 may not exceed $2,000,000. 


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1 For this fiscal year and each fiscal year thereafter, 

2 the Administrator may, after consultation with the Office 

3 of Personnel Management, employ up to seventy-five per4 sons at any one time in the Office of Research and Devel5 opment and twenty-five persons at any one time in the 

6 Office of Chemical Safety and Pollution Prevention under 

7 the authority provided in 42 U.S.C. 209. 


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1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 OFFICE OF THE UNDER SECRETARY FOR NATURAL

5 RESOURCES AND ENVIRONMENT

6 For necessary expenses of the Office of the Under 

7 Secretary for Natural Resources and Environment, 

8 $1,000,000: Provided, That funds made available by this 

9 Act to any agency in the Natural Resources and Environ10 ment mission area for salaries and expenses are available 

11 to fund up to one administrative support staff for the of12 fice. 

13 FOREST SERVICE

14 FOREST SERVICE OPERATIONS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Forest Service, not 

17 otherwise provided for, $1,074,086,000, to remain avail18 able through September 30, 2025: Provided, That a por19 tion of the funds made available under this heading shall 

20 be for the base salary and expenses of employees in the 

21 Chief’s Office, the Work Environment and Performance 

22 Office, the Business Operations Deputy Area, and the 

23 Chief Financial Officer’s Office to carry out administra24 tive and general management support functions: Provided 

25 further, That funds provided under this heading shall be 


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1 available for the costs of facility maintenance, repairs, and 

2 leases for buildings and sites where these administrative, 

3 general management and other Forest Service support 

4 functions take place; the costs of all utility and tele5 communication expenses of the Forest Service, as well as 

6 business services; and, for information technology, includ7 ing cyber security requirements: Provided further, That 

8 funds provided under this heading may be used for nec9 essary expenses to carry out administrative and general 

10 management support functions of the Forest Service not 

11 otherwise provided for and necessary for its operation. 

12 FOREST AND RANGELAND RESEARCH

13 For necessary expenses of forest and rangeland re14 search as authorized by law, $315,009,000, to remain 

15 available through September 30, 2025: Provided, That of 

16 the funds provided, $20,000,000 is for the forest inventory 

17 and analysis program: Provided further, That all authori18 ties for the use of funds, including the use of contracts, 

19 grants, and cooperative agreements, available to execute 

20 the Forest and Rangeland Research appropriation, are 

21 also available in the utilization of these funds for Fire 

22 Science Research. 

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with and pro25 viding technical and financial assistance to States, terriVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 tories, possessions, and others, and for forest health man2 agement, and conducting an international program and 

3 trade compliance activities as authorized, $344,221,000, 

4 to remain available through September 30, 2025, as au5 thorized by law, of which $22,479,000 shall be for projects 

6 specified for Forest Resource Information and Analysis in 

7 the table that appears under the heading ‘‘Congressionally 

8 Directed Spending’’ in the explanatory statement accom9 panying this Act. 

10 NATIONAL FOREST SYSTEM

11 For necessary expenses of the Forest Service, not 

12 otherwise provided for, for management, protection, im13 provement, and utilization of the National Forest System, 

14 and for hazardous fuels management on or adjacent to 

15 such lands, $2,214,000,000, to remain available through 

16 September 30, 2025: Provided, That of the funds pro17 vided, $80,000,000 shall be deposited in the Collaborative 

18 Forest Landscape Restoration Fund for ecological restora19 tion treatments as authorized by 16 U.S.C. 7303(f) and 

20 shall be available without limitation on the number or lo21 cation of proposals funded during any fiscal year under 

22 16 U.S.C. 7303(d)(3): Provided further, That of the funds 

23 provided, $42,000,000 shall be for forest products: Pro24 vided further, That of the funds provided, $360,000,000 

25 shall be for hazardous fuels management activities, of 


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1 which $20,000,000 shall be used to make grants, using 

2 any authorities available to the Forest Service under the 

3 ‘‘State and Private Forestry’’ appropriation, for the pur4 pose of creating incentives for increased use of biomass 

5 from National Forest System lands: Provided further, 

6 That of the funds deposited in the Collaborative Forest 

7 Landscape Restoration Fund, $5,000,000 shall be used to 

8 make grants to local collaborative groups, using any au9 thorities available to the Forest Service under the ‘‘State 

10 and Private Forestry’’ appropriation, for the purpose of 

11 increasing capacity to collaborate on matters relating to 

12 projects on National Forest System lands or projects on 

13 cooperative lands that would benefit the National Forest 

14 System: Provided further, That $20,000,000 may be used 

15 by the Secretary of Agriculture to enter into procurement 

16 contracts or cooperative agreements or to issue grants for 

17 hazardous fuels management activities, and for training 

18 or monitoring associated with such hazardous fuels man19 agement activities on Federal land, or on non-Federal land 

20 if the Secretary determines such activities benefit re21 sources on Federal land: Provided further, That funds 

22 made available to implement the Community Forest Res23 toration Act, Public Law 106–393, title VI, shall be avail24 able for use on non-Federal lands in accordance with au25 thorities made available to the Forest Service under the 


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1 ‘‘State and Private Forestry’’ appropriation: Provided fur2 ther, That notwithstanding section 33 of the Bankhead 

3 Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary 

4 of Agriculture, in calculating a fee for grazing on a Na5 tional Grassland, may provide a credit of up to 50 percent 

6 of the calculated fee to a Grazing Association or direct 

7 permittee for a conservation practice approved by the Sec8 retary in advance of the fiscal year in which the cost of 

9 the conservation practice is incurred, and that the amount 

10 credited shall remain available to the Grazing Association 

11 or the direct permittee, as appropriate, in the fiscal year 

12 in which the credit is made and each fiscal year thereafter 

13 for use on the project for conservation practices approved 

14 by the Secretary: Provided further, That funds appro15 priated to this account shall be available for the base sal16 ary and expenses of employees that carry out the functions 

17 funded by the ‘‘Capital Improvement and Maintenance’’ 

18 account, the ‘‘Range Betterment Fund’’ account, and the 

19 ‘‘Management of National Forest Lands for Subsistence 

20 Uses’’ account. 

21 CAPITAL IMPROVEMENT AND MAINTENANCE

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Forest Service, not 

24 otherwise provided for, $200,867,000, to remain available 

25 through September 30, 2025, for construction, capital imVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 provement, maintenance, and acquisition of buildings and 

2 other facilities and infrastructure; and for construction, 

3 reconstruction, decommissioning of roads that are no 

4 longer needed, including unauthorized roads that are not 

5 part of the transportation system, and maintenance of for6 est roads and trails by the Forest Service as authorized 

7 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro8 vided, That $40,000,000 shall be designated for urgently 

9 needed road decommissioning, road and trail repair and 

10 maintenance and associated activities, and removal of fish 

11 passage barriers, especially in areas where Forest Service 

12 roads may be contributing to water quality problems in 

13 streams and water bodies which support threatened, en14 dangered, or sensitive species or community water sources: 

15 Provided further, That $10,867,000 shall be for projects 

16 specified for Construction Projects in the table that ap17 pears under the heading ‘‘Congressionally Directed Spend18 ing’’ in the explanatory statement accompanying this Act: 

19 Provided further, That funds becoming available in fiscal 

20 year 2022 under the Act of March 4, 1913 (16 U.S.C. 

21 501) shall be transferred to the General Fund of the 

22 Treasury and shall not be available for transfer or obliga23 tion for any other purpose unless the funds are appro24 priated. 


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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California; and the Ozark-St. Francis and 

8 Ouachita National Forests, Arkansas; as authorized by 

9 law, $664,000, to be derived from forest receipts. 

10 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

11 For acquisition of lands, such sums, to be derived 

12 from funds deposited by State, county, or municipal gov13 ernments, public school districts, or other public school au14 thorities, and for authorized expenditures from funds de15 posited by non-Federal parties pursuant to Land Sale and 

16 Exchange Acts, pursuant to the Act of December 4, 1967 

17 (16 U.S.C. 484a), to remain available through September 

18 30, 2025, (16 U.S.C. 516–617a, 555a; Public Law 96– 

19 586; Public Law 76–589, 76–591; and Public Law 78– 

20 310). 

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, pro23 tection, and improvement, 50 percent of all moneys re24 ceived during the prior fiscal year, as fees for grazing do25 mestic livestock on lands in National Forests in the 16 


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1 Western States, pursuant to section 401(b)(1) of Public 

2 Law 94–579, to remain available through September 30, 

3 2025, of which not to exceed 6 percent shall be available 

4 for administrative expenses associated with on-the-ground 

5 range rehabilitation, protection, and improvements. 

6 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

7 RANGELAND RESEARCH

8 For expenses authorized by 16 U.S.C. 1643(b), 

9 $45,000, to remain available through September 30, 2025, 

10 to be derived from the fund established pursuant to the 

11 above Act. 

12 MANAGEMENT OF NATIONAL FOREST LANDS FOR

13 SUBSISTENCE USES

14 For necessary expenses of the Forest Service to man15 age Federal lands in Alaska for subsistence uses under 

16 title VIII of the Alaska National Interest Lands Conserva17 tion Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain 

18 available through September 30, 2025. 

19 WILDLAND FIRE MANAGEMENT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses for forest fire presuppression 

22 activities on National Forest System lands, for emergency 

23 wildland fire suppression on or adjacent to such lands or 

24 other lands under fire protection agreement, and for emer25 gency rehabilitation of burned-over National Forest SysVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 tem lands and water, $2,097,622,000, to remain available 

2 until expended: Provided, That such funds including unob3 ligated balances under this heading, are available for re4 payment of advances from other appropriations accounts 

5 previously transferred for such purposes: Provided further, 

6 That any unobligated funds appropriated in a previous fis7 cal year for hazardous fuels management may be trans8 ferred to the ‘‘National Forest System’’ account: Provided 

9 further, That such funds shall be available to reimburse 

10 State and other cooperating entities for services provided 

11 in response to wildfire and other emergencies or disasters 

12 to the extent such reimbursements by the Forest Service 

13 for non-fire emergencies are fully repaid by the responsible 

14 emergency management agency: Provided further, That 

15 funds provided shall be available for support to Federal 

16 emergency response: Provided further, That the costs of 

17 implementing any cooperative agreement between the Fed18 eral Government and any non-Federal entity may be 

19 shared, as mutually agreed on by the affected parties: Pro20 vided further, That of the funds provided under this head21 ing, $1,011,000,000 shall be available for wildfire suppres22 sion operations, and is provided to meet the terms of sec23 tion 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. 

24 Res. 14 (117th Congress), the concurrent resolution on 

25 the budget for fiscal year 2022. 


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1 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 In addition to the amounts provided under the head4 ing ‘‘Department of Agriculture—Forest Service— 

5 Wildland Fire Management’’ for wildfire suppression oper6 ations, $2,120,000,000, to remain available until trans7 ferred, is additional new budget authority as specified for 

8 purposes of section 4004(b)(5) and section 4005(e) of S. 

