II 

Calendar No. 12 

116TH CONGRESS 

1ST SESSION H. R. 266 

IN THE SENATE OF THE UNITED STATES 

JANUARY 14, 2019 

Received; read the first time 

JANUARY 15, 2019 

Read the second time and placed on the calendar 

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2019, 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, 2019, 

7 and for other purposes, namely: 


kjohnson on DSK79L0C42 with BILLS
2 

HR 266 PCS

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)), $1,196,143,000, 

15 to remain available until expended, including all such 

16 amounts as are collected from permit processing fees, as 

17 authorized but made subject to future appropriation by 

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

19 U.S.C. 191), except that amounts from permit processing 

20 fees may be used for any bureau-related expenses associ21 ated with the processing of oil and gas applications for 

22 permits to drill and related use of authorizations: Pro23 vided, That of the amounts made available under this 

24 heading, $2,000,000 shall be made available to carry out 

25 the Colorado River Basin salinity control program. 


kjohnson on DSK79L0C42 with BILLS
3 

HR 266 PCS

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 2019, so as to result in a final 

8 appropriation estimated at not more than $1,196,143,000, 

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 LAND ACQUISITION

13 For expenses necessary to carry out sections 205, 

14 206, and 318(d) of Public Law 94–579, including admin15 istrative expenses and acquisition of lands or waters, or 

16 interests therein, $26,016,000, to be derived from the 

17 Land and Water Conservation Fund and to remain avail18 able until expended. 

19 OREGON AND CALIFORNIA GRANT LANDS

20 For expenses necessary for management, protection, 

21 and development of resources and for construction, oper22 ation, and maintenance of access roads, reforestation, and 

23 other improvements on the revested Oregon and California 

24 Railroad grant lands, on other Federal lands in the Or25 egon and California land-grant counties of Oregon, and 


kjohnson on DSK79L0C42 with BILLS
4 

HR 266 PCS

1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein, including existing connecting roads on or 

3 adjacent to such grant lands; $106,543,000, to remain 

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

5 aggregate of all receipts during the current fiscal year 

6 from the revested Oregon and California Railroad grant 

7 lands is hereby made a charge against the Oregon and 

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

9 General Fund in the Treasury in accordance with the sec10 ond paragraph of subsection (b) of title II of the Act of 

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

12 RANGE IMPROVEMENTS

13 For rehabilitation, protection, and acquisition of 

14 lands and interests therein, and improvement of Federal 

15 rangelands pursuant to section 401 of the Federal Land 

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

17 notwithstanding any other Act, sums equal to 50 percent 

18 of all moneys received during the prior fiscal year under 

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

20 315b, 315m) and the amount designated for range im21 provements from grazing fees and mineral leasing receipts 

22 from Bankhead-Jones lands transferred to the Depart23 ment of the Interior pursuant to law, but not less than 

24 $10,000,000, to remain available until expended: ProVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
5 

HR 266 PCS

1 vided, That not to exceed $600,000 shall be available for 

2 administrative expenses. 

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related 

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources, 

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations, 

10 and for rehabilitation of damaged property, such amounts 

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

12 1701 et seq.), and under section 28 of the Mineral Leasing 

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

14 Provided, That notwithstanding any provision to the con15 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

16 1735(a)), any moneys that have been or will be received 

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

18 compromise, or settlement, if not appropriate for refund 

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

20 1735(c)), shall be available and may be expended under 

21 the authority of this Act by the Secretary to improve, pro22 tect, or rehabilitate any public lands administered through 

23 the Bureau of Land Management which have been dam24 aged by the action of a resource developer, purchaser, per25 mittee, or any unauthorized person, without regard to 


kjohnson on DSK79L0C42 with BILLS
6 

HR 266 PCS

1 whether all moneys collected from each such action are 

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

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

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

5 which funds were collected may be used to repair other 

6 damaged public lands. 

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended 

9 under existing laws, there is hereby appropriated such 

10 amounts as may be contributed under section 307 of Pub11 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

12 may be advanced for administrative costs, surveys, ap13 praisals, and costs of making conveyances of omitted lands 

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

15 remain available until expended. 

16 ADMINISTRATIVE PROVISIONS

17 The Bureau of Land Management may carry out the 

18 operations funded under this Act by direct expenditure, 

19 contracts, grants, cooperative agreements and reimburs20 able agreements with public and private entities, including 

21 with States. Appropriations for the Bureau shall be avail22 able for purchase, erection, and dismantlement of tem23 porary structures, and alteration and maintenance of nec24 essary buildings and appurtenant facilities to which the 

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


kjohnson on DSK79L0C42 with BILLS
7 

HR 266 PCS

1 the discretion of the Secretary, for information or evidence 

2 concerning violations of laws administered by the Bureau; 

3 miscellaneous and emergency expenses of enforcement ac4 tivities authorized or approved by the Secretary and to be 

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

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

7 Law 90–620 (44 U.S.C. 501), the Bureau may, under co8 operative cost-sharing and partnership arrangements au9 thorized by law, procure printing services from cooperators 

10 in connection with jointly produced publications for which 

11 the cooperators share the cost of printing either in cash 

12 or in services, and the Bureau determines the cooperator 

13 is capable of meeting accepted quality standards: Provided 

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

15 commitment by a State government to provide an identi16 fied amount of money in support of the project may be 

17 carried out by the Bureau on a reimbursable basis. Appro18 priations herein made shall not be available for the de19 struction of healthy, unadopted, wild horses and burros 

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

21 sale of wild horses and burros that results in their destruc22 tion for processing into commercial products. 


kjohnson on DSK79L0C42 with BILLS
8 

HR 266 PCS

1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

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

5 and economic studies, general administration, and for the 

6 performance of other authorized functions related to such 

7 resources, $1,292,067,000, to remain available until Sep8 tember 30, 2020: Provided, That not to exceed 

9 $17,818,000 shall be used for implementing subsections 

10 (a), (b), (c), and (e) of section 4 of the Endangered Spe11 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

12 petitions, developing and issuing proposed and final regu13 lations, and taking any other steps to implement actions 

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

15 (c)(2)(B)(ii)). 

16 CONSTRUCTION

17 For construction, improvement, acquisition, or re18 moval of buildings and other facilities required in the con19 servation, management, investigation, protection, and uti20 lization of fish and wildlife resources, and the acquisition 

21 of lands and interests therein; $50,413,000, to remain 

22 available until expended. 

23 LAND ACQUISITION

24 For expenses necessary to carry out chapter 2003 of 

25 title 54, United States Code, including administrative exVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
9 

HR 266 PCS

1 penses, and for acquisition of land or waters, or interest 

2 therein, in accordance with statutory authority applicable 

3 to the United States Fish and Wildlife Service, 

4 $45,189,000, to be derived from the Land and Water Con5 servation Fund and to remain available until expended: 

6 Provided, That none of the funds appropriated for specific 

7 land acquisition projects may be used to pay for any ad8 ministrative overhead, planning or other management 

9 costs. 

10 COOPERATIVE ENDANGERED SPECIES CONSERVATION

11 FUND

12 For expenses necessary to carry out section 6 of the 

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

14 $49,495,000, to remain available until expended, of which 

15 $18,695,000 is to be derived from the Cooperative Endan16 gered Species Conservation Fund; and of which 

17 $30,800,000 is to be derived from the Land and Water 

18 Conservation Fund. 

19 NATIONAL WILDLIFE REFUGE FUND

20 For expenses necessary to implement the Act of Octo21 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

22 NORTH AMERICAN WETLANDS CONSERVATION FUND

23 For expenses necessary to carry out the provisions 

24 of the North American Wetlands Conservation Act (16 


kjohnson on DSK79L0C42 with BILLS
10 

HR 266 PCS

1 U.S.C. 4401 et seq.), $43,000,000, to remain available 

2 until expended. 

3 NEOTROPICAL MIGRATORY BIRD CONSERVATION

4 For expenses necessary to carry out the Neotropical 

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

6 seq.), $3,910,000, to remain available until expended. 

7 MULTINATIONAL SPECIES CONSERVATION FUND

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

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

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

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

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

15 et seq.), $12,061,000, to remain available until expended. 

16 STATE AND TRIBAL WILDLIFE GRANTS

17 For wildlife conservation grants to States and to the 

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

19 States Virgin Islands, the Northern Mariana Islands, 

20 American Samoa, and Indian tribes under the provisions 

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

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

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

25 $65,571,000, to remain available until expended: ProVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
11 

HR 266 PCS

1 vided, That of the amount provided herein, $4,209,000 is 

2 for a competitive grant program for Indian tribes not sub3 ject to the remaining provisions of this appropriation: Pro4 vided further, That $6,362,000 is for a competitive grant 

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

8 agencies, not subject to the remaining provisions of this 

9 appropriation: Provided further, That the Secretary shall, 

10 after deducting $10,571,000 and administrative expenses, 

11 apportion the amount provided herein in the following 

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

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

15 American Samoa, the United States Virgin Islands, and 

16 the Commonwealth of the Northern Mariana Islands, each 

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

18 thereof: Provided further, That the Secretary shall appor19 tion the remaining amount in the following manner: (1) 

20 one-third of which is based on the ratio to which the land 

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

22 States; and (2) two-thirds of which is based on the ratio 

23 to which the population of such State bears to the total 

24 population of all such States: Provided further, That the 

25 amounts apportioned under this paragraph shall be adVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
12 

HR 266 PCS

1 justed equitably so that no State shall be apportioned a 

2 sum which is less than 1 percent of the amount available 

3 for apportionment under this paragraph for any fiscal year 

4 or more than 5 percent of such amount: Provided further, 

5 That the Federal share of planning grants shall not exceed 

6 75 percent of the total costs of such projects and the Fed7 eral share of implementation grants shall not exceed 65 

8 percent of the total costs of such projects: Provided fur9 ther, That the non-Federal share of such projects may not 

10 be derived from Federal grant programs: Provided further, 

11 That any amount apportioned in 2019 to any State, terri12 tory, or other jurisdiction that remains unobligated as of 

13 September 30, 2020, shall be reapportioned, together with 

14 funds appropriated in 2021, in the manner provided here15 in. 

16 ADMINISTRATIVE PROVISIONS

17 The United States Fish and Wildlife Service may 

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

20 reimbursable agreements with public and private entities. 

21 Appropriations and funds available to the United States 

22 Fish and Wildlife Service shall be available for repair of 

23 damage to public roads within and adjacent to reservation 

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

25 purchase of land at not to exceed $1 for each option; faciliVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
13 

HR 266 PCS

1 ties incident to such public recreational uses on conserva2 tion areas as are consistent with their primary purpose; 

3 and the maintenance and improvement of aquaria, build4 ings, and other facilities under the jurisdiction of the Serv5 ice and to which the United States has title, and which 

6 are used pursuant to law in connection with management, 

7 and investigation of fish and wildlife resources: Provided, 

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

9 under cooperative cost sharing and partnership arrange10 ments authorized by law, procure printing services from 

11 cooperators in connection with jointly produced publica12 tions for which the cooperators share at least one-half the 

13 cost of printing either in cash or services and the Service 

14 determines the cooperator is capable of meeting accepted 

15 quality standards: Provided further, That the Service may 

16 accept donated aircraft as replacements for existing air17 craft: Provided further, That notwithstanding 31 U.S.C. 

18 3302, all fees collected for non-toxic shot review and ap19 proval shall be deposited under the heading ‘‘United 

20 States Fish and Wildlife Service—Resource Management’’ 

21 and shall be available to the Secretary, without further 

22 appropriation, to be used for expenses of processing of 

23 such non-toxic shot type or coating applications and revis24 ing regulations as necessary, and shall remain available 

25 until expended. 


kjohnson on DSK79L0C42 with BILLS
14 

HR 266 PCS

1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, oper4 ation, and maintenance of areas and facilities adminis5 tered by the National Park Service and for the general 

6 administration of the National Park Service, 

7 $2,500,369,000, of which $10,032,000 for planning and 

8 interagency coordination in support of Everglades restora9 tion and $141,961,000 for maintenance, repair, or reha10 bilitation projects for constructed assets and 

11 $149,075,000 for cyclic maintenance projects for con12 structed assets shall remain available until September 30, 

13 2020: Provided, That funds appropriated under this head14 ing in this Act are available for the purposes of section 

15 5 of Public Law 95–348: Provided further, That notwith16 standing section 9(a) of the United States 

17 Semiquincentennial Commission Act of 2016 (Public Law 

18 114–196; 130 Stat. 691), $500,000 of the funds made 

19 available under this heading shall be provided to the orga20 nization selected under section 9(b) of that Act for ex21 penditure by the United States Semiquincentennial Com22 mission in accordance with that Act. 

23 NATIONAL RECREATION AND PRESERVATION

24 For expenses necessary to carry out recreation pro25 grams, natural programs, cultural programs, heritage 


kjohnson on DSK79L0C42 with BILLS
15 

HR 266 PCS

1 partnership programs, environmental compliance and re2 view, international park affairs, and grant administration, 

3 not otherwise provided for, $64,138,000. 

4 HISTORIC PRESERVATION FUND

5 For expenses necessary in carrying out the National 

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

7 54, United States Code), $91,910,000, to be derived from 

8 the Historic Preservation Fund and to remain available 

9 until September 30, 2020: Provided , That of the funds 

10 provided for the Historic Preservation Fund, $500,000 is 

11 for competitive grants for the survey and nomination of 

12 properties to the National Register of Historic Places and 

13 as National Historic Landmarks associated with commu14 nities currently under-represented, as determined by the 

15 Secretary, $13,000,000 is for competitive grants to pre16 serve the sites and stories of the Civil Rights movement, 

17 $8,000,000 is for grants to Historically Black Colleges 

18 and Universities, and $5,000,000 is for competitive grants 

19 for the restoration of historic properties of national, State 

20 and local significance listed on or eligible for inclusion on 

21 the National Register of Historic Places, to be made with22 out imposing the usage or direct grant restrictions of sec23 tion 101(e)(3) (54 U.S.C. 302904) of the National Histor24 ical Preservation Act: Provided further, That such com25 petitive grants shall be made without imposing the matchVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
16 

HR 266 PCS

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

2 United States Code, to States and Indian tribes as defined 

3 in chapter 3003 of such title, Native Hawaiian organiza4 tions, local governments, including Certified Local Govern5 ments, and non-profit organizations. 

6 CONSTRUCTION

7 For construction, improvements, repair, or replace8 ment of physical facilities, and compliance and planning 

9 for programs and areas administered by the National 

10 Park Service, $364,704,000, to remain available until ex11 pended: Provided, That notwithstanding any other provi12 sion of law, for any project initially funded in fiscal year 

13 2019 with a future phase indicated in the National Park 

14 Service 5-Year Line Item Construction Plan, a single pro15 curement may be issued which includes the full scope of 

16 the project: Provided further, That the solicitation and 

17 contract shall contain the clause availability of funds 

18 found at 48 CFR 52.232–18: Provided further, That Na19 tional Park Service Donations, Park Concessions Fran20 chise Fees, and Recreation Fees may be made available 

21 for the cost of adjustments and changes within the origi22 nal scope of effort for projects funded by the National 

23 Park Service Construction appropriation: Provided further, 

24 That the Secretary of the Interior shall consult with the 

25 Committees on Appropriations, in accordance with current 


kjohnson on DSK79L0C42 with BILLS
17 

HR 266 PCS

1 reprogramming thresholds, prior to making any charges 

2 authorized by this section. 

3 LAND ACQUISITION AND STATE ASSISTANCE

4 For expenses necessary to carry out chapter 2003 of 

5 title 54, United States Code, including administrative ex6 penses, and for acquisition of lands or waters, or interest 

7 therein, in accordance with the statutory authority appli8 cable to the National Park Service, $174,444,000, to be 

9 derived from the Land and Water Conservation Fund and 

10 to remain available until expended, of which $124,006,000 

11 is for the State assistance program and of which 

12 $15,000,000 shall be for the American Battlefield Protec13 tion Program grants as authorized by chapter 3081 of title 

14 54, United States Code. 

15 CENTENNIAL CHALLENGE

16 For expenses necessary to carry out the provisions 

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

18 to challenge cost share agreements, $23,000,000, to re19 main available until expended, for Centennial Challenge 

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

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

22 be derived from non-Federal sources in the form of do23 nated cash, assets, or a pledge of donation guaranteed by 

24 an irrevocable letter of credit. 


kjohnson on DSK79L0C42 with BILLS
18 

HR 266 PCS

1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 In addition to other uses set forth in section 

4 101917(c)(2) of title 54, United States Code, franchise 

5 fees credited to a sub-account shall be available for ex6 penditure by the Secretary, without further appropriation, 

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

8 extinguish or reduce liability for Possessory Interest or 

9 leasehold surrender interest. Such funds may only be used 

10 for this purpose to the extent that the benefitting unit an11 ticipated franchise fee receipts over the term of the con12 tract at that unit exceed the amount of funds used to ex13 tinguish or reduce liability. Franchise fees at the benefit14 ting unit shall be credited to the sub-account of the origi15 nating unit over a period not to exceed the term of a single 

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

17 so expended to extinguish or reduce liability. 

18 For the costs of administration of the Land and 

19 Water Conservation Fund grants authorized by section 

20 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

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

22 may retain up to 3 percent of the amounts which are au23 thorized to be disbursed under such section, such retained 

24 amounts to remain available until expended. 


kjohnson on DSK79L0C42 with BILLS
19 

HR 266 PCS

1 National Park Service funds may be transferred to 

2 the Federal Highway Administration (FHWA), Depart3 ment of Transportation, for purposes authorized under 23 

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

5 for FHWA administrative support costs. 

6 UNITED STATES GEOLOGICAL SURVEY

7 SURVEYS, INVESTIGATIONS, AND RESEARCH

8 For expenses necessary for the United States Geo9 logical Survey to perform surveys, investigations, and re10 search covering topography, geology, hydrology, biology, 

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

12 its territories and possessions, and other areas as author13 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

14 to their mineral and water resources; give engineering su15 pervision to power permittees and Federal Energy Regu16 latory Commission licensees; administer the minerals ex17 ploration program (30 U.S.C. 641); conduct inquiries into 

18 the economic conditions affecting mining and materials 

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

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

21 and to publish and disseminate data relative to the fore22 going activities; $1,148,457,000, to remain available until 

23 September 30, 2020; of which $100,000 shall be made 

24 available to the United States Geological Survey Mineral 

25 Resources Program for the development of a map depictVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
20 

HR 266 PCS

1 ing pyrrhotite occurrences throughout the United States; 

2 of which $84,337,000 shall remain available until ex3 pended for satellite operations; and of which $15,164,000 

4 shall be available until expended for deferred maintenance 

5 and capital improvement projects that exceed $100,000 in 

6 cost: Provided, That none of the funds provided for the 

7 ecosystem research activity shall be used to conduct new 

8 surveys on private property, unless specifically authorized 

9 in writing by the property owner: Provided further, That 

10 no part of this appropriation shall be used to pay more 

11 than one-half the cost of topographic mapping or water 

12 resources data collection and investigations carried on in 

13 cooperation with States and municipalities: Provided fur14 ther, That of the amounts made available under this head15 ing, not less than $200,000 shall be used for activities to 

16 better understand mechanisms that result in toxins being 

17 present in harmful algal blooms. 