9 Con. Res. 14 (117th Congress), the concurrent budget for 

10 fiscal year 2022: Provided, That such amounts may be 

11 transferred to and merged with amounts made available 

12 under the headings ‘‘Department of the Interior—Depart13 ment-Wide Programs—Wildland Fire Management’’ and 

14 ‘‘Department of Agriculture—Forest Service—Wildland 

15 Fire Management’’ for wildfire suppression operations in 

16 the fiscal year in which such amounts are transferred: Pro17 vided further, That amounts may be transferred to the 

18 ‘‘Wildland Fire Management’’ accounts in the Department 

19 of the Interior or the Department of Agriculture only upon 

20 the notification of the House and Senate Committees on 

21 Appropriations that all wildfire suppression operations 

22 funds appropriated under that heading in this and prior 

23 appropriations Acts to the agency to which the funds will 

24 be transferred will be obligated within 30 days: Provided 

25 further, That the transfer authority provided under this 


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1 heading is in addition to any other transfer authority pro2 vided by law: Provided further, That, in determining 

3 whether all wildfire suppression operations funds appro4 priated under the heading ‘‘Wildland Fire Management’’ 

5 in this and prior appropriations Acts to either the Depart6 ment of Agriculture or the Department of the Interior will 

7 be obligated within 30 days pursuant to the previous pro8 viso, any funds transferred or permitted to be transferred 

9 pursuant to any other transfer authority provided by law 

10 shall be excluded. 

11 COMMUNICATIONS SITE ADMINISTRATION

12 (INCLUDING TRANSFER OF FUNDS)

13 Amounts collected in this fiscal year pursuant to sec14 tion 8705(f)(2) of the Agriculture Improvement Act of 

15 2018 (Public Law 115–334), shall be deposited in the spe16 cial account established by section 8705(f)(1) of such Act, 

17 shall be available to cover the costs described in subsection 

18 (c)(3) of such section of such Act, and shall remain avail19 able until expended: Provided, That such amounts shall 

20 be transferred to the ‘‘National Forest System’’ account. 

21 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

22 (INCLUDING TRANSFERS OF FUNDS)

23 Appropriations to the Forest Service for the current 

24 fiscal year shall be available for: (1) purchase of passenger 

25 motor vehicles; acquisition of passenger motor vehicles 


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1 from excess sources, and hire of such vehicles; purchase, 

2 lease, operation, maintenance, and acquisition of aircraft 

3 to maintain the operable fleet for use in Forest Service 

4 wildland fire programs and other Forest Service programs; 

5 notwithstanding other provisions of law, existing aircraft 

6 being replaced may be sold, with proceeds derived or 

7 trade-in value used to offset the purchase price for the 

8 replacement aircraft; (2) services pursuant to 7 U.S.C. 

9 2225, and not to exceed $100,000 for employment under 

10 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

11 buildings and other public improvements (7 U.S.C. 2250); 

12 (4) acquisition of land, waters, and interests therein pur13 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

14 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

15 558a, 558d, and 558a note); (6) the cost of uniforms as 

16 authorized by 5 U.S.C. 5901–5902; and (7) for debt col17 lection contracts in accordance with 31 U.S.C. 3718(c). 

18 Funds made available to the Forest Service in this 

19 Act may be transferred between accounts affected by the 

20 Forest Service budget restructure outlined in section 435 

21 of division D of the Further Consolidated Appropriations 

22 Act, 2020 (Public Law 116–94): Provided, That any 

23 transfer of funds pursuant to this paragraph shall not in24 crease or decrease the funds appropriated to any account 

25 in this fiscal year by more than ten percent: Provided furVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 ther, That such transfer authority is in addition to any 

2 other transfer authority provided by law. 

3 Any appropriations or funds available to the Forest 

4 Service may be transferred to the Wildland Fire Manage5 ment appropriation for forest firefighting, emergency re6 habilitation of burned-over or damaged lands or waters 

7 under its jurisdiction, and fire preparedness due to severe 

8 burning conditions upon the Secretary of Agriculture’s no9 tification of the House and Senate Committees on Appro10 priations that all fire suppression funds appropriated 

11 under the heading ‘‘Wildland Fire Management’’ will be 

12 obligated within 30 days: Provided, That all funds used 

13 pursuant to this paragraph must be replenished by a sup14 plemental appropriation which must be requested as 

15 promptly as possible. 

16 Not more than $50,000,000 of funds appropriated to 

17 the Forest Service shall be available for expenditure or 

18 transfer to the Department of the Interior for wildland 

19 fire management, hazardous fuels management, and State 

20 fire assistance when such transfers would facilitate and 

21 expedite wildland fire management programs and projects. 

22 Notwithstanding any other provision of this Act, the 

23 Forest Service may transfer unobligated balances of dis24 cretionary funds appropriated to the Forest Service by 

25 this Act to or within the National Forest System Account, 


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1 or reprogram funds to be used for the purposes of haz2 ardous fuels management and urgent rehabilitation of 

3 burned-over National Forest System lands and water: Pro4 vided, That such transferred funds shall remain available 

5 through September 30, 2025: Provided further, That none 

6 of the funds transferred pursuant to this section shall be 

7 available for obligation without written notification to and 

8 the prior approval of the Committees on Appropriations 

9 of both Houses of Congress. 

10 Funds appropriated to the Forest Service shall be 

11 available for assistance to or through the Agency for Inter12 national Development in connection with forest and range13 land research, technical information, and assistance in for14 eign countries, and shall be available to support forestry 

15 and related natural resource activities outside the United 

16 States and its territories and possessions, including tech17 nical assistance, education and training, and cooperation 

18 with U.S. government, private sector, and international 

19 organizations. The Forest Service, acting for the Inter20 national Program, may sign direct funding agreements 

21 with foreign governments and institutions as well as other 

22 domestic agencies (including the U.S. Agency for Inter23 national Development, the Department of State, and the 

24 Millennium Challenge Corporation), U.S. private sector 

25 firms, institutions and organizations to provide technical 


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1 assistance and training programs on forestry and range2 land management: Provided, That to maximize effective3 ness of domestic and international research and coopera4 tion, the International Program may utilize all authorities 

5 related to international forestry, research, and cooperative 

6 assistance regardless of program designations. 

7 Funds appropriated to the Forest Service shall be 

8 available for expenditure or transfer to the Department 

9 of the Interior, Bureau of Land Management, for removal, 

10 preparation, and adoption of excess wild horses and burros 

11 from National Forest System lands, and for the perform12 ance of cadastral surveys to designate the boundaries of 

13 such lands. 

14 None of the funds made available to the Forest Serv15 ice in this Act or any other Act with respect to any fiscal 

16 year shall be subject to transfer under the provisions of 

17 section 702(b) of the Department of Agriculture Organic 

18 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

19 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

20 Law 107–171 (7 U.S.C. 8316(b)). 

21 Not more than $82,000,000 of funds available to the 

22 Forest Service shall be transferred to the Working Capital 

23 Fund of the Department of Agriculture and not more than 

24 $14,500,000 of funds available to the Forest Service shall 

25 be transferred to the Department of Agriculture for DeVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 partment Reimbursable Programs, commonly referred to 

2 as Greenbook charges. Nothing in this paragraph shall 

3 prohibit or limit the use of reimbursable agreements re4 quested by the Forest Service in order to obtain informa5 tion technology services, including telecommunications and 

6 system modifications or enhancements, from the Working 

7 Capital Fund of the Department of Agriculture. 

8 Of the funds available to the Forest Service, up to 

9 $5,000,000 shall be available for priority projects within 

10 the scope of the approved budget, which shall be carried 

11 out by the Youth Conservation Corps and shall be carried 

12 out under the authority of the Public Lands Corps Act 

13 of 1993 (16 U.S.C. 1721 et seq.). 

14 Of the funds available to the Forest Service, $4,000 

15 is available to the Chief of the Forest Service for official 

16 reception and representation expenses. 

17 Pursuant to sections 405(b) and 410(b) of Public 

18 Law 101–593, of the funds available to the Forest Service, 

19 up to $3,000,000 may be advanced in a lump sum to the 

20 National Forest Foundation to aid conservation partner21 ship projects in support of the Forest Service mission, 

22 without regard to when the Foundation incurs expenses, 

23 for projects on or benefitting National Forest System 

24 lands or related to Forest Service programs: Provided, 

25 That of the Federal funds made available to the FoundaVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 tion, no more than $300,000 shall be available for admin2 istrative expenses: Provided further, That the Foundation 

3 shall obtain, by the end of the period of Federal financial 

4 assistance, private contributions to match funds made 

5 available by the Forest Service on at least a one-for-one 

6 basis: Provided further, That the Foundation may transfer 

7 Federal funds to a Federal or a non-Federal recipient for 

8 a project at the same rate that the recipient has obtained 

9 the non-Federal matching funds. 

10 Pursuant to section 2(b)(2) of Public Law 98–244, 

11 up to $3,000,000 of the funds available to the Forest 

12 Service may be advanced to the National Fish and Wildlife 

13 Foundation in a lump sum to aid cost-share conservation 

14 projects, without regard to when expenses are incurred, 

15 on or benefitting National Forest System lands or related 

16 to Forest Service programs: Provided, That such funds 

17 shall be matched on at least a one-for-one basis by the 

18 Foundation or its sub-recipients: Provided further, That 

19 the Foundation may transfer Federal funds to a Federal 

20 or non-Federal recipient for a project at the same rate 

21 that the recipient has obtained the non-Federal matching 

22 funds. 

23 Funds appropriated to the Forest Service shall be 

24 available for interactions with and providing technical asVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 sistance to rural communities and natural resource-based 

2 businesses for sustainable rural development purposes. 

3 Funds appropriated to the Forest Service shall be 

4 available for payments to counties within the Columbia 

5 River Gorge National Scenic Area, pursuant to section 

6 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

7 663. 

8 Any funds appropriated to the Forest Service may 

9 be used to meet the non-Federal share requirement in sec10 tion 502(c) of the Older Americans Act of 1965 (42 

11 U.S.C. 3056(c)(2)). 

12 The Forest Service shall not assess funds for the pur13 pose of performing fire, administrative, and other facilities 

14 maintenance and decommissioning. 

15 Notwithstanding any other provision of law, of any 

16 appropriations or funds available to the Forest Service, 

17 not to exceed $500,000 may be used to reimburse the Of18 fice 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 matters 

23 unrelated to civil litigation. Future budget justifications 

24 for both the Forest Service and the Department of AgriVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 culture should clearly display the sums previously trans2 ferred and the sums requested for transfer. 

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 Funds appropriated to the Forest Service may be 

9 used to reimburse the United States Fish and Wildlife 

10 Service and the National Marine Fisheries Service for the 

11 costs of carrying out their responsibilities under the En12 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

13 to consult and conference, as required by section 7 of such 

14 Act. 

15 Funds appropriated to the Forest Service shall be 

16 available to pay, from a single account, the base salary 

17 and expenses of employees who carry out functions funded 

18 by other accounts for Enterprise Program, Geospatial 

19 Technology and Applications Center, remnant Natural Re20 source Manager, and National Technology and Develop21 ment Program. 


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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion and Education Assistance Act, the Indian Health 

8 Care Improvement Act, and titles II and III of the Public 

9 Health Service Act with respect to the Indian Health Serv10 ice, $5,414,143,000 to remain available until September 

11 30, 2023, except as otherwise provided herein; and, in ad12 dition, $5,414,143,000, which shall become available on 

13 October 1, 2022 and remain available through September 

14 30, 2024, except as otherwise provided herein; together 

15 with payments received during each fiscal year pursuant 

16 to sections 231(b) and 233 of the Public Health Service 

17 Act (42 U.S.C. 238(b) and 238b), for services furnished 

18 by the Indian Health Service: Provided, That funds made 

19 available to tribes and tribal organizations through con20 tracts, grant agreements, or any other agreements or com21 pacts authorized by the Indian Self-Determination and 

22 Education Assistance Act of 1975 (25 U.S.C. 450), shall 

23 be deemed to be obligated at the time of the grant or con24 tract award and thereafter shall remain available to the 

25 tribe or tribal organization without fiscal year limitation: 


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1 Provided further, That $2,500,000 shall be available for 

2 each of fiscal years 2022 and 2023 for grants or contracts 

3 with public or private institutions to provide alcohol or 

4 drug treatment services to Indians, including alcohol de5 toxification services: Provided further, That of the total 

6 amount of funds provided, $2,351,656,000 shall remain 

7 available until expended for Purchased/Referred Care, of 

8 which $1,175,828,000 shall be from funds that become 

9 available on October 1, 2022: Provided further, That of 

10 the total amount specified in the preceding proviso for 

11 Purchased/Referred Care, $108,000,000 shall be for the 

12 Indian Catastrophic Health Emergency Fund of which 

13 $54,000,000 shall be from funds that become available on 

14 October 1, 2022: Provided further, That for each of fiscal 

15 years 2022 and 2023, up to $66,000,000 shall remain 

16 available until expended for implementation of the loan re17 payment program under section 108 of the Indian Health 

18 Care Improvement Act: Provided further, That of the total 

19 amount of funds provided, $116,000,000, including 

20 $58,000,000 from funds that become available on October 

21 1, 2022, shall be for costs related to or resulting from 

22 accreditation emergencies, including supplementing activi23 ties funded under the heading ‘‘Indian Health Facilities,’’ 

24 of which up to $4,000,000 for each of fiscal years 2022 

25 and 2023 may be used to supplement amounts otherwise 


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1 available for Purchased/Referred Care: Provided further, 

2 That the amounts collected by the Federal Government 

3 as authorized by sections 104 and 108 of the Indian 

4 Health Care Improvement Act (25 U.S.C. 1613a and 

5 1616a) during the preceding fiscal year for breach of con6 tracts shall be deposited in the Fund authorized by section 

7 108A of that Act (25 U.S.C. 1616a–1) and shall remain 

8 available until expended and, notwithstanding section 

9 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall 

10 be available to make new awards under the loan repay11 ment and scholarship programs under sections 104 and 

12 108 of that Act (25 U.S.C. 1613a and 1616a): Provided 

13 further, That the amounts made available within this ac14 count for the Substance Abuse and Suicide Prevention 

15 Program, for Opioid Prevention, Treatment and Recovery 

16 Services, for the Domestic Violence Prevention Program, 

17 for the Zero Suicide Initiative, for the housing subsidy au18 thority for civilian employees, for Aftercare Pilot Pro19 grams at Youth Regional Treatment Centers, for trans20 formation and modernization costs of the Indian Health 

21 Service Electronic Health Record system, for national 

22 quality and oversight activities, for improving collections 

23 from public and private insurance at Indian Health Serv24 ice and tribally operated facilities, for an initiative to treat 

25 or reduce the transmission of HIV and HCV, for a materVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 nal health initiative, for the Telebehaviorial Health Center 

2 of Excellence, for Alzheimer’s activities, for Village Built 

3 Clinics and for accreditation emergencies shall be allocated 

4 at the discretion of the Director of the Indian Health Serv5 ice and shall remain available until expended: Provided 

6 further, That funds provided in this Act that are available 

7 for two fiscal years may be used in their second year of 

8 availability for annual contracts that fall within 2 fiscal 

9 years, provided the total obligation is recorded in such sec10 ond year of availability: Provided further, That the 

11 amounts collected by the Secretary of Health and Human 

12 Services under the authority of title IV of the Indian 

13 Health Care Improvement Act (25 U.S.C. 1613) shall re14 main available until expended for the purpose of achieving 

15 compliance with the applicable conditions and require16 ments of titles XVIII and XIX of the Social Security Act, 

17 except for those related to the planning, design, or con18 struction of new facilities: Provided further, That funding 

19 contained herein for scholarship programs under the In20 dian Health Care Improvement Act (25 U.S.C. 1613) 

21 shall remain available until expended: Provided further, 

22 That amounts received by tribes and tribal organizations 

23 under title IV of the Indian Health Care Improvement Act 

24 shall be reported and accounted for and available to the 

25 receiving tribes and tribal organizations until expended: 


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1 Provided further, That the Bureau of Indian Affairs may 

2 collect from the Indian Health Service, and from tribes 

3 and tribal organizations operating health facilities pursu4 ant to Public Law 93–638, such individually identifiable 

5 health information relating to disabled children as may be 

6 necessary for the purpose of carrying out its functions 

7 under the Individuals with Disabilities Education Act (20 

8 U.S.C. 1400 et seq.): Provided further, That of the total 

9 amount of funds provided, $364,560,000, including 

10 $182,280,000 from the amounts that become available on 

11 October 1, 2022, is for the Indian Health Care Improve12 ment Fund and may be used, as needed, to carry out ac13 tivities typically funded under the Indian Health Facilities 

14 account: Provided further, That none of the funds appro15 priated by this Act, or any other Act, to the Indian Health 

16 Service for the Electronic Health Record system shall be 

17 available for obligation or expenditure for the selection or 

18 implementation of a new Information Technology Infra19 structure system, unless the Committees on Appropria20 tions of the House of Representatives and the Senate are 

21 consulted 90 days in advance of such obligation: Provided 

22 further, That none of the amounts made available under 

23 this heading to the Indian Health Service for the Elec24 tronic Health Record system shall be available for obliga25 tion or expenditure for the selection or implementation of 


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1 a new Information Technology Infrastructure system until 

2 the report and directive is received by the Committees on 

3 Appropriations of the House of Representatives and the 

4 Senate in accordance with the explanatory statement ac5 companying this Act. 

6 CONTRACT SUPPORT COSTS

7 For payments to tribes and tribal organizations for 

8 contract support costs associated with Indian Self-Deter9 mination and Education Assistance Act agreements with 

10 the Indian Health Service for fiscal year 2022, such sums 

11 as may be necessary: Provided, That notwithstanding any 

12 other provision of law, no amounts made available under 

13 this heading shall be available for transfer to another 

14 budget account: Provided further, That amounts obligated 

15 but not expended by a tribe or tribal organization for con16 tract support costs for such agreements for the current 

17 fiscal year shall be applied to contract support costs due 

18 for such agreements for subsequent fiscal years. 

19 PAYMENTS FOR TRIBAL LEASES

20 For payments to tribes and tribal organizations for 

21 leases pursuant to section 105(l) of the Indian Self-Deter22 mination and Education Assistance Act (25 U.S.C. 

23 5324(l)) for fiscal year 2022, such sums as may be nec24 essary, which shall be available for obligation through Sep25 tember 30, 2023: Provided, That notwithstanding any 


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1 other provision of law, no amounts made available under 

2 this heading shall be available for transfer to another 

3 budget account. 

4 INDIAN HEALTH FACILITIES

5 For construction, repair, maintenance, demolition, 

6 improvement, and equipment of health and related auxil7 iary facilities, including quarters for personnel; prepara8 tion of plans, specifications, and drawings; acquisition of 

9 sites, purchase and erection of modular buildings, and 

10 purchases of trailers; and for provision of domestic and 

11 community sanitation facilities for Indians, as authorized 

12 by section 7 of the Act of August 5, 1954 (42 U.S.C. 

13 2004a), the Indian Self-Determination Act, and the In14 dian Health Care Improvement Act, and for expenses nec15 essary to carry out such Acts and titles II and III of the 

16 Public Health Service Act with respect to environmental 

17 health and facilities support activities of the Indian Health 

18 Service, $1,172,107,000, to remain available until ex19 pended; and, in addition, $1,172,107,000, which shall be20 come available on October 1, 2022 and remain available 

21 until expended: Provided, That notwithstanding any other 

22 provision of law, funds appropriated for the planning, de23 sign, construction, renovation, or expansion of health fa24 cilities for the benefit of an Indian tribe or tribes may 

25 be used to purchase land on which such facilities will be 


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1 located: Provided further, That not to exceed $500,000 

2 may be used for each of fiscal years 2022 and 2023 by 

3 the Indian Health Service to purchase TRANSAM equip4 ment from the Department of Defense for distribution to 

5 the Indian Health Service and tribal facilities: Provided 

6 further, That of the amount appropriated under this head7 ing for fiscal year 2022, $40,171,000 shall be for projects 

8 specified for Water and Wastewater Infrastructure in the 

9 table that appears under the heading ‘‘Congressionally Di10 rected Spending’’ in the explanatory statement accom11 panying this Act: Provided further, That none of the funds 

12 appropriated to the Indian Health Service may be used 

13 for sanitation facilities construction for new homes funded 

14 with grants by the housing programs of the United States 

15 Department of Housing and Urban Development. 

16 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

17 Appropriations provided in this Act to the Indian 

18 Health Service shall be available for services as authorized 

19 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

20 equivalent to the maximum rate payable for senior-level 

21 positions under 5 U.S.C. 5376; hire of passenger motor 

22 vehicles and aircraft; purchase of medical equipment; pur23 chase of reprints; purchase, renovation, and erection of 

24 modular buildings and renovation of existing facilities; 

25 payments for telephone service in private residences in the 


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1 field, when authorized under regulations approved by the 

2 Secretary of Health and Human Services; uniforms, or al3 lowances therefor as authorized by 5 U.S.C. 5901–5902; 

4 and for expenses of attendance at meetings that relate to 

5 the functions or activities of the Indian Health Service: 

6 Provided, That in accordance with the provisions of the 

7 Indian Health Care Improvement Act, non-Indian patients 

8 may be extended health care at all tribally administered 

9 or Indian Health Service facilities, subject to charges, and 

10 the proceeds along with funds recovered under the Federal 

11 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

12 be credited to the account of the facility providing the 

13 service and shall be available without fiscal year limitation: 

14 Provided further, That notwithstanding any other law or 

15 regulation, funds transferred from the Department of 

16 Housing and Urban Development to the Indian Health 

17 Service shall be administered under Public Law 86–121, 

18 the Indian Sanitation Facilities Act and Public Law 93– 

19 638: Provided further, That funds appropriated to the In20 dian Health Service in this Act, except those used for ad21 ministrative and program direction purposes, shall not be 