18 ADMINISTRATIVE PROVISIONS

19 From within the amount appropriated for activities 

20 of the United States Geological Survey such sums as are 

21 necessary shall be available for contracting for the fur22 nishing of topographic maps and for the making of geo23 physical or other specialized surveys when it is administra24 tively determined that such procedures are in the public 

25 interest; construction and maintenance of necessary buildVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
21 

HR 266 PCS

1 ings and appurtenant facilities; acquisition of lands for 

2 gauging stations, observation wells, and seismic equip3 ment; expenses of the United States National Committee 

4 for Geological Sciences; and payment of compensation and 

5 expenses of persons employed by the Survey duly ap6 pointed to represent the United States in the negotiation 

7 and administration of interstate compacts: Provided, That 

8 activities funded by appropriations herein made may be 

9 accomplished through the use of contracts, grants, or co10 operative agreements as defined in section 6302 of title 

11 31, United States Code: Provided further, That the United 

12 States Geological Survey may enter into contracts or coop13 erative agreements directly with individuals or indirectly 

14 with institutions or nonprofit organizations, without re15 gard to 41 U.S.C. 6101, for the temporary or intermittent 

16 services of students or recent graduates, who shall be con17 sidered employees for the purpose of chapters 57 and 81 

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

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

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

21 be considered to be Federal employees for any other pur22 poses. 


kjohnson on DSK79L0C42 with BILLS
22 

HR 266 PCS

1 BUREAU OF OCEAN ENERGY MANAGEMENT

2 OCEAN ENERGY MANAGEMENT

3 For expenses necessary for granting and admin4 istering leases, easements, rights-of-way and agreements 

5 for use for oil and gas, other minerals, energy, and ma6 rine-related purposes on the Outer Continental Shelf and 

7 approving operations related thereto, as authorized by law; 

8 for environmental studies, as authorized by law; for imple9 menting other laws and to the extent provided by Presi10 dential or Secretarial delegation; and for matching grants 

11 or cooperative agreements, $179,266,000, of which 

12 $129,450,000 is to remain available until September 30, 

13 2020, and of which $49,816,000 is to remain available 

14 until expended: Provided, That this total appropriation 

15 shall be reduced by amounts collected by the Secretary 

16 and credited to this appropriation from additions to re17 ceipts resulting from increases to lease rental rates in ef18 fect on August 5, 1993, and from cost recovery fees from 

19 activities conducted by the Bureau of Ocean Energy Man20 agement pursuant to the Outer Continental Shelf Lands 

21 Act, including studies, assessments, analysis, and miscella22 neous administrative activities: Provided further, That the 

23 sum herein appropriated shall be reduced as such collec24 tions are received during the fiscal year, so as to result 

25 in a final fiscal year 2019 appropriation estimated at not 


kjohnson on DSK79L0C42 with BILLS
23 

HR 266 PCS

1 more than $129,450,000: Provided further, That not to 

2 exceed $3,000 shall be available for reasonable expenses 

3 related to promoting volunteer beach and marine cleanup 

4 activities. 

5 BUREAU OF SAFETY AND ENVIRONMENTAL

6 ENFORCEMENT

7 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

8 For expenses necessary for the regulation of oper9 ations related to leases, easements, rights-of-way and 

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

11 and marine-related purposes on the Outer Continental 

12 Shelf, as authorized by law; for enforcing and imple13 menting laws and regulations as authorized by law and 

14 to the extent provided by Presidential or Secretarial dele15 gation; and for matching grants or cooperative agree16 ments, $145,475,000, of which $121,351,000 is to remain 

17 available until September 30, 2020, and of which 

18 $24,124,000 is to remain available until expended: Pro19 vided, That this total appropriation shall be reduced by 

20 amounts collected by the Secretary and credited to this 

21 appropriation from additions to receipts resulting from in22 creases to lease rental rates in effect on August 5, 1993, 

23 and from cost recovery fees from activities conducted by 

24 the Bureau of Safety and Environmental Enforcement 

25 pursuant to the Outer Continental Shelf Lands Act, inVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
24 

HR 266 PCS

1 cluding studies, assessments, analysis, and miscellaneous 

2 administrative activities: Provided further, That the sum 

3 herein appropriated shall be reduced as such collections 

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

5 final fiscal year 2019 appropriation estimated at not more 

6 than $121,351,000. 

7 For an additional amount, $41,765,000, to remain 

8 available until expended, to be reduced by amounts col9 lected by the Secretary and credited to this appropriation, 

10 which shall be derived from non-refundable inspection fees 

11 collected in fiscal year 2019, as provided in this Act: Pro12 vided, That to the extent that amounts realized from such 

13 inspection fees exceed $41,765,000, the amounts realized 

14 in excess of $41,765,000 shall be credited to this appro15 priation and remain available until expended: Provided 

16 further, That for fiscal year 2019, not less than 50 percent 

17 of the inspection fees expended by the Bureau of Safety 

18 and Environmental Enforcement will be used to fund per19 sonnel and mission-related costs to expand capacity and 

20 expedite the orderly development, subject to environmental 

21 safeguards, of the Outer Continental Shelf pursuant to the 

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

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

24 drill. 


kjohnson on DSK79L0C42 with BILLS
25 

HR 266 PCS

1 OIL SPILL RESEARCH

2 For necessary expenses to carry out title I, section 

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

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

5 $12,700,000, which shall be derived from the Oil Spill Li6 ability Trust Fund, to remain available until expended. 

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions 

11 of the Surface Mining Control and Reclamation Act of 

12 1977, Public Law 95–87, $114,900,000, to remain avail13 able until September 30, 2020: Provided, That appropria14 tions for the Office of Surface Mining Reclamation and 

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

17 Surface Mining Reclamation and Enforcement sponsored 

18 training. 

19 In addition, for costs to review, administer, and en20 force permits issued by the Office pursuant to section 507 

21 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re22 main available until expended: Provided, That fees as23 sessed and collected by the Office pursuant to such section 

24 507 shall be credited to this account as discretionary off25 setting collections, to remain available until expended: 


kjohnson on DSK79L0C42 with BILLS
26 

HR 266 PCS

1 Provided further, That the sum herein appropriated from 

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

4 year 2019 appropriation estimated at not more than 

5 $114,900,000. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the 

8 Surface Mining Control and Reclamation Act of 1977, 

9 Public Law 95–87, $22,952,000, to be derived from re10 ceipts of the Abandoned Mine Reclamation Fund and to 

11 remain available until expended: Provided, That pursuant 

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

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

14 the delinquent debt owed to the United States Government 

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

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

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

21 from abandoned mines: Provided further, That such 

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

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


kjohnson on DSK79L0C42 with BILLS
27 

HR 266 PCS

1 State and tribal personnel attending Office of Surface 

2 Mining Reclamation and Enforcement sponsored training. 

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

4 expended, for grants to States and federally recognized In5 dian Tribes for reclamation of abandoned mine lands and 

6 other related activities in accordance with the terms and 

7 conditions in Senate report 115-276: Provided, That such 

8 additional amount shall be used for economic and commu9 nity development in conjunction with the priorities in sec10 tion 403(a) of the Surface Mining Control and Reclama11 tion Act of 1977 (30 U.S.C. 1233(a)): Provided further, 

12 That of such additional amount, $75,000,000 shall be dis13 tributed in equal amounts to the 3 Appalachian States 

14 with the greatest amount of unfunded needs to meet the 

15 priorities described in paragraphs (1) and (2) of such sec16 tion, $30,000,000 shall be distributed in equal amounts 

17 to the 3 Appalachian States with the subsequent greatest 

18 amount of unfunded needs to meet such priorities, and 

19 $10,000,000 shall be for grants to federally recognized In20 dian Tribes without regard to their status as certified or 

21 uncertified under the Surface Mining Control and Rec22 lamation Act of 1977 (30 U.S.C. 1233(a)), for reclama23 tion of abandoned mine lands and other related activities 

24 in accordance with the terms and conditions in Senate re25 port 115-276 and shall be used for economic and commuVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
28 

HR 266 PCS

1 nity development in conjunction with the priorities in sec2 tion 403(a) of the Surface Mining Control and Reclama3 tion Act of 1977: Provided further, That such additional 

4 amount shall be allocated to States and Indian Tribes 

5 within 60 days after the date of enactment of this Act. 

6 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

7 EDUCATION

8 OPERATION OF INDIAN PROGRAMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for the operation of Indian 

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

12 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De13 termination and Education Assistance Act of 1975 (25 

14 U.S.C. 5301 et seq.), the Education Amendments of 1978 

15 (25 U.S.C. 2001–2019), and the Tribally Controlled 

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

17 $2,403,890,000, to remain available until September 30, 

18 2020, except as otherwise provided herein; of which not 

19 to exceed $8,500 may be for official reception and rep20 resentation expenses; of which not to exceed $76,000,000 

21 shall be for welfare assistance payments: Provided, That 

22 in cases of designated Federal disasters, the Secretary 

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

24 to provide for disaster relief to Indian communities af25 fected by the disaster: Provided further, That federally recVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
29 

HR 266 PCS

1 ognized Indian tribes and tribal organizations of federally 

2 recognized Indian tribes may use their tribal priority allo3 cations for unmet welfare assistance costs: Provided fur4 ther, That not to exceed $680,673,000 for school oper5 ations costs of Bureau-funded schools and other education 

6 programs shall become available on July 1, 2019, and 

7 shall remain available until September 30, 2020: Provided 

8 further, That not to exceed $54,174,000 shall remain 

9 available until expended for housing improvement, road 

10 maintenance, attorney fees, litigation support, land 

11 records improvement, and the Navajo-Hopi Settlement 

12 Program: Provided further, That notwithstanding any 

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

14 Indian Self-Determination Act of 1975 (25 U.S.C. 5301 

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

16 of 1978 (25 U.S.C. 2008), not to exceed $81,036,000 

17 within and only from such amounts made available for 

18 school operations shall be available for administrative cost 

19 grants associated with grants approved prior to July 1, 

20 2019: Provided further, That any forestry funds allocated 

21 to a federally recognized tribe which remain unobligated 

22 as of September 30, 2020, may be transferred during fis23 cal year 2021 to an Indian forest land assistance account 

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

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


kjohnson on DSK79L0C42 with BILLS
30 

HR 266 PCS

1 any such unobligated balances not so transferred shall ex2 pire on September 30, 2021: Provided further, That in 

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

4 Bureau may use funds to purchase uniforms or other iden5 tifying articles of clothing for personnel. 

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 Bureau of Indian Affairs for fiscal year 2019, such 

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

12 obligation through September 30, 2020: Provided, That 

13 notwithstanding any other provision of law, no amounts 

14 made available under this heading shall be available for 

15 transfer to another budget account. 

16 CONSTRUCTION

17 (INCLUDING TRANSFER OF FUNDS)

18 For construction, repair, improvement, and mainte19 nance of irrigation and power systems, buildings, utilities, 

20 and other facilities, including architectural and engineer21 ing services by contract; acquisition of lands, and interests 

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

23 construction of the Navajo Indian Irrigation Project pur24 suant to Public Law 87–483; $359,419,000, to remain 

25 available until expended: Provided, That such amounts as 


kjohnson on DSK79L0C42 with BILLS
31 

HR 266 PCS

1 may be available for the construction of the Navajo Indian 

2 Irrigation Project may be transferred to the Bureau of 

3 Reclamation: Provided further, That not to exceed 6 per4 cent of contract authority available to the Bureau of In5 dian Affairs from the Federal Highway Trust Fund may 

6 be used to cover the road program management costs of 

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

8 the Safety of Dams program pursuant to the Act of No9 vember 2, 1921 (25 U.S.C. 13), shall be made available 

10 on a nonreimbursable basis: Provided further, That for fis11 cal year 2019, in implementing new construction, replace12 ment facilities construction, or facilities improvement and 

13 repair project grants in excess of $100,000 that are pro14 vided to grant schools under Public Law 100–297, the 

15 Secretary of the Interior shall use the Administrative and 

16 Audit Requirements and Cost Principles for Assistance 

17 Programs contained in part 12 of title 43, Code of Federal 

18 Regulations, as the regulatory requirements: Provided fur19 ther, That such grants shall not be subject to section 

20 12.61 of title 43, Code of Federal Regulations; the Sec21 retary and the grantee shall negotiate and determine a 

22 schedule of payments for the work to be performed: Pro23 vided further, That in considering grant applications, the 

24 Secretary shall consider whether such grantee would be 

25 deficient in assuring that the construction projects conVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
32 

HR 266 PCS

1 form to applicable building standards and codes and Fed2 eral, tribal, or State health and safety standards as re3 quired by section 1125(b) of title XI of Public Law 95– 

4 561 (25 U.S.C. 2005(b)), with respect to organizational 

5 and financial management capabilities: Provided further, 

6 That if the Secretary declines a grant application, the Sec7 retary shall follow the requirements contained in section 

8 5206(f) of Public Law 100–297 (25 U.S.C. 2504(f)): Pro9 vided further, That any disputes between the Secretary 

10 and any grantee concerning a grant shall be subject to 

11 the disputes provision in section 5208(e) of Public Law 

12 107–110 (25 U.S.C. 2507(e)): Provided further, That in 

13 order to ensure timely completion of construction projects, 

14 the Secretary may assume control of a project and all 

15 funds related to the project, if, within 18 months of the 

16 date of enactment of this Act, any grantee receiving funds 

17 appropriated in this Act or in any prior Act, has not com18 pleted the planning and design phase of the project and 

19 commenced construction: Provided further, That this ap20 propriation may be reimbursed from the Office of the Spe21 cial Trustee for American Indians appropriation for the 

22 appropriate share of construction costs for space expan23 sion needed in agency offices to meet trust reform imple24 mentation: Provided further, That of the funds made avail25 able under this heading, $10,000,000 shall be derived 


kjohnson on DSK79L0C42 with BILLS
33 

HR 266 PCS

1 from the Indian Irrigation Fund established by section 

2 3211 of the WIIN Act (Public Law 114–322; 130 Stat. 

3 1749). 

4 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

5 MISCELLANEOUS PAYMENTS TO INDIANS

6 For payments and necessary administrative expenses 

7 for implementation of Indian land and water claim settle8 ments pursuant to Public Laws 99–264, 100–580, 101– 

9 618, 111–11, 111–291, and 114–322, and for implemen10 tation of other land and water rights settlements, 

11 $55,457,000, to remain available until expended: Pro12 vided, That the Secretary shall make payments in such 

13 amounts as necessary to satisfy the total authorized 

14 amount for the Navajo Nation Water Rights Trust Fund. 

15 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

16 For the cost of guaranteed loans and insured loans, 

17 $9,279,000, of which $1,252,000 is for administrative ex18 penses, as authorized by the Indian Financing Act of 

19 1974: Provided, That such costs, including the cost of 

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

21 of the Congressional Budget Act of 1974: Provided fur22 ther, That these funds are available to subsidize total loan 

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

24 not to exceed $123,565,389. 


kjohnson on DSK79L0C42 with BILLS
34 

HR 266 PCS

1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Indian Affairs may carry out the oper3 ation of Indian programs by direct expenditure, contracts, 

4 cooperative agreements, compacts, and grants, either di5 rectly or in cooperation with States and other organiza6 tions. 

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

8 the Bureau of Indian Affairs may contract for services in 

9 support of the management, operation, and maintenance 

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

11 Notwithstanding any other provision of law, no funds 

12 available to the Bureau of Indian Affairs for central office 

13 oversight and Executive Direction and Administrative 

14 Services (except executive direction and administrative 

15 services funding for Tribal Priority Allocations, regional 

16 offices, and facilities operations and maintenance) shall be 

17 available for contracts, grants, compacts, or cooperative 

18 agreements with the Bureau of Indian Affairs under the 

19 provisions of the Indian Self-Determination Act or the 

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

21 413). 

22 In the event any tribe returns appropriations made 

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

24 action shall not diminish the Federal Government’s trust 

25 responsibility to that tribe, or the government-to-governVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
35 

HR 266 PCS

1 ment relationship between the United States and that 

2 tribe, or that tribe’s ability to access future appropria3 tions. 

4 Notwithstanding any other provision of law, no funds 

5 available to the Bureau of Indian Education, other than 

6 the amounts provided herein for assistance to public 

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

8 support the operation of any elementary or secondary 

9 school in the State of Alaska. 

10 No funds available to the Bureau of Indian Edu11 cation shall be used to support expanded grades for any 

12 school or dormitory beyond the grade structure in place 

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

14 in the Bureau of Indian Education school system as of 

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

16 may waive this prohibition to support expansion of up to 

17 one additional grade when the Secretary determines such 

18 waiver is needed to support accomplishment of the mission 

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

20 grade to expand the elementary grade structure for Bu21 reau-funded schools with a K–2 grade structure on Octo22 ber 1, 1996. Appropriations made available in this or any 

23 prior Act for schools funded by the Bureau shall be avail24 able, in accordance with the Bureau’s funding formula, 

25 only to the schools in the Bureau school system as of SepVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
36 

HR 266 PCS

1 tember 1, 1996, and to any school or school program that 

2 was reinstated in fiscal year 2012. Funds made available 

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

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

5 in section 1141 of the Education Amendments of 1978 

6 (25 U.S.C. 2021)), except that a charter school that is 

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

8 that has operated at a Bureau-funded school before Sep9 tember 1, 1999, may continue to operate during that pe10 riod, but only if the charter school pays to the Bureau 

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

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

13 and vans), the funds of the charter school are kept sepa14 rate and apart from Bureau funds, and the Bureau does 

15 not assume any obligation for charter school programs of 

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

17 school loses such funding. Employees of Bureau-funded 

18 schools sharing a campus with a charter school and per19 forming functions related to the charter school’s operation 

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

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

22 United States Code. 

23 Notwithstanding any other provision of law, including 

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

25 113, if in fiscal year 2003 or 2004 a grantee received indiVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
37 

HR 266 PCS

1 rect and administrative costs pursuant to a distribution 

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

3 Secretary shall continue to distribute indirect and admin4 istrative cost funds to such grantee using the section 5(f) 

5 distribution formula. 

6 Funds available under this Act may not be used to 

7 establish satellite locations of schools in the Bureau school 

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

9 may waive this prohibition in order for an Indian tribe 

10 to provide language and cultural immersion educational 

11 programs for non-public schools located within the juris12 dictional area of the tribal government which exclusively 

13 serve tribal members, do not include grades beyond those 

14 currently served at the existing Bureau-funded school, 

15 provide an educational environment with educator pres16 ence and academic facilities comparable to the Bureau17 funded school, comply with all applicable Tribal, Federal, 

18 or State health and safety standards, and the Americans 

19 with Disabilities Act, and demonstrate the benefits of es20 tablishing operations at a satellite location in lieu of incur21 ring extraordinary costs, such as for transportation or 

22 other impacts to students such as those caused by busing 

23 students extended distances: Provided, That no funds 

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

25 maintenance, rehabilitation, construction or other faciliVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
38 

HR 266 PCS

1 ties-related costs for such assets that are not owned by 

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

3 school’’ means a school location physically separated from 

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

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

6 DEPARTMENTAL OFFICES

7 OFFICE OF THE SECRETARY

8 DEPARTMENTAL OPERATIONS

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for management of the De11 partment of the Interior and for grants and cooperative 

12 agreements, as authorized by law, $131,673,000, to re13 main available until September 30, 2020; of which not to 

14 exceed $15,000 may be for official reception and represen15 tation expenses; and of which up to $1,000,000 shall be 

16 available for workers compensation payments and unem17 ployment compensation payments associated with the or18 derly closure of the United States Bureau of Mines; and 

19 of which $9,000,000 for the Office of Valuation Services 

20 is to be derived from the Land and Water Conservation 

21 Fund and shall remain available until expended; and of 

22 which $9,704,000 for Indian land, mineral, and resource 

23 valuation activities shall remain available until expended: 

24 Provided, That funds for Indian land, mineral, and re25 source valuation activities may, as needed, be transferred 


kjohnson on DSK79L0C42 with BILLS
39 

HR 266 PCS

1 to and merged with the Bureau of Indian Affairs and Bu2 reau of Indian Education ‘‘Operation of Indian Programs’’ 

3 account and the Office of the Special Trustee for Amer4 ican Indians ‘‘Federal Trust Programs’’ account: Provided 

5 further, That funds made available through contracts or 

6 grants obligated during fiscal year 2019, as authorized by 

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

8 5301 et seq.), shall remain available until expended by the 

9 contractor or grantee: Provided further, That within avail10 able amounts provided under this heading, the Secretary 

11 of the Interior shall designate the rest area bound by Alex12 andria Avenue, West Boulevard Drive, and the George 

13 Washington Memorial Parkway on the Mount Vernon 

14 Trail within the George Washington Memorial Parkway 

15 as the ‘‘Peter B. Webster III Memorial Area’’ and any 

16 reference in a law, map regulation, document, paper, or 

17 other record of the United States to the rest area shall 

18 be deemed to be a reference to the ‘‘Peter B. Webster III 

19 Memorial Area’’; Provided further, That the Secretary of 

20 the Interior shall accept and expend private contributions 

21 for the design, procurement, preparation, and installation 

22 of a plaque honoring Peter B. Webster III on the condition 

23 that the Director of the National Park Service shall ap24 prove the design and placement of the plaque: Provided 

25 further, That of the amounts made available under this 


kjohnson on DSK79L0C42 with BILLS
40 

HR 266 PCS

1 heading, $400,000 shall be made available to the commis2 sion established by section 3(a) of the Alyce Spotted Bear 

3 and Walter Soboleff Commission on Native Children Act 

4 (Public Law 114–244; 130 Stat. 981). 