22 subject to limitations directed at curtailing Federal travel 

23 and transportation: Provided further, That none of the 

24 funds made available to the Indian Health Service in this 

25 Act shall be used for any assessments or charges by the 


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1 Department of Health and Human Services unless such 

2 assessments or charges are identified in the budget jus3 tification and provided in this Act, or approved by the 

4 House and Senate Committees on Appropriations through 

5 the reprogramming process: Provided further, That not6 withstanding any other provision of law, funds previously 

7 or herein made available to a tribe or tribal organization 

8 through a contract, grant, or agreement authorized by 

9 title I or title V of the Indian Self-Determination and 

10 Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), 

11 may be deobligated and reobligated to a self-determination 

12 contract under title I, or a self-governance agreement 

13 under title V of such Act and thereafter shall remain avail14 able to the tribe or tribal organization without fiscal year 

15 limitation: Provided further, That none of the funds made 

16 available to the Indian Health Service in this Act shall 

17 be used to implement the final rule published in the Fed18 eral Register on September 16, 1987, by the Department 

19 of Health and Human Services, relating to the eligibility 

20 for the health care services of the Indian Health Service 

21 until the Indian Health Service has submitted a budget 

22 request reflecting the increased costs associated with the 

23 proposed final rule, and such request has been included 

24 in an appropriations Act and enacted into law: Provided 

25 further, That with respect to functions transferred by the 


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1 Indian Health Service to tribes or tribal organizations, the 

2 Indian Health Service is authorized to provide goods and 

3 services to those entities on a reimbursable basis, includ4 ing payments in advance with subsequent adjustment, and 

5 the reimbursements received therefrom, along with the 

6 funds received from those entities pursuant to the Indian 

7 Self-Determination Act, may be credited to the same or 

8 subsequent appropriation account from which the funds 

9 were originally derived, with such amounts to remain 

10 available until expended: Provided further, That reim11 bursements for training, technical assistance, or services 

12 provided by the Indian Health Service will contain total 

13 costs, including direct, administrative, and overhead costs 

14 associated with the provision of goods, services, or tech15 nical assistance: Provided further, That the Indian Health 

16 Service may provide to civilian medical personnel serving 

17 in hospitals operated by the Indian Health Service housing 

18 allowances equivalent to those that would be provided to 

19 members of the Commissioned Corps of the United States 

20 Public Health Service serving in similar positions at such 

21 hospitals: Provided further, That the appropriation struc22 ture for the Indian Health Service may not be altered 

23 without advance notification to the House and Senate 

24 Committees on Appropriations. 


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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

3 SCIENCES

4 For necessary expenses for the National Institute of 

5 Environmental Health Sciences in carrying out activities 

6 set forth in section 311(a) of the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

9 Superfund Amendments and Reauthorization Act of 1986, 

10 $84,540,000. 

11 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

12 REGISTRY

13 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

14 HEALTH

15 For necessary expenses for the Agency for Toxic Sub16 stances and Disease Registry (ATSDR) in carrying out 

17 activities set forth in sections 104(i) and 111(c)(4) of the 

18 Comprehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (CERCLA) and section 3019 

20 of the Solid Waste Disposal Act, $81,750,000: Provided, 

21 That notwithstanding any other provision of law, in lieu 

22 of performing a health assessment under section 104(i)(6) 

23 of CERCLA, the Administrator of ATSDR may conduct 

24 other appropriate health studies, evaluations, or activities, 

25 including, without limitation, biomedical testing, clinical 


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1 evaluations, medical monitoring, and referral to accredited 

2 healthcare providers: Provided further, That in performing 

3 any such health assessment or health study, evaluation, 

4 or activity, the Administrator of ATSDR shall not be 

5 bound by the deadlines in section 104(i)(6)(A) of 

6 CERCLA: Provided further, That none of the funds appro7 priated under this heading shall be available for ATSDR 

8 to issue in excess of 40 toxicological profiles pursuant to 

9 section 104(i) of CERCLA during fiscal year 2022, and 

10 existing profiles may be updated as necessary. 

11 OTHER RELATED AGENCIES 

12 EXECUTIVE OFFICE OF THE PRESIDENT

13 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

14 ENVIRONMENTAL QUALITY

15 For necessary expenses to continue functions as16 signed to the Council on Environmental Quality and Office 

17 of Environmental Quality pursuant to the National Envi18 ronmental Policy Act of 1969, the Environmental Quality 

19 Improvement Act of 1970, and Reorganization Plan No. 

20 1 of 1977, and not to exceed $750 for official reception 

21 and representation expenses, $4,200,000: Provided, That 

22 notwithstanding section 202 of the National Environ23 mental Policy Act of 1970, the Council shall consist of 

24 one member, appointed by the President, by and with the 


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1 advice and consent of the Senate, serving as chairman and 

2 exercising all powers, functions, and duties of the Council. 

3 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses in carrying out activities pur6 suant to section 112(r)(6) of the Clean Air Act, including 

7 hire of passenger vehicles, uniforms or allowances there8 for, as authorized by 5 U.S.C. 5901–5902, and for serv9 ices authorized by 5 U.S.C. 3109 but at rates for individ10 uals not to exceed the per diem equivalent to the maximum 

11 rate payable for senior level positions under 5 U.S.C. 

12 5376, $13,400,000, of which $900,000 shall remain avail13 able until expended: Provided, That the Chemical Safety 

14 and Hazard Investigation Board (Board) shall have not 

15 more than three career Senior Executive Service positions: 

16 Provided further, That notwithstanding any other provi17 sion of law, the individual appointed to the position of In18 spector General of the Environmental Protection Agency 

19 (EPA) shall, by virtue of such appointment, also hold the 

20 position of Inspector General of the Board: Provided fur21 ther, That notwithstanding any other provision of law, the 

22 Inspector General of the Board shall utilize personnel of 

23 the Office of Inspector General of EPA in performing the 

24 duties of the Inspector General of the Board, and shall 

25 not appoint any individuals to positions within the Board. 


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1 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Navajo and 

4 Hopi Indian Relocation as authorized by Public Law 93– 

5 531, $3,150,000, to remain available until expended, 

6 which shall be derived from unobligated balances from 

7 prior year appropriations available under this heading: 

8 Provided, That funds provided in this or any other appro9 priations Act are to be used to relocate eligible individuals 

10 and groups including evictees from District 6, Hopi-parti11 tioned lands residents, those in significantly substandard 

12 housing, and all others certified as eligible and not in13 cluded in the preceding categories: Provided further, That 

14 none of the funds contained in this or any other Act may 

15 be used by the Office of Navajo and Hopi Indian Reloca16 tion to evict any single Navajo or Navajo family who, as 

17 of November 30, 1985, was physically domiciled on the 

18 lands partitioned to the Hopi Tribe unless a new or re19 placement home is provided for such household: Provided 

20 further, That no relocatee will be provided with more than 

21 one new or replacement home: Provided further, That the 

22 Office shall relocate any certified eligible relocatees who 

23 have selected and received an approved homesite on the 

24 Navajo reservation or selected a replacement residence off 


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1 the Navajo reservation or on the land acquired pursuant 

2 to section 11 of Public Law 93–531 (88 Stat. 1716). 

3 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

4 CULTURE AND ARTS DEVELOPMENT

5 PAYMENT TO THE INSTITUTE

6 For payment to the Institute of American Indian and 

7 Alaska Native Culture and Arts Development, as author8 ized by part A of title XV of Public Law 99–498 (20 

9 U.S.C. 4411 et seq.), $11,000,000, which shall become 

10 available on July 1, 2022, and shall remain available until 

11 September 30, 2023. 

12 SMITHSONIAN INSTITUTION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Smithsonian Institu15 tion, as authorized by law, including research in the fields 

16 of art, science, and history; development, preservation, and 

17 documentation of the National Collections; presentation of 

18 public exhibits and performances; collection, preparation, 

19 dissemination, and exchange of information and publica20 tions; conduct of education, training, and museum assist21 ance programs; maintenance, alteration, operation, lease 

22 agreements of no more than 30 years, and protection of 

23 buildings, facilities, and approaches; not to exceed 

24 $100,000 for services as authorized by 5 U.S.C. 3109; and 

25 purchase, rental, repair, and cleaning of uniforms for emVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 ployees, $872,000,000, to remain available until Sep2 tember 30, 2023, except as otherwise provided herein; of 

3 which not to exceed $12,798,000 shall be for the instru4 mentation program, collections acquisition, exhibition re5 installation, Smithsonian American Women’s History Mu6 seum, National Museum of the American Latino, and the 

7 repatriation of skeletal remains program shall remain 

8 available until expended; and including such funds as may 

9 be necessary to support American overseas research cen10 ters: Provided, That funds appropriated herein are avail11 able for advance payments to independent contractors per12 forming research services or participating in official 

13 Smithsonian presentations: Provided further, That the 

14 Smithsonian Institution may expend Federal appropria15 tions designated in this Act for lease or rent payments, 

16 as rent payable to the Smithsonian Institution, and such 

17 rent payments may be deposited into the general trust 

18 funds of the Institution to be available as trust funds for 

19 expenses associated with the purchase of a portion of the 

20 building at 600 Maryland Avenue, SW, Washington, DC, 

21 to the extent that federally supported activities will be 

22 housed there: Provided further, That the use of such 

23 amounts in the general trust funds of the Institution for 

24 such purpose shall not be construed as Federal debt serv25 ice for, a Federal guarantee of, a transfer of risk to, or 


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1 an obligation of the Federal Government: Provided further, 

2 That no appropriated funds may be used directly to serv3 ice debt which is incurred to finance the costs of acquiring 

4 a portion of the building at 600 Maryland Avenue, SW, 

5 Washington, DC, or of planning, designing, and con6 structing improvements to such building: Provided further, 

7 That any agreement entered into by the Smithsonian In8 stitution for the sale of its ownership interest, or any por9 tion thereof, in such building so acquired may not take 

10 effect until the expiration of a 30 day period which begins 

11 on the date on which the Secretary of the Smithsonian 

12 submits to the Committees on Appropriations of the 

13 House of Representatives and Senate, the Committees on 

14 House Administration and Transportation and Infrastruc15 ture of the House of Representatives, and the Committee 

16 on Rules and Administration of the Senate a report, as 

17 outlined in the explanatory statement described in section 

18 4 of the Further Consolidated Appropriations Act, 2020 

19 (Public Law 116–94; 133 Stat. 2536) on the intended 

20 sale. 

21 FACILITIES CAPITAL

22 For necessary expenses of repair, revitalization, and 

23 alteration of facilities owned or occupied by the Smithso24 nian Institution, by contract or otherwise, as authorized 

25 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 


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1 and for construction, including necessary personnel, 

2 $230,000,000, to remain available until expended, of 

3 which not to exceed $10,000 shall be for services as au4 thorized by 5 U.S.C. 3109. 

5 NATIONAL GALLERY OF ART

6 SALARIES AND EXPENSES

7 For the upkeep and operations of the National Gal8 lery of Art, the protection and care of the works of art 

9 therein, and administrative expenses incident thereto, as 

10 authorized by the Act of March 24, 1937 (50 Stat. 51), 

11 as amended by the public resolution of April 13, 1939 

12 (Public Resolution 9, 76th Congress), including services 

13 as authorized by 5 U.S.C. 3109; payment in advance when 

14 authorized by the treasurer of the Gallery for membership 

15 in library, museum, and art associations or societies whose 

16 publications or services are available to members only, or 

17 to members at a price lower than to the general public; 

18 purchase, repair, and cleaning of uniforms for guards, and 

19 uniforms, or allowances therefor, for other employees as 

20 authorized by law (5 U.S.C. 5901–5902); purchase or 

21 rental of devices and services for protecting buildings and 

22 contents thereof, and maintenance, alteration, improve23 ment, and repair of buildings, approaches, and grounds; 

24 and purchase of services for restoration and repair of 

25 works of art for the National Gallery of Art by contracts 


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1 made, without advertising, with individuals, firms, or or2 ganizations at such rates or prices and under such terms 

3 and conditions as the Gallery may deem proper, 

4 $157,500,000, to remain available until September 30, 

5 2023, of which not to exceed $3,775,000 for the special 

6 exhibition program shall remain available until expended. 

7 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of repair, restoration, and 

10 renovation of buildings, grounds and facilities owned or 

11 occupied by the National Gallery of Art, by contract or 

12 otherwise, for operating lease agreements of no more than 

13 10 years, with no extensions or renewals beyond the 10 

14 years, that address space needs created by the ongoing 

15 renovations in the Master Facilities Plan, as authorized, 

16 $26,000,000, to remain available until expended: Pro17 vided, That of this amount, $11,458,000 shall be available 

18 for design and construction of an off-site art storage facil19 ity in partnership with the Smithsonian Institution and 

20 may be transferred to the Smithsonian Institution for such 

21 purposes: Provided further, That contracts awarded for en22 vironmental systems, protection systems, and exterior re23 pair or renovation of buildings of the National Gallery of 

24 Art may be negotiated with selected contractors and 


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1 awarded on the basis of contractor qualifications as well 

2 as price. 

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, mainte7 nance, and security of the John F. Kennedy Center for 

8 the Performing Arts, $27,000,000, to remain available 

9 until September 30, 2023. 

10 CAPITAL REPAIR AND RESTORATION

11 For necessary expenses for capital repair and restora12 tion of the existing features of the building and site of 

13 the John F. Kennedy Center for the Performing Arts, 

14 $13,440,000, to remain available until expended. 

15 WOODROW WILSON INTERNATIONAL CENTER FOR

16 SCHOLARS

17 SALARIES AND EXPENSES

18 For expenses necessary in carrying out the provisions 

19 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

20 1356) including hire of passenger vehicles and services as 

21 authorized by 5 U.S.C. 3109, $14,000,000, to remain 

22 available until September 30, 2023. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 $182,500,000 shall be available to the National Endow8 ment for the Arts for the support of projects and produc9 tions in the arts, including arts education and public out10 reach activities, through assistance to organizations and 

11 individuals pursuant to section 5 of the Act, for program 

12 support, and for administering the functions of the Act, 

13 to remain available until expended. 

14 NATIONAL ENDOWMENT FOR THE HUMANITIES

15 GRANTS AND ADMINISTRATION

16 For necessary expenses to carry out the National 

17 Foundation on the Arts and the Humanities Act of 1965, 

18 $182,500,000 to remain available until expended, of which 

19 $166,900,000 shall be available for support of activities 

20 in the humanities, pursuant to section 7(c) of the Act and 

21 for administering the functions of the Act; and 

22 $15,600,000 shall be available to carry out the matching 

23 grants program pursuant to section 10(a)(2) of the Act, 

24 including $13,600,000 for the purposes of section 7(h): 

25 Provided, That appropriations for carrying out section 


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1 10(a)(2) shall be available for obligation only in such 

2 amounts as may be equal to the total amounts of gifts, 

3 bequests, devises of money, and other property accepted 

4 by the chairman or by grantees of the National Endow5 ment for the Humanities under the provisions of sections 

6 11(a)(2)(B) and 11(a)(3)(B) during the current and pre7 ceding fiscal years for which equal amounts have not pre8 viously been appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National 

11 Foundation on the Arts and the Humanities may be used 

12 to process any grant or contract documents which do not 

13 include the text of 18 U.S.C. 1913: Provided, That none 

14 of the funds appropriated to the National Foundation on 

15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further, 

17 That funds from nonappropriated sources may be used as 

18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants of up 

21 to $10,000, if in the aggregate the amount of such grants 

22 does not exceed 5 percent of the sums appropriated for 

23 grantmaking purposes per year: Provided further, That 

24 such small grant actions are taken pursuant to the terms 


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1 of an expressed and direct delegation of authority from 

2 the National Council on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses of the Commission of Fine Arts under 

6 chapter 91 of title 40, United States Code, $3,328,000: 

7 Provided, That the Commission is authorized to charge 

8 fees to cover the full costs of its publications, and such 

9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 

11 appropriation: Provided further, That the Commission is 

12 authorized to accept gifts, including objects, papers, art13 work, drawings and artifacts, that pertain to the history 

14 and design of the Nation’s Capital or the history and ac15 tivities of the Commission of Fine Arts, for the purpose 

16 of artistic display, study, or education: Provided further, 

17 That one-tenth of one percent of the funds provided under 

18 this heading may be used for official reception and rep19 resentation expenses. 

20 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

21 For necessary expenses as authorized by Public Law 

22 99–190 (20 U.S.C. 956a), $5,000,000: Provided, That the 

23 item relating to ‘‘National Capital Arts and Cultural Af24 fairs’’ in the Department of the Interior and Related 

25 Agencies Appropriations Act, 1986, as enacted into law 


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1 by section 101(d) of Public Law 99–190 (20 U.S.C. 

2 956a), shall be applied in fiscal year 2022 in the second 

3 paragraph by inserting ‘‘, calendar year 2020 excluded’’ 

4 before the first period: Provided further, That in deter5 mining an eligible organization’s annual income for cal6 endar years 2021 and 2022, funds or grants received by 

7 the eligible organization from any supplemental appropria8 tions Act related to coronavirus or any other law providing 

9 appropriations for the purpose of preventing, preparing 

10 for, or responding to coronavirus shall be counted as part 

11 of the eligible organization’s annual income. 

12 ADVISORY COUNCIL ON HISTORIC PRESERVATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Advisory Council on 

15 Historic Preservation (Public Law 89–665), $8,255,000. 

16 NATIONAL CAPITAL PLANNING COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Capital Plan19 ning Commission under chapter 87 of title 40, United 

20 States Code, including services as authorized by 5 U.S.C. 

21 3109, $8,382,000: Provided, That one-quarter of 1 per22 cent of the funds provided under this heading may be used 

23 for official reception and representational expenses associ24 ated with hosting international visitors engaged in the 

25 planning and physical development of world capitals. 


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1 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

2 HOLOCAUST MEMORIAL MUSEUM

3 For expenses of the Holocaust Memorial Museum, as 

4 authorized by Public Law 106–292 (36 U.S.C. 2301– 

5 2310), $62,616,000, of which $715,000 shall remain 

6 available until September 30, 2024, for the Museum’s 

7 equipment replacement program; and of which $3,000,000 

8 for the Museum’s repair and rehabilitation program and 

9 $1,264,000 for the Museum’s outreach initiatives program 

10 shall remain available until expended. 

11 PRESIDIO TRUST

12 The Presidio Trust is authorized to issue obligations 

13 to the Secretary of the Treasury pursuant to section 

14 104(d)(3) of the Omnibus Parks and Public Lands Man15 agement Act of 1996 (Public Law 104–333), in an 

16 amount not to exceed $20,000,000. 

17 WORLD WAR I CENTENNIAL COMMISSION

18 SALARIES AND EXPENSES

19 Notwithstanding section 9 of the World War I Cen20 tennial Commission Act, as authorized by the World War 

21 I Centennial Commission Act (Public Law 112–272) and 

22 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

23 Defense Authorization Act for Fiscal Year 2015 (Public 

24 Law 113–291), for necessary expenses of the World War 

25 I Centennial Commission, $1,000,000, to remain available 


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•S 3034 IS

1 until September 30, 2023: Provided, That in addition to 

2 the authority provided by section 6(g) of such Act, the 

3 World War I Commission may accept money, in-kind per4 sonnel services, contractual support, or any appropriate 

5 support from any executive branch agency for activities 

6 of the Commission. 

7 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF

8 COMMISSION ON NATIVE CHILDREN

9 For necessary expenses of the Alyce Spotted Bear 

10 and Walter Soboleff Commission on Native Children (re11 ferred to in this paragraph as the ‘‘Commission’’), 

12 $200,000 to remain available until September 30, 2023: 

13 Provided, That in addition to the authority provided by 

14 section 3(g)(5) and 3(h) of Public Law 114–244, the Com15 mission may hereafter accept in-kind personnel services, 

16 contractual support, or any appropriate support from any 

17 executive branch agency for activities of the Commission. 

18 UNITED STATES SEMIQUINCENTENNIAL COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States 

21 Semiquincentennial Commission to plan and coordinate 

22 observances and activities associated with the 250th anni23 versary of the founding of the United States, as authorized 

24 by Public Law 116–282, the technical amendments to 


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1 Public Law 114–196, $8,000,000, to remain available 

2 until expended. 


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1 TITLE IV 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS OF FUNDS)

4 RESTRICTION ON USE OF FUNDS

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative 

9 proposal on which Congressional action is not complete 

10 other than to communicate to Members of Congress as 

11 described in 18 U.S.C. 1913. 

12 OBLIGATION OF APPROPRIATIONS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 DISCLOSURE OF ADMINISTRATIVE EXPENSES

17 SEC. 403. The amount and basis of estimated over18 head charges, deductions, reserves, or holdbacks, including 

19 working capital fund and cost pool charges, from pro20 grams, projects, activities and subactivities to support gov21 ernment-wide, departmental, agency, or bureau adminis22 trative functions or headquarters, regional, or central op23 erations shall be presented in annual budget justifications 

24 and subject to approval by the Committees on Appropria25 tions of the House of Representatives and the Senate. 


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1 Changes to such estimates shall be presented to the Com2 mittees on Appropriations for approval. 

3 MINING APPLICATIONS

4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

5 funds appropriated or otherwise made available pursuant 

6 to this Act shall be obligated or expended to accept or 

7 process applications for a patent for any mining or mill 

8 site claim located under the general mining laws. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

10 the Secretary of the Interior determines that, for the claim 

11 concerned: (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all re13 quirements established under sections 2325 and 2326 of 

14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

15 lode claims, sections 2329, 2330, 2331, and 2333 of the 

16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

17 claims, and section 2337 of the Revised Statutes (30 

18 U.S.C. 42) for mill site claims, as the case may be, were 

19 fully complied with by the applicant by that date. 