5 ADMINISTRATIVE PROVISIONS

6 For fiscal year 2019, up to $400,000 of the payments 

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

8 may be retained for administrative expenses of the Pay9 ments in Lieu of Taxes Program: Provided, That the 

10 amounts provided under this Act specifically for the Pay11 ments in Lieu of Taxes program are the only amounts 

12 available for payments authorized under chapter 69 of 

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

14 event the sums appropriated for any fiscal year for pay15 ments pursuant to this chapter are insufficient to make 

16 the full payments authorized by that chapter to all units 

17 of local government, then the payment to each local gov18 ernment shall be made proportionally: Provided further, 

19 That the Secretary may make adjustments to payment to 

20 individual units of local government to correct for prior 

21 overpayments or underpayments: Provided further, That 

22 no payment shall be made pursuant to that chapter to oth23 erwise eligible units of local government if the computed 

24 amount of the payment is less than $100. 


kjohnson on DSK79L0C42 with BILLS
41 

HR 266 PCS

1 INSULAR AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories 

4 under the jurisdiction of the Department of the Interior 

5 and other jurisdictions identified in section 104(e) of Pub6 lic Law 108–188, $100,688,000, of which: (1) 

7 $91,240,000 shall remain available until expended for ter8 ritorial assistance, including general technical assistance, 

9 maintenance assistance, disaster assistance, coral reef ini10 tiative activities, and brown tree snake control and re11 search; grants to the judiciary in American Samoa for 

12 compensation and expenses, as authorized by law (48 

13 U.S.C. 1661(c)); grants to the Government of American 

14 Samoa, in addition to current local revenues, for construc15 tion and support of governmental functions; grants to the 

16 Government of the Virgin Islands, as authorized by law; 

17 grants to the Government of Guam, as authorized by law; 

18 and grants to the Government of the Northern Mariana 

19 Islands , as authorized by law (Public Law 94–241; 90 

20 Stat. 272); and (2) $9,448,000 shall be available until 

21 September 30, 2020, for salaries and expenses of the Of22 fice of Insular Affairs: Provided, That all financial trans23 actions of the territorial and local governments herein pro24 vided for, including such transactions of all agencies or 

25 instrumentalities established or used by such governments, 


kjohnson on DSK79L0C42 with BILLS
42 

HR 266 PCS

1 may be audited by the Government Accountability Office, 

2 at its discretion, in accordance with chapter 35 of title 

3 31, United States Code: Provided further, That Northern 

4 Mariana Islands Covenant grant funding shall be provided 

5 according to those terms of the Agreement of the Special 

6 Representatives on Future United States Financial Assist7 ance for the Northern Mariana Islands approved by Public 

8 Law 104–134: Provided further, That the funds for the 

9 program of operations and maintenance improvement are 

10 appropriated to institutionalize routine operations and 

11 maintenance improvement of capital infrastructure with 

12 territorial participation and cost sharing to be determined 

13 by the Secretary based on the grantee’s commitment to 

14 timely maintenance of its capital assets: Provided further, 

15 That any appropriation for disaster assistance under this 

16 heading in this Act or previous appropriations Acts may 

17 be used as non–Federal matching funds for the purpose 

18 of hazard mitigation grants provided pursuant to section 

19 404 of the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5170c). 

21 COMPACT OF FREE ASSOCIATION

22 For grants and necessary expenses, $3,563,000, to 

23 remain available until expended, as provided for in sec24 tions 221(a)(2) and 233 of the Compact of Free Associa25 tion for the Republic of Palau; and section 221(a)(2) of 


kjohnson on DSK79L0C42 with BILLS
43 

HR 266 PCS

1 the Compacts of Free Association for the Government of 

2 the Republic of the Marshall Islands and the Federated 

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

4 658 and Public Law 108–188. 

5 ADMINISTRATIVE PROVISIONS

6 (INCLUDING TRANSFER OF FUNDS)

7 At the request of the Governor of Guam, the Sec8 retary may transfer discretionary funds or mandatory 

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

10 188 and Public Law 104–134, that are allocated for 

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

12 of direct or guaranteed loans, plus not to exceed three per13 cent of the amount of the subsidy transferred for the cost 

14 of loan administration, for the purposes authorized by the 

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

16 of the Consolidated Farm and Rural Development Act for 

17 construction and repair projects in Guam, and such funds 

18 shall remain available until expended: Provided, That such 

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

20 as defined in section 502 of the Congressional Budget Act 

21 of 1974: Provided further, That such loans or loan guaran22 tees may be made without regard to the population of the 

23 area, credit elsewhere requirements, and restrictions on 

24 the types of eligible entities under the Rural Electrifica25 tion Act of 1936 and section 306(a)(1) of the Consolidated 


kjohnson on DSK79L0C42 with BILLS
44 

HR 266 PCS

1 Farm and Rural Development Act: Provided further, That 

2 any funds transferred to the Secretary of Agriculture shall 

3 be in addition to funds otherwise made available to make 

4 or guarantee loans under such authorities. 

5 OFFICE OF THE SOLICITOR

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Solicitor, 

8 $65,674,000. 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of Inspector 

12 General, $52,486,000. 

13 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

14 INDIANS

15 FEDERAL TRUST PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For the operation of trust programs for Indians by 

18 direct expenditure, contracts, cooperative agreements, 

19 compacts, and grants, $112,380,000, to remain available 

20 until expended, of which not to exceed $19,016,000 from 

21 this or any other Act, may be available for historical ac22 counting: Provided, That funds for trust management im23 provements and litigation support may, as needed, be 

24 transferred to or merged with the Bureau of Indian Af25 fairs and Bureau of Indian Education, ‘‘Operation of InVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
45 

HR 266 PCS

1 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala2 ries and Expenses’’ account; and the Office of the Sec3 retary, ‘‘Departmental Operations’’ account: Provided fur4 ther, That funds made available through contracts or 

5 grants obligated during fiscal year 2019, as authorized by 

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

7 5301 et seq.), shall remain available until expended by the 

8 contractor or grantee: Provided further, That notwith9 standing any other provision of law, the Secretary shall 

10 not be required to provide a quarterly statement of per11 formance for any Indian trust account that has not had 

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

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

14 an annual account statement and maintain a record of any 

15 such accounts and shall permit the balance in each such 

16 account to be withdrawn upon the express written request 

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

18 $50,000 is available for the Secretary to make payments 

19 to correct administrative errors of either disbursements 

20 from or deposits to Individual Indian Money or Tribal ac21 counts after September 30, 2002: Provided further, That 

22 erroneous payments that are recovered shall be credited 

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

24 Provided further, That the Secretary shall not be required 

25 to reconcile Special Deposit Accounts with a balance of 


kjohnson on DSK79L0C42 with BILLS
46 

HR 266 PCS

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

2 receives proof of ownership from a Special Deposit Ac3 counts claimant: Provided further, That notwithstanding 

4 section 102 of the American Indian Trust Fund Manage5 ment Reform Act of 1994 (Public Law 103–412) or any 

6 other provision of law, the Secretary may aggregate the 

7 trust accounts of individuals whose whereabouts are un8 known for a continuous period of at least five years and 

9 shall not be required to generate periodic statements of 

10 performance for the individual accounts: Provided further, 

11 That with respect to the eighth proviso, the Secretary shall 

12 continue to maintain sufficient records to determine the 

13 balance of the individual accounts, including any accrued 

14 interest and income, and such funds shall remain available 

15 to the individual account holders. 

16 DEPARTMENT-WIDE PROGRAMS

17 WILDLAND FIRE MANAGEMENT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses for fire preparedness, fire 

20 suppression operations, fire science and research, emer21 gency rehabilitation, fuels management activities, and 

22 rural fire assistance by the Department of the Interior, 

23 $1,116,076,000, to remain available until expended, of 

24 which not to exceed $18,427,000 shall be for the renova25 tion or construction of fire facilities: Provided, That such 


kjohnson on DSK79L0C42 with BILLS
47 

HR 266 PCS

1 funds are also available for repayment of advances to 

2 other appropriation accounts from which funds were pre3 viously transferred for such purposes: Provided further, 

4 That of the funds provided $188,000,000 is for fuels man5 agement activities: Provided further, That of the funds 

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

7 Provided further, That persons hired pursuant to 43 

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

9 without cost from funds available from this appropriation: 

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

11 sums received by a bureau or office of the Department 

12 of the Interior for fire protection rendered pursuant to 42 

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

14 may be credited to the appropriation from which funds 

15 were expended to provide that protection, and are avail16 able without fiscal year limitation: Provided further, That 

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

18 the Secretary of the Interior may enter into procurement 

19 contracts, grants, or cooperative agreements, for fuels 

20 management activities, and for training and monitoring 

21 associated with such fuels management activities on Fed22 eral land, or on adjacent non-Federal land for activities 

23 that benefit resources on Federal land: Provided further, 

24 That the costs of implementing any cooperative agreement 

25 between the Federal Government and any non-Federal enVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
48 

HR 266 PCS

1 tity may be shared, as mutually agreed on by the affected 

2 parties: Provided further, That notwithstanding require3 ments of the Competition in Contracting Act, the Sec4 retary, for purposes of fuels management activities, may 

5 obtain maximum practicable competition among: (1) local 

6 private, nonprofit, or cooperative entities; (2) Youth Con7 servation Corps crews, Public Lands Corps (Public Law 

8 109–154), or related partnerships with State, local, or 

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

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

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

12 workforce to complete such contracts: Provided further, 

13 That in implementing this section, the Secretary shall de14 velop written guidance to field units to ensure account15 ability and consistent application of the authorities pro16 vided herein: Provided further, That funds appropriated 

17 under this heading may be used to reimburse the United 

18 States Fish and Wildlife Service and the National Marine 

19 Fisheries Service for the costs of carrying out their re20 sponsibilities under the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.) to consult and conference, as 

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

23 wildland fire management activities: Provided further, 

24 That the Secretary of the Interior may use wildland fire 

25 appropriations to enter into leases of real property with 


kjohnson on DSK79L0C42 with BILLS
49 

HR 266 PCS

1 local governments, at or below fair market value, to con2 struct capitalized improvements for fire facilities on such 

3 leased properties, including but not limited to fire guard 

4 stations, retardant stations, and other initial attack and 

5 fire support facilities, and to make advance payments for 

6 any such lease or for construction activity associated with 

7 the lease: Provided further, That the Secretary of the Inte8 rior and the Secretary of Agriculture may authorize the 

9 transfer of funds appropriated for wildland fire manage10 ment, in an aggregate amount not to exceed $50,000,000, 

11 between the Departments when such transfers would fa12 cilitate and expedite wildland fire management programs 

13 and projects: Provided further, That funds provided for 

14 wildfire suppression shall be available for support of Fed15 eral emergency response actions: Provided further, That 

16 funds appropriated under this heading shall be available 

17 for assistance to or through the Department of State in 

18 connection with forest and rangeland research, technical 

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

20 the concurrence of the Secretary of State, shall be avail21 able to support forestry, wildland fire management, and 

22 related natural resource activities outside the United 

23 States and its territories and possessions, including tech24 nical assistance, education and training, and cooperation 

25 with United States and international organizations. 


kjohnson on DSK79L0C42 with BILLS
50 

HR 266 PCS

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.), $10,010,000, to remain available until expended. 

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION

10 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

11 To conduct natural resource damage assessment, res12 toration activities, and onshore oil spill preparedness by 

13 the Department of the Interior necessary to carry out the 

14 provisions of the Comprehensive Environmental Response, 

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

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

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

18 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to 

19 remain available until expended. 

20 WORKING CAPITAL FUND

21 For the operation and maintenance of a departmental 

22 financial and business management system, information 

23 technology improvements of general benefit to the Depart24 ment, cybersecurity, and the consolidation of facilities and 

25 operations throughout the Department, $56,735,000, to 


kjohnson on DSK79L0C42 with BILLS
51 

HR 266 PCS

1 remain available until expended: Provided, That none of 

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

3 be used to establish reserves in the Working Capital Fund 

4 account other than for accrued annual leave and deprecia5 tion of equipment without prior approval of the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate: Provided further, That the Secretary may 

8 assess reasonable charges to State, local and tribal govern9 ment employees for training services provided by the Na10 tional Indian Program Training Center, other than train11 ing related to Public Law 93–638: Provided further, That 

12 the Secretary may lease or otherwise provide space and 

13 related facilities, equipment or professional services of the 

14 National Indian Program Training Center to State, local 

15 and tribal government employees or persons or organiza16 tions engaged in cultural, educational, or recreational ac17 tivities (as defined in section 3306(a) of title 40, United 

18 States Code) at the prevailing rate for similar space, facili19 ties, equipment, or services in the vicinity of the National 

20 Indian Program Training Center: Provided further, That 

21 all funds received pursuant to the two preceding provisos 

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

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

24 expenses of the National Indian Program Training Center: 

25 Provided further, That the Secretary may enter into grants 


kjohnson on DSK79L0C42 with BILLS
52 

HR 266 PCS

1 and cooperative agreements to support the Office of Nat2 ural Resource Revenue’s collection and disbursement of 

3 royalties, fees, and other mineral revenue proceeds, as au4 thorized by law. 

5 ADMINISTRATIVE PROVISION

6 There is hereby authorized for acquisition from avail7 able resources within the Working Capital Fund, aircraft 

8 which may be obtained by donation, purchase or through 

9 available excess surplus property: Provided, That existing 

10 aircraft being replaced may be sold, with proceeds derived 

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

12 replacement aircraft. 

13 OFFICE OF NATURAL RESOURCES REVENUE

14 For necessary expenses for management of the collec15 tion and disbursement of royalties, fees, and other mineral 

16 revenue proceeds, and for grants and cooperative agree17 ments, as authorized by law, $137,505,000, to remain 

18 available until September 30, 2020; of which $41,727,000 

19 shall remain available until expended for the purpose of 

20 mineral revenue management activities: Provided, That 

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

22 be available for refunds of overpayments in connection 

23 with certain Indian leases in which the Secretary con24 curred with the claimed refund due, to pay amounts owed 


kjohnson on DSK79L0C42 with BILLS
53 

HR 266 PCS

1 to Indian allottees or tribes, or to correct prior unrecover2 able erroneous payments. 

3 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

4 (INCLUDING TRANSFERS OF FUNDS)

5 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

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

7 available for expenditure or transfer (within each bureau 

8 or office), with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft, 

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made 

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That 

16 all funds used pursuant to this section must be replenished 

17 by a supplemental appropriation, which must be requested 

18 as promptly as possible. 

19 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

20 SEC. 102. The Secretary may authorize the expendi21 ture or transfer of any no year appropriation in this title, 

22 in addition to the amounts included in the budget pro23 grams of the several agencies, for the suppression or emer24 gency prevention of wildland fires on or threatening lands 

25 under the jurisdiction of the Department of the Interior; 


kjohnson on DSK79L0C42 with BILLS
54 

HR 266 PCS

1 for the emergency rehabilitation of burned-over lands 

2 under its jurisdiction; for emergency actions related to po3 tential or actual earthquakes, floods, volcanoes, storms, or 

4 other unavoidable causes; for contingency planning subse5 quent to actual oil spills; for response and natural resource 

6 damage assessment activities related to actual oil spills or 

7 releases of hazardous substances into the environment; for 

8 the prevention, suppression, and control of actual or po9 tential grasshopper and Mormon cricket outbreaks on 

10 lands under the jurisdiction of the Secretary, pursuant to 

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

12 (7 U.S.C. 7717(b)); for emergency reclamation projects 

13 under section 410 of Public Law 95–87; and shall trans14 fer, from any no year funds available to the Office of Sur15 face Mining Reclamation and Enforcement, such funds as 

16 may be necessary to permit assumption of regulatory au17 thority in the event a primacy State is not carrying out 

18 the regulatory provisions of the Surface Mining Act: Pro19 vided, That appropriations made in this title for wildland 

20 fire operations shall be available for the payment of obliga21 tions incurred during the preceding fiscal year, and for 

22 reimbursement to other Federal agencies for destruction 

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

24 their use for wildland fire operations, with such reimburse25 ment to be credited to appropriations currently available 


kjohnson on DSK79L0C42 with BILLS
55 

HR 266 PCS

1 at the time of receipt thereof: Provided further, That for 

2 wildland fire operations, no funds shall be made available 

3 under this authority until the Secretary determines that 

4 funds appropriated for ‘‘wildland fire suppression’’ shall 

5 be exhausted within 30 days: Provided further, That all 

6 funds used pursuant to this section must be replenished 

7 by a supplemental appropriation, which must be requested 

8 as promptly as possible: Provided further, That such re9 plenishment funds shall be used to reimburse, on a pro 

10 rata basis, accounts from which emergency funds were 

11 transferred. 

12 AUTHORIZED USE OF FUNDS

13 SEC. 103. Appropriations made to the Department 

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

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

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

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

18 motor vehicles, including specially equipped law enforce19 ment vehicles; hire, maintenance, and operation of air20 craft; hire of passenger motor vehicles; purchase of re21 prints; payment for telephone service in private residences 

22 in the field, when authorized under regulations approved 

23 by the Secretary; and the payment of dues, when author24 ized by the Secretary, for library membership in societies 

25 or associations which issue publications to members only 


kjohnson on DSK79L0C42 with BILLS
56 

HR 266 PCS

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

2 are not members. 

3 AUTHORIZED USE OF FUNDS, INDIAN TRUST

4 MANAGEMENT

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

6 headings Bureau of Indian Affairs and Bureau of Indian 

7 Education, and Office of the Special Trustee for American 

8 Indians and any unobligated balances from prior appro9 priations Acts made under the same headings shall be 

10 available for expenditure or transfer for Indian trust man11 agement and reform activities. Total funding for historical 

12 accounting activities shall not exceed amounts specifically 

13 designated in this Act for such purpose. 

14 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

15 AFFAIRS

16 SEC. 105. Notwithstanding any other provision of 

17 law, the Secretary of the Interior is authorized to redis18 tribute any Tribal Priority Allocation funds, including 

19 tribal base funds, to alleviate tribal funding inequities by 

20 transferring funds to address identified, unmet needs, 

21 dual enrollment, overlapping service areas or inaccurate 

22 distribution methodologies. No tribe shall receive a reduc23 tion in Tribal Priority Allocation funds of more than 10 

24 percent in fiscal year 2019. Under circumstances of dual 

25 enrollment, overlapping service areas or inaccurate disVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
57 

HR 266 PCS

1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

4 SEC. 106. Notwithstanding any other provision of 

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

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

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

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

9 of operating and maintaining facilities in the support of 

10 transportation and accommodation of visitors to Ellis, 

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

12 administrative activities, by donation or with appropriated 

13 funds, including franchise fees (and other monetary con14 sideration), or by exchange; and the Secretary is author15 ized to negotiate and enter into leases, subleases, conces16 sion contracts or other agreements for the use of such fa17 cilities on such terms and conditions as the Secretary may 

18 determine reasonable. 

19 OUTER CONTINENTAL SHELF INSPECTION FEES

20 SEC. 107. (a) In fiscal year 2019, the Secretary shall 

21 collect a nonrefundable inspection fee, which shall be de22 posited in the ‘‘Offshore Safety and Environmental En23 forcement’’ account, from the designated operator for fa24 cilities subject to inspection under 43 U.S.C. 1348(c). 


kjohnson on DSK79L0C42 with BILLS
58 

HR 266 PCS

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

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

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

4 2019 shall be: 

5 (1) $10,500 for facilities with no wells, but with 

6 processing equipment or gathering lines; 

7 (2) $17,000 for facilities with 1 to 10 wells, 

8 with any combination of active or inactive wells; and 

9 (3) $31,500 for facilities with more than 10 

10 wells, with any combination of active or inactive 

11 wells. 

12 (c) Fees for drilling rigs shall be assessed for all in13 spections completed in fiscal year 2019. Fees for fiscal 

14 year 2019 shall be: 

15 (1) $30,500 per inspection for rigs operating in 

16 water depths of 500 feet or more; and 

17 (2) $16,700 per inspection for rigs operating in 

18 water depths of less than 500 feet. 

19 (d) The Secretary shall bill designated operators 

20 under subsection (b) within 60 days, with payment re21 quired within 30 days of billing. The Secretary shall bill 

22 designated operators under subsection (c) within 30 days 

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

24 with payment required within 30 days of billing. 


kjohnson on DSK79L0C42 with BILLS
59 

HR 266 PCS

1 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

2 AND ENFORCEMENT REORGANIZATION

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

4 implement a reorganization of the Bureau of Ocean En5 ergy Management, Regulation and Enforcement, may 

6 transfer funds among and between the successor offices 

7 and bureaus affected by the reorganization only in con8 formance with the reprogramming guidelines described in 

9 Senate report 115-276. 

10 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

11 BURRO HOLDING FACILITIES

12 SEC. 109. Notwithstanding any other provision of 

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

14 multiyear cooperative agreements with nonprofit organiza15 tions and other appropriate entities, and may enter into 

16 multiyear contracts in accordance with the provisions of 

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

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

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

20 wild free roaming horses and burros by such organizations 

21 or entities on private land. Such cooperative agreements 

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

23 at the discretion of the Secretary. 


kjohnson on DSK79L0C42 with BILLS
60 

HR 266 PCS

1 MASS MARKING OF SALMONIDS

2 SEC. 110. The United States Fish and Wildlife Serv3 ice shall, in carrying out its responsibilities to protect 

4 threatened and endangered species of salmon, implement 

5 a system of mass marking of salmonid stocks, intended 

6 for harvest, that are released from federally operated or 

7 federally financed hatcheries including but not limited to 

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

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

10 identified by commercial and recreational fishers. 

11 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

12 SEC. 111. Notwithstanding any other provision of 

13 law, during fiscal year 2019, in carrying out work involv14 ing cooperation with State, local, and tribal governments 

15 or any political subdivision thereof, Indian Affairs may 

16 record obligations against accounts receivable from any 

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

18 the fiscal year shall not exceed total budgetary resources 

19 available at the end of the fiscal year. 

20 HUMANE TRANSFER OF EXCESS ANIMALS

21 SEC. 112. Notwithstanding any other provision of 

22 law, the Secretary of the Interior may transfer excess wild 

23 horses or burros that have been removed from the public 

24 lands to other Federal, State, and local government agen25 cies for use as work animals: Provided, That the Secretary 


kjohnson on DSK79L0C42 with BILLS
61 

HR 266 PCS

1 may make any such transfer immediately upon request of 

2 such Federal, State, or local government agency: Provided 

3 further, That any excess animal transferred under this 

4 provision shall lose its status as a wild free-roaming horse 

5 or burro as defined in the Wild Free-Roaming Horses and 

6 Burros Act: Provided further, That any Federal, State, or 

7 local government agency receiving excess wild horses or 

8 burros as authorized in this section shall not: destroy the 

9 horses or burros in a way that results in their destruction 

10 into commercial products; sell or otherwise transfer the 

11 horses or burros in a way that results in their destruction 

12 for processing into commercial products; or euthanize the 

13 horses or burros except upon the recommendation of a li14 censed veterinarian, in cases of severe injury, illness, or 

15 advanced age. 

16 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

17 PROGRAM

18 SEC. 113. (a) Notwithstanding any other provision 

19 of law relating to Federal grants and cooperative agree20 ments, the Secretary of the Interior is authorized to make 

21 grants to, or enter into cooperative agreements with, pri22 vate nonprofit organizations designated by the Secretary 

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

24 to utilize the talents of older Americans in programs auVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
62 

HR 266 PCS

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 PAYMENTS IN LIEU OF TAXES (PILT)

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

19 Code, is amended by striking ‘‘fiscal year 2018’’ and in20 serting ‘‘fiscal year 2019’’. 

21 SAGE-GROUSE

22 SEC. 115. None of the funds made available by this 

23 or any other Act may be used by the Secretary of the Inte24 rior to write or issue pursuant to section 4 of the Endan25 gered Species Act of 1973 (16 U.S.C. 1533)— 


kjohnson on DSK79L0C42 with BILLS
63 

HR 266 PCS

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

2 (Centrocercus urophasianus); 

3 (2) a proposed rule for the Columbia basin dis4 tinct population segment of greater sage-grouse. 

5 TECHNICAL CORRECTION

6 SEC. 116. Division II of Public Law 104–333 (54 

7 U.S.C. 320101 note), as amended by section 116(b)(2) of 

8 Public Law 114–113, is amended in each of sections 208, 

9 310, and 607, by striking ‘‘2017’’ and inserting ‘‘2019’’. 

10 DAMAGE TO DEPARTMENT OF THE INTERIOR FACILITIES

11 BY VOLCANIC ERUPTION

12 SEC. 117. (a) Not later than 60 days after the date 

13 of enactment of this Act, the Secretary of the Interior 

14 shall submit to Congress a report on each facility and re15 lated infrastructure of the Department of the Interior 

16 damaged by a volcanic eruption covered by a major dis17 aster declared by the President in calendar year 2018 in 

18 accordance with section 401 of the Robert T. Stafford Dis19 aster Relief and Emergency Assistance Act (42 U.S.C. 

20 5170) (referred to in this section as a ‘‘covered facility’’). 

21 (b) The report submitted under subsection (a) shall 

22 include— 

23 (1) an inventory of all covered facilities; 

24 (2) a description of— 

25 (A) any closures of covered facilities; and 


kjohnson on DSK79L0C42 with BILLS
64 

HR 266 PCS

1 (B) the estimated impact on visitorship to 

2 covered facilities open to the public as a result 

3 of a volcanic eruption; and 

4 (3) a plan— 

5 (A) to restore or replace covered facilities; 

6 and 

7 (B) to restore visitorship levels to covered 

8 facilities open to the public to historic 

9 visitorship levels. 

10 (c) In preparing the plan required under subsection 

11 (b)(3), the Secretary of the Interior shall— 

12 (1) engage the community in which the covered 

13 facility is located, including the State and units of 

14 local government; and 

15 (2) include the estimated costs of carrying out 

16 the activities described in the plan. 

17 SEC. 118. (a) There are appropriated under the head18 ing ‘‘Operation of Indian Programs’’ under the heading 

19 ‘‘Bureau of Indian Affairs and Bureau of Indian Edu20 cation’’, in addition to any other amounts made available 

21 under such heading and in order to provide additional 

22 funding for hiring staff for tribal detention facilities, in23 cluding addressing the needs of newly funded tribal deten24 tion facilities, $2,000,000, to remain available until Sep25 tember 30, 2020. 


kjohnson on DSK79L0C42 with BILLS
65 

HR 266 PCS

1 (b) Notwithstanding any other provision of this Act, 

2 the total amount appropriated under the heading ‘‘Work3 ing Capital Fund’’ for the Department of the Interior is 

4 hereby reduced by $2,000,000. 

5 TITLE II 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 SCIENCE AND TECHNOLOGY

8 (INCLUDING RESCISSION OF FUNDS)

9 For science and technology, including research and 

10 development activities, which shall include research and 

11 development activities under the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980; necessary expenses for personnel and related costs 

14 and travel expenses; procurement of laboratory equipment 

15 and supplies; and other operating expenses in support of 

16 research and development, $717,723,000, to remain avail17 able until September 30, 2020: Provided, That of the 

18 funds included under this heading, $5,000,000 shall be for 

19 Research: National Priorities as specified in Senate report 

20 115-276: Provided further, That of unobligated balances 

21 from appropriations made available under this heading, 

22 $11,250,000 are permanently rescinded: Provided further, 

23 That no amounts may be rescinded pursuant to the pre24 ceding proviso from amounts made available in the first 

25 proviso for Research: National Priorities: Provided further, 


kjohnson on DSK79L0C42 with BILLS
66 

HR 266 PCS

1 That of the amounts made available under this heading, 

2 not less than $5,000,000 shall be used to investigate 

3 health impacts from exposure to harmful algal blooms and 

4 cyanobacteria toxins, and to develop innovative methods 

5 to monitor, characterize, and predict blooms for early ac6 tion. 

7 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

8 (INCLUDING RESCISSION OF FUNDS)

9 For environmental programs and management, in10 cluding necessary expenses, not otherwise provided for, for 

11 personnel and related costs and travel expenses; hire of 

12 passenger motor vehicles; hire, maintenance, and oper13 ation of aircraft; purchase of reprints; library member14 ships in societies or associations which issue publications 

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

16 subscribers who are not members; administrative costs of 

17 the brownfields program under the Small Business Liabil18 ity Relief and Brownfields Revitalization Act of 2002; im19 plementation of a coal combustion residual permit pro20 gram under section 2301 of the Water and Waste Act of 

21 2016; and not to exceed $9,000 for official reception and 

22 representation expenses, $2,659,675,000, to remain avail23 able until September 30, 2020: Provided, That of the 

24 funds included under this heading, $15,000,000 shall be 

25 for Environmental Protection: National Priorities as speciVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
67 

HR 266 PCS

1 fied in Senate report 115-276: Provided further, That of 

2 the funds included under this heading, $454,958,000 shall 

3 be for Geographic Programs specified in the tables in the 

4 explanatory statement described in section 436 of this Act: 

5 Provided further, That of the unobligated balances from 

6 appropriations made available under this heading, 

7 $61,676,000 are permanently rescinded: Provided further, 

8 That no amounts may be rescinded pursuant to the pre9 ceding proviso from amounts made available in the first 

10 proviso for Environmental Protection: National Priorities, 

11 from amounts made available in the second proviso for Ge12 ographic Programs, or from the National Estuary Pro13 gram (33 U.S.C. 1330). 

14 In addition, $5,000,000 to remain available until ex15 pended, for necessary expenses of activities described in 

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

17 U.S.C. 2625(b)(1)): Provided, That fees collected pursu18 ant to that section of that Act and deposited in the ‘‘TSCA 

19 Service Fee Fund’’ as discretionary offsetting receipts in 

20 fiscal year 2019 shall be retained and used for necessary 

21 salaries and expenses in this appropriation and shall re22 main available until expended: Provided further, That the 

23 sum herein appropriated in this paragraph from the gen24 eral fund for fiscal year 2019 shall be reduced by the 

25 amount of discretionary offsetting receipts received during 


kjohnson on DSK79L0C42 with BILLS
68 

HR 266 PCS

1 fiscal year 2019, so as to result in a final fiscal year 2019 

2 appropriation from the general fund estimated at not more 

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

4 realized from such receipts exceed $5,000,000, those 

5 amount in excess of $5,000,000 shall be deposited in the 

6 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re7 ceipts in fiscal year 2019, shall be retained and used for 

8 necessary salaries and expenses in this account, and shall 

9 remain available until expended: Provided further, That of 

10 the funds included in the first paragraph under this head11 ing, the Chemical Risk Review and Reduction program 

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

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

14 of appropriations for that program project for fiscal year 

15 2014. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

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

20 until September 30, 2020. 

21 BUILDINGS AND FACILITIES

22 For construction, repair, improvement, extension, al23 teration, and purchase of fixed equipment or facilities of, 

24 or for use by, the Environmental Protection Agency, 

25 $34,467,000, to remain available until expended. 


kjohnson on DSK79L0C42 with BILLS
69 

HR 266 PCS

1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses to carry out the Comprehen4 sive Environmental Response, Compensation, and Liabil5 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

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

7 $1,091,947,000, to remain available until expended, con8 sisting of such sums as are available in the Trust Fund 

9 on September 30, 2018, as authorized by section 517(a) 

10 of the Superfund Amendments and Reauthorization Act 

11 of 1986 (SARA) and up to $1,091,947,000 as a payment 

12 from general revenues to the Hazardous Substance Super13 fund for purposes as authorized by section 517(b) of 

14 SARA: Provided, That funds appropriated under this 

15 heading may be allocated to other Federal agencies in ac16 cordance with section 111(a) of CERCLA: Provided fur17 ther, That of the funds appropriated under this heading, 

18 $8,718,000 shall be paid to the ‘‘Office of Inspector Gen19 eral’’ appropriation to remain available until September 

20 30, 2020, and $17,398,000 shall be paid to the ‘‘Science 

21 and Technology’’ appropriation to remain available until 

22 September 30, 2020. 


kjohnson on DSK79L0C42 with BILLS
70 

HR 266 PCS

1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

2 PROGRAM

3 For necessary expenses to carry out leaking under4 ground storage tank cleanup activities authorized by sub5 title I of the Solid Waste Disposal Act, $91,941,000, to 

6 remain available until expended, of which $66,572,000 

7 shall be for carrying out leaking underground storage tank 

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

9 Solid Waste Disposal Act; $25,369,000 shall be for car10 rying out the other provisions of the Solid Waste Disposal 

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

12 Code: Provided, That the Administrator is authorized to 

13 use appropriations made available under this heading to 

14 implement section 9013 of the Solid Waste Disposal Act 

15 to provide financial assistance to federally recognized In16 dian tribes for the development and implementation of 

17 programs to manage underground storage tanks. 

18 INLAND OIL SPILL PROGRAMS

19 For expenses necessary to carry out the Environ20 mental Protection Agency’s responsibilities under the Oil 

21 Pollution Act of 1990, $18,209,000, to be derived from 

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

23 expended. 


kjohnson on DSK79L0C42 with BILLS
71 

HR 266 PCS

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolv4 ing funds and performance partnership grants, 

5 $3,575,041,000, to remain available until expended, of 

6 which— 

7 (1) $1,394,000,000 shall be for making capital8 ization grants for the Clean Water State Revolving 

9 Funds under title VI of the Federal Water Pollution 

10 Control Act; and of which $864,000,000 shall be for 

11 making capitalization grants for the Drinking Water 

12 State Revolving Funds under section 1452 of the 

13 Safe Drinking Water Act: Provided, That for fiscal 

14 year 2019, to the extent there are sufficient eligible 

15 project applications and projects are consistent with 

16 State Intended Use Plans, not less than 10 percent 

17 of the funds made available under this title to each 

18 State for Clean Water State Revolving Fund capital19 ization grants shall be used by the State for projects 

20 to address green infrastructure, water or energy effi21 ciency improvements, or other environmentally inno22 vative activities: Provided further, That for fiscal 

23 year 2019, funds made available under this title to 

24 each State for Drinking Water State Revolving 

25 Fund capitalization grants may, at the discretion of 


kjohnson on DSK79L0C42 with BILLS
72 

HR 266 PCS

1 each State, be used for projects to address green in2 frastructure, water or energy efficiency improve3 ments, or other environmentally innovative activities: 

4 Provided further, That notwithstanding section 

5 603(d)(7) of the Federal Water Pollution Control 

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

7 pollution control revolving fund that may be used by 

8 a State to administer the fund shall not apply to 

9 amounts included as principal in loans made by such 

10 fund in fiscal year 2019 and prior years where such 

11 amounts represent costs of administering the fund 

12 to the extent that such amounts are or were deemed 

13 reasonable by the Administrator, accounted for sepa14 rately from other assets in the fund, and used for 

15 eligible purposes of the fund, including administra16 tion: Provided further, That for fiscal year 2019, 

17 notwithstanding the provisions of subsections (g)(1), 

18 (h), and (l) of section 201 of the Federal Water Pol19 lution Control Act, grants made under title II of 

20 such Act for American Samoa, Guam, the common21 wealth of the Northern Marianas, the United States 

22 Virgin Islands, and the District of Columbia may 

23 also be made for the purpose of providing assistance: 

24 (1) solely for facility plans, design activities, or 

25 plans, specifications, and estimates for any proposed 


kjohnson on DSK79L0C42 with BILLS
73 

HR 266 PCS

1 project for the construction of treatment works; and 

2 (2) for the construction, repair, or replacement of 

3 privately owned treatment works serving one or 

4 more principal residences or small commercial estab5 lishments: Provided further, That for fiscal year 

6 2019, notwithstanding the provisions of such sub7 sections (g)(1), (h), and (l) of section 201 and sec8 tion 518(c) of the Federal Water Pollution Control 

9 Act, funds reserved by the Administrator for grants 

10 under section 518(c) of the Federal Water Pollution 

11 Control Act may also be used to provide assistance: 

12 (1) solely for facility plans, design activities, or 

13 plans, specifications, and estimates for any proposed 

14 project for the construction of treatment works; and 

15 (2) for the construction, repair, or replacement of 

16 privately owned treatment works serving one or 

17 more principal residences or small commercial estab18 lishments: Provided further, That for fiscal year 

19 2019, notwithstanding any provision of the Federal 

20 Water Pollution Control Act and regulations issued 

21 pursuant thereof, up to a total of $2,000,000 of the 

22 funds reserved by the Administrator for grants 

23 under section 518(c) of such Act may also be used 

24 for grants for training, technical assistance, and 

25 educational programs relating to the operation and 


kjohnson on DSK79L0C42 with BILLS
74 

HR 266 PCS

1 management of the treatment works specified in sec2 tion 518(c) of such Act: Provided further, That for 

3 fiscal year 2019, funds reserved under section 

4 518(c) of such Act shall be available for grants only 

5 to Indian tribes, as defined in section 518(h) of such 

6 Act and former Indian reservations in Oklahoma (as 

7 determined by the Secretary of the Interior) and Na8 tive Villages as defined in Public Law 92–203: Pro9 vided further, That for fiscal year 2019, notwith10 standing the limitation on amounts in section 518(c) 

11 of the Federal Water Pollution Control Act, up to a 

12 total of 2 percent of the funds appropriated, or 

13 $30,000,000, whichever is greater, and notwith14 standing the limitation on amounts in section 

15 1452(i) of the Safe Drinking Water Act, up to a 

16 total of 2 percent of the funds appropriated, or 

17 $20,000,000, whichever is greater, for State Revolv18 ing Funds under such Acts may be reserved by the 

19 Administrator for grants under section 518(c) and 

20 section 1452(i) of such Acts: Provided further, That 

21 for fiscal year 2019, notwithstanding the amounts 

22 specified in section 205(c) of the Federal Water Pol23 lution Control Act, up to 1.5 percent of the aggre24 gate funds appropriated for the Clean Water State 

25 Revolving Fund program under the Act less any 


kjohnson on DSK79L0C42 with BILLS
75 

HR 266 PCS

1 sums reserved under section 518(c) of the Act, may 

2 be reserved by the Administrator for grants made 

3 under title II of the Federal Water Pollution Control 

4 Act for American Samoa, Guam, the Commonwealth 

5 of the Northern Marianas, and United States Virgin 

6 Islands: Provided further, That for fiscal year 2019, 

7 notwithstanding the limitations on amounts specified 

8 in section 1452(j) of the Safe Drinking Water Act, 

9 up to 1.5 percent of the funds appropriated for the 

10 Drinking Water State Revolving Fund programs 

11 under the Safe Drinking Water Act may be reserved 

12 by the Administrator for grants made under section 

13 1452(j) of the Safe Drinking Water Act: Provided 

14 further, That 10 percent of the funds made available 

15 under this title to each State for Clean Water State 

16 Revolving Fund capitalization grants and 20 percent 

17 of the funds made available under this title to each 

18 State for Drinking Water State Revolving Fund cap19 italization grants shall be used by the State to pro20 vide additional subsidy to eligible recipients in the 

21 form of forgiveness of principal, negative interest 

22 loans, or grants (or any combination of these), and 

23 shall be so used by the State only where such funds 

24 are provided as initial financing for an eligible re25 cipient or to buy, refinance, or restructure the debt 


kjohnson on DSK79L0C42 with BILLS
76 

HR 266 PCS

1 obligations of eligible recipients only where such debt 

2 was incurred on or after the date of enactment of 

3 this Act, or where such debt was incurred prior to 

4 the date of enactment of this Act if the State, with 

5 concurrence from the Administrator, determines that 

6 such funds could be used to help address a threat 

7 to public health from heightened exposure to lead in 

8 drinking water or if a Federal or State emergency 

9 declaration has been issued due to a threat to public 

10 health from heightened exposure to lead in a munic11 ipal drinking water supply before the date of enact12 ment of this Act: Provided further, That in a State 

13 in which such an emergency declaration has been 

14 issued, the State may use more than 20 percent of 

15 the funds made available under this title to the 

16 State for Drinking Water State Revolving Fund cap17 italization grants to provide additional subsidy to eli18 gible recipients; 

19 (2) $15,000,000 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 


kjohnson on DSK79L0C42 with BILLS
77 

HR 266 PCS

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) $25,000,000 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 


kjohnson on DSK79L0C42 with BILLS
78 

HR 266 PCS

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) $80,000,000 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 not more than 25 percent of the amount 

12 appropriated to carry out section 104(k) of 

13 CERCLA shall be used for site characterization, as14 sessment, and remediation of facilities described in 

15 section 101(39)(D)(ii)(II) of CERCLA: Provided 

16 further, That at least 10 percent shall be allocated 

17 for assistance in persistent poverty counties: Pro18 vided further, That for purposes of this section, the 

19 term ‘‘persistent poverty counties’’ means any coun20 ty that has had 20 percent or more of its population 

21 living in poverty over the past 30 years, as measured 

22 by the 1990 and 2000 decennial censuses and the 

23 most recent Small Area Income and Poverty Esti24 mates; 


kjohnson on DSK79L0C42 with BILLS
79 

HR 266 PCS

1 (5) $50,000,000 shall be for grants under title 

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

3 (6) $50,000,000 shall be for targeted airshed 

4 grants in accordance with the terms and conditions 

5 in Senate report 115-276; 

6 (7) $4,000,000 shall be to carry out the water 

7 quality program authorized in section 5004(d) of the 

8 Water Infrastructure Improvements for the Nation 

9 Act (Public Law 114–322); and 

10 (8) $1,093,041,000 shall be for grants, includ11 ing associated program support costs, to States, fed12 erally recognized tribes, interstate agencies, tribal 

13 consortia, and air pollution control agencies for 

14 multi-media or single media pollution prevention, 

15 control and abatement and related activities, includ16 ing activities pursuant to the provisions set forth 

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

18 making grants under section 103 of the Clean Air 

19 Act for particulate matter monitoring and data col20 lection activities subject to terms and conditions 

21 specified by the Administrator, of which: 

22 $47,745,000 shall be for carrying out section 128 of 

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

24 Information Exchange Network grants, including as25 sociated program support costs; $1,498,000 shall be 


kjohnson on DSK79L0C42 with BILLS
80 

HR 266 PCS

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

2 Solid Waste Disposal Act, which shall be in addition 

3 to funds appropriated under the heading ‘‘Leaking 

4 Underground Storage Tank Trust Fund Program’’ 

5 to carry out the provisions of the Solid Waste Dis6 posal Act specified in section 9508(c) of the Internal 

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

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

9 available for grants under section 106 of the Federal 

10 Water Pollution Control Act shall be for State par11 ticipation in national- and State-level statistical sur12 veys of water resources and enhancements to State 

13 monitoring programs; $27,000,000 shall be for mul14 tipurpose grants, including interagency agreements. 