20 (c) REPORT.—On September 30, 2023, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 

23 Resources of the House and the Committee on Energy and 

24 Natural Resources of the Senate a report on actions taken 

25 by the Department under the plan submitted pursuant to 


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1 section 314(c) of the Department of the Interior and Re2 lated Agencies Appropriations Act, 1997 (Public Law 

3 104–208). 

4 (d) MINERAL EXAMINATIONS.—In order to process 

5 patent applications in a timely and responsible manner, 

6 upon the request of a patent applicant, the Secretary of 

7 the Interior shall allow the applicant to fund a qualified 

8 third-party contractor to be selected by the Director of the 

9 Bureau of Land Management to conduct a mineral exam10 ination of the mining claims or mill sites contained in a 

11 patent application as set forth in subsection (b). The Bu12 reau of Land Management shall have the sole responsi13 bility to choose and pay the third-party contractor in ac14 cordance with the standard procedures employed by the 

15 Bureau of Land Management in the retention of third16 party contractors. 

17 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

18 SEC. 405. Sections 405 and 406 of division F of the 

19 Consolidated and Further Continuing Appropriations Act, 

20 2015 (Public Law 113–235) shall continue in effect in fis21 cal year 2022. 

22 CONTRACT SUPPORT COSTS, FISCAL YEAR 2022

23 LIMITATION

24 SEC. 406. Amounts provided by this Act for fiscal 

25 year 2022 under the headings ‘‘Department of Health and 


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1 Human Services, Indian Health Service, Contract Support 

2 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

3 Affairs and Bureau of Indian Education, Contract Sup4 port Costs’’ are the only amounts available for contract 

5 support costs arising out of self-determination or self-gov6 ernance contracts, grants, compacts, or annual funding 

7 agreements for fiscal year 2022 with the Bureau of Indian 

8 Affairs, Bureau of Indian Education, and the Indian 

9 Health Service: Provided, That such amounts provided by 

10 this Act are not available for payment of claims for con11 tract support costs for prior years, or for repayments of 

12 payments for settlements or judgments awarding contract 

13 support costs for prior years. 

14 FOREST MANAGEMENT PLANS

15 SEC. 407. The Secretary of Agriculture shall not be 

16 considered to be in violation of subparagraph 6(f)(5)(A) 

17 of the Forest and Rangeland Renewable Resources Plan18 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

19 more than 15 years have passed without revision of the 

20 plan for a unit of the National Forest System. Nothing 

21 in this section exempts the Secretary from any other re22 quirement of the Forest and Rangeland Renewable Re23 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

24 other law: Provided, That if the Secretary is not acting 

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1 able, to revise a plan for a unit of the National Forest 

2 System, this section shall be void with respect to such plan 

3 and a court of proper jurisdiction may order completion 

4 of the plan on an accelerated basis. 

5 PROHIBITION WITHIN NATIONAL MONUMENTS

6 SEC. 408. No funds provided in this Act may be ex7 pended to conduct preleasing, leasing and related activities 

8 under either the Mineral Leasing Act (30 U.S.C. 181 et 

9 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

10 1331 et seq.) within the boundaries of a National Monu11 ment established pursuant to the Act of June 8, 1906 (16 

12 U.S.C. 431 et seq.) as such boundary existed on January 

13 20, 2001, except where such activities are allowed under 

14 the Presidential proclamation establishing such monu15 ment. 

16 LIMITATION ON TAKINGS

17 SEC. 409. Unless otherwise provided herein, no funds 

18 appropriated in this Act for the acquisition of lands or 

19 interests in lands may be expended for the filing of dec20 larations of taking or complaints in condemnation without 

21 the approval of the House and Senate Committees on Ap22 propriations: Provided, That this provision shall not apply 

23 to funds appropriated to implement the Everglades Na24 tional Park Protection and Expansion Act of 1989, or to 

25 funds appropriated for Federal assistance to the State of 


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1 Florida to acquire lands for Everglades restoration pur2 poses. 

3 PROHIBITION ON NO-BID CONTRACTS

4 SEC. 410. None of the funds appropriated or other5 wise made available by this Act to executive branch agen6 cies may be used to enter into any Federal contract unless 

7 such contract is entered into in accordance with the re8 quirements of Chapter 33 of title 41, United States Code, 

9 or Chapter 137 of title 10, United States Code, and the 

10 Federal Acquisition Regulation, unless— 

11 (1) Federal law specifically authorizes a con12 tract to be entered into without regard for these re13 quirements, including formula grants for States, or 

14 federally recognized Indian tribes; 

15 (2) such contract is authorized by the Indian 

16 Self-Determination and Education Assistance Act 

17 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

18 any other Federal laws that specifically authorize a 

19 contract within an Indian tribe as defined in section 

20 4(e) of that Act (25 U.S.C. 450b(e)); or 

21 (3) such contract was awarded prior to the date 

22 of enactment of this Act. 

23 POSTING OF REPORTS

24 SEC. 411. (a) Any agency receiving funds made avail25 able in this Act, shall, subject to subsections (b) and (c), 


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1 post on the public website of that agency any report re2 quired to be submitted by the Congress in this or any 

3 other Act, upon the determination by the head of the agen4 cy that it shall serve the national interest. 

5 (b) Subsection (a) shall not apply to a report if— 

6 (1) the public posting of the report com7 promises national security; or 

8 (2) the report contains proprietary information. 

9 (c) The head of the agency posting such report shall 

10 do so only after such report has been made available to 

11 the requesting Committee or Committees of Congress for 

12 no less than 45 days. 

13 NATIONAL ENDOWMENT FOR THE ARTS GRANT

14 GUIDELINES

15 SEC. 412. Of the funds provided to the National En16 dowment for the Arts— 

17 (1) The Chairperson shall only award a grant 

18 to an individual if such grant is awarded to such in19 dividual for a literature fellowship, National Herit20 age Fellowship, or American Jazz Masters Fellow21 ship. 

22 (2) The Chairperson shall establish procedures 

23 to ensure that no funding provided through a grant, 

24 except a grant made to a State or local arts agency, 

25 or regional group, may be used to make a grant to 


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1 any other organization or individual to conduct ac2 tivity independent of the direct grant recipient. 

3 Nothing in this subsection shall prohibit payments 

4 made in exchange for goods and services. 

5 (3) No grant shall be used for seasonal support 

6 to a group, unless the application is specific to the 

7 contents of the season, including identified programs 

8 or projects. 

9 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

10 PRIORITIES

11 SEC. 413. (a) In providing services or awarding fi12 nancial assistance under the National Foundation on the 

13 Arts and the Humanities Act of 1965 from funds appro14 priated under this Act, the Chairperson of the National 

15 Endowment for the Arts shall ensure that priority is given 

16 to providing services or awarding financial assistance for 

17 projects, productions, workshops, or programs that serve 

18 underserved populations. 

19 (b) In this section: 

20 (1) The term ‘‘underserved population’’ means 

21 a population of individuals, including urban minori22 ties, who have historically been outside the purview 

23 of arts and humanities programs due to factors such 

24 as a high incidence of income below the poverty line 

25 or to geographic isolation. 


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1 (2) The term ‘‘poverty line’’ means the poverty 

2 line (as defined by the Office of Management and 

3 Budget, and revised annually in accordance with sec4 tion 673(2) of the Community Services Block Grant 

5 Act (42 U.S.C. 9902(2))) applicable to a family of 

6 the size involved. 

7 (c) In providing services and awarding financial as8 sistance under the National Foundation on the Arts and 

9 Humanities Act of 1965 with funds appropriated by this 

10 Act, the Chairperson of the National Endowment for the 

11 Arts shall ensure that priority is given to providing serv12 ices or awarding financial assistance for projects, produc13 tions, workshops, or programs that will encourage public 

14 knowledge, education, understanding, and appreciation of 

15 the arts. 

16 (d) With funds appropriated by this Act to carry out 

17 section 5 of the National Foundation on the Arts and Hu18 manities Act of 1965— 

19 (1) the Chairperson shall establish a grant cat20 egory for projects, productions, workshops, or pro21 grams that are of national impact or availability or 

22 are able to tour several States; 

23 (2) the Chairperson shall not make grants ex24 ceeding 15 percent, in the aggregate, of such funds 


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1 to any single State, excluding grants made under the 

2 authority of paragraph (1); 

3 (3) the Chairperson shall report to the Con4 gress annually and by State, on grants awarded by 

5 the Chairperson in each grant category under sec6 tion 5 of such Act; and 

7 (4) the Chairperson shall encourage the use of 

8 grants to improve and support community-based 

9 music performance and education. 

10 STATUS OF BALANCES OF APPROPRIATIONS

11 SEC. 414. The Department of the Interior, the Envi12 ronmental Protection Agency, the Forest Service, and the 

13 Indian Health Service shall provide the Committees on 

14 Appropriations of the House of Representatives and Sen15 ate quarterly reports on the status of balances of appro16 priations including all uncommitted, committed, and unob17 ligated funds in each program and activity within 60 days 

18 of enactment of this Act. 

19 EXTENSION OF GRAZING PERMITS

20 SEC. 415. The terms and conditions of section 325 

21 of Public Law 108–108 (117 Stat. 1307), regarding graz22 ing permits issued by the Forest Service on any lands not 

23 subject to administration under section 402 of the Federal 

24 Lands Policy and Management Act (43 U.S.C. 1752), 

25 shall remain in effect for fiscal year 2022. 


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1 FUNDING PROHIBITION

2 SEC. 416. (a) None of the funds made available in 

3 this Act may be used to maintain or establish a computer 

4 network unless such network is designed to block access 

5 to pornography websites. 

6 (b) Nothing in subsection (a) shall limit the use of 

7 funds necessary for any Federal, State, tribal, or local law 

8 enforcement agency or any other entity carrying out crimi9 nal investigations, prosecution, or adjudication activities. 

10 HUMANE TRANSFER AND TREATMENT OF ANIMALS

11 SEC. 417. (a) Notwithstanding any other provision 

12 of law, the Secretary of the Interior, with respect to land 

13 administered by the Bureau of Land Management, or the 

14 Secretary of Agriculture, with respect to land adminis15 tered by the Forest Service (referred to in this section as 

16 the ‘‘Secretary concerned’’), may transfer excess wild 

17 horses and burros that have been removed from land ad18 ministered by the Secretary concerned to other Federal, 

19 State, and local government agencies for use as work ani20 mals. 

21 (b) The Secretary concerned may make a transfer 

22 under subsection (a) immediately on the request of a Fed23 eral, State, or local government agency. 

24 (c) An excess wild horse or burro transferred under 

25 subsection (a) shall lose status as a wild free-roaming 


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1 horse or burro (as defined in section 2 of Public Law 92– 

2 195 (commonly known as the ‘‘Wild Free-Roaming Horses 

3 and Burros Act’’) (16 U.S.C. 1332)). 

4 (d) A Federal, State, or local government agency re5 ceiving an excess wild horse or burro pursuant to sub6 section (a) shall not— 

7 (1) destroy the horse or burro in a manner that 

8 results in the destruction of the horse or burro into 

9 a commercial product; 

10 (2) sell or otherwise transfer the horse or burro 

11 in a manner that results in the destruction of the 

12 horse or burro for processing into a commercial 

13 product; or 

14 (3) euthanize the horse or burro, except on the 

15 recommendation of a licensed veterinarian in a case 

16 of severe injury, illness, or advanced age. 

17 (e) Amounts appropriated by this Act shall not be 

18 available for— 

19 (1) the destruction of any healthy, unadopted, 

20 and wild horse or burro under the jurisdiction of the 

21 Secretary concerned (including a contractor); or 

22 (2) the sale of a wild horse or burro that results 

23 in the destruction of the wild horse or burro for 

24 processing into a commercial product. 


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1 FOREST SERVICE FACILITY REALIGNMENT AND

2 ENHANCEMENT AUTHORIZATION EXTENSION

3 SEC. 418. Section 503(f) of Public Law 109–54 (16 

4 U.S.C. 580d note) shall be applied by substituting ‘‘Sep5 tember 30, 2022’’ for ‘‘September 30, 2019’’. 

6 USE OF AMERICAN IRON AND STEEL

7 SEC. 419. (a)(1) None of the funds made available 

8 by a State water pollution control revolving fund as au9 thorized by section 1452 of the Safe Drinking Water Act 

10 (42 U.S.C. 300j–12) shall be used for a project for the 

11 construction, alteration, maintenance, or repair of a public 

12 water system or treatment works unless all of the iron and 

13 steel products used in the project are produced in the 

14 United States. 

15 (2) In this section, the term ‘‘iron and steel’’ products 

16 means the following products made primarily of iron or 

17 steel: lined or unlined pipes and fittings, manhole covers 

18 and other municipal castings, hydrants, tanks, flanges, 

19 pipe clamps and restraints, valves, structural steel, rein20 forced precast concrete, and construction materials. 

21 (b) Subsection (a) shall not apply in any case or cat22 egory of cases in which the Administrator of the Environ23 mental Protection Agency (in this section referred to as 

24 the ‘‘Administrator’’) finds that— 


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1 (1) applying subsection (a) would be incon2 sistent with the public interest; 

3 (2) iron and steel products are not produced in 

4 the United States in sufficient and reasonably avail5 able quantities and of a satisfactory quality; or 

6 (3) inclusion of iron and steel products pro7 duced in the United States will increase the cost of 

8 the overall project by more than 25 percent. 

9 (c) If the Administrator receives a request for a waiv10 er under this section, the Administrator shall make avail11 able to the public on an informal basis a copy of the re12 quest and information available to the Administrator con13 cerning the request, and shall allow for informal public 

14 input on the request for at least 15 days prior to making 

15 a finding based on the request. The Administrator shall 

16 make the request and accompanying information available 

17 by electronic means, including on the official public Inter18 net Web site of the Environmental Protection Agency. 

19 (d) This section shall be applied in a manner con20 sistent with United States obligations under international 

21 agreements. 

22 (e) The Administrator may retain up to 0.25 percent 

23 of the funds appropriated in this Act for the Clean and 

24 Drinking Water State Revolving Funds for carrying out 


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1 the provisions described in subsection (a)(1) for manage2 ment and oversight of the requirements of this section. 

3 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS4 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

5 WILDFIRES

6 SEC. 420. The Secretary of the Interior is authorized 

7 to enter into grants and cooperative agreements with vol8 unteer fire departments, rural fire departments, rangeland 

9 fire protection associations, and similar organizations to 

10 provide for wildland fire training and equipment, including 

11 supplies and communication devices. Notwithstanding sec12 tion 121(c) of title 40, United States Code, or section 521 

13 of title 40, United States Code, the Secretary is further 

14 authorized to transfer title to excess Department of the 

15 Interior firefighting equipment no longer needed to carry 

16 out the functions of the Department’s wildland fire man17 agement program to such organizations. 

18 INFRASTRUCTURE PROJECTS

19 SEC. 421. For an additional amount for ‘‘Environ20 mental Protection Agency—State and Tribal Assistance 

21 Grants’’, $453,984,000, to remain available until ex22 pended, of which: 

23 (1) $438,978,000 shall be for Water and 

24 Wastewater Infrastructure grants to be allocated in 

25 the amounts specified for those projects and for the 


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1 purposes delineated in the table that appears under 

2 the heading ‘‘Congressionally Directed Spending’’ in 

3 the explanatory statement accompanying this Act, 

4 for the construction of drinking water, wastewater, 

5 and stormwater infrastructure and for water quality 

6 protection in accordance with the terms and condi7 tions specified for such grants in the explanatory 

8 statement accompanying this Act, and, for the pur9 poses of these grants, each grantee shall contribute 

10 not less than 20 percent of the cost of the project 

11 unless the grantee is approved for a waiver by the 

12 Agency; and 

13 (2) $15,006,000 shall be for State and Tribal 

14 Assistance Grants to be allocated in the amounts 

15 specified for those projects and for the purposes de16 lineated in the table that appears under the heading 

17 ‘‘Congressionally Directed Spending’’ in the explana18 tory statement accompanying this Act for remedi19 ation, construction, and related environmental man20 agement activities in accordance with the terms and 

21 conditions specified for such grants in the explana22 tory statement accompanying this Act. 

23 RECREATION FEES

24 SEC. 422. Section 810 of the Federal Lands Recre25 ation Enhancement Act (16 U.S.C. 6809) shall be applied 


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1 by substituting ‘‘October 1, 2023’’ for ‘‘September 30, 

2 2019’’. 

3 REPROGRAMMING GUIDELINES

4 SEC. 423. None of the funds made available in this 

5 Act, in this and prior fiscal years, may be reprogrammed 

6 without the advance approval of the House and Senate 

7 Committees on Appropriations in accordance with the re8 programming procedures contained in the explanatory 

9 statement described in section 4 of the Further Consoli10 dated Appropriations Act, 2020 (Public Law 116–94; 133 

11 Stat. 2536). 

12 LOCAL CONTRACTORS

13 SEC. 424. Section 412 of division E of Public Law 

14 112–74 shall be applied by substituting ‘‘fiscal year 2022’’ 

15 for ‘‘fiscal year 2019’’. 

16 SHASTA-TRINITY MARINA FEE AUTHORITY

17 AUTHORIZATION EXTENSION

18 SEC. 425. Section 422 of division F of Public Law 

19 110–161 (121 Stat 1844), as amended, shall be applied 

20 by substituting ‘‘fiscal year 2022’’ for ‘‘fiscal year 2019’’. 

21 INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION

22 SEC. 426. Section 426 of division G of Public Law 

23 113–76 (16 U.S.C. 565a–1 note) shall be applied by sub24 stituting ‘‘September 30, 2022’’ for ‘‘September 30, 

25 2019’’. 


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1 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION

2 SEC. 427. The authority provided by the 19th un3 numbered paragraph under heading ‘‘Administrative Pro4 visions, Forest Service’’ in title III of Public Law 109– 

5 54, as amended, shall be applied by substituting ‘‘fiscal 

6 year 2022’’ for ‘‘fiscal year 2019’’. 

7 FOREST BOTANICAL PRODUCTS FEE COLLECTION

8 AUTHORIZATION EXTENSION

9 SEC. 428. Section 339 of the Department of the Inte10 rior and Related Agencies Appropriations Act, 2000 (as 

11 enacted into law by Public Law 106–113; 16 U.S.C. 528 

12 note), as amended by section 335(6) of Public Law 108– 

13 108 and section 432 of Public Law 113–76, shall be ap14 plied by substituting ‘‘fiscal year 2022’’ for ‘‘fiscal year 

15 2019’’. 

16 CHACO CANYON

17 SEC. 429. None of the funds made available by this 

18 Act may be used to accept a nomination for oil and gas 

19 leasing under 43 CFR 3120.3 et seq, or to offer for oil 

20 and gas leasing, any Federal lands within the withdrawal 

21 area identified on the map of the Chaco Culture National 

22 Historical Park prepared by the Bureau of Land Manage23 ment and dated April 2, 2019, prior to the completion of 

24 the cultural resources investigation identified in the exVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 planatory statement described in section 4 of the Consoli2 dated Appropriations Act, 2021 (Public Law 116–260). 

3 TRIBAL LEASES

4 SEC. 430. (a) Notwithstanding any other provision 

5 of law, in the case of any lease under section 105(l) of 

6 the Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5324(l)), the initial lease term shall com8 mence no earlier than the date of receipt of the lease pro9 posal. 

10 (b) The Secretaries of the Interior and Health and 

11 Human Services shall, jointly or separately, during fiscal 

12 year 2022 consult with tribes and tribal organizations 

13 through public solicitation and other means regarding the 

14 requirements for leases under section 105(l) of the Indian 

15 Self-Determination and Education Assistance Act (25 

16 U.S.C. 5324(l)) on how to implement a consistent and 

17 transparent process for the payment of such leases. 

18 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

19 SEC. 431. The authority provided under the heading 

20 ‘‘Forest Ecosystem Health and Recovery Fund’’ in title 

21 I of Public Law 111–88, as amended by section 117 of 

22 division F of Public Law 113–235, shall be applied by sub23 stituting ‘‘fiscal year 2022’’ for ‘‘fiscal year 2020’’ each 

24 place it appears. 


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1 ALLOCATION OF PROJECTS

2 SEC. 432. (a) Within 45 days of enactment of this 

3 Act, the Secretary of the Interior shall allocate amounts 

4 available from the National Parks and Public Land Leg5 acy Restoration Fund for fiscal year 2022 pursuant to 

6 subsection (c) of section 200402 of title 54, United States 

7 Code, and as provided in subsection (e) of such section 

8 of such title, to the agencies of the Department of the 

9 Interior and the Department of Agriculture specified, in 

10 the amounts specified, and for the projects and activities 

11 specified in the table titled ‘‘Allocation of Funds: National 

12 Parks and Public Land Legacy Restoration Fund Fiscal 

13 Year 2022’’ in the explanatory statement accompanying 

14 this Act. 

15 (b) Within 45 days of enactment of this Act, the Sec16 retary of the Interior and the Secretary of Agriculture, 

17 as appropriate, shall allocate amounts made available for 

18 expenditure from the Land and Water Conservation Fund 

19 for fiscal year 2022 pursuant to subsection (a) of section 

20 200303 of title 54, United States Code, to the agencies 

21 and accounts specified, in the amounts specified, and for 

22 the projects and activities specified in the table titled ‘‘Al23 location of Funds: Land and Water Conservation Fund 

24 Fiscal Year 2022’’ in the explanatory statement accom25 panying this Act. 


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1 (c) Neither the President nor his designee may allo2 cate any amounts that are made available for any fiscal 

3 year under subsection (c) of section 200402 of title 54, 

4 United States Code, or subsection (a) of section 200303 

5 of title 54, United States Code, other than amounts that 

6 are allocated by subsections (a) and (b) of this section of 

7 this Act. 

8 (d)(1) Concurrent with the annual budget submission 

9 of the President for fiscal year 2023, the Secretary of the 

10 Interior and the Secretary of Agriculture shall each sub11 mit to the Committees on Appropriations of the House 

12 of Representatives and the Senate a list of supplementary 

13 allocations for Federal land acquisition and Forest Legacy 

14 projects at the National Park Service, the U.S. Fish and 

15 Wildlife Service, the Bureau of Land Management, and 

16 the U.S. Forest Service that are in addition to the ‘‘Sub17 mission of Cost Estimates’’ required by section 

18 200303(c)(1) of title 54, United States Code, that are 

19 prioritized and detailed by account, program, and project, 

20 and that total no less than half the full amount allocated 

21 to each account for that land management Agency under 

22 the allocations submitted under section 200303(c)(1) of 

23 title 54, United States Code. 

24 (2) The Federal land acquisition and Forest Legacy 

25 projects in the ‘‘Submission of Cost Estimates’’ required 


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1 by section 200303(c)(1) of title 54, United States Code, 

2 and on the list of supplementary allocations required by 

3 paragraph (1) shall be comprised only of projects for 

4 which a willing seller has been identified and for which 

5 an appraisal or market research has been initiated. 

6 (3) Concurrent with the annual budget submission of 

7 the President for fiscal year 2023, the Secretary of the 

8 Interior and the Secretary of Agriculture shall each sub9 mit to the Committees on Appropriations of the House 

10 of Representatives and the Senate project data sheets in 

11 the same format and containing the same level of detailed 

12 information that is found on such sheets in the Budget 

13 Justifications annually submitted by the Department of 

14 the Interior with the President’s Budget for the projects 

15 in the ‘‘Submission of Cost Estimates’’ required by section 

16 200303(c)(1) of title 54, United States Code, and in the 

17 same format and containing the same level of detailed in18 formation that is found on such sheets submitted to the 

19 Committees pursuant to section 427 of division D of the 

20 Further Consolidated Appropriations Act, 2020 (Public 

21 Law 116-94) for the list of supplementary allocations re22 quired by paragraph (1), and for the projects in the ‘‘Sub23 mission of Annual List of Projects to Congress’’ required 

24 by section 200402(h) of title 54, United States Code. 


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1 (e) The Department of the Interior and the Depart2 ment of Agriculture shall provide the Committees on Ap3 propriations of the House of Representatives and Senate 

4 quarterly reports on the status of balances for amounts 

5 allocated pursuant to subsections (a) and (b) of this sec6 tion, including all uncommitted, committed, and unobli7 gated funds. 

8 POLICIES RELATING TO BIOMASS ENERGY

9 SEC. 433. To support the key role that forests in the 

10 United States can play in addressing the energy needs of 

11 the United States, the Secretary of Energy, the Secretary 

12 of Agriculture, and the Administrator of the Environ13 mental Protection Agency shall, consistent with their mis14 sions, jointly— 

15 (1) ensure that Federal policy relating to forest 

16 bioenergy— 

17 (A) is consistent across all Federal depart18 ments and agencies; and 

19 (B) using the best available science, recog20 nizes the benefits of the use of forest biomass 

21 for energy, conservation, and responsible forest 

22 management; and 

23 (2) establish clear and simple policies for the 

24 use of forest biomass as an energy solution, includ25 ing policies that— 


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1 (A) reflect the extent of the carbon bene2 fits of forest bioenergy and recognize biomass 

3 as a renewable energy source, provided the use 

4 of forest biomass for energy production does 

5 not cause conversion of forests to non-forest 

6 use; 

7 (B) encourage private investment through8 out the forest biomass supply chain, including 

9 in— 

10 (i) working forests; 

11 (ii) harvesting operations; 

12 (iii) forest improvement operations; 

13 (iv) forest bioenergy production; 

14 (v) wood products manufacturing; or 

15 (vi) paper manufacturing; 

16 (C) encourage forest management to im17 prove forest health; and 

18 (D) recognize State initiatives to produce 

19 and use forest biomass. 

20 SMALL REMOTE INCINERATORS

21 SEC. 434. None of the funds made available in this 

22 Act may be used to implement or enforce the regulation 

23 issued on March 21, 2011 at 40 CFR part 60 subparts 

24 CCCC and DDDD with respect to units in the State of 

25 Alaska that are defined as ‘‘small, remote incinerator’’ 


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1 units in those regulations and, until a subsequent regula2 tion is issued, the Administrator shall implement the law 

3 and regulations in effect prior to such date. 

4 FACILITIES RENOVATION FOR URBAN INDIAN ORGANIZA5 TIONS TO THE EXTENT AUTHORIZED FOR OTHER

6 GOVERNMENT CONTRACTORS

7 SEC. 435. The Secretary of Health and Human Serv8 ices may authorize an urban Indian organization (as de9 fined in section 4 of the Indian Health Care Improvement 

10 Act (25 U.S.C. 1603) that is awarded a grant or contract 

11 under title V of that Act (25 U.S.C. 1651 et seq.) to use 

12 funds provided in such grant or contract for minor renova13 tions to facilities or construction or expansion of facilities, 

14 including leased facilities, to assist the urban Indian orga15 nization in meeting or maintaining standards issued by 

16 Federal or State governments or by accreditation organi17 zations. 

18 TIMBER SALE REQUIREMENTS

19 SEC. 436. No timber sale in Alaska’s Region 10 shall 

20 be advertised if the indicated rate is deficit (defined as 

21 the value of the timber is not sufficient to cover all logging 

22 and stumpage costs and provide a normal profit and risk 

23 allowance under the Forest Service’s appraisal process) 

24 when appraised using a residual value appraisal. The west25 ern red cedar timber from those sales which is surplus 


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1 to the needs of the domestic processors in Alaska, shall 

2 be made available to domestic processors in the contiguous 

3 48 United States at prevailing domestic prices. All addi4 tional western red cedar volume not sold to Alaska or con5 tiguous 48 United States domestic processors may be ex6 ported to foreign markets at the election of the timber sale 

7 holder. All Alaska yellow cedar may be sold at prevailing 

8 export prices at the election of the timber sale holder. 

9 TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINIS10 TRATION FOR THE NATIONAL PARKS AND PUBLIC

11 LAND LEGACY RESTORATION FUND

12 SEC. 437. Funds made available in this or any other 

13 Act or otherwise made available to the Department of the 

14 Interior or the Department of Agriculture that are subject 

15 to the allocations in 54 U.S.C. 200402(e)(1) may be fur16 ther allocated or reallocated to the Federal Highway Ad17 ministration for transportation projects of the covered 

18 agencies defined in 54 U.S.C. 200401(2). 

19 FIREFIGHTER PAY CAP

20 SEC. 438. (a)(1) If services performed by the des21 ignated employees under paragraph (2) of this subsection 

22 at the Department of the Interior or the Department of 

23 Agriculture during 2022 are determined by the Secretary 

24 of the Interior or the Secretary of Agriculture, as applica25 ble, to be primarily related to emergency wildland fire supVerDate Sep 11 2014 23:05 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S3034.IS S3034

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1 pression activities, any premium pay for such services 

2 shall be disregarded in calculating the aggregate of such 

3 employee’s basic pay and premium pay for purposes of a 

4 limitation under section 5547(a) of title 5, United States 

5 Code, or under any other provision of law, whether such 

6 employee’s pay is paid on a biweekly or calendar year 

7 basis. Any services during 2022 that generate payments 

8 payable in 2023 shall be disregarded in applying this sub9 section. 

10 (2) The premium pay waiver under paragraph(1) of 

11 this subsection shall apply to individuals serving as 

12 wildland firefighters and as fire management response of13 ficials, including regional fire directors, deputy regional 

14 fire directors, agency officials who directly oversee fire op15 erations, and fire management officers, and individuals 

16 serving on incident management teams (IMTs), at the Na17 tional Interagency Fire Center (NIFC), at Geographic 

18 Area Coordinating Centers (GACCs), and at Operations 

19 centers. 

20 (3) The Departments of the Interior and Agriculture 

21 shall provide a report to Congress detailing the number 

22 of positions, including by occupation, grade, and the ag23 gregate pay by type of pay for each individual who receives 

24 pay authorized under subsection (a)(1). 


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1 (b) Any overtime pay for services described in sub2 section (a) that is payable under an authority outside of 

3 title 5, United States Code, shall be disregarded in calcu4 lating any annual limit on the amount of overtime pay 

5 payable in 2022. 

6 (c) Any pay that is disregarded under either sub7 section (a) or (b) shall be disregarded in calculating such 

8 employee’s aggregate pay for purposes of applying the lim9 itation in section 5307 of title 5, United States Code, dur10 ing 2022. 

11 (d)(1) Pay that is disregarded under subsection (a) 

12 or (b) shall not cause the aggregate of the employee’s basic 

13 pay and premium pay for the applicable calendar year to 

14 exceed the rate of basic pay payable for a position at level 

15 II of the Executive Schedule under section 5313 of title 

16 5, United States Code, as in effect at the end of such cal17 endar year. 

18 (2) For purposes of applying this subsection to an 

19 employee who would otherwise be subject to the premium 

20 pay limits established under section 5547 of title 5, United 

21 States Code, ‘‘premium pay’’ means the premium pay paid 

22 under the provisions of law cited in section 5547(a). 

23 (3) For purposes of applying this subsection to an 

24 employee under a premium pay limit established under an 

25 authority other than section 5547 of title 5, United States 


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1 Code, the agency responsible for administering such limit 

2 shall determine what payments are considered premium 

3 pay. 

4 (4) For the purpose of applying this subsection, 

5 ‘‘basic pay’’ includes any applicable locality-based com6 parability payment under section 5304 of title 5, United 

7 States Code, any applicable special rate supplement under 

8 section 5305 of such title, or any equivalent payment 

9 under a similar provision of law. 

10 (e) If application of this section results in the pay11 ment of additional premium pay to a covered employee of 

12 a type that is normally creditable as basic pay for retire13 ment or any other purpose, that additional pay shall not— 

14 (1) be considered to be basic pay of the covered 

15 employee for any purpose; or 

16 (2) be used in computing a lump-sum payment 

17 to the covered employee for accumulated and ac18 crued annual leave under section 5551 or section 

19 5552 of title 5, United States Code, or other similar 

20 provision of law. 

21 (f) Section 5542(a)(5) of title 5, United States Code, 

22 is amended by striking ‘‘the United States Forest Service 

23 in’’. 


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1 WILD AND SCENIC RIVERS COMPREHENSIVE

2 MANAGEMENT PLANS

3 SEC. 439. The Secretary of Agriculture shall not be 

4 considered to be in violation of section 3(d)(1) of the Wild 

5 and Scenic Rivers Act (16 U.S.C. 1274(d)(1)) for not 

6 completing a comprehensive river management plan within 

7 3 full fiscal years after the date of designation, except the 

8 comprehensive river management plan must be completed 

9 or appropriately updated not later than the completion of 

10 the next applicable forest plan revision. 

11 This Act may be cited as the ‘‘Department of the In12 terior, Environment, and Related Agencies Appropriations 

13 Act, 2022’’. 

Æ 


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