15 WATER INFRASTRUCTURE FINANCE AND INNOVATION

16 PROGRAM ACCOUNT

17 For the cost of direct loans and for the cost of guar18 anteed loans, as authorized by the Water Infrastructure 

19 Finance and Innovation Act of 2014, $5,000,000, to re20 main available until expended: Provided, That such costs, 

21 including the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of 

23 1974: Provided further, That these funds are available to 

24 subsidize gross obligations for the principal amount of di25 rect loans, including capitalized interest, and total loan 


kjohnson on DSK79L0C42 with BILLS
81 

HR 266 PCS

1 principal, including capitalized interest, any part of which 

2 is to be guaranteed, not to exceed $610,000,000. 

3 In addition, fees authorized to be collected pursuant 

4 to sections 5029 and 5030 of the Water Infrastructure 

5 Finance and Innovation Act of 2014 shall be deposited 

6 in this account, to remain available until expended. 

7 In addition, for administrative expenses to carry out 

8 the direct and guaranteed loan programs, notwithstanding 

9 section 5033 of the Water Infrastructure Finance and In10 novation Act of 2014, $5,000,000, to remain available 

11 until September 30, 2020. 

12 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

13 PROTECTION AGENCY

14 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

15 For fiscal year 2019, notwithstanding 31 U.S.C. 

16 6303(1) and 6305(1), the Administrator of the Environ17 mental Protection Agency, in carrying out the Agency’s 

18 function to implement directly Federal environmental pro19 grams required or authorized by law in the absence of an 

20 acceptable tribal program, may award cooperative agree21 ments to federally recognized Indian tribes or Intertribal 

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

23 the Administrator in implementing Federal environmental 

24 programs for Indian tribes required or authorized by law, 

25 except that no such cooperative agreements may be awardVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
82 

HR 266 PCS

1 ed from funds designated for State financial assistance 

2 agreements. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the 

6 Federal Insecticide, Fungicide, and Rodenticide Act, as 

7 amended by Public Law 112–177, the Pesticide Registra8 tion Improvement Extension Act of 2012. 

9 Notwithstanding section 33(d)(2) of the Federal In10 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

11 U.S.C. 136w–8(d)(2)), the Administrator of the Environ12 mental Protection Agency may assess fees under section 

13 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2019. 

14 The Administrator is authorized to transfer up to 

15 $300,000,000 of the funds appropriated for the Great 

16 Lakes Restoration Initiative under the heading ‘‘Environ17 mental Programs and Management’’ to the head of any 

18 Federal department or agency, with the concurrence of 

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

20 Great Lakes Restoration Initiative and Great Lakes 

21 Water Quality Agreement programs, projects, or activities; 

22 to enter into an interagency agreement with the head of 

23 such Federal department or agency to carry out these ac24 tivities; and to make grants to governmental entities, non25 profit organizations, institutions, and individuals for planVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
83 

HR 266 PCS

1 ning, research, monitoring, outreach, and implementation 

2 in furtherance of the Great Lakes Restoration Initiative 

3 and the Great Lakes Water Quality Agreement. 

4 The Science and Technology, Environmental Pro5 grams and Management, Office of Inspector General, Haz6 ardous Substance Superfund, and Leaking Underground 

7 Storage Tank Trust Fund Program Accounts, are avail8 able for the construction, alteration, repair, rehabilitation, 

9 and renovation of facilities, provided that the cost does 

10 not exceed $150,000 per project. 

11 For fiscal year 2019, and notwithstanding section 

12 518(f) of the Federal Water Pollution Control Act (33 

13 U.S.C. 1377(f)), the Administrator is authorized to use 

14 the amounts appropriated for any fiscal year under section 

15 319 of the Act to make grants to Indian tribes pursuant 

16 to sections 319(h) and 518(e) of that Act. 

17 The Administrator is authorized to use the amounts 

18 appropriated under the heading ‘‘Environmental Pro19 grams and Management’’ for fiscal year 2019 to provide 

20 grants to implement the Southeastern New England Wa21 tershed Restoration Program. 

22 The Administrator of the Environmental Protection 

23 Agency is authorized to collect and obligate fees in accord24 ance with section 3024 of the Solid Waste Disposal Act 

25 (42 U.S.C. 6939g) for fiscal year 2019. 


kjohnson on DSK79L0C42 with BILLS
84 

HR 266 PCS

1 Of the unobligated balances available for the ‘‘State 

2 and Tribal Assistance Grants’’ account, $109,078,000 are 

3 hereby permanently rescinded: Provided, That no amounts 

4 may be rescinded from amounts that were designated by 

5 the Congress as an emergency requirement pursuant to 

6 the Concurrent Resolution on the Budget or the Balanced 

7 Budget and Emergency Deficit Control Act of 1985 or 

8 from amounts that were made available by subsection (a) 

9 of section 196 of the Continuing Appropriations Act, 2017 

10 (division C of Public Law 114–223), as amended by the 

11 Further Continuing and Security Assistance Appropria12 tions Act, 2017 (Public Law 114–254). 

13 Using funds appropriated under this title, the Admin14 istrator of the Environmental Protection Agency shall im15 plement the recommendations described in the report of 

16 the Office of Inspector General of the Environmental Pro17 tection Agency entitled ‘‘Management Weakness Delayed 

18 Response to Flint Water Crisis’’, numbered 18–P–0221, 

19 and dated July 19, 2018, to ensure clean and safe water 

20 compliance under the Safe Drinking Water Act (42 U.S.C. 

21 300f et seq.). If the Administrator of the Environmental 

22 Protection Agency does not implement 1 or more rec23 ommendations required by the preceding sentence, the Ad24 ministrator shall submit to the Committees on Appropria25 tions and Environment and Public Works of the Senate 


kjohnson on DSK79L0C42 with BILLS
85 

HR 266 PCS

1 and the Committees on Appropriations and Energy and 

2 Commerce of the House of Representatives a report ex3 plaining why the Administrator did not implement the rec4 ommendation and identifying specific actions the Adminis5 trator is implementing to address the concerns raised in 

6 the report. 

7 TITLE III 

8 RELATED AGENCIES 

9 DEPARTMENT OF AGRICULTURE 

10 OFFICE OF THE UNDER SECRETARY FOR NATURAL

11 RESOURCES AND ENVIRONMENT

12 For necessary expenses of the Office of the Under 

13 Secretary for Natural Resources and Environment, 

14 $875,000: Provided, That funds made available by this 

15 Act to any agency in the Natural Resources and Environ16 ment mission area for salaries and expenses are available 

17 to fund up to one administrative support staff for the of18 fice. 

19 FOREST SERVICE

20 FOREST AND RANGELAND RESEARCH

21 For necessary expenses of forest and rangeland re22 search as authorized by law, $300,000,000, to remain 

23 available through September 30, 2022, of which not less 

24 than $500,000 shall be made available for wood utilization 

25 research to develop woody and agricultural biomass conVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
86 

HR 266 PCS

1 version of low-value woody biomass using microwave-as2 sisted liquefaction: Provided, That of the funds provided, 

3 $77,000,000 is for the forest inventory and analysis pro4 gram: Provided further, That all authorities for the use 

5 of funds, including the use of contracts, grants, and coop6 erative agreements, available to execute the Forest and 

7 Rangeland Research appropriation, are also available in 

8 the utilization of these funds for Fire Science Research. 

9 STATE AND PRIVATE FORESTRY

10 For necessary expenses of cooperating with and pro11 viding technical and financial assistance to States, terri12 tories, possessions, and others, and for forest health man13 agement, and conducting an international program as au14 thorized, $333,990,000, to remain available through Sep15 tember 30, 2022, as authorized by law; of which 

16 $65,490,000 is to be derived from the Land and Water 

17 Conservation Fund to be used for the Forest Legacy Pro18 gram, to remain available until expended. 

19 NATIONAL FOREST SYSTEM

20 For necessary expenses of the Forest Service, not 

21 otherwise provided for, for management, protection, im22 provement, and utilization of the National Forest System, 

23 and for hazardous fuels management on or adjacent to 

24 such lands, $1,937,653,000, to remain available through 

25 September 30, 2022: Provided, That of the funds proVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
87 

HR 266 PCS

1 vided, $40,000,000 shall be deposited in the Collaborative 

2 Forest Landscape Restoration Fund for ecological restora3 tion treatments as authorized by 16 U.S.C. 7303(f): Pro4 vided further, That of the funds provided, $368,000,000 

5 shall be for forest products: Provided further, That of the 

6 funds provided, $435,000,000 shall be for hazardous fuels 

7 management activities, of which not to exceed 

8 $15,000,000 may be used to make grants, using any au9 thorities available to the Forest Service under the ‘‘State 

10 and Private Forestry’’ appropriation, for the purpose of 

11 creating incentives for increased use of biomass from Na12 tional Forest System lands: Provided further, That 

13 $20,000,000 may be used by the Secretary of Agriculture 

14 to enter into procurement contracts or cooperative agree15 ments or to issue grants for hazardous fuels management 

16 activities, and for training or monitoring associated with 

17 such hazardous fuels management activities on Federal 

18 land, or on non-Federal land if the Secretary determines 

19 such activities benefit resources on Federal land: Provided 

20 further, That funds made available to implement the Com21 munity Forestry Restoration Act, Public Law 106–393, 

22 title VI, shall be available for use on non-Federal lands 

23 in accordance with authorities made available to the For24 est Service under the ‘‘State and Private Forestry’’ appro25 priations: Provided further, That notwithstanding section 


kjohnson on DSK79L0C42 with BILLS
88 

HR 266 PCS

1 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 

2 1012), the Secretary of Agriculture, in calculating a fee 

3 for grazing on a National Grassland, may provide a credit 

4 of up to 50 percent of the calculated fee to a Grazing As5 sociation or direct permittee for a conservation practice 

6 approved by the Secretary in advance of the fiscal year 

7 in which the cost of the conservation practice is incurred. 

8 And, that the amount credited shall remain available to 

9 the Grazing Association or the direct permittee, as appro10 priate, in the fiscal year in which the credit is made and 

11 each fiscal year thereafter for use on the project for con12 servation practices approved by the Secretary. 

13 CAPITAL IMPROVEMENT AND MAINTENANCE

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Forest Service, not 

16 otherwise provided for, $449,000,000, to remain available 

17 through September 30, 2022, for construction, capital im18 provement, maintenance and acquisition of buildings and 

19 other facilities and infrastructure; and for construction, 

20 reconstruction, decommissioning of roads that are no 

21 longer needed, including unauthorized roads that are not 

22 part of the transportation system, and maintenance of for23 est roads and trails by the Forest Service as authorized 

24 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro25 vided, That funds becoming available in fiscal year 2019 


kjohnson on DSK79L0C42 with BILLS
89 

HR 266 PCS

1 under the Act of March 4, 1913 (16 U.S.C. 501) shall 

2 be transferred to the General Fund of the Treasury and 

3 shall not be available for transfer or obligation for any 

4 other purpose unless the funds are appropriated. 

5 LAND ACQUISITION

6 (INCLUDING RESCISSION OF FUNDS)

7 For expenses necessary to carry out the provisions 

8 of chapter 2003 of title 54, United States Code, including 

9 administrative expenses, and for acquisition of land or 

10 waters, or interest therein, in accordance with statutory 

11 authority applicable to the Forest Service, $74,099,000, 

12 to be derived from the Land and Water Conservation 

13 Fund and to remain available until expended. 

14 Of the unobligated balances from amounts made 

15 available for Land Acquisition and derived from the Land 

16 and Water Conservation Fund, $16,028,000 is hereby per17 manently rescinded from projects with cost savings or 

18 failed or partially failed projects that had funds returned: 

19 Provided, That no amounts may be rescinded from 

20 amounts that were designated by the Congress as an 

21 emergency requirement pursuant to the Concurrent Reso22 lution on the Budget or the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 


kjohnson on DSK79L0C42 with BILLS
90 

HR 266 PCS

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California; and the Ozark-St. Francis and 

8 Ouachita National Forests, Arkansas; as authorized by 

9 law, $700,000, 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, 2021, (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 


kjohnson on DSK79L0C42 with BILLS
91 

HR 266 PCS

1 Western States, pursuant to section 401(b)(1) of Public 

2 Law 94–579, to remain available through September 30, 

3 2022, 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, 2022, 

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.), $2,500,000, to remain 

18 available through September 30, 2022. 

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 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
92 

HR 266 PCS

1 tem lands and water, $3,229,620,000, to remain available 

2 through September 30, 2022: Provided, That such funds 

3 including unobligated balances under this heading, are 

4 available for repayment of advances from other appropria5 tions accounts previously transferred for such purposes: 

6 Provided further, That any unobligated funds appropriated 

7 in a previous fiscal year for hazardous fuels management 

8 may be transferred to the ‘‘National Forest System’’ ac9 count: Provided further, That such funds shall be available 

10 to reimburse State and other cooperating entities for serv11 ices provided in response to wildfire and other emergencies 

12 or disasters to the extent such reimbursements by the For13 est Service for non-fire emergencies are fully repaid by the 

14 responsible emergency management agency: Provided fur15 ther, That funds provided shall be available for support 

16 to Federal emergency response: Provided further, That the 

17 costs of implementing any cooperative agreement between 

18 the Federal Government and any non-Federal entity may 

19 be shared, as mutually agreed on by the affected parties: 

20 Provided further, That funds designated for wildfire sup21 pression, shall be assessed for cost pools on the same basis 

22 as such assessments are calculated against other agency 

23 programs. 


kjohnson on DSK79L0C42 with BILLS
93 

HR 266 PCS

1 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

2 (INCLUDING TRANSFERS OF FUNDS)

3 Appropriations to the Forest Service for the current 

4 fiscal year shall be available for: (1) purchase of passenger 

5 motor vehicles; acquisition of passenger motor vehicles 

6 from excess sources, and hire of such vehicles; purchase, 

7 lease, operation, maintenance, and acquisition of aircraft 

8 to maintain the operable fleet for use in Forest Service 

9 wildland fire programs and other Forest Service programs; 

10 notwithstanding other provisions of law, existing aircraft 

11 being replaced may be sold, with proceeds derived or 

12 trade-in value used to offset the purchase price for the 

13 replacement aircraft; (2) services pursuant to 7 U.S.C. 

14 2225, and not to exceed $100,000 for employment under 

15 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

16 buildings and other public improvements (7 U.S.C. 2250); 

17 (4) acquisition of land, waters, and interests therein pur18 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

19 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

20 558a, 558d, and 558a note); (6) the cost of uniforms as 

21 authorized by 5 U.S.C. 5901–5902; and (7) for debt col22 lection contracts in accordance with 31 U.S.C. 3718(c). 

23 Any appropriations or funds available to the Forest 

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency reVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
94 

HR 266 PCS

1 habilitation of burned-over or damaged lands or waters 

2 under its jurisdiction, and fire preparedness due to severe 

3 burning conditions upon the Secretary’s notification of the 

4 House and Senate Committees on Appropriations that all 

5 fire suppression funds appropriated under the heading 

6 ‘‘Wildland Fire Management’’ will be obligated within 30 

7 days: Provided, That all funds used pursuant to this para8 graph must be replenished by a supplemental appropria9 tion which must be requested as promptly as possible. 

10 Not more than $50,000,000 of funds appropriated to 

11 the Forest Service shall be available for expenditure or 

12 transfer to the Department of the Interior for wildland 

13 fire management, hazardous fuels management, and State 

14 fire assistance when such transfers would facilitate and 

15 expedite wildland fire management programs and projects. 

16 Notwithstanding any other provision of this Act, the 

17 Forest Service may transfer unobligated balances of dis18 cretionary funds appropriated to the Forest Service by 

19 this Act to or within the National Forest System Account, 

20 or reprogram funds to be used for the purposes of haz21 ardous fuels management and urgent rehabilitation of 

22 burned-over National Forest System lands and water, 

23 such transferred funds shall remain available through Sep24 tember 30, 2022: Provided, That none of the funds trans25 ferred pursuant to this section shall be available for obliVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
95 

HR 266 PCS

1 gation without written notification to and the prior ap2 proval of the Committees on Appropriations of both 

3 Houses of Congress: Provided further, That this section 

4 does not apply to funds appropriated to the FLAME Wild5 fire Suppression Reserve Fund or funds derived from the 

6 Land and Water Conservation Fund. 

7 Funds appropriated to the Forest Service shall be 

8 available for assistance to or through the Agency for Inter9 national Development in connection with forest and range10 land research, technical information, and assistance in for11 eign countries, and shall be available to support forestry 

12 and related natural resource activities outside the United 

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

15 with U.S., private, and international organizations. The 

16 Forest Service, acting for the International Program, may 

17 sign direct funding agreements with foreign governments 

18 and institutions as well as other domestic agencies (includ19 ing the U.S. Agency for International Development, the 

20 Department of State, and the Millennium Challenge Cor21 poration), U.S. private sector firms, institutions and orga22 nizations to provide technical assistance and training pro23 grams overseas on forestry and rangeland management. 

24 Funds appropriated to the Forest Service shall be 

25 available for expenditure or transfer to the Department 


kjohnson on DSK79L0C42 with BILLS
96 

HR 266 PCS

1 of the Interior, Bureau of Land Management, for removal, 

2 preparation, and adoption of excess wild horses and burros 

3 from National Forest System lands, and for the perform4 ance of cadastral surveys to designate the boundaries of 

5 such lands. 

6 None of the funds made available to the Forest Serv7 ice in this Act or any other Act with respect to any fiscal 

8 year shall be subject to transfer under the provisions of 

9 section 702(b) of the Department of Agriculture Organic 

10 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

11 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

12 Law 107–171 (7 U.S.C. 8316(b)). 

13 None of the funds available to the Forest Service may 

14 be reprogrammed without the advance approval of the 

15 House and Senate Committees on Appropriations in ac16 cordance with the reprogramming procedures contained in 

17 Senate report 115-276. 

18 Not more than $82,000,000 of funds available to the 

19 Forest Service shall be transferred to the Working Capital 

20 Fund of the Department of Agriculture and not more than 

21 $14,500,000 of funds available to the Forest Service shall 

22 be transferred to the Department of Agriculture for De23 partment Reimbursable Programs, commonly referred to 

24 as Greenbook charges. Nothing in this paragraph shall 

25 prohibit or limit the use of reimbursable agreements reVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
97 

HR 266 PCS

1 quested by the Forest Service in order to obtain services 

2 from the Department of Agriculture’s National Informa3 tion Technology Center and the Department of Agri4 culture’s International Technology Service. 

5 Of the funds available to the Forest Service, up to 

6 $5,000,000 shall be available for priority projects within 

7 the scope of the approved budget, which shall be carried 

8 out by the Youth Conservation Corps and shall be carried 

9 out under the authority of the Public Lands Corps Act 

10 of 1993 (16 U.S.C. 1721 et seq.). 

11 Of the funds available to the Forest Service, $4,000 

12 is available to the Chief of the Forest Service for official 

13 reception and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public 

15 Law 101–593, of the funds available to the Forest Service, 

16 up to $3,000,000 may be advanced in a lump sum to the 

17 National Forest Foundation to aid conservation partner18 ship projects in support of the Forest Service mission, 

19 without regard to when the Foundation incurs expenses, 

20 for projects on or benefitting National Forest System 

21 lands or related to Forest Service programs: Provided, 

22 That of the Federal funds made available to the Founda23 tion, no more than $300,000 shall be available for admin24 istrative expenses: Provided further, That the Foundation 

25 shall obtain, by the end of the period of Federal financial 


kjohnson on DSK79L0C42 with BILLS
98 

HR 266 PCS

1 assistance, private contributions to match funds made 

2 available by the Forest Service on at least a one-for-one 

3 basis: Provided further, That the Foundation may transfer 

4 Federal funds to a Federal or a non-Federal recipient for 

5 a project at the same rate that the recipient has obtained 

6 the non-Federal matching funds. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 up to $3,000,000 of the funds available to the Forest 

9 Service may be advanced to the National Fish and Wildlife 

10 Foundation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 


kjohnson on DSK79L0C42 with BILLS
99 

HR 266 PCS

1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older Americans Act of 1965 (42 

7 U.S.C. 3056(c)(2)). 

8 The Forest Service shall not assess funds for the pur9 pose of performing fire, administrative, and other facilities 

10 maintenance and decommissioning. 

11 Notwithstanding any other provision of law, of any 

12 appropriations or funds available to the Forest Service, 

13 not to exceed $500,000 may be used to reimburse the Of14 fice of the General Counsel (OGC), Department of Agri15 culture, for travel and related expenses incurred as a re16 sult of OGC assistance or participation requested by the 

17 Forest Service at meetings, training sessions, management 

18 reviews, land purchase negotiations and similar matters 

19 unrelated to civil litigation. Future budget justifications 

20 for both the Forest Service and the Department of Agri21 culture should clearly display the sums previously trans22 ferred and the sums requested for transfer. 

23 An eligible individual who is employed in any project 

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

25 (42 U.S.C. 3056 et seq.) and administered by the Forest 


kjohnson on DSK79L0C42 with BILLS
100 

HR 266 PCS

1 Service shall be considered to be a Federal employee for 

2 purposes of chapter 171 of title 28, United States Code. 

3 Notwithstanding any other provision of this Act, 

4 through the Office of Budget and Program Analysis, the 

5 Forest Service shall report no later than 30 business days 

6 following the close of each fiscal quarter all current and 

7 prior year unobligated balances, by fiscal year, budget line 

8 item and account, to the House and Senate Committees 

9 on Appropriations. 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 INDIAN HEALTH SERVICE

13 INDIAN HEALTH SERVICES

14 For expenses necessary to carry out the Act of Au15 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina16 tion and Education Assistance Act, the Indian Health 

17 Care Improvement Act, and titles II and III of the Public 

18 Health Service Act with respect to the Indian Health Serv19 ice, $4,072,385,000, together with payments received dur20 ing the fiscal year pursuant to sections 231(b) and 233 

21 of the Public Health Service Act (42 U.S.C. 238(b), 

22 238b), for services furnished by the Indian Health Service: 

23 Provided, That funds made available to tribes and tribal 

24 organizations through contracts, grant agreements, or any 

25 other agreements or compacts authorized by the Indian 


kjohnson on DSK79L0C42 with BILLS
101 

HR 266 PCS

1 Self-Determination and Education Assistance Act of 1975 

2 (25 U.S.C. 450), shall be deemed to be obligated at the 

3 time of the grant or contract award and thereafter shall 

4 remain available to the tribe or tribal organization without 

5 fiscal year limitation: Provided further, That $2,000,000 

6 shall be available for grants or contracts with public or 

7 private institutions to provide alcohol or drug treatment 

8 services to Indians, including alcohol detoxification serv9 ices: Provided further, That $964,819,000 for Purchased/ 

10 Referred Care, including $53,000,000 for the Indian Cat11 astrophic Health Emergency Fund, shall remain available 

12 until expended: Provided further, That of the funds pro13 vided, up to $36,000,000 shall remain available until ex14 pended for implementation of the loan repayment program 

15 under section 108 of the Indian Health Care Improvement 

16 Act: Provided further, That of the funds provided, 

17 $15,000,000 shall remain available until expended to sup18 plement funds available for operational costs at tribal clin19 ics operated under an Indian Self-Determination and Edu20 cation Assistance Act compact or contract where health 

21 care is delivered in space acquired through a full service 

22 lease, which is not eligible for maintenance and improve23 ment and equipment funds from the Indian Health Serv24 ice, and $58,000,000 shall be for costs related to or result25 ing from accreditation emergencies, of which up to 


kjohnson on DSK79L0C42 with BILLS
102 

HR 266 PCS

1 $4,000,000 may be used to supplement amounts otherwise 

2 available for Purchased/Referred Care: Provided further, 

3 That the amounts collected by the Federal Government 

4 as authorized by sections 104 and 108 of the Indian 

5 Health Care Improvement Act (25 U.S.C. 1613a and 

6 1616a) during the preceding fiscal year for breach of con7 tracts shall be deposited to the Fund authorized by section 

8 108A of that Act (25 U.S.C. 1616a–1) and shall remain 

9 available until expended and, notwithstanding section 

10 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall 

11 be available to make new awards under the loan repay12 ment and scholarship programs under sections 104 and 

13 108 of that Act (25 U.S.C. 1613a and 1616a): Provided 

14 further, That the amounts made available within this ac15 count for the Substance Abuse and Suicide Prevention 

16 Program, for opioid Prevention, Treatment and Recovery 

17 Services, for the Domestic Violence Prevention Program, 

18 for the Zero Suicide Initiative, for the housing subsidy au19 thority for civilian employees, for aftercare pilot programs 

20 at Youth Regional Treatment Centers, to improve collec21 tions from public and private insurance at Indian Health 

22 Service and tribally operated facilities, and for accredita23 tion emergencies shall be allocated at the discretion of the 

24 Director of the Indian Health Service and shall remain 

25 available until expended: Provided further, That funds proVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
103 

HR 266 PCS

1 vided in this Act may be used for annual contracts and 

2 grants for which the performance period falls within 2 fis3 cal years, provided the total obligation is recorded in the 

4 year the funds are appropriated: Provided further, That 

5 the amounts collected by the Secretary of Health and 

6 Human Services under the authority of title IV of the In7 dian Health Care Improvement Act shall remain available 

8 until expended for the purpose of achieving compliance 

9 with the applicable conditions and requirements of titles 

10 XVIII and XIX of the Social Security Act, except for those 

11 related to the planning, design, or construction of new fa12 cilities: Provided further, That funding contained herein 

13 for scholarship programs under the Indian Health Care 

14 Improvement Act shall remain available until expended: 

15 Provided further, That amounts received by tribes and 

16 tribal organizations under title IV of the Indian Health 

17 Care Improvement Act shall be reported and accounted 

18 for and available to the receiving tribes and tribal organi19 zations until expended: Provided further, That the Bureau 

20 of Indian Affairs may collect from the Indian Health Serv21 ice, and from tribes and tribal organizations operating 

22 health facilities pursuant to Public Law 93–638, such in23 dividually identifiable health information relating to dis24 abled children as may be necessary for the purpose of car25 rying out its functions under the Individuals with DisabilVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
104 

HR 266 PCS

1 ities Education Act (20 U.S.C. 1400 et seq.): Provided 

2 further, That the accreditation emergency funds may be 

3 used, as needed, to carry out activities typically funded 

4 under the Indian Health Facilities account. 

5 CONTRACT SUPPORT COSTS

6 For payments to tribes and tribal organizations for 

7 contract support costs associated with Indian Self-Deter8 mination and Education Assistance Act agreements with 

9 the Indian Health Service for fiscal year 2019, such sums 

10 as may be necessary: Provided, That notwithstanding any 

11 other provision of law, no amounts made available under 

12 this heading shall be available for transfer to another 

13 budget account. 

14 INDIAN HEALTH FACILITIES

15 For construction, repair, maintenance, improvement, 

16 and equipment of health and related auxiliary facilities, 

17 including quarters for personnel; preparation of plans, 

18 specifications, and drawings; acquisition of sites, purchase 

19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 

22 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 

25 such Acts and titles II and III of the Public Health ServVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
105 

HR 266 PCS

1 ice Act with respect to environmental health and facilities 

2 support activities of the Indian Health Service, 

3 $877,504,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law, 

5 funds appropriated for the planning, design, construction, 

6 renovation or expansion of health facilities for the benefit 

7 of an Indian tribe or tribes may be used to purchase land 

8 on which such facilities will be located: Provided further, 

9 That not to exceed $500,000 may be used by the Indian 

10 Health Service to purchase TRANSAM equipment from 

11 the Department of Defense for distribution to the Indian 

12 Health Service and tribal facilities: Provided further, That 

13 none of the funds appropriated to the Indian Health Serv14 ice may be used for sanitation facilities construction for 

15 new homes funded with grants by the housing programs 

16 of the United States Department of Housing and Urban 

17 Development: Provided further, That not to exceed 

18 $2,700,000 from this account and the ‘‘Indian Health 

19 Services’’ account may be used by the Indian Health Serv20 ice to obtain ambulances for the Indian Health Service 

21 and tribal facilities in conjunction with an existing inter22 agency agreement between the Indian Health Service and 

23 the General Services Administration: Provided further, 

24 That not to exceed $500,000 may be placed in a Demoli25 tion Fund, to remain available until expended, and be used 


kjohnson on DSK79L0C42 with BILLS
106 

HR 266 PCS

1 by the Indian Health Service for the demolition of Federal 

2 buildings. 

3 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

4 Appropriations provided in this Act to the Indian 

5 Health Service shall be available for services as authorized 

6 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

7 equivalent to the maximum rate payable for senior-level 

8 positions under 5 U.S.C. 5376; hire of passenger motor 

9 vehicles and aircraft; purchase of medical equipment; pur10 chase of reprints; purchase, renovation and erection of 

11 modular buildings and renovation of existing facilities; 

12 payments for telephone service in private residences in the 

13 field, when authorized under regulations approved by the 

14 Secretary of Health and Human Services; uniforms or al15 lowances therefor as authorized by 5 U.S.C. 5901–5902; 

16 and for expenses of attendance at meetings that relate to 

17 the functions or activities of the Indian Health Service: 

18 Provided, That in accordance with the provisions of the 

19 Indian Health Care Improvement Act, non-Indian patients 

20 may be extended health care at all tribally administered 

21 or Indian Health Service facilities, subject to charges, and 

22 the proceeds along with funds recovered under the Federal 

23 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

24 be credited to the account of the facility providing the 

25 service and shall be available without fiscal year limitation: 


kjohnson on DSK79L0C42 with BILLS
107 

HR 266 PCS

1 Provided further, That notwithstanding any other law or 

2 regulation, funds transferred from the Department of 

3 Housing and Urban Development to the Indian Health 

4 Service shall be administered under Public Law 86–121, 

5 the Indian Sanitation Facilities Act and Public Law 93– 

6 638: Provided further, That funds appropriated to the In7 dian Health Service in this Act, except those used for ad8 ministrative and program direction purposes, shall not be 

9 subject to limitations directed at curtailing Federal travel 

10 and transportation: Provided further, That none of the 

11 funds made available to the Indian Health Service in this 

12 Act shall be used for any assessments or charges by the 

13 Department of Health and Human Services unless identi14 fied in the budget justification and provided in this Act, 

15 or approved by the House and Senate Committees on Ap16 propriations through the reprogramming process: Pro17 vided further, That notwithstanding any other provision 

18 of law, funds previously or herein made available to a tribe 

19 or tribal organization through a contract, grant, or agree20 ment authorized by title I or title V of the Indian Self21 Determination and Education Assistance Act of 1975 (25 

22 U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may 

23 be deobligated and reobligated to a self-determination con24 tract under title I, or a self-governance agreement under 

25 title V of such Act and thereafter shall remain available 


kjohnson on DSK79L0C42 with BILLS
108 

HR 266 PCS

1 to the tribe or tribal organization without fiscal year limi2 tation: Provided further, That none of the funds made 

3 available to the Indian Health Service in this Act shall 

4 be used to implement the final rule published in the Fed5 eral Register on September 16, 1987, by the Department 

6 of Health and Human Services, relating to the eligibility 

7 for the health care services of the Indian Health Service 

8 until the Indian Health Service has submitted a budget 

9 request reflecting the increased costs associated with the 

10 proposed final rule, and such request has been included 

11 in an appropriations Act and enacted into law: Provided 

12 further, That with respect to functions transferred by the 

13 Indian Health Service to tribes or tribal organizations, the 

14 Indian Health Service is authorized to provide goods and 

15 services to those entities on a reimbursable basis, includ16 ing payments in advance with subsequent adjustment, and 

17 the reimbursements received therefrom, along with the 

18 funds received from those entities pursuant to the Indian 

19 Self-Determination Act, may be credited to the same or 

20 subsequent appropriation account from which the funds 

21 were originally derived, with such amounts to remain 

22 available until expended: Provided further, That reim23 bursements for training, technical assistance, or services 

24 provided by the Indian Health Service will contain total 

25 costs, including direct, administrative, and overhead costs 


kjohnson on DSK79L0C42 with BILLS
109 

HR 266 PCS

1 associated with the provision of goods, services, or tech2 nical assistance: Provided further, That the Indian Health 

3 Service may provide to civilian medical personnel serving 

4 in hospitals operated by the Indian Health Service housing 

5 allowances equivalent to those that would be provided to 

6 members of the Commissioned Corps of the United States 

7 Public Health Service serving in similar positions at such 

8 hospitals: Provided further, That the appropriation struc9 ture for the Indian Health Service may not be altered 

10 without advance notification to the House and Senate 

11 Committees on Appropriations. 

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

14 SCIENCES

15 For necessary expenses for the National Institute of 

16 Environmental Health Sciences in carrying out activities 

17 set forth in section 311(a) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

20 Superfund Amendments and Reauthorization Act of 1986, 

21 $78,349,000. 


kjohnson on DSK79L0C42 with BILLS
110 

HR 266 PCS

1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i) and 111(c)(4) of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (CERCLA) and section 3019 

10 of the Solid Waste Disposal Act, $74,691,000: Provided, 

11 That notwithstanding any other provision of law, in lieu 

12 of performing a health assessment under section 104(i)(6) 

13 of CERCLA, the Administrator of ATSDR may conduct 

14 other appropriate health studies, evaluations, or activities, 

15 including, without limitation, biomedical testing, clinical 

16 evaluations, medical monitoring, and referral to accredited 

17 healthcare providers: Provided further, That in performing 

18 any such health assessment or health study, evaluation, 

19 or activity, the Administrator of ATSDR shall not be 

20 bound by the deadlines in section 104(i)(6)(A) of 

21 CERCLA: Provided further, That none of the funds appro22 priated under this heading shall be available for ATSDR 

23 to issue in excess of 40 toxicological profiles pursuant to 

24 section 104(i) of CERCLA during fiscal year 2019, and 

25 existing profiles may be updated as necessary. 


kjohnson on DSK79L0C42 with BILLS
111 

HR 266 PCS

1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $3,005,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, including 

21 hire of passenger vehicles, uniforms or allowances there22 for, as authorized by 5 U.S.C. 5901–5902, and for serv23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum 

25 rate payable for senior level positions under 5 U.S.C. 


kjohnson on DSK79L0C42 with BILLS
112 

HR 266 PCS

1 5376, $11,000,000: Provided, That the Chemical Safety 

2 and Hazard Investigation Board (Board) shall have not 

3 more than three career Senior Executive Service positions: 

4 Provided further, That notwithstanding any other provi5 sion of law, the individual appointed to the position of In6 spector General of the Environmental Protection Agency 

7 (EPA) shall, by virtue of such appointment, also hold the 

8 position of Inspector General of the Board: Provided fur9 ther, That notwithstanding any other provision of law, the 

10 Inspector General of the Board shall utilize personnel of 

11 the Office of Inspector General of EPA in performing the 

12 duties of the Inspector General of the Board, and shall 

13 not appoint any individuals to positions within the Board. 

14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Navajo and 

17 Hopi Indian Relocation as authorized by Public Law 93– 

18 531, $7,400,000, to remain available until expended: Pro19 vided, That funds provided in this or any other appropria20 tions Act are to be used to relocate eligible individuals and 

21 groups including evictees from District 6, Hopi-partitioned 

22 lands residents, those in significantly substandard hous23 ing, and all others certified as eligible and not included 

24 in the preceding categories: Provided further, That none 

25 of the funds contained in this or any other Act may be 


kjohnson on DSK79L0C42 with BILLS
113 

HR 266 PCS

1 used by the Office of Navajo and Hopi Indian Relocation 

2 to evict any single Navajo or Navajo family who, as of 

3 November 30, 1985, was physically domiciled on the lands 

4 partitioned to the Hopi Tribe unless a new or replacement 

5 home is provided for such household: Provided further, 

6 That no relocatee will be provided with more than one new 

7 or replacement home: Provided further, That the Office 

8 shall relocate any certified eligible relocatees who have se9 lected and received an approved homesite on the Navajo 

10 reservation or selected a replacement residence off the 

11 Navajo reservation or on the land acquired pursuant to 

12 section 11 of Public Law 93–531 (88 Stat. 1716). 

13 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

14 CULTURE AND ARTS DEVELOPMENT

15 PAYMENT TO THE INSTITUTE

16 For payment to the Institute of American Indian and 

17 Alaska Native Culture and Arts Development, as author18 ized by part A of title XV of Public Law 99–498 (20 

19 U.S.C. 4411 et seq.), $9,960,000, which shall become 

20 available on July 1, 2019, and shall remain available until 

21 September 30, 2020. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Smithsonian Institu25 tion, as authorized by law, including research in the fields 


kjohnson on DSK79L0C42 with BILLS
114 

HR 266 PCS

1 of art, science, and history; development, preservation, and 

2 documentation of the National Collections; presentation of 

3 public exhibits and performances; collection, preparation, 

4 dissemination, and exchange of information and publica5 tions; conduct of education, training, and museum assist6 ance programs; maintenance, alteration, operation, lease 

7 agreements of no more than 30 years, and protection of 

8 buildings, facilities, and approaches; not to exceed 

9 $100,000 for services as authorized by 5 U.S.C. 3109; and 

10 purchase, rental, repair, and cleaning of uniforms for em11 ployees, $739,894,000, to remain available until Sep12 tember 30, 2020, except as otherwise provided herein; of 

13 which not to exceed $6,917,000 for the instrumentation 

14 program, collections acquisition, exhibition reinstallation, 

15 and the repatriation of skeletal remains program shall re16 main available until expended; and including such funds 

17 as may be necessary to support American overseas re18 search centers: Provided, That funds appropriated herein 

19 are available for advance payments to independent con20 tractors performing research services or participating in 

21 official Smithsonian presentations. 

22 FACILITIES CAPITAL

23 For necessary expenses of repair, revitalization, and 

24 alteration of facilities owned or occupied by the Smithso25 nian Institution, by contract or otherwise, as authorized 


kjohnson on DSK79L0C42 with BILLS
115 

HR 266 PCS

1 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

2 and for construction, including necessary personnel, 

3 $303,503,000, to remain available until expended, of 

4 which not to exceed $10,000 shall be for services as au5 thorized by 5 U.S.C. 3109. 

6 NATIONAL GALLERY OF ART

7 SALARIES AND EXPENSES

8 For the upkeep and operations of the National Gal9 lery of Art, the protection and care of the works of art 

10 therein, and administrative expenses incident thereto, as 

11 authorized by the Act of March 24, 1937 (50 Stat. 51), 

12 as amended by the public resolution of April 13, 1939 

13 (Public Resolution 9, Seventy-sixth Congress), including 

14 services as authorized by 5 U.S.C. 3109; payment in ad15 vance when authorized by the treasurer of the Gallery for 

16 membership in library, museum, and art associations or 

17 societies whose publications or services are available to 

18 members only, or to members at a price lower than to the 

19 general public; purchase, repair, and cleaning of uniforms 

20 for guards, and uniforms, or allowances therefor, for other 

21 employees as authorized by law (5 U.S.C. 5901–5902); 

22 purchase or rental of devices and services for protecting 

23 buildings and contents thereof, and maintenance, alter24 ation, improvement, and repair of buildings, approaches, 

25 and grounds; and purchase of services for restoration and 


kjohnson on DSK79L0C42 with BILLS
116 

HR 266 PCS

1 repair of works of art for the National Gallery of Art by 

2 contracts made, without advertising, with individuals, 

3 firms, or organizations at such rates or prices and under 

4 such terms and conditions as the Gallery may deem prop5 er, $144,202,000, to remain available until September 30, 

6 2020, of which not to exceed $3,620,000 for the special 

7 exhibition program shall remain available until expended. 

8 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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 $23,000,000, to remain available until expended: Pro17 vided, That contracts awarded for environmental systems, 

18 protection systems, and exterior repair or renovation of 

19 buildings of the National Gallery of Art may be negotiated 

20 with selected contractors and awarded on the basis of con21 tractor qualifications as well as price. 


kjohnson on DSK79L0C42 with BILLS
117 

HR 266 PCS

1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $24,490,000. 

7 CAPITAL REPAIR AND RESTORATION

8 For necessary expenses for capital repair and restora9 tion of the existing features of the building and site of 

10 the John F. Kennedy Center for the Performing Arts, 

11 $16,800,000, to remain available until expended. 

12 WOODROW WILSON INTERNATIONAL CENTER FOR

13 SCHOLARS

14 SALARIES AND EXPENSES

15 For expenses necessary in carrying out the provisions 

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

17 1356) including hire of passenger vehicles and services as 

18 authorized by 5 U.S.C. 3109, $12,000,000, to remain 

19 available until September 30, 2020. 

20 NATIONAL FOUNDATION ON THE ARTS AND THE

21 HUMANITIES

22 NATIONAL ENDOWMENT FOR THE ARTS

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National 

25 Foundation on the Arts and the Humanities Act of 1965, 


kjohnson on DSK79L0C42 with BILLS
118 

HR 266 PCS

1 $155,000,000 shall be available to the National Endow2 ment for the Arts for the support of projects and produc3 tions in the arts, including arts education and public out4 reach activities, through assistance to organizations and 

5 individuals pursuant to section 5 of the Act, for program 

6 support, and for administering the functions of the Act, 

7 to remain available until expended. 

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National 

11 Foundation on the Arts and the Humanities Act of 1965, 

12 $155,000,000 to remain available until expended, of which 

13 $143,700,000 shall be available for support of activities 

14 in the humanities, pursuant to section 7(c) of the Act and 

15 for administering the functions of the Act; and 

16 $11,300,000 shall be available to carry out the matching 

17 grants program pursuant to section 10(a)(2) of the Act, 

18 including $9,100,000 for the purposes of section 7(h): 

19 Provided, That appropriations for carrying out section 

20 10(a)(2) shall be available for obligation only in such 

21 amounts as may be equal to the total amounts of gifts, 

22 bequests, devises of money, and other property accepted 

23 by the chairman or by grantees of the National Endow24 ment for the Humanities under the provisions of sections 

25 11(a)(2)(B) and 11(a)(3)(B) during the current and preVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
119 

HR 266 PCS

1 ceding fiscal years for which equal amounts have not pre2 viously been appropriated. 

3 ADMINISTRATIVE PROVISIONS

4 None of the funds appropriated to the National 

5 Foundation on the Arts and the Humanities may be used 

6 to process any grant or contract documents which do not 

7 include the text of 18 U.S.C. 1913: Provided, That none 

8 of the funds appropriated to the National Foundation on 

9 the Arts and the Humanities may be used for official re10 ception and representation expenses: Provided further, 

11 That funds from nonappropriated sources may be used as 

12 necessary for official reception and representation ex13 penses: Provided further, That the Chairperson of the Na14 tional Endowment for the Arts may approve grants of up 

15 to $10,000, if in the aggregate the amount of such grants 

16 does not exceed 5 percent of the sums appropriated for 

17 grantmaking purposes per year: Provided further, That 

18 such small grant actions are taken pursuant to the terms 

19 of an expressed and direct delegation of authority from 

20 the National Council on the Arts to the Chairperson. 

21 COMMISSION OF FINE ARTS

22 SALARIES AND EXPENSES

23 For expenses of the Commission of Fine Arts under 

24 chapter 91 of title 40, United States Code, $2,771,000: 

25 Provided, That the Commission is authorized to charge 


kjohnson on DSK79L0C42 with BILLS
120 

HR 266 PCS

1 fees to cover the full costs of its publications, and such 

2 fees shall be credited to this account as an offsetting col3 lection, to remain available until expended without further 

4 appropriation: Provided further, That the Commission is 

5 authorized to accept gifts, including objects, papers, art6 work, drawings and artifacts, that pertain to the history 

7 and design of the Nation’s Capital or the history and ac8 tivities of the Commission of Fine Arts, for the purpose 

9 of artistic display, study, or education: Provided further, 

10 That one-tenth of one percent of the funds provided under 

11 this heading may be used for official reception and rep12 resentation expenses. 

13 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

14 For necessary expenses as authorized by Public Law 

15 99–190 (20 U.S.C. 956a), $2,750,000. 

16 ADVISORY COUNCIL ON HISTORIC PRESERVATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Advisory Council on 

19 Historic Preservation (Public Law 89–665), $6,440,000. 

20 NATIONAL CAPITAL PLANNING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Capital Plan23 ning Commission under chapter 87 of title 40, United 

24 States Code, including services as authorized by 5 U.S.C. 

25 3109, $7,948,000: Provided, That one-quarter of 1 perVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
121 

HR 266 PCS

1 cent of the funds provided under this heading may be used 

2 for official reception and representational expenses associ3 ated with hosting international visitors engaged in the 

4 planning and physical development of world capitals. 

5 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

6 HOLOCAUST MEMORIAL MUSEUM

7 For expenses of the Holocaust Memorial Museum, as 

8 authorized by Public Law 106–292 (36 U.S.C. 2301– 

9 2310), $59,500,000, of which $1,715,000 shall remain 

10 available until September 30, 2021, for the Museum’s 

11 equipment replacement program; and of which $4,000,000 

12 for the Museum’s repair and rehabilitation program and 

13 $1,500,000 for the Museum’s outreach initiatives program 

14 shall remain available until expended. 

15 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Dwight D. Eisenhower 

18 Memorial Commission, $1,800,000, to remain available 

19 until expended. 

20 WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

21 For necessary expenses for the Women’s Suffrage 

22 Centennial Commission, as authorized by the Women’s 

23 Suffrage Centennial Commission Act (section 431(a)(3) of 

24 division G of Public Law 115–31), $1,000,000, to remain 

25 available until expended. 


kjohnson on DSK79L0C42 with BILLS
122 

HR 266 PCS

1 WORLD WAR I CENTENNIAL COMMISSION

2 SALARIES AND EXPENSES

3 Notwithstanding section 9 of the World War I Cen4 tennial Commission Act, as authorized by the World War 

5 I Centennial Commission Act (Public Law 112–272) and 

6 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

7 Defense Authorization Act for Fiscal Year 2015 (Public 

8 Law 113–291), for necessary expenses of the World War 

9 I Centennial Commission, $7,000,000, to remain available 

10 until expended: Provided, That in addition to the authority 

11 provided by section 6(g) of such Act, the World War I 

12 Commission may accept money, in-kind personnel services, 

13 contractual support, or any appropriate support from any 

14 executive branch agency for activities of the Commission. 

15 TITLE IV 

16 GENERAL PROVISIONS 

17 (INCLUDING TRANSFERS OF FUNDS)

18 RESTRICTION ON USE OF FUNDS

19 SEC. 401. No part of any appropriation contained in 

20 this Act shall be available for any activity or the publica21 tion or distribution of literature that in any way tends to 

22 promote public support or opposition to any legislative 

23 proposal on which Congressional action is not complete 

24 other than to communicate to Members of Congress as 

25 described in 18 U.S.C. 1913. 


kjohnson on DSK79L0C42 with BILLS
123 

HR 266 PCS

1 OBLIGATION OF APPROPRIATIONS

2 SEC. 402. No part of any appropriation contained in 

3 this Act shall remain available for obligation beyond the 

4 current fiscal year unless expressly so provided herein. 

5 DISCLOSURE OF ADMINISTRATIVE EXPENSES

6 SEC. 403. The amount and basis of estimated over7 head charges, deductions, reserves or holdbacks, including 

8 working capital fund and cost pool charges, from pro9 grams, projects, activities and subactivities to support gov10 ernment-wide, departmental, agency, or bureau adminis11 trative functions or headquarters, regional, or central op12 erations shall be presented in annual budget justifications 

13 and subject to approval by the Committees on Appropria14 tions of the House of Representatives and the Senate. 

15 Changes to such estimates shall be presented to the Com16 mittees on Appropriations for approval. 

17 MINING APPLICATIONS

18 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

19 funds appropriated or otherwise made available pursuant 

20 to this Act shall be obligated or expended to accept or 

21 process applications for a patent for any mining or mill 

22 site claim located under the general mining laws. 

23 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

24 the Secretary of the Interior determines that, for the claim 

25 concerned (1) a patent application was filed with the SecVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
124 

HR 266 PCS

1 retary on or before September 30, 1994; and (2) all re2 quirements established under sections 2325 and 2326 of 

3 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

4 lode claims, sections 2329, 2330, 2331, and 2333 of the 

5 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

6 claims, and section 2337 of the Revised Statutes (30 

7 U.S.C. 42) for mill site claims, as the case may be, were 

8 fully complied with by the applicant by that date. 

9 (c) REPORT.—On September 30, 2020, the Secretary 

10 of the Interior shall file with the House and Senate Com11 mittees on Appropriations and the Committee on Natural 

12 Resources of the House and the Committee on Energy and 

13 Natural Resources of the Senate a report on actions taken 

14 by the Department under the plan submitted pursuant to 

15 section 314(c) of the Department of the Interior and Re16 lated Agencies Appropriations Act, 1997 (Public Law 

17 104–208). 

18 (d) MINERAL EXAMINATIONS.—In order to process 

19 patent applications in a timely and responsible manner, 

20 upon the request of a patent applicant, the Secretary of 

21 the Interior shall allow the applicant to fund a qualified 

22 third-party contractor to be selected by the Director of the 

23 Bureau of Land Management to conduct a mineral exam24 ination of the mining claims or mill sites contained in a 

25 patent application as set forth in subsection (b). The BuVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
125 

HR 266 PCS

1 reau of Land Management shall have the sole responsi2 bility to choose and pay the third-party contractor in ac3 cordance with the standard procedures employed by the 

4 Bureau of Land Management in the retention of third5 party contractors. 

6 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

7 SEC. 405. Sections 405 and 406 of division F of the 

8 Consolidated and Further Continuing Appropriations Act, 

9 2015 (Public Law 113–235) shall continue in effect in fis10 cal year 2019. 

11 CONTRACT SUPPORT COSTS, FISCAL YEAR 2019

12 LIMITATION

13 SEC. 406. Amounts provided by this Act for fiscal 

14 year 2019 under the headings ‘‘Department of Health and 

15 Human Services, Indian Health Service, Contract Support 

16 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

17 Affairs and Bureau of Indian Education, Contract Sup18 port Costs’’ are the only amounts available for contract 

19 support costs arising out of self-determination or self-gov20 ernance contracts, grants, compacts, or annual funding 

21 agreements for fiscal year 2019 with the Bureau of Indian 

22 Affairs or the Indian Health Service: Provided, That such 

23 amounts provided by this Act are not available for pay24 ment of claims for contract support costs for prior years, 


kjohnson on DSK79L0C42 with BILLS
126 

HR 266 PCS

1 or for repayments of payments for settlements or judg2 ments awarding contract support costs for prior years. 

3 FOREST MANAGEMENT PLANS

4 SEC. 407. The Secretary of Agriculture shall not be 

5 considered to be in violation of subparagraph 6(f)(5)(A) 

6 of the Forest and Rangeland Renewable Resources Plan7 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

8 more than 15 years have passed without revision of the 

9 plan for a unit of the National Forest System. Nothing 

10 in this section exempts the Secretary from any other re11 quirement of the Forest and Rangeland Renewable Re12 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

13 other law: Provided, That if the Secretary is not acting 

14 expeditiously and in good faith, within the funding avail15 able, to revise a plan for a unit of the National Forest 

16 System, this section shall be void with respect to such plan 

17 and a court of proper jurisdiction may order completion 

18 of the plan on an accelerated basis. 

19 PROHIBITION WITHIN NATIONAL MONUMENTS

20 SEC. 408. No funds provided in this Act may be ex21 pended to conduct preleasing, leasing and related activities 

22 under either the Mineral Leasing Act (30 U.S.C. 181 et 

23 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

24 1331 et seq.) within the boundaries of a National Monu25 ment established pursuant to the Act of June 8, 1906 (16 


kjohnson on DSK79L0C42 with BILLS
127 

HR 266 PCS

1 U.S.C. 431 et seq.) as such boundary existed on January 

2 20, 2001, except where such activities are allowed under 

3 the Presidential proclamation establishing such monu4 ment. 

5 LIMITATION ON TAKINGS

6 SEC. 409. Unless otherwise provided herein, no funds 

7 appropriated in this Act for the acquisition of lands or 

8 interests in lands may be expended for the filing of dec9 larations of taking or complaints in condemnation without 

10 the approval of the House and Senate Committees on Ap11 propriations: Provided, That this provision shall not apply 

12 to funds appropriated to implement the Everglades Na13 tional Park Protection and Expansion Act of 1989, or to 

14 funds appropriated for Federal assistance to the State of 

15 Florida to acquire lands for Everglades restoration pur16 poses. 

17 TIMBER SALE REQUIREMENTS

18 SEC. 410. No timber sale in Alaska’s Region 10 shall 

19 be advertised if the indicated rate is deficit (defined as 

20 the value of the timber is not sufficient to cover all logging 

21 and stumpage costs and provide a normal profit and risk 

22 allowance under the Forest Service’s appraisal process) 

23 when appraised using a residual value appraisal. The west24 ern red cedar timber from those sales which is surplus 

25 to the needs of the domestic processors in Alaska, shall 


kjohnson on DSK79L0C42 with BILLS
128 

HR 266 PCS

1 be made available to domestic processors in the contiguous 

2 48 United States at prevailing domestic prices. All addi3 tional western red cedar volume not sold to Alaska or con4 tiguous 48 United States domestic processors may be ex5 ported to foreign markets at the election of the timber sale 

6 holder. All Alaska yellow cedar may be sold at prevailing 

7 export prices at the election of the timber sale holder. 

8 PROHIBITION ON NO-BID CONTRACTS

9 SEC. 411. None of the funds appropriated or other10 wise made available by this Act to executive branch agen11 cies may be used to enter into any Federal contract unless 

12 such contract is entered into in accordance with the re13 quirements of Chapter 33 of title 41, United States Code, 

14 or Chapter 137 of title 10, United States Code, and the 

15 Federal Acquisition Regulation, unless— 

16 (1) Federal law specifically authorizes a con17 tract to be entered into without regard for these re18 quirements, including formula grants for States, or 

19 federally recognized Indian tribes; or 

20 (2) such contract is authorized by the Indian 

21 Self-Determination and Education Assistance Act 

22 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

23 any other Federal laws that specifically authorize a 

24 contract within an Indian tribe as defined in section 

25 4(e) of that Act (25 U.S.C. 450b(e)); or 


kjohnson on DSK79L0C42 with BILLS
129 

HR 266 PCS

1 (3) such contract was awarded prior to the date 

2 of enactment of this Act. 

3 POSTING OF REPORTS

4 SEC. 412. (a) Any agency receiving funds made avail5 able in this Act, shall, subject to subsections (b) and (c), 

6 post on the public website of that agency any report re7 quired to be submitted by the Congress in this or any 

8 other Act, upon the determination by the head of the agen9 cy that it shall serve the national interest. 

10 (b) Subsection (a) shall not apply to a report if— 

11 (1) the public posting of the report com12 promises national security; or 

13 (2) the report contains proprietary information. 

14 (c) The head of the agency posting such report shall 

15 do so only after such report has been made available to 

16 the requesting Committee or Committees of Congress for 

17 no less than 45 days. 

18 NATIONAL ENDOWMENT FOR THE ARTS GRANT

19 GUIDELINES

20 SEC. 413. Of the funds provided to the National En21 dowment for the Arts— 

22 (1) The Chairperson shall only award a grant 

23 to an individual if such grant is awarded to such in24 dividual for a literature fellowship, National HeritVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
130 

HR 266 PCS

1 age Fellowship, or American Jazz Masters Fellow2 ship. 

3 (2) The Chairperson shall establish procedures 

4 to ensure that no funding provided through a grant, 

5 except a grant made to a State or local arts agency, 

6 or regional group, may be used to make a grant to 

7 any other organization or individual to conduct ac8 tivity independent of the direct grant recipient. 

9 Nothing in this subsection shall prohibit payments 

10 made in exchange for goods and services. 

11 (3) No grant shall be used for seasonal support 

12 to a group, unless the application is specific to the 

13 contents of the season, including identified programs 

14 or projects. 

15 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

16 PRIORITIES

17 SEC. 414. (a) In providing services or awarding fi18 nancial assistance under the National Foundation on the 

19 Arts and the Humanities Act of 1965 from funds appro20 priated under this Act, the Chairperson of the National 

21 Endowment for the Arts shall ensure that priority is given 

22 to providing services or awarding financial assistance for 

23 projects, productions, workshops, or programs that serve 

24 underserved populations. 

25 (b) In this section: 


kjohnson on DSK79L0C42 with BILLS
131 

HR 266 PCS

1 (1) The term ‘‘underserved population’’ means 

2 a population of individuals, including urban minori3 ties, who have historically been outside the purview 

4 of arts and humanities programs due to factors such 

5 as a high incidence of income below the poverty line 

6 or to geographic isolation. 

7 (2) The term ‘‘poverty line’’ means the poverty 

8 line (as defined by the Office of Management and 

9 Budget, and revised annually in accordance with sec10 tion 673(2) of the Community Services Block Grant 

11 Act (42 U.S.C. 9902(2))) applicable to a family of 

12 the size involved. 

13 (c) In providing services and awarding financial as14 sistance under the National Foundation on the Arts and 

15 Humanities Act of 1965 with funds appropriated by this 

16 Act, the Chairperson of the National Endowment for the 

17 Arts shall ensure that priority is given to providing serv18 ices or awarding financial assistance for projects, produc19 tions, workshops, or programs that will encourage public 

20 knowledge, education, understanding, and appreciation of 

21 the arts. 

22 (d) With funds appropriated by this Act to carry out 

23 section 5 of the National Foundation on the Arts and Hu24 manities Act of 1965— 


kjohnson on DSK79L0C42 with BILLS
132 

HR 266 PCS

1 (1) the Chairperson shall establish a grant cat2 egory for projects, productions, workshops, or pro3 grams that are of national impact or availability or 

4 are able to tour several States; 

5 (2) the Chairperson shall not make grants ex6 ceeding 15 percent, in the aggregate, of such funds 

7 to any single State, excluding grants made under the 

8 authority of paragraph (1); 

9 (3) the Chairperson shall report to the Con10 gress annually and by State, on grants awarded by 

11 the Chairperson in each grant category under sec12 tion 5 of such Act; and 

13 (4) the Chairperson shall encourage the use of 

14 grants to improve and support community-based 

15 music performance and education. 

16 STATUS OF BALANCES OF APPROPRIATIONS

17 SEC. 415. The Department of the Interior, the Envi18 ronmental Protection Agency, the Forest Service, and the 

19 Indian Health Service shall provide the Committees on 

20 Appropriations of the House of Representatives and Sen21 ate quarterly reports on the status of balances of appro22 priations including all uncommitted, committed, and unob23 ligated funds in each program and activity. 


kjohnson on DSK79L0C42 with BILLS
133 

HR 266 PCS

1 PROHIBITION ON USE OF FUNDS

2 SEC. 416. Notwithstanding any other provision of 

3 law, none of the funds made available in this Act or any 

4 other Act may be used to promulgate or implement any 

5 regulation requiring the issuance of permits under title V 

6 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

7 dioxide, nitrous oxide, water vapor, or methane emissions 

8 resulting from biological processes associated with live9 stock production. 

10 GREENHOUSE GAS REPORTING RESTRICTIONS

11 SEC. 417. Notwithstanding any other provision of 

12 law, none of the funds made available in this or any other 

13 Act may be used to implement any provision in a rule, 

14 if that provision requires mandatory reporting of green15 house gas emissions from manure management systems. 

16 FUNDING PROHIBITION

17 SEC. 418. None of the funds made available by this 

18 or any other Act may be used to regulate the lead content 

19 of ammunition, ammunition components, or fishing tackle 

20 under the Toxic Substances Control Act (15 U.S.C. 2601 

21 et seq.) or any other law. 

22 CONTRACTING AUTHORITIES

23 SEC. 419. Section 412 of Division E of Public Law 

24 112–74 is amended by striking ‘‘fiscal year 2019’’ and in25 serting ‘‘fiscal year 2020’’. 


kjohnson on DSK79L0C42 with BILLS
134 

HR 266 PCS

1 EXTENSION OF GRAZING PERMITS

2 SEC. 420. The terms and conditions of section 325 

3 of Public Law 108–108 (117 Stat. 1307), regarding graz4 ing permits issued by the Forest Service on any lands not 

5 subject to administration under section 402 of the Federal 

6 Lands Policy and Management Act (43 U.S.C. 1752), 

7 shall remain in effect for fiscal year 2019. 

8 FUNDING PROHIBITION

9 SEC. 421. (a) None of the funds made available in 

10 this Act may be used to maintain or establish a computer 

11 network unless such network is designed to block access 

12 to pornography websites. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 FOREST SERVICE FACILITY REALIGNMENT AND

18 ENHANCEMENT ACT

19 SEC. 422. Section 503(f) of the Forest Service Facil20 ity Realignment and Enhancement Act of 2005 (16 U.S.C. 

21 580d note; Public Law 109–54) is amended by striking 

22 ‘‘2018’’ and inserting ‘‘2019’’. 

23 USE OF AMERICAN IRON AND STEEL

24 SEC. 423. (a)(1) None of the funds made available 

25 by a State water pollution control revolving fund as auVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
135 

HR 266 PCS

1 thorized by section 1452 of the Safe Drinking Water Act 

2 (42 U.S.C. 300j–12) shall be used for a project for the 

3 construction, alteration, maintenance, or repair of a public 

4 water system or treatment works unless all of the iron and 

5 steel products used in the project are produced in the 

6 United States. 

7 (2) In this section, the term ‘‘iron and steel’’ products 

8 means the following products made primarily of iron or 

9 steel: lined or unlined pipes and fittings, manhole covers 

10 and other municipal castings, hydrants, tanks, flanges, 

11 pipe clamps and restraints, valves, structural steel, rein12 forced precast concrete, and construction materials. 

13 (b) Subsection (a) shall not apply in any case or cat14 egory of cases in which the Administrator of the Environ15 mental Protection Agency (in this section referred to as 

16 the ‘‘Administrator’’) finds that— 

17 (1) applying subsection (a) would be incon18 sistent with the public interest; 

19 (2) iron and steel products are not produced in 

20 the United States in sufficient and reasonably avail21 able quantities and of a satisfactory quality; or 

22 (3) inclusion of iron and steel products pro23 duced in the United States will increase the cost of 

24 the overall project by more than 25 percent. 


kjohnson on DSK79L0C42 with BILLS
136 

HR 266 PCS

1 (c) If the Administrator receives a request for a waiv2 er under this section, the Administrator shall make avail3 able to the public on an informal basis a copy of the re4 quest and information available to the Administrator con5 cerning the request, and shall allow for informal public 

6 input on the request for at least 15 days prior to making 

7 a finding based on the request. The Administrator shall 

8 make the request and accompanying information available 

9 by electronic means, including on the official public Inter10 net Web site of the Environmental Protection Agency. 

11 (d) This section shall be applied in a manner con12 sistent with United States obligations under international 

13 agreements. 

14 (e) The Administrator may retain up to 0.25 percent 

15 of the funds appropriated in this Act for the Clean and 

16 Drinking Water State Revolving Funds for carrying out 

17 the provisions described in subsection (a)(1) for manage18 ment and oversight of the requirements of this section. 

19 MIDWAY ISLAND

20 SEC. 424. None of the funds made available by this 

21 Act may be used to destroy any buildings or structures 

22 on Midway Island that have been recommended by the 

23 United States Navy for inclusion in the National Register 

24 of Historic Places (54 U.S.C. 302101). 


kjohnson on DSK79L0C42 with BILLS
137 

HR 266 PCS

1 JOHN F. KENNEDY CENTER REAUTHORIZATION

2 SEC. 425. Section 13 of the John F. Kennedy Center 

3 Act (20 U.S.C. 76r) is amended by striking subsections 

4 (a) and (b) and inserting the following: 

5 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— 

6 There is authorized to be appropriated to the Board to 

7 carry out section 4(a)(1)(H), $24,490,000 for fiscal year 

8 2019. 

9 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 

10 appropriated to the Board to carry out subparagraphs (F) 

11 and (G) of section 4(a)(1), $16,800,000 for fiscal year 

12 2019.’’. 

13 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS14 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

15 WILDFIRES

16 SEC. 426. The Secretary of the Interior is authorized 

17 to enter into grants and cooperative agreements with vol18 unteer fire departments, rural fire departments, rangeland 

19 fire protection associations, and similar organizations to 

20 provide for wildland fire training and equipment, including 

21 supplies and communication devices. Notwithstanding 

22 121(c) of title 40, United States Code, or section 521 of 

23 title 40, United States Code, the Secretary is further au24 thorized to transfer title to excess Department of the Inte25 rior firefighting equipment no longer needed to carry out 


kjohnson on DSK79L0C42 with BILLS
138 

HR 266 PCS

1 the functions of the Department’s wildland fire manage2 ment program to such organizations. 

3 INFRASTRUCTURE

4 SEC. 427. (a) For an additional amount for ‘‘Envi5 ronmental Protection Agency—Hazardous Substance 

6 Superfund’’, $43,000,000, of which $38,000,000 shall be 

7 for the Superfund Remedial program and $5,000,000 

8 shall be for the Superfund Emergency Response and Re9 moval program, to remain available until expended, con10 sisting of such sums as are available in the Trust Fund 

11 on September 30, 2018, as authorized by section 517(a) 

12 of the Superfund Amendments and Reauthorization Act 

13 of 1986 (SARA) and up to $43,000,000 as a payment 

14 from general revenues to the Hazardous Substance Super15 fund for purposes as authorized by section 517(b) of 

16 SARA. 

17 (b) For an additional amount for ‘‘Environmental 

18 Protection Agency—State and Tribal Assistance Grants,’’ 

19 for environmental programs and infrastructure assistance, 

20 including capitalization grants for State revolving funds 

21 and performance partnership grants, $670,000,000 to re22 main available until expended, of which— 

23 (1) $300,000,000 shall be for making capital24 ization grants for the Clean Water State Revolving 

25 Funds under title VI of the Federal Water Pollution 


kjohnson on DSK79L0C42 with BILLS
139 

HR 266 PCS

1 Control Act; and of which $300,000,000 shall be for 

2 making capitalization grants for the Drinking Water 

3 State Revolving Funds under section 1452 of the 

4 Safe Drinking Water Act; 

5 (2) $30,000,000 shall be for grants for small 

6 and disadvantaged communities authorized in sec7 tion 2104 of the Water Infrastructure Improvements 

8 for the Nation Act (Public Law 114–322); 

9 (3) $25,000,000 shall be for grants for lead 

10 testing in school and child care program drinking 

11 water authorized in section 2107 of the Water Infra12 structure Improvements for the Nation Act (Public 

13 Law 114–322); 

14 (4) $15,000,000 shall be for grants for reduc15 ing lead in drinking water authorized in section 

16 2105 of the Water Infrastructure Improvements for 

17 the Nation Act (Public Law 114–322). 

18 (c) For an additional amount for ‘‘Environmental 

19 Protection Agency—Water Infrastructure Finance and In20 novation Program Account’’, $53,000,000, to remain 

21 available until expended, for the cost of direct loans, for 

22 the cost of guaranteed loans, and for administrative ex23 penses to carry out the direct and guaranteed loan pro24 grams, of which $3,000,000, to remain available until Sep25 tember 30, 2020, may be used for such administrative exVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
140 

HR 266 PCS

1 penses: Provided, That these additional funds are available 

2 to subsidize gross obligations for the principal amount of 

3 direct loans, including capitalized interest, and total loan 

4 principal, including capitalized interest, any part of which 

5 is to be guaranteed, not to exceed $6,100,000,000. 

6 POLICIES RELATING TO BIOMASS ENERGY

7 SEC. 428. To support the key role that forests in the 

8 United States can play in addressing the energy needs of 

9 the United States, the Secretary of Energy, the Secretary 

10 of Agriculture, and the Administrator of the Environ11 mental Protection Agency shall, consistent with their mis12 sions, jointly— 

13 (1) ensure that Federal policy relating to forest 

14 bioenergy— 

15 (A) is consistent across all Federal depart16 ments and agencies; and 

17 (B) recognizes the full benefits of the use 

18 of forest biomass for energy, conservation, and 

19 responsible forest management; and 

20 (2) establish clear and simple policies for the 

21 use of forest biomass as an energy solution, includ22 ing policies that— 

23 (A) reflect the carbon-neutrality of forest 

24 bioenergy and recognize biomass as a renewable 

25 energy source, provided the use of forest bioVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
141 

HR 266 PCS

1 mass for energy production does not cause con2 version of forests to non-forest use; 

3 (B) encourage private investment through4 out the forest biomass supply chain, including 

5 in— 

6 (i) working forests; 

7 (ii) harvesting operations; 

8 (iii) forest improvement operations; 

9 (iv) forest bioenergy production; 

10 (v) wood products manufacturing; or 

11 (vi) paper manufacturing; 

12 (C) encourage forest management to im13 prove forest health; and 

14 (D) recognize State initiatives to produce 

15 and use forest biomass. 

16 CLARIFICATION OF EXEMPTIONS

17 SEC. 429. None of the funds made available in this 

18 Act may be used to require a permit for the discharge 

19 of dredged or fill material under the Federal Water Pollu20 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 

21 identified in subparagraphs (A) and (C) of section 

22 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

23 SMALL REMOTE INCINERATORS

24 SEC. 430. None of the funds made available in this 

25 Act may be used to implement or enforce the regulation 


kjohnson on DSK79L0C42 with BILLS
142 

HR 266 PCS

1 issued on March 21, 2011 at 40 CFR part 60 subparts 

2 CCCC and DDDD with respect to units in the State of 

3 Alaska that are defined as ‘‘small, remote incinerator’’ 

4 units in those regulations and, until a subsequent regula5 tion is issued, the Administrator shall implement the law 

6 and regulations in effect prior to such date. 

7 RECREATION FEES

8 SEC. 431. Section 810 of the Federal Lands Recre9 ation Enhancement Act (16 U.S.C. 6809) shall be applied 

10 by substituting ‘‘October 1, 2020’’ for ‘‘September 30, 

11 2019’’. 

12 SEC. 432. (a) None of the funds appropriated or oth13 erwise made available under this Act may be used by the 

14 Department of the Interior, the Environmental Protection 

15 Agency, the Forest Service, the Indian Health Service, or 

16 the Smithsonian Institution to acquire telecommunications 

17 equipment produced by Huawei Technologies Company, 

18 ZTE Corporation or a high-impact or moderate-impact in19 formation system, as defined for security categorization in 

20 the National Institute of Standards and Technology’s 

21 (NIST) Federal Information Processing Standard Publi22 cation 199, ‘‘Standards for Security Categorization of 

23 Federal Information and Information Systems’’ unless the 

24 agency has— 


kjohnson on DSK79L0C42 with BILLS
143 

HR 266 PCS

1 (1) reviewed the supply chain risk for the infor2 mation systems against criteria developed by NIST 

3 to inform acquisition decisions for high-impact and 

4 moderate-impact information systems within the 

5 Federal Government; 

6 (2) reviewed the supply chain risk from the pre7 sumptive awardee against available and relevant 

8 threat information provided by the Federal Bureau 

9 of Investigation and other appropriate agencies; and 

10 (3) in consultation with the Federal Bureau of 

11 Investigation or other appropriate Federal entity, 

12 conducted an assessment of any risk of cyber-espio13 nage or sabotage associated with the acquisition of 

14 such system, including any risk associated with such 

15 system being produced, manufactured, or assembled 

16 by one or more entities identified by the United 

17 States Government as posing a cyber threat, includ18 ing but not limited to, those that may be owned, di19 rected, or subsidized by the People’s Republic of 

20 China, the Islamic Republic of Iran, the Democratic 

21 People’s Republic of Korea, or the Russian Federa22 tion. 

23 (b) None of the funds appropriated or otherwise 

24 made available under this Act may be used to acquire a 

25 high-impact or moderate impact information system reVerDate Sep 11 2014 22:26 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H266.PCS H266

kjohnson on DSK79L0C42 with BILLS
144 

HR 266 PCS

1 viewed and assessed under subsection (a) unless the head 

2 of the assessing entity described in subsection (a) has— 

3 (1) developed, in consultation with NIST and 

4 supply chain risk management experts, a mitigation 

5 strategy for any identified risks; 

6 (2) determined, in consultation with NIST and 

7 the Federal Bureau of Investigation, that the acqui8 sition of such system is in the vital national security 

9 interest of the United States; and 

10 (3) reported that determination to the Commit11 tees on Appropriations of the House of Representa12 tives and the Senate in a manner that identifies the 

13 system intended for acquisition and a detailed de14 scription of the mitigation strategies identified in 

15 (1), provided that such report may include a classi16 fied annex as necessary. 

17 SEC. 433. Within available funds, not later than 180 

18 days after the date of enactment of this Act, the Comp19 troller General of the United States shall issue a report 

20 on efforts by the Department of Housing and Urban De21 velopment and the Environmental Protection Agency re22 lating to the removal of lead-based paint and other haz23 ardous materials, which shall include— 


kjohnson on DSK79L0C42 with BILLS
145 

HR 266 PCS

1 (1) a description of direct removal efforts by 

2 the Department of Housing and Urban Development 

3 and the Environmental Protection Agency; 

4 (2) a description of education provided by the 

5 Department of Housing and Urban Development 

6 and the Environmental Protection Agency to other 

7 Federal agencies, local governments and commu8 nities, recipients of grants made by either entity, 

9 and the general public relating to the removal of 

10 lead-based paint and other hazardous materials; 

11 (3) a description of assistance received from 

12 other Federal agencies relating to the removal of 

13 lead-based paint and other hazardous materials; and 

14 (4) any best practices developed or provided by 

15 the Department of Housing and Urban Development 

16 and the Environmental Protection Agency relating 

17 to the removal of lead-based paint and other haz18 ardous materials. 

19 SEC. 434. (a) Within available funds for the National 

20 Forest System, the Secretary of Agriculture shall conduct 

21 an inventory and evaluation of certain land, as generally 

22 depicted on the map entitled ‘‘Flatside Wilderness Adja23 cent Inventory Areas’’ and dated November 30, 2017, to 

24 determine the suitability of that land for inclusion in the 

25 National Wilderness Preservation System. 


kjohnson on DSK79L0C42 with BILLS
146 

HR 266 PCS

1 (b) The Chief of the Forest Service shall submit to 

2 the Committees on Agriculture, Nutrition, and Forestry, 

3 Appropriations, and Energy and Natural Resources of the 

4 Senate the results of the inventory and evaluation required 

5 under subsection (a). 

6 ADDRESSING PEDIATRIC CANCER RATES IN THE UNITED

7 STATES

8 SEC. 435. (a) REPORT IDENTIFYING GEOGRAPHIC

9 VARIATION OF TYPES OF PEDIATRIC CANCER.—Using 

10 funds appropriated under the heading ‘‘Toxic Substances 

11 and Environmental Health’’ for the Agency for Toxic Sub12 stances and Disease Registry, the Secretary of Health and 

13 Human Services, not later than 180 days after the date 

14 of enactment of this Act, shall submit to the Committee 

15 on Health, Education, Labor, and Pensions of the Senate, 

16 the Committee on Appropriations of the Senate, the Com17 mittee on Energy and Commerce of the House of Rep18 resentatives, and the Committee on Appropriations of the 

19 House of Representatives, a report that provides details 

20 on the geographic variation in pediatric cancer incidence 

21 in the United States, including— 

22 (1) the types of pediatric cancer within each of 

23 the 10 States with the highest age-adjusted inci24 dence rate of cancer among persons aged 20 years 

25 or younger; 


kjohnson on DSK79L0C42 with BILLS
147 

HR 266 PCS

1 (2) geographic concentrations of types and 

2 prevalence of pediatric cancers within each such 

3 State, in accordance with Centers for Disease Con4 trol and Prevention guidelines; and 

5 (3) an update on current activities related to 

6 pediatric cancer, including with respect to carrying 

7 out section 399V–6 of the Public Health Service Act 

8 (42 U.S.C. 280g–17). 

9 (b) SUPPORT FOR STATES WITH HIGH INCIDENCE

10 OF PEDIATRIC CANCER.—Using funds appropriated under 

11 the heading ‘‘Toxic Substances and Environmental Public 

12 Health’’ for the Agency for Toxic Substances and Disease 

13 Registry, the Secretary of Health and Human Services 

14 may conduct public outreach, in collaboration with State 

15 departments of health, particularly in the 10 States with 

16 the highest age-adjusted incidence rate of cancer among 

17 persons aged 20 years or younger, to improve awareness 

18 by residents, clinicians, and others, as appropriate, of pos19 sible contributing factors to pediatric cancer, including en20 vironmental exposures, in a manner that is complementary 

21 of, and does not conflict with, ongoing pediatric cancer22 related activities supported by the Department of Health 

23 and Human Services. 

24 (c) PRIVACY.—The Secretary of Health and Human 

25 Services shall ensure that all information with respect to 


kjohnson on DSK79L0C42 with BILLS
148 

HR 266 PCS

1 patients that is contained in the reports under this section 

2 is de-identified and protects personal privacy of such pa3 tients in accordance with applicable Federal and State pri4 vacy law. 

5 EXPLANATORY STATEMENT

6 SEC. 436. The explanatory statement regarding divi7 sion A of H.R. 21, printed in the Congressional Record 

8 on January 3, 2019, and submitted by the Chair of the 

9 Committee on Appropriations, shall have the same effect 

10 with respect to allocation of funds and implementation of 

11 this Act as if it were a joint explanatory statement of a 

12 committee of conference. 

13 COMPENSATION FOR FEDERAL EMPLOYEES FURLOUGHED

14 DURING A GOVERNMENT SHUTDOWN

15 SEC. 437. (a) Employees furloughed as a result of 

16 any lapse in appropriations beginning on or about Decem17 ber 22, 2018 and ending on the date of enactment of this 

18 Act shall be compensated at their standard rate of com19 pensation, for the period of such lapse in appropriations, 

20 as soon as practicable after such lapse in appropriations 

21 ends. 

22 (b) For purposes of this section, ‘‘employees’’ means 

23 any Federal employees whose salaries and expenses are 

24 provided in this Act. 


kjohnson on DSK79L0C42 with BILLS
149 

HR 266 PCS

1 (c) All obligations incurred in anticipation of the ap2 propriations made and authority granted by this Act for 

3 the purposes of maintaining the essential level of activity 

4 to protect life and property and bringing about orderly ter5 mination of Government functions, and for purposes as 

6 otherwise authorized by law, are hereby ratified and ap7 proved if otherwise in accord with the provisions of this 

8 Act. 

9 STATES, TERRITORIES, POSSESSIONS AND OTHER FED10 ERAL GRANTEES IMPACTED BY A GOVERNMENT

11 SHUTDOWN

12 SEC. 438. (a) If a State (or another Federal grantee) 

13 used State funds (or the grantee’s non-Federal funds) to 

14 continue carrying out a Federal program or furloughed 

15 State employees (or the grantee’s employees) whose com16 pensation is advanced or reimbursed in whole or in part 

17 by the Federal Government— 

18 (1) such furloughed employees shall be com19 pensated at their standard rate of compensation for 

20 such period; 

21 (2) the State (or such other grantee) shall be 

22 reimbursed for expenses that would have been paid 

23 by the Federal Government during such period had 

24 appropriations been available, including the cost of 

25 compensating such furloughed employees, together 


kjohnson on DSK79L0C42 with BILLS
150 

HR 266 PCS

1 with interest thereon calculated under section 

2 6503(d) of title 31, United States Code; and 

3 (3) the State (or such other grantee) may use 

4 funds available to the State (or the grantee) under 

5 such Federal program to reimburse such State (or 

6 the grantee), together with interest thereon cal7 culated under section 6503(d) of title 31, United 

8 States Code. 

9 (b) For purposes of this section, the term ‘‘State’’ 

10 and the term ‘‘grantee,’’ including United States terri11 tories and possessions, shall have the meaning given such 

12 terms under the applicable Federal program under sub13 section (a). In addition, ‘‘to continue carrying out a Fed14 eral program’’ means the continued performance by a 

15 State or other Federal grantee, during the period of a 

16 lapse in appropriations, of a Federal program that the 

17 State or such other grantee had been carrying out prior 

18 to the period of the lapse in appropriations. 

19 (c) The authority under this section applies with re20 spect to any period in fiscal year 2019 (not limited to peri21 ods beginning or ending after the date of the enactment 

22 of this Act) during which there occurs a lapse in appro23 priations with respect to any department or agency of the 

24 Federal Government receiving funding in this Act which, 

25 but for such lapse in appropriations, would have paid, or 


kjohnson on DSK79L0C42 with BILLS
151 

HR 266 PCS

1 made reimbursement relating to, any of the expenses re2 ferred to in this section with respect to the program in3 volved. Payments and reimbursements under this author4 ity shall be made only to the extent and in amounts pro5 vided in advance in appropriations Acts. 

6 This Act may be cited as the ‘‘Department of the In7 terior, Environment, and Related Agencies Appropriations 

8 Act, 2019’’. 

Passed the House of Representatives January 11, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS
Calendar No. 12 

116TH CONGRESS 

1ST SESSION H. R. 266 

AN ACT 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2019, and Interior, environment, and related agencies for 

JANUARY 15, 2019 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS