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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5538 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 491
114th CONGRESS
  2d Session
                                H. R. 5538

                          [Report No. 114-632]

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2017, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2016

    Mr. Calvert, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2017, and 
                          for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2017, and for 
other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), 
$1,081,922,000, to remain available until expended, including all such 
amounts as are collected from permit processing fees, as authorized but 
made subject to future appropriation by section 35(d)(3)(A)(i) of the 
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit 
processing fees may be used for any bureau-related expenses associated 
with the processing of oil and gas applications for permits to drill 
and related use of authorizations; of which $3,000,000 shall be 
available in fiscal year 2017 subject to a match by at least an equal 
amount by the National Fish and Wildlife Foundation for cost-shared 
projects supporting conservation of Bureau lands; and such funds shall 
be advanced to the Foundation as a lump-sum grant without regard to 
when expenses are incurred.
    In addition, $39,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program, to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from mining 
claim maintenance fees and location fees that are hereby authorized for 
fiscal year 2017, so as to result in a final appropriation estimated at 
not more than $1,081,922,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by the Bureau 
for the cost of administering communication site activities.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, $19,400,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$106,985,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (43 U.S.C. 1181f).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall 
be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under 
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain 
available until expended: Provided, That notwithstanding any provision 
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 
1735(a)), any moneys that have been or will be received pursuant to 
that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such 
amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available 
until expended.

                       administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private 
entities, including with States. Appropriations for the Bureau shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000: 
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the 
Bureau may, under cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the 
Bureau determines the cooperator is capable of meeting accepted quality 
standards: Provided further, That projects to be funded pursuant to a 
written commitment by a State government to provide an identified 
amount of money in support of the project may be carried out by the 
Bureau on a reimbursable basis. Appropriations herein made shall not be 
available for the destruction of healthy, unadopted, wild horses and 
burros in the care of the Bureau or its contractors or for the sale of 
wild horses and burros that results in their destruction for processing 
into commercial products: Provided further, That the Secretary shall 
approve any use of a right-of-way granted pursuant to the General 
Railroad Right-of-Way Act of 1875 (43 U.S.C. 934-939) if authorization 
of the use would have been considered under Department policy to be 
within the scope of a railroad's authority as of the day before the 
effective date of the Department's Solicitor's Opinion M-37025, issued 
on November 4, 2011.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,255,004,000, to remain 
available until September 30, 2018: Provided, That not to exceed 
$14,411,000 shall be used for implementing subsections (a), (b), (c), 
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
1533) (except for processing petitions, developing and issuing proposed 
and final regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 
which not to exceed $1,501,000 shall be used for any activity regarding 
the designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2015; of which not to exceed $1,501,000 
shall be used for any activity regarding petitions for species that are 
indigenous to the United States pursuant to subsections (b)(3)(A) and 
(b)(3)(B); and, of which not to exceed $1,504,000 shall be used for 
implementing subsections (a), (b), (c), and (e) of section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533) for species that are 
not indigenous to the United States.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fish and wildlife 
resources, and the acquisition of lands and interests therein; 
$14,837,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out chapter 2003 of title 54, 
United States Code, including administrative expenses, and for 
acquisition of land or waters, or interest therein, in accordance with 
statutory authority applicable to the United States Fish and Wildlife 
Service, $50,300,000, to be derived from the Land and Water 
Conservation Fund and to remain available until expended, of which, 
notwithstanding section 200306 of title 54, United States Code, not 
more than $10,000,000 shall be for land conservation partnerships 
authorized by the Highlands Conservation Act of 2004, including not to 
exceed $320,000 for administrative expenses: Provided, That none of the 
funds appropriated for specific land acquisition projects may be used 
to pay for any administrative overhead, planning or other management 
costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1535), $55,590,000, to remain available 
until expended, of which $24,790,000 is to be derived from the 
Cooperative Endangered Species Conservation Fund; and of which 
$30,800,000 is to be derived from the Land and Water Conservation Fund.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 
$37,645,000, to remain available until expended.

                neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain 
available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine 
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, 
to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $62,571,000, to remain available 
until expended: Provided, That of the amount provided herein, 
$4,334,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation: Provided 
further, That $7,237,000 is for a competitive grant program to 
implement approved plans for States, territories, and other 
jurisdictions and at the discretion of affected States, the regional 
Associations of fish and wildlife agencies, not subject to the 
remaining provisions of this appropriation: Provided further, That the 
Secretary shall, after deducting $11,571,000 and administrative 
expenses, apportion the amount provided herein in the following manner: 
(1) to the District of Columbia and to the Commonwealth of Puerto Rico, 
each a sum equal to not more than one-half of 1 percent thereof; and 
(2) to Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands, each a sum equal to not 
more than one-fourth of 1 percent thereof: Provided further, That the 
Secretary shall apportion the remaining amount in the following manner: 
(1) one-third of which is based on the ratio to which the land area of 
such State bears to the total land area of all such States; and (2) 
two-thirds of which is based on the ratio to which the population of 
such State bears to the total population of all such States: Provided 
further, That the amounts apportioned under this paragraph shall be 
adjusted equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amount available for apportionment under 
this paragraph for any fiscal year or more than 5 percent of such 
amount: Provided further, That the Federal share of planning grants 
shall not exceed 75 percent of the total costs of such projects and the 
Federal share of implementation grants shall not exceed 65 percent of 
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant 
programs: Provided further, That any amount apportioned in 2017 to any 
State, territory, or other jurisdiction that remains unobligated as of 
September 30, 2018, shall be reapportioned, together with funds 
appropriated in 2019, in the manner provided herein.

                       administrative provisions

    The United States Fish and Wildlife Service may carry out the 
operations of Service programs by direct expenditure, contracts, 
grants, cooperative agreements and reimbursable agreements with public 
and private entities. Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for repair of 
damage to public roads within and adjacent to reservation areas caused 
by operations of the Service; options for the purchase of land at not 
to exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are consistent with their 
primary purpose; and the maintenance and improvement of aquaria, 
buildings, and other facilities under the jurisdiction of the Service 
and to which the United States has title, and which are used pursuant 
to law in connection with management, and investigation of fish and 
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the 
Service may, under cooperative cost sharing and partnership 
arrangements authorized by law, procure printing services from 
cooperators in connection with jointly produced publications for which 
the cooperators share at least one-half the cost of printing either in 
cash or services and the Service determines the cooperator is capable 
of meeting accepted quality standards: Provided further, That the 
Service may accept donated aircraft as replacements for existing 
aircraft:  Provided further, That notwithstanding 31 U.S.C. 3302, all 
fees collected for non-toxic shot review and approval shall be 
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without 
further appropriation, to be used for expenses of processing of such 
non-toxic shot type or coating applications and revising regulations as 
necessary, and shall remain available until expended: Provided further, 
that none of the funds made available to the Service by this Act may be 
used to close or otherwise terminate operations of any of the 90 units 
of the National Fish Hatchery System.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service and for the general administration of the National Park 
Service, $2,435,047,000, of which $10,032,000 for planning and 
interagency coordination in support of Everglades restoration and 
$134,461,000 for maintenance, repair, or rehabilitation projects for 
constructed assets shall remain available until September 30, 2018: 
Provided, That funds appropriated under this heading in this Act are 
available for the purposes of section 5 of Public Law 95-348.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, and 
grant administration, not otherwise provided for, $62,632,000.

                       historic preservation fund

    For expenses necessary in carrying out the National Historic 
Preservation Act (division A of subtitle III of title 54, United States 
Code), $78,410,000, to be derived from the Historic Preservation Fund 
and to remain available until September 30, 2018, of which $5,000,000 
shall be for Save America's Treasures grants for preservation of 
national significant sites, structures, and artifacts as authorized by 
section 7303 of the Omnibus Public Land Management Act of 2009 (54 
U.S.C. 3089): Provided, That an individual Save America's Treasures 
grant shall be matched by non-Federal funds: Provided further, That 
individual projects shall only be eligible for one grant: Provided 
further, That all projects to be funded shall be approved by the 
Secretary of the Interior in consultation with the House and Senate 
Committees on Appropriations: Provided further, That of the funds 
provided for the Historic Preservation Fund, $500,000 is for 
competitive grants for the survey and nomination of properties to the 
National Register of Historic Places and as National Historic Landmarks 
associated with communities currently underrepresented, as determined 
by the Secretary, $11,000,000 is for competitive grants to preserve the 
sites and stories of the Civil Rights movement, and $3,000,000 is for 
grants to Historically Black Colleges and Universities: Provided 
further, That such competitive grants shall be made without imposing 
the matching requirements in section 302902(b)(3) of title 54, United 
States Code to States and Indian tribes as defined in chapter 3003 of 
such title, Native Hawaiian organizations, local governments, including 
Certified Local Governments, and nonprofit organizations.

                              construction

    For construction, improvements, repair, or replacement of physical 
facilities, and compliance and planning for programs and areas 
administered by the National Park Service, $215,707,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, for any project initially funded in fiscal year 2017 
with a future phase indicated in the National Park Service 5-Year Line 
Item Construction Plan, a single procurement may be issued which 
includes the full scope of the project: Provided further, That the 
solicitation and contract shall contain the clause availability of 
funds found at 48 CFR 52.232-18: Provided further, That National Park 
Service Donations, Park Concessions Franchise Fees, and Recreation Fees 
may be made available for the cost of adjustments and changes within 
the original scope of effort for projects funded by the National Park 
Service Construction appropriation: Provided further, That the 
Secretary of the Interior shall consult with the Committees on 
Appropriations, in accordance with current reprogramming thresholds, 
prior to making any charges authorized by this section.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2017 by section 
200308 of title 54, United States Code, is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out chapter 2003 of title 54, 
United States Code, including administrative expenses, and for 
acquisition of lands or waters, or interest therein, in accordance with 
the statutory authority applicable to the National Park Service, 
$128,752,000, to be derived from the Land and Water Conservation Fund 
and to remain available until expended, of which $80,000,000 is for the 
State assistance program and of which $10,000,000 shall be for the 
American Battlefield Protection Program grants as authorized by chapter 
3081 of title 54, United States Code.

                          centennial challenge

    For expenses necessary to carry out the provisions of section 
101701 of title 54, United States Code, relating to challenge cost 
share agreements, $30,000,000, to remain available until expended, for 
Centennial Challenge projects and programs: Provided, That not less 
than 50 percent of the total cost of each project or program shall be 
derived from non-Federal sources in the form of donated cash, assets, 
or a pledge of donation guaranteed by an irrevocable letter of credit.

                       administrative provisions

                     (including transfer of funds)

    In addition to other uses set forth in section 101917(c)(2) of 
title 54, United States Code, franchise fees credited to a sub-account 
shall be available for expenditure by the Secretary, without further 
appropriation, for use at any unit within the National Park System to 
extinguish or reduce liability for Possessory Interest or leasehold 
surrender interest. Such funds may only be used for this purpose to the 
extent that the benefitting unit anticipated franchise fee receipts 
over the term of the contract at that unit exceed the amount of funds 
used to extinguish or reduce liability. Franchise fees at the 
benefitting unit shall be credited to the sub-account of the 
originating unit over a period not to exceed the term of a single 
contract at the benefitting unit, in the amount of funds so expended to 
extinguish or reduce liability.
    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, for 
purposes authorized under 23 U.S.C. 204. Transfers may include a 
reasonable amount for FHWA administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,080,006,000, 
to remain available until September 30, 2018; of which $63,637,189 
shall remain available until expended for satellite operations; and of 
which $7,280,000 shall be available until expended for deferred 
maintenance and capital improvement projects that exceed $100,000 in 
cost: Provided, That none of the funds provided for the ecosystem 
research activity shall be used to conduct new surveys on private 
property, unless specifically authorized in writing by the property 
owner: Provided further, That no part of this appropriation shall be 
used to pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for contracting for the furnishing of topographic maps and for the 
making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Committee for 
Geological Sciences; and payment of compensation and expenses of 
persons employed by the Survey duly appointed to represent the United 
States in the negotiation and administration of interstate compacts: 
Provided, That activities funded by appropriations herein made may be 
accomplished through the use of contracts, grants, or cooperative 
agreements as defined in section 6302 of title 31, United States Code: 
Provided further, That the United States Geological Survey may enter 
into contracts or cooperative agreements directly with individuals or 
indirectly with institutions or nonprofit organizations, without regard 
to 41 U.S.C. 6101, for the temporary or intermittent services of 
students or recent graduates, who shall be considered employees for the 
purpose of chapters 57 and 81 of title 5, United States Code, relating 
to compensation for travel and work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

                   Bureau of Ocean Energy Management

                        ocean energy management

    For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and 
marine-related purposes on the Outer Continental Shelf and approving 
operations related thereto, as authorized by law; for environmental 
studies, as authorized by law; for implementing other laws and to the 
extent provided by Presidential or Secretarial delegation; and for 
matching grants or cooperative agreements, $169,306,000, of which 
$74,362,000, is to remain available until September 30, 2018, and of 
which $94,944,000 is to remain available until expended: Provided, That 
this total appropriation shall be reduced by amounts collected by the 
Secretary and credited to this appropriation from additions to receipts 
resulting from increases to lease rental rates in effect on August 5, 
1993, and from cost recovery fees from activities conducted by the 
Bureau of Ocean Energy Management pursuant to the Outer Continental 
Shelf Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities: Provided further, That the sum 
herein appropriated shall be reduced as such collections are received 
during the fiscal year, so as to result in a final fiscal year 2017 
appropriation estimated at not more than $74,362,000: Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities.

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

                    (including rescission of funds)

    For expenses necessary for the regulation of operations related to 
leases, easements, rights-of-way and agreements for use for oil and 
gas, other minerals, energy, and marine-related purposes on the Outer 
Continental Shelf, as authorized by law; for enforcing and implementing 
laws and regulations as authorized by law and to the extent provided by 
Presidential or Secretarial delegation; and for matching grants or 
cooperative agreements, $136,968,000, of which $93,438,000 is to remain 
available until September 30, 2018, and of which $43,530,000 is to 
remain available until expended: Provided, That this total 
appropriation shall be reduced by amounts collected by the Secretary 
and credited to this appropriation from additions to receipts resulting 
from increases to lease rental rates in effect on August 5, 1993, and 
from cost recovery fees from activities conducted by the Bureau of 
Safety and Environmental Enforcement pursuant to the Outer Continental 
Shelf Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities: Provided further, That the sum 
herein appropriated shall be reduced as such collections are received 
during the fiscal year, so as to result in a final fiscal year 2017 
appropriation estimated at not more than $93,438,000.
    For an additional amount, $53,000,000, to remain available until 
expended, to be reduced by amounts collected by the Secretary and 
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2017, as provided 
in this Act: Provided, That to the extent that amounts realized from 
such inspection fees exceed $53,000,000, the amounts realized in excess 
of $53,000,000 shall be credited to this appropriation and remain 
available until expended: Provided further, That for fiscal year 2017, 
not less than 50 percent of the inspection fees expended by the Bureau 
of Safety and Environmental Enforcement will be used to fund personnel 
and mission-related costs to expand capacity and expedite the orderly 
development, subject to environmental safeguards, of the Outer 
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.), including the review of applications for permits 
to drill.
    Of the unobligated balances available for this account, $20,000,000 
are permanently rescinded.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
$119,300,000, to remain available until September 30, 2018: Provided, 
That appropriations for the Office of Surface Mining Reclamation and 
Enforcement may provide for the travel and per diem expenses of State 
and tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.
    In addition, for costs to review, administer, and enforce permits 
issued by the Office pursuant to section 507 of Public Law 95-87 (30 
U.S.C. 1257), $40,000, to remain available until expended: Provided, 
That fees assessed and collected by the Office pursuant to such section 
507 shall be credited to this account as discretionary offsetting 
collections, to remain available until expended: Provided further, That 
the sum herein appropriated from the general fund shall be reduced as 
collections are received during the fiscal year, so as to result in a 
fiscal year 2017 appropriation estimated at not more than $119,300,000.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, $27,303,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended: Provided, That pursuant to Public Law 
97-365, the Department of the Interior is authorized to use up to 20 
percent from the recovery of the delinquent debt owed to the United 
States Government to pay for contracts to collect these debts: Provided 
further, That funds made available under title IV of Public Law 95-87 
may be used for any required non-Federal share of the cost of projects 
funded by the Federal Government for the purpose of environmental 
restoration related to treatment or abatement of acid mine drainage 
from abandoned mines: Provided further, That such projects must be 
consistent with the purposes and priorities of the Surface Mining 
Control and Reclamation Act: Provided further, That amounts provided 
under this heading may be used for the travel and per diem expenses of 
State and tribal personnel attending Office of Surface Mining 
Reclamation and Enforcement sponsored training.
    In addition, $90,000,000, to remain available until expended, for 
grants to States for reclamation of abandoned mine lands and other 
related activities in accordance with the terms and conditions in the 
report accompanying this Act: Provided, That such additional amount 
shall be used for economic and community development in conjunction 
with the priorities in section 403(a) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of 
such additional amount, $75,000,000 shall be distributed in equal 
amounts to the 3 Appalachian States with the greatest amount of 
unfunded needs to meet the priorities described in paragraphs (1) and 
(2) of such section, and $15,000,000 shall be distributed in equal 
amounts to the 3 Appalachian States with the subsequent greatest amount 
of unfunded needs to meet such priorities: Provided further, That such 
additional amount shall be allocated to States within 60 days after the 
date of enactment of this Act.

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25 
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), $2,335,635,000, to remain available until 
September 30, 2018, except as otherwise provided herein; of which not 
to exceed $8,500 may be for official reception and representation 
expenses; of which not to exceed $74,773,000 shall be for welfare 
assistance payments: Provided, That in cases of designated Federal 
disasters, the Secretary may exceed such cap, from the amounts provided 
herein, to provide for disaster relief to Indian communities affected 
by the disaster: Provided further, That federally recognized Indian 
tribes and tribal organizations of federally recognized Indian tribes 
may use their tribal priority allocations for unmet welfare assistance 
costs: Provided further, That not to exceed $652,282,000 for school 
operations costs of Bureau-funded schools and other education programs 
shall become available on July 1, 2017, and shall remain available 
until September 30, 2018: Provided further, That not to exceed 
$48,815,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, land 
records improvement, and the Navajo-Hopi Settlement Program: Provided 
further, That notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975 (25 U.S.C. 
450f et seq.) and section 1128 of the Education Amendments of 1978 (25 
U.S.C. 2008), not to exceed $75,335,000 within and only from such 
amounts made available for school operations shall be available for 
administrative cost grants associated with grants approved prior to 
July 1, 2017: Provided further, That any forestry funds allocated to a 
federally recognized tribe which remain unobligated as of September 30, 
2018, may be transferred during fiscal year 2019 to an Indian forest 
land assistance account established for the benefit of the holder of 
the funds within the holder's trust fund account: Provided further, 
That any such unobligated balances not so transferred shall expire on 
September 30, 2019: Provided further, That in order to enhance the 
safety of Bureau field employees, the Bureau may use funds to purchase 
uniforms or other identifying articles of clothing for personnel.

                         contract support costs

    For payments to tribes and tribal organizations for contract 
support costs associated with Indian Self-Determination and Education 
Assistance Act agreements with the Bureau of Indian Affairs for fiscal 
year 2017, such sums as may be necessary, which shall be available for 
obligation through September 30, 2018: Provided, That notwithstanding 
any other provision of law, no amounts made available under this 
heading shall be available for transfer to another budget account.

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $197,017,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2017, in implementing new 
construction, replacement facilities construction, or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to grant schools under Public Law 100-297, the Secretary of 
the Interior shall use the Administrative and Audit Requirements and 
Cost Principles for Assistance Programs contained in 43 CFR part 12 as 
the regulatory requirements: Provided further, That such grants shall 
not be subject to section 12.61 of 43 CFR; the Secretary and the 
grantee shall negotiate and determine a schedule of payments for the 
work to be performed: Provided further, That in considering grant 
applications, the Secretary shall consider whether such grantee would 
be deficient in assuring that the construction projects conform to 
applicable building standards and codes and Federal, tribal, or State 
health and safety standards as required by 25 U.S.C. 2005(b), with 
respect to organizational and financial management capabilities: 
Provided further, That if the Secretary declines a grant application, 
the Secretary shall follow the requirements contained in 25 U.S.C. 
2504(f): Provided further, That any disputes between the Secretary and 
any grantee concerning a grant shall be subject to the disputes 
provision in 25 U.S.C. 2507(e): Provided further, That in order to 
ensure timely completion of construction projects, the Secretary may 
assume control of a project and all funds related to the project, if, 
within 18 months of the date of enactment of this Act, any grantee 
receiving funds appropriated in this Act or in any prior Act, has not 
completed the planning and design phase of the project and commenced 
construction: Provided further, That this appropriation may be 
reimbursed from the Office of the Special Trustee for American Indians 
appropriation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for 
implementation of other land and water rights settlements, $49,025,000, 
to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $8,757,000, of 
which $1,182,000 is for administrative expenses, as authorized by the 
Indian Financing Act of 1974: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That these funds 
are available to subsidize total loan principal, any part of which is 
to be guaranteed or insured, not to exceed $120,050,595.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 
(Public Law 103-413).
    In the event any tribe returns appropriations made available by 
this Act to the Bureau of Indian Affairs, this action shall not 
diminish the Federal Government's trust responsibility to that tribe, 
or the government-to-government relationship between the United States 
and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Education, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., shall be 
available to support the operation of any elementary or secondary 
school in the State of Alaska.
    No funds available to the Bureau of Indian Education shall be used 
to support expanded grades for any school or dormitory beyond the grade 
structure in place or approved by the Secretary of the Interior at each 
school in the Bureau of Indian Education school system as of October 1, 
1995, except that the Secretary of the Interior may waive this 
prohibition to support expansion of up to one additional grade when the 
Secretary determines such waiver is needed to support accomplishment of 
the mission of the Bureau of Indian Education. Appropriations made 
available in this or any prior Act for schools funded by the Bureau 
shall be available, in accordance with the Bureau's funding formula, 
only to the schools in the Bureau school system as of September 1, 
1996, and to any school or school program that was reinstated in fiscal 
year 2012. Funds made available under this Act may not be used to 
establish a charter school at a Bureau-funded school (as that term is 
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 
2021)), except that a charter school that is in existence on the date 
of the enactment of this Act and that has operated at a Bureau-funded 
school before September 1, 1999, may continue to operate during that 
period, but only if the charter school pays to the Bureau a pro rata 
share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such 
funding. Employees of Bureau-funded schools sharing a campus with a 
charter school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United 
States Code.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if in fiscal year 2003 
or 2004 a grantee received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public Law 101-301, 
the Secretary shall continue to distribute indirect and administrative 
cost funds to such grantee using the section 5(f) distribution formula.
    Funds available under this Act may not be used to establish 
satellite locations of schools in the Bureau school system as of 
September 1, 1996, except that the Secretary may waive this prohibition 
in order for an Indian tribe to provide language and cultural immersion 
educational programs for non-public schools located within the 
jurisdictional area of the tribal government which exclusively serve 
tribal members, do not include grades beyond those currently served at 
the existing Bureau-funded school, provide an educational environment 
with educator presence and academic facilities comparable to the 
Bureau-funded school, comply with all applicable Tribal, Federal, or 
State health and safety standards, and the Americans with Disabilities 
Act, and demonstrate the benefits of establishing operations at a 
satellite location in lieu of incurring extraordinary costs, such as 
for transportation or other impacts to students such as those caused by 
busing students extended distances: Provided, That no funds available 
under this Act may be used to fund operations, maintenance, 
rehabilitation, construction or other facilities-related costs for such 
assets that are not owned by the Bureau: Provided further, That the 
term ``satellite school'' means a school location physically separated 
from the existing Bureau school by more than 50 miles but that forms 
part of the existing school in all other respects.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

    For necessary expenses for management of the Department of the 
Interior, including the collection and disbursement of royalties, fees, 
and other mineral revenue proceeds, and for grants and cooperative 
agreements, as authorized by law, $749,422,000, to remain available 
until September 30, 2018; of which not to exceed $15,000 may be for 
official reception and representation expenses; and of which up to 
$1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines; and of which $10,000,000 for the 
Office of Valuation Services is to be derived from the Land and Water 
Conservation Fund and shall remain available until expended; and of 
which $38,300,000 shall remain available until expended for the purpose 
of mineral revenue management activities: Provided, That 
notwithstanding any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connection with 
certain Indian leases in which the Secretary concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or tribes, or to 
correct prior unrecoverable erroneous payments.

                       administrative provisions

    For fiscal year 2017, up to $400,000 of the payments authorized by 
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program: 
Provided, That no payment shall be made pursuant to that Act to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100: Provided further, That the Secretary may 
reduce the payment authorized by 31 U.S.C. 6901-6907 for an individual 
county by the amount necessary to correct prior year overpayments to 
that county: Provided further, That the amount needed to correct a 
prior year underpayment to an individual county shall be paid from any 
reductions for overpayments to other counties and the amount necessary 
to cover any remaining underpayment is hereby appropriated and shall be 
paid to individual counties: Provided further, That of the total amount 
made available by this title for ``Office of the Secretary--
Departmental Operations'', $480,000,000 shall be available to the 
Secretary of the Interior for fiscal year 2017 for payments in lieu of 
taxes under chapter 69 of title 31, United States Code.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108-188, $86,976,000, of 
which: (1) $77,528,000 shall remain available until expended for 
territorial assistance, including general technical assistance, 
maintenance assistance, disaster assistance, coral reef initiative 
activities, and brown tree snake control and research; grants to the 
judiciary in American Samoa for compensation and expenses, as 
authorized by law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for construction 
and support of governmental functions; grants to the Government of the 
Virgin Islands as authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); 
and (2) $9,448,000 shall be available until September 30, 2018, for 
salaries and expenses of the Office of Insular Affairs: Provided, That 
all financial transactions of the territorial and local governments 
herein provided for, including such transactions of all agencies or 
instrumentalities established or used by such governments, may be 
audited by the Government Accountability Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).

                      compact of free association

    For grants and necessary expenses, $3,318,000, to remain available 
until expended, as provided for in sections 221(a)(2) and 233 of the 
Compact of Free Association for the Republic of Palau; and section 
221(a)(2) of the Compacts of Free Association for the Government of the 
Republic of the Marshall Islands and the Federated States of 
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.

                       Administrative Provisions

                     (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act 
for construction and repair projects in Guam, and such funds shall 
remain available until expended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That such loans 
or loan guarantees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on the types of 
eligible entities under the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act: 
Provided further, That any funds transferred to the Secretary of 
Agriculture shall be in addition to funds otherwise made available to 
make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $65,800,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$50,047,000.

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$139,029,000, to remain available until expended, of which not to 
exceed $18,688,000 from this or any other Act, may be available for 
historical accounting: Provided, That funds for trust management 
improvements and litigation support may, as needed, be transferred to 
or merged with the Bureau of Indian Affairs and Bureau of Indian 
Education, ``Operation of Indian Programs'' account; the Office of the 
Solicitor, ``Salaries and Expenses'' account; and the Office of the 
Secretary, ``Departmental Operations'' account: Provided further, That 
funds made available through contracts or grants obligated during 
fiscal year 2017, as authorized by the Indian Self-Determination Act of 
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by 
the contractor or grantee: Provided further, That notwithstanding any 
other provision of law, the Secretary shall not be required to provide 
a quarterly statement of performance for any Indian trust account that 
has not had activity for at least 15 months and has a balance of $15 or 
less: Provided further, That the Secretary shall issue an annual 
account statement and maintain a record of any such accounts and shall 
permit the balance in each such account to be withdrawn upon the 
express written request of the account holder: Provided further, That 
not to exceed $50,000 is available for the Secretary to make payments 
to correct administrative errors of either disbursements from or 
deposits to Individual Indian Money or Tribal accounts after September 
30, 2002: Provided further, That erroneous payments that are recovered 
shall be credited to and remain available in this account for this 
purpose: Provided further, That the Secretary shall not be required to 
reconcile Special Deposit Accounts with a balance of less than $500 
unless the Office of the Special Trustee receives proof of ownership 
from a Special Deposit Accounts claimant: Provided further, That 
notwithstanding section 102 of the American Indian Trust Fund 
Management Reform Act of 1994 (Public Law 103-412) or any other 
provision of law, the Secretary may aggregate the trust accounts of 
individuals whose whereabouts are unknown for a continuous period of at 
least five years and shall not be required to generate periodic 
statements of performance for the individual accounts: Provided 
further, That with respect to the eighth proviso, the Secretary shall 
continue to maintain sufficient records to determine the balance of the 
individual accounts, including any accrued interest and income, and 
such funds shall remain available to the individual account holders.

                        Department-wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, fire suppression 
operations, fire science and research, emergency rehabilitation, fuels 
management activities, and rural fire assistance by the Department of 
the Interior, $851,945,000, to remain available until expended, of 
which not to exceed $10,000,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That of the funds provided $180,000,000 is for 
hazardous fuels management activities: Provided further, That of the 
funds provided $20,470,000 is for burned area rehabilitation: Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for fuels management and 
resilient landscapes activities, and for training and monitoring 
associated with such fuels management and resilient landscapes 
activities, on Federal land, or on adjacent non-Federal land for 
activities that benefit resources on Federal land: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, That 
notwithstanding requirements of the Competition in Contracting Act, the 
Secretary, for purposes of fuels management and resilient landscapes 
activities, may obtain maximum practicable competition among: (1) local 
private, nonprofit, or cooperative entities; (2) Youth Conservation 
Corps crews, Public Lands Corps (Public Law 109-154), or related 
partnerships with State, local, or nonprofit youth groups; (3) small or 
micro-businesses; or (4) other entities that will hire or train locally 
a significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts: Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: Provided further, That funds 
appropriated under this heading may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in connection with 
wildland fire management activities: Provided further, That the 
Secretary of the Interior may use wildland fire appropriations to enter 
into leases of real property with local governments, at or below fair 
market value, to construct capitalized improvements for fire facilities 
on such leased properties, including but not limited to fire guard 
stations, retardant stations, and other initial attack and fire support 
facilities, and to make advance payments for any such lease or for 
construction activity associated with the lease: Provided further, That 
the Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $50,000,000, between 
the Departments when such transfers would facilitate and expedite 
wildland fire management programs and projects: Provided further, That 
funds provided for wildfire suppression shall be available for support 
of Federal emergency response actions: Provided further, That funds 
appropriated under this heading shall be available for assistance to or 
through the Department of State in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and, with the concurrence of the Secretary of State, shall be available 
to support forestry, wildland fire management, and related natural 
resource activities outside the United States and its territories and 
possessions, including technical assistance, education and training, 
and cooperation with United States and international organizations.

                flame wildfire suppression reserve fund

                     (including transfer of funds)

    For necessary expenses for large fire suppression operations of the 
Department of the Interior and as a reserve fund for suppression and 
Federal emergency response activities, $92,000,000, to remain available 
until expended: Provided, That such amounts are only available for 
transfer to the ``Wildland Fire Management'' account following a 
declaration by the Secretary in accordance with section 502 of the 
FLAME Act of 2009 (43 U.S.C. 1748a).

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), $10,010,000, to remain available until expended.

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment, restoration 
activities, and onshore oil spill preparedness by the Department of the 
Interior necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 
subchapter II of chapter 1007 of title 54, United States Code, 
$7,767,000, to remain available until expended.

                          working capital fund

    For the operation and maintenance of a departmental financial and 
business management system, information technology improvements of 
general benefit to the Department, cybersecurity, and the consolidation 
of facilities and operations throughout the Department, $67,100,000, to 
remain available until expended: Provided, That none of the funds 
appropriated in this Act or any other Act may be used to establish 
reserves in the Working Capital Fund account other than for accrued 
annual leave and depreciation of equipment without prior approval of 
the Committees on Appropriations of the House of Representatives and 
the Senate: Provided further, That the Secretary may assess reasonable 
charges to State, local and tribal government employees for training 
services provided by the National Indian Program Training Center, other 
than training related to Public Law 93-638: Provided further, That the 
Secretary may lease or otherwise provide space and related facilities, 
equipment or professional services of the National Indian Program 
Training Center to State, local and tribal government employees or 
persons or organizations engaged in cultural, educational, or 
recreational activities (as defined in section 3306(a) of title 40, 
United States Code) at the prevailing rate for similar space, 
facilities, equipment, or services in the vicinity of the National 
Indian Program Training Center: Provided further, That all funds 
received pursuant to the two preceding provisos shall be credited to 
this account, shall be available until expended, and shall be used by 
the Secretary for necessary expenses of the National Indian Program 
Training Center: Provided further, That the Secretary may enter into 
grants and cooperative agreements to support the Office of Natural 
Resource Revenue's collection and disbursement of royalties, fees, and 
other mineral revenue proceeds, as authorized by law.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, aircraft which may be obtained by 
donation, purchase or through available excess surplus property: 
Provided, That existing aircraft being replaced may be sold, with 
proceeds derived or trade-in value used to offset the purchase price 
for the replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation, which must 
be requested as promptly as possible.

             emergency transfer authority--department-wide

    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills or 
releases of hazardous substances into the environment; for the 
prevention, suppression, and control of actual or potential grasshopper 
and Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 417(b) of Public Law 
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection 
with their use for wildland fire operations, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, no funds 
shall be made available under this authority until the Secretary 
determines that funds appropriated for ``wildland fire operations'' and 
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within 
30 days: Provided further, That all funds used pursuant to this section 
must be replenished by a supplemental appropriation, which must be 
requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata basis, 
accounts from which emergency funds were transferred.

                        authorized use of funds

    Sec. 103. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by section 
3109 of title 5, United States Code, when authorized by the Secretary, 
in total amount not to exceed $500,000; purchase and replacement of 
motor vehicles, including specially equipped law enforcement vehicles; 
hire, maintenance, and operation of aircraft; hire of passenger motor 
vehicles; purchase of reprints; payment for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when authorized by 
the Secretary, for library membership in societies or associations 
which issue publications to members only or at a price to members lower 
than to subscribers who are not members.

            authorized use of funds, indian trust management

    Sec. 104. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Bureau of Indian Education, and Office of the 
Special Trustee for American Indians and any unobligated balances from 
prior appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust management and 
reform activities. Total funding for historical accounting activities 
shall not exceed amounts specifically designated in this Act for such 
purpose.

           redistribution of funds, bureau of indian affairs

    Sec. 105. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in 
Tribal Priority Allocation funds of more than 10 percent in fiscal year 
2017. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.

                 ellis, governors, and liberty islands

    Sec. 106. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and 
other monetary consideration), or by exchange; and the Secretary is 
authorized to negotiate and enter into leases, subleases, concession 
contracts or other agreements for the use of such facilities on such 
terms and conditions as the Secretary may determine reasonable.

                outer continental shelf inspection fees

    Sec. 107.  (a) In fiscal year 2017, the Secretary shall collect a 
nonrefundable inspection fee, which shall be deposited in the 
``Offshore Safety and Environmental Enforcement'' account, from the 
designated operator for facilities subject to inspection under 43 
U.S.C. 1348(c).
    (b) Annual fees shall be collected for facilities that are above 
the waterline, excluding drilling rigs, and are in place at the start 
of the fiscal year. Fees for fiscal year 2017 shall be:
            (1) $10,500 for facilities with no wells, but with 
        processing equipment or gathering lines;
            (2) $17,000 for facilities with 1 to 10 wells, with any 
        combination of active or inactive wells; and
            (3) $31,500 for facilities with more than 10 wells, with 
        any combination of active or inactive wells.
    (c) Fees for drilling rigs shall be assessed for all inspections 
completed in fiscal year 2017. Fees for fiscal year 2017 shall be:
            (1) $30,500 per inspection for rigs operating in water 
        depths of 500 feet or more; and
            (2) $16,700 per inspection for rigs operating in water 
        depths of less than 500 feet.
    (d) The Secretary shall bill designated operators under subsection 
(b) within 60 days, with payment required within 30 days of billing. 
The Secretary shall bill designated operators under subsection (c) 
within 30 days of the end of the month in which the inspection 
occurred, with payment required within 30 days of billing.

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

    Sec. 108. The Secretary of the Interior, in order to implement a 
reorganization of the Bureau of Ocean Energy Management, Regulation and 
Enforcement, may transfer funds among and between the successor offices 
and bureaus affected by the reorganization only in conformance with the 
reprogramming guidelines described in this Act.

  contracts and agreements for wild horse and burro holding facilities

    Sec. 109. Notwithstanding any other provision of this Act, the 
Secretary of the Interior may enter into multiyear cooperative 
agreements with nonprofit organizations and other appropriate entities, 
and may enter into multiyear contracts in accordance with the 
provisions of section 3903 of title 41, United States Code (except that 
the 5-year term restriction in subsection (a) shall not apply), for the 
long-term care and maintenance of excess wild free roaming horses and 
burros by such organizations or entities on private land. Such 
cooperative agreements and contracts may not exceed 10 years, subject 
to renewal at the discretion of the Secretary.

                       mass marking of salmonids

    Sec. 110. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

                  exhaustion of administrative review

    Sec. 111.  Paragraph (1) of section 122(a) of division E of Public 
Law 112-74 (125 Stat. 1013) is amended by striking ``fiscal years 2012 
through 2018,'' and inserting ``fiscal year 2012 and each fiscal year 
thereafter,''.

                     wild lands funding prohibition

    Sec. 112.  None of the funds made available in this Act or any 
other Act may be used to implement, administer, or enforce Secretarial 
Order No. 3310 issued by the Secretary of the Interior on December 22, 
2010.

              contracts and agreements with indian affairs

    Sec. 113. Notwithstanding any other provision of law, during fiscal 
year 2017, in carrying out work involving cooperation with State, 
local, and tribal governments or any political subdivision thereof, 
Indian Affairs may record obligations against accounts receivable from 
any such entities, except that total obligations at the end of the 
fiscal year shall not exceed total budgetary resources available at the 
end of the fiscal year.

                          greater sage-grouse

    Sec. 114.  (a) None of the funds made available by this or any 
other Act may be used--
            (1) to review the status of or determine whether the 
        greater sage-grouse is an endangered species or a threatened 
        species pursuant to section 4 of the Endangered Species Act of 
        1973 (16 U.S.C. 1533), or to issue a regulation with respect 
        thereto that applies to any State with a State management plan;
            (2) to make, modify, or extend any withdrawal pursuant to 
        section 204 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1714) within any Sagebrush Focal Area published 
        in the Federal Register on September 24, 2015 (80 Fed. Reg. 
        57635 et seq.), in a manner inconsistent with a State 
        management plan; or
            (3) to implement, amend, or otherwise modify any Federal 
        resource management plan applicable to Federal land in a State 
        with a State management plan, in a manner inconsistent with 
        such State management plan.
    (b) For the purposes of this section--
            (1) the term ``Federal resource management plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service for National Forest System lands 
                pursuant to section 6 of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1604);
            (2) the term ``greater sage-grouse'' means the species 
        Centrocercus urophasianus or the Columbia Basin distinct 
        population segment of greater sage-grouse; and
            (3) the term ``State management plan'' means a State-wide 
        plan for the protection and recovery of greater sage-grouse 
        that has been approved by the Governor of such State.

                           water conveyances

    Sec. 115. None of the funds made available by this or any other Act 
may be used by the Secretary of the Interior to review, require 
approval of, or withhold approval for use of a right-of-way granted 
pursuant to the General Railroad Right-of-Way Act of 1875 (43 U.S.C. 
934-939) if authorization of the use would have been considered under 
Department policy to be within the scope of a railroad's authority as 
of the day before the effective date of the Department's Solicitor's 
Opinion M-37025, issued on November 4, 2011.

                         indian education fund

    Sec. 116. Section 801 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458ddd) is amended--
            (1) by striking ``Foundation'' each place it appears and 
        inserting ``Fund'';
            (2) in subsection (a), by striking ``foundation'' and 
        inserting ``fund'';
            (3) in subsection (a), by adding at the end the following: 
        ``The Fund shall be affiliated and may contract for services 
        with a section 501(c)(3) national organization whose mission is 
        to represent Native American students and educators for the 
        improvement of schools and the education of Native children.'';
            (4) In subsection (e)(1), by inserting ``or public'' after 
        ``private'';
            (5) in subsection (e)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) to promote and facilitate public-private partnerships 
        that maximize the involvement of the private sector, including 
        nonprofit organizations and for-profit entities, in providing 
        financial and in-kind support for the improvement or 
        replacement of facilities and infrastructure and for the 
        enhancement of telecommunications and technological capacity in 
        Bureau-funded schools; and
            ``(5) to facilitate interagency agreements between the 
        Department of the Interior and other Federal agencies in 
        furtherance of the purposes of the Fund.'';
            (6) in subsection (f)(2), by striking all that follows 
        after the heading and inserting the following: ``The number of 
        members of the Board, the manner of their selection (including 
        the filling of vacancies), and their terms of office shall be 
        as provided in the constitution and bylaws of the Fund. The 
        Board shall have nine members, including the Secretary and the 
        Assistant Secretary of the Interior for Indian Affairs who 
        shall serve as ex officio nonvoting members and who shall 
        appoint three voting members to staggered terms, and including 
        the President and Executive Director of the 501(c)(3) national 
        organization referenced in subsection (a) who shall serve as ex 
        officio nonvoting members and who shall appoint two voting 
        members to staggered terms.'';
            (7) in subsection (f)(3), by striking ``are'' and all that 
        follows through ``practicable,'' and inserting ``shall, to the 
        extent practicable, be drawn from various disciplines related 
        to the purposes of the Fund, and''; and
            (8) in subsection (m)--
                    (A) in the heading, by inserting ``and Property'' 
                after ``Funds''; and
                    (B) by inserting ``and property'' after the first 
                ``funds'' the first place it appears.

 blue ridge national heritage area and erie canalway national heritage 
                                corridor

    Sec. 117.  (a) Section 140(i)(1) of Title I of P.L. 108-108, as 
amended (54 U.S.C. 320101 note), is further amended by striking 
``$10,000,000'' and inserting ``$12,000,000''; and
    (b) Section 810(a)(1) of Title VIII of Division B of Appendix D of 
P.L. 106-554, as amended (54 U.S.C. 320101 note), is further amended by 
striking ``$10,000,000'' and inserting ``$12,000,000''.

                         fish hatchery programs

    Sec. 118.  (a) In General.--Not later than two years after the date 
of the enactment of this Act, the Secretary of the Interior, in 
consultation with the Director of the California Department of Fish and 
Wildlife, shall develop and implement the expanded use of conservation 
fish hatchery programs to enhance, supplement, and rebuild delta smelt 
(Hypomesus transpacificus) and other species listed as endangered 
species or threatened species under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), under the biological opinion issued under 
that Act by the United States Fish and Wildlife Service, dated December 
15, 2008, on the effects of the coordinated operations of the Central 
Valley Project and the State Water Project in California.
    (b) Program Design.--The conservation fish hatchery programs 
established under subsection (a) and their associated hatchery and 
genetic management plans shall be designed--
            (1) to benefit, enhance, support, and otherwise recover 
        naturally spawning fish species to the point where the measures 
        under the Endangered Species Act of 1973 are no longer 
        necessary for such species;
            (2) to address the recommendations of the California 
        Hatchery Scientific Review Group; and
            (3) to minimize adverse effects to operations of the 
        Central Valley Project and State Water Project (as those terms 
        are used in the Central Valley Project Improvement Act of 2002 
        (title XXXIV of Public Law 102-575)).
    (c) Miscellaneous Requirements.--In implementing this section, the 
Secretary--
            (1) shall give priority to existing and prospective 
        hatchery programs and facilities within the Sacramento-San 
        Joaquin Delta and the riverine tributaries thereto; and
            (2) may enter into cooperative agreements for the operation 
        of conservation hatchery programs with the State of California, 
        tribes, and other non-Governmental entities for the benefit, 
        enhancement, and support of naturally spawning fish species.

                        reissuance of final rules

    Sec. 119.  Before the end of the 60-day period beginning on the 
date of the enactment of this Act, the Secretary of the Interior shall 
reissue the final rule published on December 28, 2011 (76 Fed. Reg. 
81666 et seq.) and the final rule published on September 10, 2012 (77 
Fed. Reg. 55530 et seq.), without regard to any other provision of 
statute or regulation that applies to issuance of such rules. Such 
reissuances (including this section) shall not be subject to judicial 
review.

                             stream buffer

    Sec. 120.  None of the funds made available by this Act may be used 
by the Secretary to (1) further develop, finalize, carry out, or 
implement the proposed rule entitled ``Stream Protection Rule'' signed 
by the Assistant Secretary for Land and Minerals Management of the 
Department of the Interior on July 7, 2015 (80 Fed. Reg. 44436), or (2) 
develop, carry out, or implement any guidance, policy, or directive to 
reinterpret or change the historic interpretation of ``material damage 
to the hydrologic balance outside the permit area'' in section 
510(b)(3) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1260(b)(3)), or 30 C.F.R. 816.57 or 30 C.F.R. 817.57, as 
promulgated on June 30, 1983 by the Office of Surface Mining 
Reclamation and Enforcement of the Department of the Interior (48 Fed. 
Reg. 30312).

                             bottled water

    Sec. 121.  None of the funds made available by this Act may be used 
by the Director of the National Park Service to implement, administer, 
or enforce Policy Memorandum 11-03 or to approve a request by a park 
superintendent to eliminate the sale in national parks of water in 
disposable, recyclable plastic bottles.

                         oil and gas royalties

    Sec. 122.  None of the funds made available by this Act may be used 
to finalize, implement, or enforce the Bureau of Land Management's 
proposed rule regarding Waste Prevention, Production Subject to 
Royalties, and Resource Conservation published February 8, 2016.

      prohibition on use of funds for certain historic designation

    Sec. 123.  (a) In General.--None of the funds made available in 
this Act may be used to take any action to designate a Federal property 
for inclusion on, or to add a Federal property to, the National 
Register of Historic Places, or to operate or maintain a property on 
that registry, if the managing agency of that Federal property objects 
to such designation or inclusion, including actions related to--
    (1) cooperative agreements;
    (2) general administration;
    (3) maintenance of records and agreements; and
    (4) any other functions necessary to designate, add, operate, or 
maintain such Federal property.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to actions related to a managing agency request for expedited removal 
of Federal property from the National Register of Historic Places for 
reasons of national security.

                            drilling margins

    Sec. 124.  None of the funds made available in this Act or any 
other Act for any fiscal year may be used to develop, adopt, implement, 
administer, or enforce any change to the regulations and guidance in 
effect on April 1, 2015, pertaining to drilling margins or static 
downhole mud weight (30 CFR 250.414(c)) including the provisions of the 
rules dated April 17, 2015, and April 29, 2016.

                           tribal recognition

    Sec. 125.  None of the funds made available by this or any other 
Act may be used by the Secretary of the Interior to implement, 
administer, or enforce the final rule entitled ``Federal Acknowledgment 
of American Indian Tribes'' published by the Department of the Interior 
in the Federal Register on July 1, 2015 (80 Fed. Reg. 37862 et seq.).

                              echinoderms

    Sec. 126.  Section 14.92(a)(1) of title 50, Code of Federal 
Regulations, is amended by inserting ``, including echinoderms commonly 
known as sea urchins and sea cucumbers,'' after ``products''.

         limitation on use of funds for air quality regulations

    Sec. 127.  (a) Limitation.--None of the funds made available by 
this Act or any other Act may be used by the Secretary of the Interior 
(referred to in this section as the ``Secretary'') to issue, finalize, 
or implement any final regulations addressing any subject of the 
proposed rule entitled ``Air Quality Control, Reporting, and 
Compliance'', published April 5, 2016 (81 Fed. Reg. 19717), before the 
date on which the Bureau of Ocean Energy Management--
            (1) completes the two air modeling studies entitled 
        ``Arctic Air Quality Impact Assessment Modeling (AK-13-01)'' 
        and ``Air Quality Modeling in the Gulf of Mexico Region (GM-14-
        01)'', and publishes the results of such studies and all 
        supporting data and documentation in a form available to the 
        public;
            (2) concludes, following peer review of such studies, 
        publication of public notice, and 120 days of opportunity for 
        public comment on the studies, that the activities expressly 
        authorized under the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331 et seq.) are significantly affecting the air 
        quality of any State for purposes of compliance with the 
        national ambient air quality standards, pursuant to, as 
        required by section 5(a)(8) of such Act (43 U.S.C. 1334(a)(8)); 
        and
            (3) consults with the affected coastal states (as that term 
        is used in that Act) on the results of such studies and 
        analyses, and any actions that may be taken including any 
        incremental burdens on such coastal states that may result.
    (b) Reproposal of Regulations.--The Secretary shall--
            (1) before issuing any such final regulations--
                    (A) repropose the regulations; and
                    (B) provide a period of at least 180 days for the 
                submission of public comment on such reproposed 
                regulations; and
            (2) delay the effective date of such final regulations for 
        at least 180 days after the date they are published.

                               trust land

    Sec. 128. All land taken into trust by the United States under or 
pursuant to the Act of June 18, 1934 (25 U.S.C. 465) before February 
24, 2009, for the benefit of an Indian tribe that was federally 
recognized on the date that the land was taken into trust is hereby 
reaffirmed as trust land.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980; necessary expenses for personnel and related 
costs and travel expenses; procurement of laboratory equipment and 
supplies; and other operating expenses in support of research and 
development, $720,072,000, to remain available until September 30, 
2018: Provided, That of the funds included under this heading, 
$10,000,000 shall be for Research: National Priorities as specified in 
the report accompanying this Act.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $9,000 for official reception and 
representation expenses, $2,527,470,000, to remain available until 
September 30, 2018: Provided, That of the funds included under this 
heading, $15,000,000 shall be for Environmental Protection: National 
Priorities as specified in the report accompanying this Act: Provided 
further, That of the funds included under this heading, $409,709,000 
shall be for Geographic Programs specified in the report accompanying 
this Act: Provided further, That the Administrator of the Environmental 
Protection Agency is authorized, in carrying out its responsibilities 
under section 2002(b) of the Solid Waste Disposal Act (42 U.S.C. 
6912(b)), to use appropriations made available under this heading to 
evaluate the effectiveness of States using State solid waste management 
plans to ensure the efficient and effective implementation of the final 
regulations on coal combustion residuals that took effect on October 
19, 2015, and codified in parts 257 and 261 of title 40 of the Code of 
Federal Regulations: Provided further, That the Administrator shall 
provide to the Committee on Appropriations and the appropriate 
authorizing Committees a report on the effectiveness of States using 
such plans in implementing the requirements of final coal combustion 
residual regulations in an efficient and effective manner.

            Hazardous Waste Electronic Manifest System Fund

    For necessary expenses to carry out section 3024 of the Solid Waste 
Disposal Act (42 U.S.C. 6939g), including the development, operation, 
maintenance, and upgrading of the hazardous waste electronic manifest 
system established by such section, $3,178,000, to remain available 
until September 30, 2019.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$41,489,000, to remain available until September 30, 2018.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $34,467,000, to remain available until 
expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), including 
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 
$1,115,929,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund on September 30, 2016, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,115,929,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA: Provided, That funds 
appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: Provided further, 
That of the funds appropriated under this heading, $8,778,000 shall be 
paid to the ``Office of Inspector General'' appropriation to remain 
available until September 30, 2018, and $15,496,000 shall be paid to 
the ``Science and Technology'' appropriation to remain available until 
September 30, 2018.

          Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, $94,605,000, to remain available until expended, of which 
$68,016,000 shall be for carrying out leaking underground storage tank 
cleanup activities authorized by section 9003(h) of the Solid Waste 
Disposal Act; $26,589,000 shall be for carrying out the other 
provisions of the Solid Waste Disposal Act specified in section 9508(c) 
of the Internal Revenue Code: Provided, That the Administrator is 
authorized to use appropriations made available under this heading to 
implement section 9013 of the Solid Waste Disposal Act to provide 
financial assistance to federally recognized Indian tribes for the 
development and implementation of programs to manage underground 
storage tanks.

                       Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$18,079,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,370,729,000, to remain available until expended, 
of which--
            (1) $1,000,000,000 shall be for making capitalization 
        grants for the Clean Water State Revolving Funds under title VI 
        of the Federal Water Pollution Control Act; and of which 
        $1,070,500,000 shall be for making capitalization grants for 
        the Drinking Water State Revolving Funds under section 1452 of 
        the Safe Drinking Water Act: Provided, That for fiscal year 
        2017, funds made available under this title to each State for 
        Clean Water State Revolving Fund capitalization grants and for 
        Drinking Water State Revolving Fund capitalization grants may, 
        at the discretion of each State, be used for projects to 
        address green infrastructure, water or energy efficiency 
        improvements, or other environmentally innovative activities: 
        Provided further, That notwithstanding section 603(d)(7) of the 
        Federal Water Pollution Control Act, the limitation on the 
        amounts in a State water pollution control revolving fund that 
        may be used by a State to administer the fund shall not apply 
        to amounts included as principal in loans made by such fund in 
        fiscal year 2017 and prior years where such amounts represent 
        costs of administering the fund to the extent that such amounts 
        are or were deemed reasonable by the Administrator, accounted 
        for separately from other assets in the fund, and used for 
        eligible purposes of the fund, including administration: 
        Provided further, That for fiscal year 2017, notwithstanding 
        the provisions of sections 201(g)(1), (h), and (l) of the 
        Federal Water Pollution Control Act, grants under Title II of 
        the Federal Water Pollution Control Act for American Samoa, 
        Guam, the Commonwealth of the Northern Marianas, the United 
        States Virgin Islands, and the District of Columbia may also be 
        made for the purpose of providing assistance: (1) solely for 
        facility plans, design activities, or plans, specification, and 
        estimates for any proposed project for the construction of 
        treatment works; and (2) for the construction, repair, or 
        replacement of privately owned treatment works serving one or 
        more principal residences or small commercial establishments; 
        Provided further, That for fiscal year 2017, notwithstanding 
        the provisions of 201(g)(1), (h), and (l) and section 518(c) of 
        the Federal Water Pollution Control Act, funds reserved by the 
        Administrator for grants under section 518(c) of the Federal 
        Water Pollution Control Act may also be used to provide 
        assistance: (1) solely for facility plans, design activities, 
        or plans, specifications, and estimates for any proposed 
        project for the construction of treatment works; and (2) for 
        the construction, repair, or replacement of privately owned 
        treatment works serving one or more principal residences or 
        small commercial establishments; Funds reserved under section 
        518(c) of such Act shall be available for grants only to Indian 
        tribes, as defined in section 518(h) of such Act and former 
        Indian reservations in Oklahoma (as defined by the Secretary of 
        the Interior) and Native Villages (as defined in Public Law 92-
        203): Provided further, That for fiscal year 2017, 
        notwithstanding any provision of the Clean Water Act and 
        regulations issued pursuant thereof, up to a total of 
        $2,000,000 of the funds reserved by the Administrator for 
        grants under section 518(c) of the Federal Water Pollution 
        Control Act may also be used for grants for training, technical 
        assistance, and educational programs relating to the operation 
        and management of the treatment works specified in section 
        518(c) of such Act; Funds reserved under section 518(c) of such 
        Act shall be available for grants only to Indian tribes, as 
        defined in section 518(h) of such Act and former Indian 
        reservations in Oklahoma (as determined by the Secretary of the 
        Interior) and Native Villages (as defined in Public Law 92-
        203): Provided further, That for fiscal year 2017, 
        notwithstanding the limitation on amounts in section 518(c) of 
        the Federal Water Pollution Control Act, up to a total of 2 
        percent of the funds appropriated, or $30,000,000, whichever is 
        greater, and notwithstanding the limitation on amounts in 
        section 1452(i) of the Safe Drinking Water Act, up to a total 
        of 2 percent of the funds appropriated, or $20,000,000, 
        whichever is greater, for State Revolving Funds under such Acts 
        may be reserved by the Administrator for grants under section 
        518(c) and section 1452(i) of such Acts: Provided further, That 
        for fiscal year 2017, notwithstanding the amounts specified in 
        section 205(c) of the Federal Water Pollution Control Act, up 
        to 1.5 percent of the aggregate funds appropriated for the 
        Clean Water State Revolving Fund program under the Act less any 
        sums reserved under section 518(c) of the Act, may be reserved 
        by the Administrator for grants made under title II of the 
        Federal Water Pollution Control Act for American Samoa, Guam, 
        the Commonwealth of the Northern Marianas, and United States 
        Virgin Islands: Provided further, That for fiscal year 2017, 
        notwithstanding the limitations on amounts specified in section 
        1452(j) of the Safe Drinking Water Act, up to 1.5 percent of 
        the funds appropriated for the Drinking Water State Revolving 
        Fund programs under the Safe Drinking Water Act may be reserved 
        by the Administrator for grants made under section 1452(j) of 
        the Safe Drinking Water Act: Provided further, That 10 percent 
        of the funds made available under this title to each State for 
        Clean Water State Revolving Fund capitalization grants and 20 
        percent of the funds made available under this title to each 
        State for Drinking Water State Revolving Fund capitalization 
        grants shall be used by the State to provide additional subsidy 
        to eligible recipients in the form of forgiveness of principal, 
        negative interest loans, or grants (or any combination of 
        these), and shall be so used by the State only where such funds 
        are provided as initial financing for an eligible recipient or 
        to buy, refinance, or restructure the debt obligations of 
        eligible recipients where such debt was incurred on or after 
        the date of enactment of this Act, or where such debt was 
        incurred prior to the date of enactment of this Act if the 
        State, with concurrence from the Administrator, determines that 
        such funds could be used to help address a threat to public 
        health from heightened exposure to lead in drinking water;
            (2) $5,000,000 shall be for architectural, engineering, 
        planning, design, construction and related activities in 
        connection with the construction of high priority water and 
        wastewater facilities in the area of the United States-Mexico 
        Border, after consultation with the appropriate border 
        commission; Provided, That no funds provided by this 
        appropriations Act to address the water, wastewater and other 
        critical infrastructure needs of the colonias in the United 
        States along the United States-Mexico border shall be made 
        available to a county or municipal government unless that 
        government has established an enforceable local ordinance, or 
        other zoning rule, which prevents in that jurisdiction the 
        development or construction of any additional colonia areas, or 
        the development within an existing colonia the construction of 
        any new home, business, or other structure which lacks water, 
        wastewater, or other necessary infrastructure;
            (3) $17,000,000 shall be for grants to the State of Alaska 
        to address drinking water and wastewater infrastructure needs 
        of rural and Alaska Native Villages: Provided, That of these 
        funds: (A) the State of Alaska shall provide a match of 25 
        percent; (B) no more than 5 percent of the funds may be used 
        for administrative and overhead expenses; and (C) the State of 
        Alaska shall make awards consistent with the Statewide priority 
        list established in conjunction with the Agency and the U.S. 
        Department of Agriculture for all water, sewer, waste disposal, 
        and similar projects carried out by the State of Alaska that 
        are funded under section 221 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1921 et seq.) which shall allocate 
        not less than 25 percent of the funds provided for projects in 
        regional hub communities;
            (4) $80,000,000 shall be to carry out section 104(k) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (CERCLA), including grants, interagency 
        agreements, and associated program support costs: Provided, 
        That not more than 25 percent of the amount appropriated to 
        carry out section 104(k) of CERCLA shall be used for site 
        characterization, assessment, and remediation of facilities 
        described in section 101(39)(D)(ii)(II) of CERCLA: Provided 
        further, That at least 10 percent shall be allocated for 
        assistance in persistent poverty counties: Provided further, 
        That for purposes of this section, the term ``persistent 
        poverty counties'' means any county that has had 20 percent or 
        more of its population living in poverty over the past 30 
        years, as measured by the 1990 and 2000 decennial censuses and 
        the most recent Small Area Income and Poverty Estimates;
            (5) $100,000,000 shall be for grants under title VII, 
        subtitle G of the Energy Policy Act of 2005;
            (6) $40,000,000 shall be for targeted airshed grants in 
        accordance with the terms and conditions of the report 
        accompanying this Act; and
            (7) $1,058,229,000 shall be for grants, including 
        associated program support costs, to States, federally 
        recognized tribes, interstate agencies, tribal consortia, and 
        air pollution control agencies for multi-media or single media 
        pollution prevention, control and abatement and related 
        activities, including activities pursuant to the provisions set 
        forth under this heading in Public Law 104-134, and for making 
        grants under section 103 of the Clean Air Act for particulate 
        matter monitoring and data collection activities subject to 
        terms and conditions specified by the Administrator, of which: 
        $47,745,000 shall be for carrying out section 128 of CERCLA; 
        $9,646,000 shall be for Environmental Information Exchange 
        Network grants, including associated program support costs; 
        $1,498,000 shall be for grants to States under section 
        2007(f)(2) of the Solid Waste Disposal Act, which shall be in 
        addition to funds appropriated under the heading ``Leaking 
        Underground Storage Tank Trust Fund Program'' to carry out the 
        provisions of the Solid Waste Disposal Act specified in section 
        9508(c) of the Internal Revenue Code other than section 9003(h) 
        of the Solid Waste Disposal Act; $17,848,000 of the funds 
        available for grants under section 106 of the Federal Water 
        Pollution Control Act shall be for State participation in 
        national- and State-level statistical surveys of water 
        resources and enhancements to State monitoring programs.

      Water Infrastructure Finance and Innovation Program Account

    For the cost of direct loans and for the cost of guaranteed loans, 
as authorized by the Water Infrastructure Finance and Innovation Act of 
2014, $45,000,000, to remain available until expended: Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize gross 
obligations for the principal amount of direct loans, including 
capitalized interest, and total loan principal, including capitalized 
interest, any part of which is to be guaranteed, not to exceed 
$5,487,000,000.
    In addition, fees authorized to be collected pursuant to sections 
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 
2014 shall be deposited in this account to remain available until 
expended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, notwithstanding section 5033 of the Water 
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to 
remain available until September 30, 2018.

       Administrative Provisions--Environmental Protection Agency

                     (including transfers of funds)

    For fiscal year 2017, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally recognized Indian tribes or Intertribal consortia, if 
authorized by their member tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide 
Registration Improvement Extension Act of 2012.
    Notwithstanding section 33(d)(2) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the 
Administrator of the Environmental Protection Agency may assess fees 
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2017.
    The Administrator is authorized to transfer up to $300,000,000 of 
the funds appropriated for the Great Lakes Restoration Initiative under 
the heading ``Environmental Programs and Management'' to the head of 
any Federal department or agency, with the concurrence of such head, to 
carry out activities that would support the Great Lakes Restoration 
Initiative and Great Lakes Water Quality Agreement programs, projects, 
or activities; to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these activities; and to 
make grants to governmental entities, nonprofit organizations, 
institutions, and individuals for planning, research, monitoring, 
outreach, and implementation in furtherance of the Great Lakes 
Restoration Initiative and the Great Lakes Water Quality Agreement.
    The Science and Technology, Environmental Programs and Management, 
Office of Inspector General, Hazardous Substance Superfund, and Leaking 
Underground Storage Tank Trust Fund Program Accounts, are available for 
the construction, alteration, repair, rehabilitation, and renovation of 
facilities provided that the cost does not exceed $150,000 per project.
    The Administrator of the Environmental Protection Agency shall base 
agency policies and actions regarding air emissions from forest biomass 
including, but not limited to, air emissions from facilities that 
combust forest biomass for energy, on the principle that forest biomass 
emissions do not increase overall carbon dioxide accumulations in the 
atmosphere when USDA Forest Inventory and Analysis data show that 
forest carbon stocks in the U.S. are stable or increasing on a national 
scale, or when forest biomass is derived from mill residuals, harvest 
residuals or forest management activities. Such policies and actions 
shall not pre-empt existing authorities of States to determine how to 
utilize biomass as a renewable energy source and shall not inhibit 
States' authority to apply the same policies to forest biomass as other 
renewable fuels in implementing Federal law.
    The Administrator of the Environmental Protection Agency shall 
apply the criteria and procedures in effect as of the date of enactment 
of this Act for aquifer exemptions under the underground injection 
control regulatory framework, in a collaborative manner with the States 
and regulated industries, to promptly review and make decisions on all 
aquifer exemption applications using the criteria for exempted aquifers 
set forth in section 146.4 of title 40, Code of Federal Regulations (as 
in effect on April 1, 2016). The Administrator shall not use 
substantial program revisions for purposes of reviewing and making 
decisions on aquifer exemption applications involving underground 
injection authorized by permit, provided the injection is occurring 
into aquifers that meet the criteria for an exemption under such 
section 146.4 and the recommendations of key State resource agencies 
are taken in account.
    For fiscal year 2017, and notwithstanding section 518(f) of the 
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the 
Administrator is authorized to use the amounts appropriated for any 
fiscal year under section 319 of the Act to make grants to federally 
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that 
Act.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $291,982,000, to remain available through September 
30, 2019: Provided, That of the funds provided, $77,000,000 is for the 
forest inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $244,038,000, to remain 
available through September 30, 2018, as authorized by law, of which 
$55,000,000 is to be derived from the Land and Water Conservation Fund 
to be used for the Forest Legacy Program, to remain available until 
expended.

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,531,443,000, to remain available 
through September 30, 2018: Provided, That of the funds provided, 
$40,000,000 shall be deposited in the Collaborative Forest Landscape 
Restoration Fund for ecological restoration treatments as authorized by 
16 U.S.C. 7303(f): Provided further, That of the funds provided, 
$384,805,000 shall be for forest products: Provided further, That of 
the funds provided, up to $159,941,000 is for the Integrated Resource 
Restoration pilot program for Region 1, Region 2, Region 3, Region 4, 
and Region 5: Provided further, That of the funds provided for forest 
products, up to $161,560,000 may be transferred to support the 
Integrated Resource Restoration pilot program in the preceding proviso: 
Provided further, That the Secretary of Agriculture may transfer to the 
Secretary of the Interior any unobligated funds appropriated in a 
previous fiscal year for operation of the Valles Caldera National 
Preserve.

                  capital improvement and maintenance

                     (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $364,164,000, to remain available through September 30, 
2018, for construction, capital improvement, maintenance and 
acquisition of buildings and other facilities and infrastructure; and 
for construction, reconstruction, decommissioning of roads that are no 
longer needed, including unauthorized roads that are not part of the 
transportation system, and maintenance of forest roads and trails by 
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 
and 205: Provided, That $40,000,000 shall be designated for urgently 
needed road decommissioning, road and trail repair and maintenance and 
associated activities, and removal of fish passage barriers, especially 
in areas where Forest Service roads may be contributing to water 
quality problems in streams and water bodies which support threatened, 
endangered, or sensitive species or community water sources: Provided 
further, That funds becoming available in fiscal year 2017 under the 
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the 
General Fund of the Treasury and shall not be available for transfer or 
obligation for any other purpose unless the funds are appropriated: 
Provided further, That of the funds provided for decommissioning of 
roads, up to $24,543,000 may be transferred to the ``National Forest 
System'' to support the Integrated Resource Restoration pilot program.

                            land acquisition

    For expenses necessary to carry out the provisions of chapter 2003 
of title 54, United States Code, including administrative expenses, and 
for acquisition of land or waters, or interest therein, in accordance 
with statutory authority applicable to the Forest Service, $27,280,000, 
to be derived from the Land and Water Conservation Fund and to remain 
available until expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $950,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 
(16 U.S.C. 484a), to remain available through September 30, 2018, (16 
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; 
and Public Law 78-310).

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, to remain available through September 30, 2018, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, 
protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain 
available through September 30, 2018, to be derived from the fund 
established pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$2,500,000, to remain available through September 30, 2018.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels management on or adjacent to such lands, emergency 
rehabilitation of burned-over National Forest System lands and water, 
and for State and volunteer fire assistance, $2,593,763,000, to remain 
available through September 30, 2019: Provided, That such funds 
including unobligated balances under this heading, are available for 
repayment of advances from other appropriations accounts previously 
transferred for such purposes: Provided further, That such funds shall 
be available to reimburse State and other cooperating entities for 
services provided in response to wildfire and other emergencies or 
disasters to the extent such reimbursements by the Forest Service for 
non-fire emergencies are fully repaid by the responsible emergency 
management agency: Provided further, That notwithstanding any other 
provision of law, $6,914,000 of funds appropriated under this 
appropriation shall be available for the Forest Service in support of 
fire science research authorized by the Joint Fire Science Program, 
including all Forest Service authorities for the use of funds, such as 
contracts, grants, research joint venture agreements, and cooperative 
agreements: Provided further, That all authorities for the use of 
funds, including the use of contracts, grants, and cooperative 
agreements, available to execute the Forest and Rangeland Research 
appropriation, are also available in the utilization of these funds for 
Fire Science Research: Provided further, That funds provided shall be 
available for emergency rehabilitation and restoration, hazardous fuels 
management activities, support to Federal emergency response, and 
wildfire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $395,000,000 is for hazardous 
fuels management activities, $19,795,000 is for research activities and 
to make competitive research grants pursuant to the Forest and 
Rangeland Renewable Resources Research Act, (16 U.S.C. 1641 et seq.), 
$78,000,000 is for State fire assistance, and $13,000,000 is for 
volunteer fire assistance under section 10 of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2106): Provided further, That amounts 
in this paragraph may be transferred to the ``National Forest System'', 
and ``Forest and Rangeland Research'' accounts to fund forest and 
rangeland research, the Joint Fire Science Program, vegetation and 
watershed management, heritage site rehabilitation, and wildlife and 
fish habitat management and restoration: Provided further, That of the 
funds provided, $65,000,000 shall be available for the purpose of 
acquiring aircraft for the next-generation airtanker fleet to enhance 
firefighting mobility, effectiveness, efficiency, and safety, and such 
aircraft shall be suitable for contractor operation over the terrain 
and forest ecosystems characteristic of National Forest System lands, 
as determined by the Chief of the Forest Service: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, That the 
funds provided herein may be used by the Secretary of Agriculture to 
enter into procurement contracts or cooperative agreements or to issue 
grants for hazardous fuels management activities and for training or 
monitoring associated with such hazardous fuels management activities 
on Federal land or on non-Federal land if the Secretary determines such 
activities benefit resources on Federal land: Provided further, That 
funds made available to implement the Community Forest Restoration Act, 
Public Law 106-393, title VI, shall be available for use on non-Federal 
lands in accordance with authorities made available to the Forest 
Service under the ``State and Private Forestry'' appropriation: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$50,000,000, between the Departments when such transfers would 
facilitate and expedite wildland fire management programs and projects: 
Provided further, That of the funds provided for hazardous fuels 
management, not to exceed $5,000,000 may be used to make grants, using 
any authorities available to the Forest Service under the ``State and 
Private Forestry'' appropriation, for the purpose of creating 
incentives for increased use of biomass from National Forest System 
lands: Provided further, That funds designated for wildfire 
suppression, including funds transferred from the ``FLAME Wildfire 
Suppression Reserve Fund'', shall be assessed for cost pools on the 
same basis as such assessments are calculated against other agency 
programs: Provided further, That of the funds for hazardous fuels 
management, up to $46,653,000 may be transferred to the ``National 
Forest System'' to support the Integrated Resource Restoration pilot 
program.

                flame wildfire suppression reserve fund

                     (including transfers of funds)

    For necessary expenses for large fire suppression operations of the 
Department of Agriculture and as a reserve fund for suppression and 
Federal emergency response activities, $315,000,000, to remain 
available until expended: Provided, That such amounts are only 
available for transfer to the ``Wildland Fire Management'' account 
following a declaration by the Secretary in accordance with section 502 
of the FLAME Act of 2009 (43 U.S.C. 1748a).

               administrative provisions--forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft to maintain the operable fleet for use in 
Forest Service wildland fire programs and other Forest Service 
programs; notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft; (2) 
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon the Secretary's notification of the House and 
Senate Committees on Appropriations that all fire suppression funds 
appropriated under the headings ``Wildland Fire Management'' and 
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30 
days: Provided, That all funds used pursuant to this paragraph must be 
replenished by a supplemental appropriation which must be requested as 
promptly as possible.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with U.S., private, 
and international organizations. The Forest Service, acting for the 
International Program, may sign direct funding agreements with foreign 
governments and institutions as well as other domestic agencies 
(including the U.S. Agency for International Development, the 
Department of State, and the Millennium Challenge Corporation), U.S. 
private sector firms, institutions and organizations to provide 
technical assistance and training programs overseas on forestry and 
rangeland management.
    Funds appropriated to the Forest Service shall be available for 
expenditure or transfer to the Department of the Interior, Bureau of 
Land Management, for removal, preparation, and adoption of excess wild 
horses and burros from National Forest System lands, and for the 
performance of cadastral surveys to designate the boundaries of such 
lands.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 
(7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in this Act.
    Not more than $82,000,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $14,500,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center and the Department of Agriculture's 
International Technology Service.
    Of the funds available to the Forest Service, up to $5,000,000 
shall be available for priority projects within the scope of the 
approved budget, which shall be carried out by the Youth Conservation 
Corps and shall be carried out under the authority of the Public Lands 
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps 
Healthy Forests Restoration Act of 2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, up to $3,000,000 may be 
advanced in a lump sum to the National Forest Foundation to aid 
conservation partnership projects in support of the Forest Service 
mission, without regard to when the Foundation incurs expenses, for 
projects on or benefitting National Forest System lands or related to 
Forest Service programs: Provided, That of the Federal funds made 
available to the Foundation, no more than $300,000 shall be available 
for administrative expenses: Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a Federal or a non-Federal recipient for 
a project at the same rate that the recipient has obtained the non-
Federal matching funds.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 
of the funds available to the Forest Service may be advanced to the 
National Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $65,000,000, 
shall be assessed for the purpose of performing fire, administrative 
and other facilities maintenance and decommissioning. Such assessments 
shall occur using a square foot rate charged on the same basis the 
agency uses to assess programs for payment of rent, utilities, and 
other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar nonlitigation-related matters. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    An eligible individual who is employed in any project funded under 
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Notwithstanding any other provision of this Act, through the Office 
of Budget and Program Analysis, the Forest Service shall report no 
later than 30 business days following the close of each fiscal quarter 
all current and prior year unobligated balances, by fiscal year, budget 
line item and account, to the House and Senate Committees on 
Appropriations.
    Funds appropriated to the Forest Service shall be available to 
categorically exclude from documentation in an environmental assessment 
or an environmental impact statement under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) a forest management 
activity on National Forest System lands when the primary purpose of 
the forest management activity is: (1) to address an insect or disease 
infestation; (2) to reduce hazardous fuel loads; (3) to protect a 
municipal water source; (4) to maintain, enhance, or modify critical 
habitat to protect it from catastrophic disturbances; (5) to increase 
water yield; or (6) any combination of these purposes: Provided, That 
the land on which the forest management activity is carried out may not 
exceed 3,000 acres.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination and Education Assistance Act, 
the Indian Health Care Improvement Act, and titles II and III of the 
Public Health Service Act with respect to the Indian Health Service, 
$3,720,690,000, together with payments received during the fiscal year 
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the 
Indian Health Service: Provided, That funds made available to tribes 
and tribal organizations through contracts, grant agreements, or any 
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450), 
shall be deemed to be obligated at the time of the grant or contract 
award and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation: Provided further, That 
$960,831,000 for Purchased/Referred Care, including $53,000,000 for the 
Indian Catastrophic Health Emergency Fund, shall remain available until 
expended: Provided further, That of the funds provided, up to 
$37,000,000 shall remain available until expended for implementation of 
the loan repayment program under section 108 of the Indian Health Care 
Improvement Act: Provided further, That of the funds provided, 
$2,000,000 shall be used to supplement funds available for operational 
costs at tribal clinics operated under an Indian Self-Determination and 
Education Assistance Act compact or contract where health care is 
delivered in space acquired through a full service lease, which is not 
eligible for maintenance and improvement and equipment funds from the 
Indian Health Service, and $6,000,000 shall be for accreditation 
emergencies: Provided further, That the amounts collected by the 
Federal Government as authorized by sections 104 and 108 of the Indian 
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the 
preceding fiscal year for breach of contracts shall be deposited to the 
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and 
shall remain available until expended and, notwithstanding section 
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to 
make new awards under the loan repayment and scholarship programs under 
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided 
further, That the amounts made available within this account for the 
Substance Abuse and Suicide Prevention Program, for the Domestic 
Violence Prevention Program, for the Zero Suicide Initiative, for 
aftercare pilots at Youth Regional Treatment Centers, to improve 
collections from public and private insurance at Indian Health Service 
and tribally operated facilities, and for accreditation emergencies 
shall be allocated at the discretion of the Director of the Indian 
Health Service and shall remain available until expended: Provided 
further, That funds provided in this Act may be used for annual 
contracts and grants that fall within 2 fiscal years, provided the 
total obligation is recorded in the year the funds are appropriated: 
Provided further, That the amounts collected by the Secretary of Health 
and Human Services under the authority of title IV of the Indian Health 
Care Improvement Act shall remain available until expended for the 
purpose of achieving compliance with the applicable conditions and 
requirements of titles XVIII and XIX of the Social Security Act, except 
for those related to the planning, design, or construction of new 
facilities: Provided further, That funding contained herein for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Provided further, 
That amounts received by tribes and tribal organizations under title IV 
of the Indian Health Care Improvement Act shall be reported and 
accounted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That the Bureau of 
Indian Affairs may collect from the Indian Health Service, tribes and 
tribal organizations operating health facilities pursuant to Public Law 
93-638, such individually identifiable health information relating to 
disabled children as may be necessary for the purpose of carrying out 
its functions under the Individuals with Disabilities Education Act (20 
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care 
Improvement Fund may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account.

                         contract support costs

    For payments to tribes and tribal organizations for contract 
support costs associated with Indian Self-Determination and Education 
Assistance Act agreements with the Indian Health Service for fiscal 
year 2017, such sums as may be necessary: Provided, That 
notwithstanding any other provision of law, no amounts made available 
under this heading shall be available for transfer to another budget 
account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $557,946,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction, renovation or expansion of health facilities for the 
benefit of an Indian tribe or tribes may be used to purchase land on 
which such facilities will be located: Provided further, That not to 
exceed $500,000 may be used by the Indian Health Service to purchase 
TRANSAM equipment from the Department of Defense for distribution to 
the Indian Health Service and tribal facilities: Provided further, That 
none of the funds appropriated to the Indian Health Service may be used 
for sanitation facilities construction for new homes funded with grants 
by the housing programs of the United States Department of Housing and 
Urban Development: Provided further, That not to exceed $2,700,000 from 
this account and the ``Indian Health Services'' account may be used by 
the Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between the Indian Health Service and the General 
Services Administration: Provided further, That not to exceed $500,000 
may be placed in a Demolition Fund, to remain available until expended, 
and be used by the Indian Health Service for the demolition of Federal 
buildings.

            administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings that relate to the functions or activities of the Indian 
Health Service: Provided, That in accordance with the provisions of the 
Indian Health Care Improvement Act, non-Indian patients may be extended 
health care at all tribally administered or Indian Health Service 
facilities, subject to charges, and the proceeds along with funds 
recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-
2653) shall be credited to the account of the facility providing the 
service and shall be available without fiscal year limitation: Provided 
further, That notwithstanding any other law or regulation, funds 
transferred from the Department of Housing and Urban Development to the 
Indian Health Service shall be administered under Public Law 86-121, 
the Indian Sanitation Facilities Act and Public Law 93-638: Provided 
further, That funds appropriated to the Indian Health Service in this 
Act, except those used for administrative and program direction 
purposes, shall not be subject to limitations directed at curtailing 
Federal travel and transportation: Provided further, That none of the 
funds made available to the Indian Health Service in this Act shall be 
used for any assessments or charges by the Department of Health and 
Human Services unless identified in the budget justification and 
provided in this Act, or approved by the House and Senate Committees on 
Appropriations through the reprogramming process: Provided further, 
That notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation: Provided further, That 
none of the funds made available to the Indian Health Service in this 
Act shall be used to implement the final rule published in the Federal 
Register on September 16, 1987, by the Department of Health and Human 
Services, relating to the eligibility for the health care services of 
the Indian Health Service until the Indian Health Service has submitted 
a budget request reflecting the increased costs associated with the 
proposed final rule, and such request has been included in an 
appropriations Act and enacted into law: Provided further, That with 
respect to functions transferred by the Indian Health Service to tribes 
or tribal organizations, the Indian Health Service is authorized to 
provide goods and services to those entities on a reimbursable basis, 
including payments in advance with subsequent adjustment, and the 
reimbursements received therefrom, along with the funds received from 
those entities pursuant to the Indian Self-Determination Act, may be 
credited to the same or subsequent appropriation account from which the 
funds were originally derived, with such amounts to remain available 
until expended: Provided further, That reimbursements for training, 
technical assistance, or services provided by the Indian Health Service 
will contain total costs, including direct, administrative, and 
overhead associated with the provision of goods, services, or technical 
assistance: Provided further, That the appropriation structure for the 
Indian Health Service may not be altered without advance notification 
to the House and Senate Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA) and section 
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to 
$1,000 per eligible employee of the Agency for Toxic Substances and 
Disease Registry shall remain available until expended for Individual 
Learning Accounts: Provided, That notwithstanding any other provision 
of law, in lieu of performing a health assessment under section 
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other 
appropriate health studies, evaluations, or activities, including, 
without limitation, biomedical testing, clinical evaluations, medical 
monitoring, and referral to accredited healthcare providers: Provided 
further, That in performing any such health assessment or health study, 
evaluation, or activity, the Administrator of ATSDR shall not be bound 
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, 
That none of the funds appropriated under this heading shall be 
available for ATSDR to issue in excess of 40 toxicological profiles 
pursuant to section 104(i) of CERCLA during fiscal year 2017, and 
existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $3,000,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, including hire of passenger 
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates 
for individuals not to exceed the per diem equivalent to the maximum 
rate payable for senior level positions under 5 U.S.C. 5376, 
$11,000,000: Provided, That the Chemical Safety and Hazard 
Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions: Provided further, That 
notwithstanding any other provision of law, the individual appointed to 
the position of Inspector General of the Environmental Protection 
Agency (EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided further, That 
notwithstanding any other provision of law, the Inspector General of 
the Board shall utilize personnel of the Office of Inspector General of 
EPA in performing the duties of the Inspector General of the Board, and 
shall not appoint any individuals to positions within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $15,431,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10: 
Provided further, That $200,000 shall be transferred to the Office of 
Inspector General of the Department of the Interior, to remain 
available until expended, for audits and investigations of the Office 
of Navajo and Hopi Indian Relocation, consistent with the Inspector 
General Act of 1978 (5 U.S.C. App.).

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498 (20 U.S.C. 56 part A), $11,619,000, to remain available until 
September 30, 2018.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease agreements of no 
more than 30 years, and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $712,487,000, to remain available until September 30, 2018, 
except as otherwise provided herein; of which not to exceed $50,467,000 
for the instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; and including such funds as may be necessary 
to support American overseas research centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $150,860,000, to remain available until expended, of which 
not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 
3109.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $130,801,000, to remain available until September 30, 2018, of 
which not to exceed $3,620,000 for the special exhibition program shall 
remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, for operating lease 
agreements of no more than 10 years, with no extensions or renewals 
beyond the 10 years, that address space needs created by the ongoing 
renovations in the Master Facilities Plan, as authorized, $22,564,000, 
to remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $22,260,000.

                     capital repair and restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $14,140,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$10,500,000, to remain available until September 30, 2018.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $149,849,000 shall be available to 
the National Endowment for the Arts for the support of projects and 
productions in the arts, including arts education and public outreach 
activities, through assistance to organizations and individuals 
pursuant to section 5 of the Act, for program support, and for 
administering the functions of the Act, to remain available until 
expended.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $149,848,000, to remain available 
until expended, of which $139,148,000 shall be available for support of 
activities in the humanities, pursuant to section 7(c) of the Act and 
for administering the functions of the Act; and $10,700,000 shall be 
available to carry out the matching grants program pursuant to section 
10(a)(2) of the Act, including $8,500,000 for the purposes of section 
7(h): Provided, That appropriations for carrying out section 10(a)(2) 
shall be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, devises of money, and other 
property accepted by the chairman or by grantees of the National 
Endowment for the Humanities under the provisions of sections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.

                       Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants of up to 
$10,000, if in the aggregate the amount of such grants does not exceed 
5 percent of the sums appropriated for grantmaking purposes per year: 
Provided further, That such small grant actions are taken pursuant to 
the terms of an expressed and direct delegation of authority from the 
National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses of the Commission of Fine Arts under chapter 91 of 
title 40, United States Code, $2,762,000: Provided, That the Commission 
is authorized to charge fees to cover the full costs of its 
publications, and such fees shall be credited to this account as an 
offsetting collection, to remain available until expended without 
further appropriation: Provided further, That the Commission is 
authorized to accept gifts, including objects, papers, artwork, 
drawings and artifacts, that pertain to the history and design of the 
Nation's Capital or the history and activities of the Commission of 
Fine Arts, for the purpose of artistic display, study or education: 
Provided further, That one-tenth of one percent of the funds provided 
under this heading may be used for official reception and 
representation expenses.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), $2,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665), $6,480,000.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses of the National Capital Planning Commission 
under chapter 87 of title 40, United States Code, including services as 
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with 
hosting international visitors engaged in the planning and physical 
development of world capitals.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $57,000,000, of which 
$1,215,000 shall remain available until September 30, 2019, for the 
Museum's equipment replacement program; and of which $2,500,000 for the 
Museum's repair and rehabilitation program and $1,264,000 for the 
Museum's outreach initiatives program shall remain available until 
expended.

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                      restriction on use of funds

    Sec. 401.  No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

                      obligation of appropriations

    Sec. 402. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

 reprogramming procedures, disclosure of administrative expenses, and 
                            operating plans

    Sec. 403. (a) DEFINITIONS.--For the purposes of this section:
            (1) ``Reprogramming'' includes:
                    (A) The reallocation of funds from one program, 
                project, or activity, to another within any 
                appropriation funded in this Act.
                    (B) For construction, land acquisition, and forest 
                legacy accounts, the reallocation of funds, including 
                unobligated balances, from one construction, land 
                acquisition, or forest legacy project to another such 
                project.
                    (C) An operating plan or any later modification 
                thereof submitted under subsection (i) of this section.
                    (D) Proposed reorganizations even without a change 
                in funding, including any change to the organization 
                table presented in the budget justification.
            (2) ``Program'', ``project'', and ``activity'' constitute 
        the delineation below the appropriation account level of any 
        agency funded by this Act, as shown in any table of the report 
        accompanying this Act.
            (3) ``Funds'' includes funds provided in this Act or 
        previous appropriations Acts that are available for obligation 
        in the current fiscal year and any amounts available for 
        obligation in the current fiscal year derived from collections, 
        fees or charges.
            (4) ``Assessment'' is any overhead charge, deduction, 
        reserve or holdback, including working capital fund and cost 
        pool charges, from any program, project, and activity to 
        support government-wide, departmental, agency, or bureau 
        administrative functions or headquarters, regional, or central 
        operations or to provide for contingencies.
    (b) GENERAL GUIDELINES FOR REPROGRAMMING.--
    (1) A reprogramming should be made only when an unforeseen 
situation arises, and then only if postponement of the project or the 
activity until the next appropriation year would result in actual loss 
or damage.
    (2) Any project or activity, which may be deferred through 
reprogramming, shall not later be accomplished by means of further 
reprogramming, but instead, funds should again be sought for the 
deferred project or activity through the regular appropriations 
process.
    (3) Except under the most urgent situations, reprogramming should 
not be employed to initiate new programs or increase allocations 
specifically denied or limited by the Congress, or to decrease 
allocations specifically increased by the Congress.
    (4) New programs requested in the budget should not be initiated 
before enactment of the bill without notification to, and the approval 
of, the Committees on Appropriations of the House of Representatives 
and the Senate (hereinafter ``the Committees''). This restriction 
applies to all such actions regardless of whether a formal 
reprogramming of funds is required to begin the program.
    (c) CRITERIA.--
    (1) A reprogramming shall be submitted to the Committees in writing 
30 days prior to implementation if--
            (A) it exceeds $1,000,000 individually or cumulatively or 
        results in a cumulative increase or decrease of more than 10 
        percent of funds annually in any affected program, project, or 
        activity;
            (B) it is a reorganization; or
            (C) it is an operating plan or any later modification 
        thereof as submitted under subsection (i) of this section: 
        Provided, That such plan or modification thereof also meets any 
        of the other criteria under subsection (c)(1) of this section.
    (2) No funds shall be available for obligation or expenditure 
through a reprogramming until 30 days after the receipt by the 
Committees of a notice of proposed reprogramming.
    (3) A reprogramming shall be considered approved 30 days after 
receipt if the Committees have posed no objection. However, agencies 
will be expected to extend the approval deadline if specifically 
requested by either Committee.
    (d) EXCEPTIONS.--
    (1) With regard to the tribal priority allocations of the Bureau of 
Indian Affairs, there is no restriction on reprogrammings among these 
programs. However, the Bureau shall report on all reprogrammings made 
during a given fiscal year no later than 60 days after the end of the 
fiscal year.
    (2) With regard to the Environmental Protection Agency, State and 
Tribal Assistance Grants account, the Committees do not require 
reprogramming requests associated with States and Tribes Partnership 
Grants.
    (e) ASSESSMENTS.--
    (1) No assessment shall be levied or collected unless such 
assessment and the basis therefor are presented to the Committees in 
the budget justifications and are subsequently approved by the 
Committees. The explanation for any assessment in the budget 
justification shall show the amount of the assessment, the activities 
assessed, and the purpose of the funds.
    (2) Proposed changes to estimated assessments, as such estimates 
were presented in annual budget justifications, shall be submitted 
through the reprogramming process set out in this section and shall be 
subject to the same dollar and reporting criteria as any other 
reprogramming.
    (3) Each department, agency or bureau that utilizes assessments 
shall submit an annual report to the Committees which provides details 
on the use of all funds assessed from any other program, project, or 
activity.
    (4) In no case shall contingency funds or assessments be used to 
finance agency actions disapproved or limited by the Congress.
    (f) LAND ACQUISITIONS, EASEMENTS, AND FOREST LEGACY.--Lands shall 
not be acquired for more than the approved appraised value (as 
addressed in section 301(3) of Public Law 91-646), unless such 
acquisitions are submitted to the Committees for approval in compliance 
with these procedures.
    (g) LAND EXCHANGES.--Land exchanges, wherein the estimated value of 
the Federal lands to be exchanged is greater than $1,000,000, shall not 
be consummated until the Committees have had a 30-day period in which 
to examine the proposed exchange. In addition, the Committees shall be 
provided advance notification of exchanges valued between $500,000 and 
$1,000,000.
    (h) BUDGET STRUCTURE.--The program, project, and activity structure 
for any agency appropriation account shall not be altered without 
advance approval of the Committees.
    (i) OPERATING PLANS.--Not later than 60 days after the date of 
enactment of this Act, each department or agency funded by this Act 
shall submit an operating plan to the Committees to establish the 
baseline for application of reprogramming for the current fiscal year. 
The operating plan shall include--
    (1) a table for each appropriation with a separate column to 
display the President's budget request, adjustments made by the 
Congress, enacted rescissions, if appropriate, and the fiscal year 
enacted level;
    (2) a delineation in the table for each appropriation by program, 
project, and activity for the respective appropriation; and
    (3) an identification of items of special congressional interest.

                          mining applications

    Sec. 404.  (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--Subsection (a) shall not apply if the Secretary of 
the Interior determines that, for the claim concerned (1) a patent 
application was filed with the Secretary on or before September 30, 
1994; and (2) all requirements established under sections 2325 and 2326 
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, 
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 
35, 36, and 37) for placer claims, and section 2337 of the Revised 
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date.
    (c) Report.--On September 30, 2018, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House and the Committee on 
Energy and Natural Resources of the Senate a report on actions taken by 
the Department under the plan submitted pursuant to section 314(c) of 
the Department of the Interior and Related Agencies Appropriations Act, 
1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Director 
of the Bureau of Land Management to conduct a mineral examination of 
the mining claims or mill sites contained in a patent application as 
set forth in subsection (b). The Bureau of Land Management shall have 
the sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.

             contract support costs, prior year limitation

    Sec. 405. Sections 405 and 406 of division F of the Consolidated 
and Further Continuing Appropriations Act, 2015 (Public Law 113-235) 
shall continue in effect in fiscal year 2017.

          contract support costs, fiscal year 2017 limitation

    Sec. 406. Amounts provided by this Act for fiscal year 2017 under 
the headings ``Department of Health and Human Services, Indian Health 
Service, Contract Support Costs'' and ``Department of the Interior, 
Bureau of Indian Affairs and Bureau of Indian Education, Contract 
Support Costs'' are the only amounts available for contract support 
costs arising out of self-determination or self-governance contracts, 
grants, compacts, or annual funding agreements for fiscal year 2017 
with the Bureau of Indian Affairs or the Indian Health Service: 
Provided, That such amounts provided by this Act are not available for 
payment of claims for contract support costs for prior years, or for 
repayments of payments for settlements or judgments awarding contract 
support costs for prior years.

                        forest management plans

    Sec. 407. The Secretary of Agriculture shall not be considered to 
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
solely because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this section 
exempts the Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
any other law: Provided, That if the Secretary is not acting 
expeditiously and in good faith, within the funding available, to 
revise a plan for a unit of the National Forest System, this section 
shall be void with respect to such plan and a court of proper 
jurisdiction may order completion of the plan on an accelerated basis.

                 prohibition within national monuments

    Sec. 408. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.

                         limitation on takings

    Sec. 409. Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.

                        timber sale requirements

    Sec. 410.  No timber sale in Alaska's Region 10 shall be advertised 
if the indicated rate is deficit (defined as the value of the timber is 
not sufficient to cover all logging and stumpage costs and provide a 
normal profit and risk allowance under the Forest Service's appraisal 
process) when appraised using a residual value appraisal. The western 
red cedar timber from those sales which is surplus to the needs of the 
domestic processors in Alaska, shall be made available to domestic 
processors in the contiguous 48 United States at prevailing domestic 
prices. All additional western red cedar volume not sold to Alaska or 
contiguous 48 United States domestic processors may be exported to 
foreign markets at the election of the timber sale holder. All Alaska 
yellow cedar may be sold at prevailing export prices at the election of 
the timber sale holder.

                    prohibition on no-bid contracts

    Sec. 411. None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used to enter 
into any Federal contract unless such contract is entered into in 
accordance with the requirements of Chapter 33 of title 41, United 
States Code, or Chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless--
            (1) Federal law specifically authorizes a contract to be 
        entered into without regard for these requirements, including 
        formula grants for States, or federally recognized Indian 
        tribes; or
            (2) such contract is authorized by the Indian Self-
        Determination and Education Assistance Act (Public Law 93-638, 
        25 U.S.C. 450 et seq.) or by any other Federal laws that 
        specifically authorize a contract within an Indian tribe as 
        defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
            (3) such contract was awarded prior to the date of 
        enactment of this Act.

                           posting of reports

    Sec. 412.  (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.

            national endowment for the arts grant guidelines

    Sec. 413. Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or local arts agency, or regional group, may be used 
        to make a grant to any other organization or individual to 
        conduct activity independent of the direct grant recipient. 
        Nothing in this subsection shall prohibit payments made in 
        exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs or projects.

           national endowment for the arts program priorities

    Sec. 414.  (a) In providing services or awarding financial 
assistance under the National Foundation on the Arts and the Humanities 
Act of 1965 from funds appropriated under this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority is given 
to providing services or awarding financial assistance for projects, 
productions, workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income 
        below the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.
    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually 
        and by State, on grants awarded by the Chairperson in each 
        grant category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

                  status of balances of appropriations

    Sec. 415.  The Department of the Interior, the Environmental 
Protection Agency, the Forest Service, and the Indian Health Service 
shall provide the Committees on Appropriations of the House of 
Representatives and Senate quarterly reports on the status of balances 
of appropriations including all uncommitted, committed, and unobligated 
funds in each program and activity.

                 report on use of climate change funds

    Sec. 416.  Not later than 120 days after the date on which the 
President's fiscal year 2018 budget request is submitted to the 
Congress, the President shall submit a comprehensive report to the 
Committees on Appropriations of the House of Representatives and the 
Senate describing in detail all Federal agency funding, domestic and 
international, for climate change programs, projects, and activities in 
fiscal years 2016 and 2017, including an accounting of funding by 
agency with each agency identifying climate change programs, projects, 
and activities and associated costs by line item as presented in the 
President's Budget Appendix, and including citations and linkages where 
practicable to each strategic plan that is driving funding within each 
climate change program, project, and activity listed in the report.

                      prohibition on use of funds

    Sec. 417.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
promulgate or implement any regulation requiring the issuance of 
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for 
carbon dioxide, nitrous oxide, water vapor, or methane emissions 
resulting from biological processes associated with livestock 
production.

                 greenhouse gas reporting restrictions

    Sec. 418.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any provision in a rule, if that provision requires mandatory reporting 
of greenhouse gas emissions from manure management systems.

                      modification of authorities

    Sec. 419.  (a) Section 8162(m)(3) of the Department of Defense 
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is 
amended by striking ``September 30, 2016'' and inserting ``September 
30, 2017''.
    (b) For fiscal year 2017, the authority provided by the provisos 
under the heading ``Dwight D. Eisenhower Memorial Commission--Capital 
Construction'' in division E of Public Law 112-74 shall not be in 
effect.

                          funding prohibition

    Sec. 420.  None of the funds made available by this or any other 
Act may be used to regulate the lead content of ammunition, ammunition 
components, or fishing tackle under the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) or any other law.

                      extension of grazing permits

    Sec. 421. The terms and conditions of section 325 of Public Law 
108-108 (117 Stat. 1307), regarding grazing permits issued by the 
Forest Service on any lands not subject to administration under section 
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), 
shall remain in effect for fiscal year 2017.

                             recreation fee

    Sec. 422. Section 810 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2017'' and 
inserting ``September 30, 2018''.

                   stewardship contracting amendments

    Sec. 423. Section 604(d) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591c(d)) is amended--
            (1) in paragraph (5), by adding at the end the following: 
        ``Notwithstanding section 2 of the Act of July 31, 1947 
        (commonly known as the Materials Act of 1947; 30 U.S.C. 602), 
        the Director may enter into an agreement or contract under 
        subsection (b).''; and
            (2) in paragraph (7)--
                    (A) by striking ``and the Director''; and
                    (B) by inserting ``entered into by the Chief'' 
                after ``contracts and agreements''.

                          funding prohibition

    Sec. 424.  (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.

                      definition of fill material

    Sec. 425.  None of the funds made available in this Act or any 
other Act may be used by the Environmental Protection Agency to 
develop, adopt, implement, administer, or enforce any change to the 
regulations in effect on October 1, 2012, pertaining to the definitions 
of the terms ``fill material'' or ``discharge of fill material'' for 
the purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.).

                      clarification of exemptions

    Sec. 426.  Notwithstanding section 404(f)(2) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(f)(2)), none of the funds made 
available by this Act may be used to require a permit for the discharge 
of dredged or fill material under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) for the activities identified in 
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 U.S.C. 
1344(f)(1)(A), (C)).

                      waters of the united states

    Sec. 427.  None of the funds made available in this Act or any 
other Act for any fiscal year may be used to develop, adopt, implement, 
administer, or enforce any change to the regulations and guidance in 
effect on October 1, 2012, pertaining to the definition of waters under 
the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 
1251, et seq.), including the provisions of the rules dated November 
13, 1986, and August 25, 1993, relating to said jurisdiction, and the 
guidance documents dated January 15, 2003, and December 2, 2008, 
relating to said jurisdiction.

      hunting, fishing, and recreational shooting on federal land

    Sec. 428. (a) Limitation on Use of Funds.--None of the funds made 
available by this or any other Act for any fiscal year may be used to 
prohibit the use of or access to Federal land (as such term is defined 
in section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6502)) for hunting, fishing, or recreational shooting if such use or 
access--
            (1) was not prohibited on such Federal land as of January 
        1, 2013; and
            (2) was conducted in compliance with the resource 
        management plan (as defined in section 101 of such Act (16 
        U.S.C. 6511)) applicable to such Federal land as of January 1, 
        2013.
    (b) Temporary Closures Allowed.--Notwithstanding subsection (a), 
the Secretary of the Interior or the Secretary of Agriculture may 
temporarily close, for a period not to exceed 30 days, Federal land 
managed by the Secretary to hunting, fishing, or recreational shooting 
if the Secretary determines that the temporary closure is necessary to 
accommodate a special event or for public safety reasons. The Secretary 
may extend a temporary closure for one additional 90-day period only if 
the Secretary determines the extension is necessary because of 
extraordinary weather conditions or for public safety reasons.
    (c) Authority of States.--Nothing in this section shall be 
construed as affecting the authority, jurisdiction, or responsibility 
of the several States to manage, control, or regulate fish and resident 
wildlife under State law or regulations.

                             lead test kit

    Sec. 429.  None of the funds made available by this Act may be used 
to enforce regulations under sections 745.84 and 745.86 of title 40, 
Code of Federal Regulations, or any subsequent amendments to such 
regulations, until the Administrator of the Environmental Protection 
Agency--
            (1) publicizes Environmental Protection Agency recognition 
        of a commercially available lead test kit that meets both 
        criteria under section 745.88(c) of title 40, Code of Federal 
        Regulations; or
            (2) solicits public comment on alternatives to subpart E of 
        part 745 of title 40, Code of Federal Regulations, following 
        the date of enactment of this Act.

                          financial assurance

    Sec. 430.  None of the funds made available by this Act may be used 
to develop, propose, finalize, implement, enforce, or administer any 
regulation that would establish new financial responsibility 
requirements pursuant to section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)).

                                ghg nsps

    Sec. 431.  None of the funds made available by this Act shall be 
used to propose, finalize, implement, or enforce--
            (1) any standard of performance under section 111(b) of the 
        Clean Air Act (42 U.S.C. 7411(b)) for any new fossil fuel-fired 
        electricity utility generating unit if the Administrator of the 
        Environmental Protection Agency's determination that a 
        technology is adequately demonstrated includes consideration of 
        one or more facilities for which assistance is provided 
        (including any tax credit) under subtitle A of title IV of the 
        Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) or section 
        48A of the Internal Revenue Code of 1986;
            (2) any regulation or guidance under section 111(b) of the 
        Clean Air Act (42 U.S.C. 7411(b)) establishing any standard of 
        performance for emissions of any greenhouse gas from any 
        modified or reconstructed source that is a fossil fuel-fired 
        electric utility generating unit; or
            (3) any regulation or guidance under section 111(d) of the 
        Clean Air Act (42 U.S.C. 7411(d)) that applies to the emission 
        of any greenhouse gas by an existing source that is a fossil 
        fuel-fired electric utility generating unit.

               availability of vacant grazing allotments

    Sec. 432.  The Secretary of the Interior, with respect to public 
lands administered by the Bureau of Land Management, and the Secretary 
of Agriculture, with respect to the National Forest System lands, shall 
make vacant grazing allotments available to a holder of a grazing 
permit or lease issued by either Secretary if the lands covered by the 
permit or lease or other grazing lands used by the holder of the permit 
or lease are unusable because of drought or wildfire, as determined by 
the Secretary concerned. The terms and conditions contained in a permit 
or lease made available pursuant to this section shall be the same as 
the terms and conditions of the most recent permit or lease that was 
applicable to the vacant grazing allotment made available. Section 102 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) shall 
not apply with respect to any Federal agency action under this section.

                       protection of water rights

    Sec. 433.  None of the funds made available in this or any other 
Act may be used to condition the issuance, renewal, amendment, or 
extension of any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement on the transfer 
of any water right, including sole and joint ownership, directly to the 
United States, or any impairment of title, in whole or in part, granted 
or otherwise recognized under State law, by Federal or State 
adjudication, decree, or other judgment, or pursuant to any interstate 
water compact. Additionally, none of the funds made available in this 
or any other Act may be used to require any water user to apply for or 
acquire a water right in the name of the United States under State law 
as a condition of the issuance, renewal, amendment, or extension of any 
permit, approval, license, lease, allotment, easement, right-of-way, or 
other land use or occupancy agreement.

                      limitation on status changes

    Sec. 434.  None of the funds made available by this Act shall be 
used to propose, finalize, implement, or enforce any regulation or 
guidance under Section 612 of the Clean Air Act (42 U.S.C. 7671k) that 
changes the status from acceptable to unacceptable for purposes of the 
Significant New Alternatives Policy (SNAP) program of any 
hydrofluorocarbon used as a refrigerant or in foam blowing agents, 
applications or uses. Nothing in this section shall prevent EPA from 
approving new materials, applications or uses as acceptable under the 
SNAP program.

                     use of american iron and steel

    Sec. 435. (a)(1) None of the funds made available by a State water 
pollution control revolving fund as authorized by section 1452 of the 
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project 
for the construction, alteration, maintenance, or repair of a public 
water system or treatment works unless all of the iron and steel 
products used in the project are produced in the United States.
    (2) In this section, the term ``iron and steel'' products means the 
following products made primarily of iron or steel: lined or unlined 
pipes and fittings, manhole covers and other municipal castings, 
hydrants, tanks, flanges, pipe clamps and restraints, valves, 
structural steel, reinforced precast concrete, and construction 
materials.
    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Administrator of the Environmental Protection Agency (in 
this section referred to as the ``Administrator'') finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.
    (c) If the Administrator receives a request for a waiver under this 
section, the Administrator shall make available to the public on an 
informal basis a copy of the request and information available to the 
Administrator concerning the request, and shall allow for informal 
public input on the request for at least 15 days prior to making a 
finding based on the request. The Administrator shall make the request 
and accompanying information available by electronic means, including 
on the official public Internet Web site of the Environmental 
Protection Agency.
    (d) This section shall be applied in a manner consistent with 
United States obligations under international agreements.
    (e) The Administrator may retain up to 0.25 percent of the funds 
appropriated in this Act for the Clean and Drinking Water State 
Revolving Funds for carrying out the provisions described in subsection 
(a)(1) for management and oversight of the requirements of this 
section.

                         social cost of carbon

    Sec. 436.  None of the funds made available by this or any other 
Act shall be used for the social cost of carbon (SCC) to be 
incorporated into any rulemaking or guidance document until a new 
Interagency Working Group (IWG) revises the estimates using the 
discount rates and the domestic-only limitation on benefits estimates 
in accordance with Executive Order 12866 and OMB Circular A-4 as of 
January 1, 2015: Provided, That such IWG shall provide to the public 
all documents, models, and assumptions used in developing the SCC and 
solicit public comment prior to finalizing any revised estimates.

       limitation on use of funds for designated representatives

    Sec. 437.  None of the funds made available by this or any other 
Act may be used to implement or enforce, or to require States to 
implement or enforce, the provisions of 40 CFR 170.311(b)(9) as 
published in the Federal Register on November 2, 2015.

                                 ozone

    Sec. 438. To implement the national ambient air quality standards 
for ozone published in the Federal Register on October 26, 2015 (80 
Fed. Reg. 65292):
            (1) the Governor of each State shall designate areas of the 
        State as attainment, nonattainment, or unclassifiable with 
        respect to the standards not later than October 26, 2024;
            (2) the Administrator of the Environmental Protection 
        Agency shall promulgate final designations for all areas in all 
        States with respect to the standards not later than October 26, 
        2025;
            (3) each State shall submit the plan required by section 
        110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)) for the 
        standards not later than October 26, 2026;
            (4) the standards shall not apply to the review and 
        disposition of a preconstruction permit application required 
        under part C or D of title I of the Clean Air Act (42 U.S.C. 
        7470 et seq.) if the Administrator or the State, local or 
        tribal permitting authority, as applicable, has determined the 
        application to be complete prior to the date of promulgation of 
        final designations, or has published a public notice of a 
        preliminary determination or draft permit before the date that 
        is 60 days after the date of promulgation of final 
        designations; and
            (5) the provisions of subsections (1) through (4) above 
        shall apply notwithstanding the deadlines set forth in Section 
        107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and Section 
        110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)).

                           methane emissions

    Sec. 439. None of the funds made available by this Act shall be 
used to develop, propose, finalize, implement or enforce--
            (1) any rule or guideline to address methane emissions from 
        sources in the oil and natural gas sector under Sections 111(b) 
        or (d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d));
            (2) any rule changing the term ``adjacent'' for purposes of 
        defining ``stationary source'' and ``major source'' as applied 
        to the oil and gas sector under the Clean Air Act; and
            (3) proposed Draft Control Techniques Guidelines for the 
        Oil and Natural Gas Industry released September 18, 2015 (80 
        Fed. Reg. 56577 ).

                             royalty rates

    Sec. 440. None of the funds made available by this Act may be used 
to implement any changes to royalty rates or product valuation 
regulations under Federal coal, oil, and gas leasing programs.

                             program review

    Sec. 441.  (a) Termination.--Secretarial Order 3338, issued by the 
Secretary of the Interior on January 15, 2016, shall have no force or 
effect on and after the earlier of--
            (1) September 30, 2017; or
            (2) the date of publication of notice under subsection (b).
    (b) Publication of Notice.--The Secretary of the Interior shall 
promptly publish notice of the completion of the Programmatic 
Environmental Impact Statement directed to be prepared under that 
order.

                        national gallery of art

    Sec. 442. Section 6301(2) of title 40, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``The National Gallery of Art'' and inserting ``(A) The 
        National Gallery of Art'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
            (3) by adding at the end the following new subparagraph: 
        ``(B) All other buildings, service roads, walks, and other 
        areas within the exterior boundaries of any real estate or land 
        or interest in land (including temporary use) that the National 
        Gallery of Art acquires and that the Director of the National 
        Gallery of Art determines to be necessary for the adequate 
        protection of individuals or property in the National Gallery 
        of Art and suitable for administration as a part of the 
        National Gallery of Art.''.

      blm planning 2.0 rulemaking on land use planning procedures

    Sec. 443. None of the funds made available by this Act may be used 
to promulgate, implement, administer, or enforce the rule published by 
the Bureau of Land Management in the Federal Register on February 25, 
2016 (81 Fed. Reg. 9673 et seq.; Fed. Reg. Doc. No. 2016-03232), to 
amend subparts 1601 and 1610 of title 43, Code of Federal Regulations, 
which establish the procedures used to prepare, revise, or amend land 
use plans pursuant to the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.), until the Secretary of the Interior 
provides an additional 90-day period for public comments on the 
proposed rule and holds at least one more public meeting on the 
proposed rule in each of the eleven contiguous Western States (as 
defined in section 103(o) of such Act (43 U.S.C. 1702(o))), Texas. and 
Oklahoma.

                   humane transfer of excess animals

    Sec. 444.  Notwithstanding any other provision of law, the 
Secretary of the Interior may transfer excess wild horses or burros 
that have been removed from the public lands to other Federal, State, 
and local government agencies for use as work animals: Provided, That 
the Secretary may make any such transfer immediately upon request of 
such Federal, State, or local government agency: Provided further, That 
any excess animal transferred under this provision shall lose its 
status as a wild free-roaming horse or burro as defined in the Wild 
Free-Roaming Horses and Burros Act: Provided further, That any Federal, 
State, or local government agency receiving excess wild horses or 
burros as authorized in this section shall not destroy the horses or 
burros in a way that results in their destruction into commercial 
products, or sell or otherwise transfer the horses in a way that 
results in their destruction for processing into commercial products.

  limitation on use of funds for treatment of lesser prairie chicken 
                  under endangered species act of 1973

    Sec. 445. None of the funds made available by this Act shall be 
used to treat the lesser prairie chicken as an endangered species or 
threatened species, or a candidate for listing as such a species, under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

                     indian health governing board

    Sec. 446. Not later than six months after the date of receipt by 
the Secretary of Health and Human Services of a written request from 
the tribe or tribes served by a hospital operated by the Indian Health 
Service, the Secretary shall install a governance board exclusively for 
such hospital for a trial period of three years: Provided, That the 
governance board shall be comprised of Indian Health Service senior 
executives, elected tribal officials, and hospital administration 
experts outside of the Indian Health Service system: Provided further, 
that the governance board shall follow industry-wide best practices: 
Provided further, that the governance board shall approve, oversee the 
implementation of, and evaluate metrics of quality care, patient safety 
and satisfaction, and finance: Provided further, that the governance 
board shall work with the Indian Health Service on developing standards 
and procedures for employee recruitment, retention, training, 
communication, and dismissal to assure consistency with other high 
performing federally run health facilities: Provided further, that the 
hospital shall have a chief executive officer hired and accountable to 
the Director of the Indian Health Service who shall be a liaison 
between the Indian Health Service and the governance board: Provided 
further, that the chief executive officer shall retain authority for 
all hospital personnel matters in accordance with existing law: 
Provided further, that the chief executive officer and the governance 
board shall sign a memorandum of understanding to share all pertinent 
hospital information while protecting individual privacy rights in 
accordance with existing law: Provided further, that the Secretary 
shall replace the chief executive officer upon receipt of a written 
request by the governance board: Provided further, that the governance 
board shall meet at the hospital regularly: Provided further, that the 
governance board shall regularly communicate to the affected tribe or 
tribes, to the Secretary, and to the Congress: Provided further, that 
at the end of the trial period, the governance board shall publish and 
disseminate a report evaluating the aforementioned metrics and 
providing recommendations for any other tribe or tribes wanting to 
establish a similar governance board at any other hospital operated by 
the Indian Health Service: Provided further, that if a tribe moves from 
direct service delivery to delivery through contracting or compacting 
pursuant to Public Law 93-638, the tribe involved in the pilot has the 
opportunity to end the pilot and the opportunity to collaborate with 
the Indian Health Service to reconfigure a governance structure in 
which that Indian Health Service may upon request continue its 
participation in the governance structure in a contracted or compacted 
arrangement.

    scientifically supported implementation of omr flow requirements

    Sec. 447.  (a) To maximize water supplies for the Central Valley 
Project and the State Water Project, in implementing the provisions of 
the smelt biological opinion or salmonid biological opinion, or any 
successor biological opinions or court orders, pertaining to management 
of reverse flow in the Old and Middle Rivers, the Secretary of the 
Interior shall--
            (1) consider the relevant provisions of the applicable 
        biological opinions or any successor biological opinions;
            (2) manage export pumping rates to achieve a reverse OMR 
        flow rate of -5,000 cubic feet per second unless existing 
        information or that developed by the Secretary of the Interior 
        under paragraphs (3) and (4) leads the Secretary to reasonably 
        conclude, using the best scientific and commercial data 
        available, that a less negative OMR flow rate is necessary to 
        avoid a significant negative impact on the long-term survival 
        of the species covered by the smelt biological opinion or 
        salmonid biological opinion. If the best scientific and 
        commercial data available to the Secretary indicates that a 
        reverse OMR flow rate more negative than -5,000 cubic feet per 
        second can be established without an imminent negative impact 
        on the long-term survival of the species covered by the smelt 
        biological opinion or salmonid biological opinion, the 
        Secretary shall manage export pumping rates to achieve that 
        more negative OMR flow rate;
            (3) document, in writing, any significant facts about real-
        time conditions relevant to the determinations of OMR reverse 
        flow rates, including--
                    (A) whether targeted real-time fish monitoring 
                pursuant to this section, including monitoring in the 
                vicinity of Station 902, indicates that a significant 
                negative impact on the long-term survival of species 
                covered by the smelt biological opinion or salmonid 
                biological opinion is imminent; and
                    (B) whether near-term forecasts with available 
                models show under prevailing conditions that OMR flow 
                of -5,000 cubic feet per second or higher will cause a 
                significant negative impact on the long-term survival 
                of species covered by the smelt biological opinion or 
                salmonid biological opinion;
            (4) show, in writing, that any determination to manage OMR 
        reverse flow at rates less negative than -5,000 cubic feet per 
        second is necessary to avoid a significant negative impact on 
        the long-term survival of species covered by the smelt 
        biological opinion or salmonid biological opinion, and provide, 
        in writing, an explanation of the data examined and the 
        connection between those data and the choice made, after 
        considering--
                    (A) the distribution of Delta smelt throughout the 
                Delta;
                    (B) the potential effects of documented, quantified 
                entrainment on subsequent Delta smelt abundance;
                    (C) the water temperature;
                    (D) other significant factors relevant to the 
                determination; and
                    (E) whether any alternative measures could have a 
                substantially lesser water supply impact; and
            (5) for any subsequent smelt biological opinion or salmonid 
        biological opinion, make the showing required in paragraph (4) 
        for any determination to manage OMR reverse flow at rates less 
        negative than the most negative limit in the biological opinion 
        if the most negative limit in the biological opinion is more 
        negative than -5,000 cubic feet per second.
    (b) No Reinitiation of Consultation.--In implementing or at the 
conclusion of actions under subsection (a), the Secretary of the 
Interior or the Secretary of Commerce shall not reinitiate consultation 
on those adjusted operations unless there is a significant negative 
impact on the long-term survival of the species covered by the smelt 
biological opinion or salmonid biological opinion. Any action taken 
under subsection (a) that does not create a significant negative impact 
on the long-term survival to species covered by the smelt biological 
opinion or salmonid biological opinion will not alter application of 
the take permitted by the incidental take statement in the biological 
opinion under section 7(o)(2) of the Endangered Species Act of 1973.
    (c) Calculation of Reverse Flow in OMR.--Within 90 days of the 
enactment of this title, the Secretary of the Interior is directed, in 
consultation with the California Department of Water Resources to 
revise the method used to calculate reverse flow in Old and Middle 
Rivers, for implementation of the reasonable and prudent alternatives 
in the smelt biological opinion and the salmonid biological opinion, 
and any succeeding biological opinions, for the purpose of increasing 
Central Valley Project and State Water Project water supplies. The 
method of calculating reverse flow in Old and Middle Rivers shall be 
reevaluated not less than every five years thereafter to achieve 
maximum export pumping rates within limits established by the smelt 
biological opinion, the salmonid biological opinion, and any succeeding 
biological opinions.

  temporary operational flexibility for first few storms of the water 
                                  year

    Sec. 448.  (a) In General.--Consistent with avoiding an immediate 
significant negative impact on the long-term survival upon listed fish 
species over and above the range of impacts authorized under the 
Endangered Species Act of 1973 and other environmental protections 
under subsection (d), the Secretary of the Interior and the Secretary 
of Commerce shall authorize the Central Valley Project and the 
California State Water Project, combined, to operate at levels that 
result in negative OMR flows at -7,500 cubic feet per second (based on 
United States Geological Survey gauges on Old and Middle Rivers) daily 
average as described in subsections (b) and (c) to capture peak flows 
during storm events.
    (b) Days of Temporary Operational Flexibility.--The temporary 
operational flexibility described in subsection (a) shall be authorized 
on days that the California Department of Water Resources determines 
the net Sacramento-San Joaquin River Delta outflow index is at, or 
above, 13,000 cubic feet per second.
    (c) Compliance With Endangered Species Act Authorizations.--In 
carrying out this section, the Secretary of the Interior and the 
Secretary of Commerce may continue to impose any requirements under the 
smelt biological opinion and salmonid biological opinion during any 
period of temporary operational flexibility as they determine are 
reasonably necessary to avoid additional significant negative impacts 
on the long-term survival of a listed fish species over and above the 
range of impacts authorized under the Endangered Species Act of 1973, 
provided that the requirements imposed do not reduce water supplies 
available for the Central Valley Project and the California State Water 
Project.
    (d) Other Environmental Protections.--
            (1) State law.--The actions of the Secretary of the 
        Interior and the Secretary of Commerce under this section shall 
        be consistent with applicable regulatory requirements under 
        State law. The foregoing does not constitute a waiver of 
        sovereign immunity.
            (2) First sediment flush.--During the first flush of 
        sediment out of the Sacramento-San Joaquin River Delta in each 
        water year, and provided that such determination is based upon 
        objective evidence, OMR flow may be managed at rates less 
        negative than -5,000 cubic feet per second for a minimum 
        duration to avoid movement of adult Delta smelt (Hypomesus 
        transpacificus) to areas in the southern Sacramento-San Joaquin 
        River Delta that would be likely to increase entrainment at 
        Central Valley Project and California State Water Project 
        pumping plants.
            (3) Applicability of opinion.--This section shall not 
        affect the application of the salmonid biological opinion from 
        April 1 to May 31, unless the Secretary of Commerce finds, 
        based on the best scientific and commercial data available, 
        that some or all of such applicable requirements may be 
        adjusted during this time period to provide emergency water 
        supply relief without resulting in additional adverse effects 
        over and above the range of impacts authorized under the 
        Endangered Species Act of 1973. In addition to any other 
        actions to benefit water supply, the Secretary of the Interior 
        and the Secretary of Commerce shall consider allowing through-
        Delta water transfers to occur during this period if they can 
        be accomplished consistent with section 3405(a)(1)(H) of the 
        Central Valley Project Improvement Act. Water transfers solely 
        or exclusively through the California State Water Project that 
        do not require any use of Reclamation facilities or approval by 
        Reclamation are not required to be consistent with section 
        3405(a)(1)(H) of the Central Valley Project Improvement Act.
            (4) Monitoring.--During operations under this section, the 
        Commissioner of Reclamation, in coordination with the United 
        States Fish and Wildlife Service, National Marine Fisheries 
        Service, and California Department of Fish and Wildlife, shall 
        undertake expanded monitoring programs and other data gathering 
        to improve Central Valley Project and California State Water 
        Project water supplies, to ensure incidental take levels are 
        not exceeded, and to identify potential negative impacts, if 
        any, and actions necessary to mitigate impacts of the temporary 
        operational flexibility to species listed under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (e) Effect of High Outflows.--In recognition of the high outflow 
levels from the Sacramento-San Joaquin River Delta during the days this 
section is in effect under subsection (b), the Secretary of the 
Interior and the Secretary of Commerce shall not count such days toward 
the 5-day and 14-day running averages of tidally filtered daily Old and 
Middle River flow requirements under the smelt biological opinion and 
salmonid biological opinion, as long as the Secretaries avoid 
significant negative impact on the long-term survival of listed fish 
species over and above the range of impacts authorized under the 
Endangered Species Act of 1973.
    (f) Level of Detail Required for Analysis.--In articulating the 
determinations required under this section, the Secretary of the 
Interior and the Secretary of Commerce shall fully satisfy the 
requirements herein but shall not be expected to provide a greater 
level of supporting detail for the analysis than feasible to provide 
within the short timeframe permitted for timely decision making in 
response to changing conditions in the Sacramento-San Joaquin River 
Delta.
    (g) OMR Flows.--The Secretary of the Interior and the Secretary of 
Commerce shall, through the adaptive management provisions in the 
salmonid biological opinion, limit OMR reverse flow to -5,000 cubic 
feet per second based on date-certain triggers in the salmonid 
biological opinions only if using real-time migration information on 
salmonids demonstrates that such action is necessary to avoid a 
significant negative impact on the long-term survival of listed fish 
species over and above the range of impacts authorized under the 
Endangered Species Act of 1973.
    (h) No Reinitiation of Consultation.--In implementing or at the 
conclusion of actions under this section, the Secretary of the Interior 
shall not reinitiate consultation on those adjusted operations if there 
is no immediate significant negative impact on the long-term survival 
of listed fish species over and above the range of impacts authorized 
under the Endangered Species Act of 1973. Any action taken under this 
section that does not create an immediate significant negative impact 
on the long-term survival of listed fish species over and above the 
range of impacts authorized under the Endangered Species Act of 1973 
will not alter application of the take permitted by the incidental take 
statement in those biological opinions under section 7(o)(2) of the 
Endangered Species Act of 1973.

        state water project offset and water rights protections

    Sec. 449.  (a) Offset for State Water Project.--
            (1) Implementation impacts.--The Secretary of the Interior 
        shall confer with the California Department of Fish and 
        Wildlife in connection with the implementation of this section 
        on potential impacts to any consistency determination for 
        operations of the State Water Project issued pursuant to 
        California Fish and Game Code section 2080.1.
            (2) Additional yield.--If, as a result of the application 
        of this section, the California Department of Fish and 
        Wildlife--
                    (A) determines that operations of the State Water 
                Project are inconsistent with the consistency 
                determinations issued pursuant to California Fish and 
                Game Code section 2080.1 for operations of the State 
                Water Project; or
                    (B) requires take authorization under California 
                Fish and Game Code section 2081 for operation of the 
                State Water Project in a manner that directly or 
                indirectly results in reduced water supply to the State 
                Water Project as compared with the water supply 
                available under the smelt biological opinion and the 
                salmonid biological opinion; and as a result, Central 
                Valley Project yield is greater than it otherwise would 
                have been, then that additional yield shall be made 
                available to the State Water Project for delivery to 
                State Water Project contractors to offset that reduced 
                water supply.
            (3) Notification related to environmental protections.--The 
        Secretary of the Interior and Secretary of Commerce shall--
                    (A) notify the Director of the California 
                Department of Fish and Wildlife regarding any changes 
                in the manner in which the smelt biological opinion or 
                the salmonid biological opinion is implemented; and
                    (B) confirm that those changes are consistent with 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
    (b) Area of Origin and Water Rights Protections.--
            (1) In general.--The Secretary of the Interior and the 
        Secretary of Commerce, in carrying out the mandates of this 
        section, shall take no action that--
                    (A) diminishes, impairs, or otherwise affects in 
                any manner any area of origin, watershed of origin, 
                county of origin, or any other water rights protection, 
                including rights to water appropriated before December 
                19, 1914, provided under State law;
                    (B) limits, expands or otherwise affects the 
                application of section 10505, 10505.5, 11128, 11460, 
                11461, 11462, 11463 or 12200 through 12220 of the 
                California Water Code or any other provision of State 
                water rights law, without respect to whether such a 
                provision is specifically referred to in this section; 
                or
                    (C) diminishes, impairs, or otherwise affects in 
                any manner any water rights or water rights priorities 
                under applicable law.
            (2) Section 7 of the endangered species act.--Any action 
        proposed to be undertaken by the Secretary of the Interior and 
        the Secretary of Commerce pursuant to both this section and 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 
        et seq.) shall be undertaken in a manner that does not alter 
        water rights or water rights priorities established by 
        California law or it shall not be undertaken at all. Nothing in 
        this subsection affects the obligations of the Secretary of the 
        Interior and the Secretary of Commerce under section 7 of the 
        Endangered Species Act of 1973.
            (3) Effect of act.--
                    (A) Nothing in this section affects or modifies any 
                obligation of the Secretary of the Interior under 
                section 8 of the Act of June 17, 1902 (32 Stat. 390, 
                chapter 1093).
                    (B) Nothing in this section diminishes, impairs, or 
                otherwise affects in any manner any Project purposes or 
                priorities for the allocation, delivery or use of water 
                under applicable law, including the Project purposes 
                and priorities established under section 3402 and 
                section 3406 of the Central Valley Project Improvement 
                Act (Public Law 102-575; 106 Stat. 4706).
    (c) No Redirected Adverse Impacts.--
            (1) In general.--The Secretary of the Interior and 
        Secretary of Commerce shall not carry out any specific action 
        authorized under this section that will directly or through 
        State agency action indirectly result in the involuntary 
        reduction of water supply to an individual, district, or agency 
        that has in effect a contract for water with the State Water 
        Project or the Central Valley Project, including Settlement and 
        Exchange contracts, refuge contracts, and Friant Division 
        contracts, as compared to the water supply that would be 
        provided in the absence of action under this section, and 
        nothing in this section is intended to modify, amend or affect 
        any of the rights and obligations of the parties to such 
        contracts.
            (2) Action on determination.--If, after exploring all 
        options, the Secretary of the Interior or the Secretary of 
        Commerce makes a final determination that a proposed action 
        under this section cannot be carried out in accordance with 
        paragraph (1), that Secretary--
                    (A) shall document that determination in writing 
                for that action, including a statement of the facts 
                relied on, and an explanation of the basis, for the 
                decision;
                    (B) may exercise the Secretary's existing 
                authority, including authority to undertake the 
                drought-related actions otherwise addressed in this 
                title, or to otherwise comply with other applicable 
                law, including the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); and
                    (C) shall comply with subsection (a).
    (d) Allocations for Sacramento Valley Water Service Contractors.--
            (1) Definitions.--In this subsection:
                    (A) Existing central valley project agricultural 
                water service contractor within the sacramento river 
                watershed.--The term ``existing Central Valley Project 
                agricultural water service contractor within the 
                Sacramento River Watershed'' means any water service 
                contractor within the Shasta, Trinity, or Sacramento 
                River division of the Central Valley Project that has 
                in effect a water service contract on the date of 
                enactment of this section that provides water for 
                irrigation.
                    (B) Year terms.--The terms ``Above Normal'', 
                ``Below Normal'', ``Dry'', and ``Wet'', with respect to 
                a year, have the meanings given those terms in the 
                Sacramento Valley Water Year Type (40-30-30) Index.
            (2) Allocations of water.--
                    (A) Allocations.--Subject to subsection (c), the 
                Secretary of the Interior shall make every reasonable 
                effort in the operation of the Central Valley Project 
                to allocate water provided for irrigation purposes to 
                each existing Central Valley Project agricultural water 
                service contractor within the Sacramento River 
                Watershed in accordance with the following:
                            (i) Not less than 100 percent of the 
                        contract quantity of the existing Central 
                        Valley Project agricultural water service 
                        contractor within the Sacramento River 
                        Watershed in a ``Wet'' year.
                            (ii) Not less than 100 percent of the 
                        contract quantity of the existing Central 
                        Valley Project agricultural water service 
                        Contractor within the Sacramento River 
                        Watershed in an ``Above Normal'' year.
                            (iii) Not less than 100 percent of the 
                        contract quantity of the existing Central 
                        Valley Project agricultural water service 
                        contractor within the Sacramento River 
                        Watershed in a ``Below Normal'' year that is 
                        preceded by an ``Above Normal'' or ``Wet'' 
                        year.
                            (iv) Not less than 50 percent of the 
                        contract quantity of the existing Central 
                        Valley Project agricultural water service 
                        contractor within the Sacramento River 
                        Watershed in a ``Dry'' year that is preceded by 
                        a ``Below Normal'', ``Above Normal'', or 
                        ``Wet'' year.
                            (v) Subject to clause (ii), in any other 
                        year not identified in any of clauses (i) 
                        through (iv), not less than twice the 
                        allocation percentage to south-of-Delta Central 
                        Valley Project agricultural water service 
                        contractors, up to 100 percent.
                    (B) Effect of clause.--Nothing in clause (A)(v) 
                precludes an allocation to an existing Central Valley 
                Project agricultural water service contractor within 
                the Sacramento River Watershed that is greater than 
                twice the allocation percentage to a south-of-Delta 
                Central Valley Project agricultural water service 
                contractor.
            (3) Protection of environment, municipal and industrial 
        supplies, and other contractors.--
                    (A) Environment.--Nothing in paragraph (2) shall 
                adversely affect--
                            (i) the cold water pool behind Shasta Dam;
                            (ii) the obligation of the Secretary of the 
                        Interior to make water available to managed 
                        wetlands pursuant to section 3406(d) of the 
                        Central Valley Project Improvement Act (Public 
                        Law 102-575; 106 Stat. 4722); or
                            (iii) any obligation--
                                    (I) of the Secretary of the 
                                Interior and the Secretary of Commerce 
                                under the smelt biological opinion, the 
                                salmonid biological opinion, or any 
                                other applicable biological opinion; or
                                    (II) under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.) or 
                                any other applicable law (including 
                                regulations).
                    (B) Municipal and industrial supplies.--Nothing in 
                paragraph (2)--
                            (i) modifies any provision of a water 
                        Service contract that addresses municipal or 
                        industrial water shortage policies of the 
                        Secretary of the Interior and the Secretary of 
                        Commerce;
                            (ii) affects or limits the authority of the 
                        Secretary of the Interior and the Secretary of 
                        Commerce to adopt or modify municipal and 
                        industrial water shortage policies;
                            (iii) affects or limits the authority of 
                        the Secretary of the Interior and the Secretary 
                        of Commerce to implement a municipal or 
                        industrial water shortage policy;
                            (iv) constrains, governs, or affects, 
                        directly or indirectly, the operations of the 
                        American River division of the Central Valley 
                        Project or any deliveries from that division or 
                        a unit or facility of that division; or
                            (v) affects any allocation to a Central 
                        Valley Project municipal or industrial water 
                        service contractor by increasing or decreasing 
                        allocations to the contractor, as compared to 
                        the allocation the contractor would have 
                        received absent paragraph (2).
                    (C) Other contractors.--Nothing in subsection (b)--
                            (i) affects the priority of any individual 
                        or entity with Sacramento River water rights, 
                        including an individual or entity with a 
                        Sacramento River settlement contract, that has 
                        priority to the diversion and use of Sacramento 
                        River water over water rights held by the 
                        United States for operations of the Central 
                        Valley Project;
                            (ii) affects the obligation of the United 
                        States to make a substitute supply of water 
                        available to the San Joaquin River exchange 
                        contractors;
                            (iii) affects the allocation of water to 
                        Friant division contractors of the Central 
                        Valley Project;
                            (iv) results in the involuntary reduction 
                        in contract water allocations to individuals or 
                        entities with contracts to receive water from 
                        the Friant division; or
                            (v) authorizes any actions inconsistent 
                        with State water rights law.
    Sec. 450.  None of the funds in this Act shall be available to 
implement the Stipulation of Settlement (Natural Resources Defense 
Council, et al. v. Kirk Rodgers, et al., Eastern District of 
California, No. Civ. 9 S-88-1658 LKK/GGH) or subtitle A of title X of 
Public Law 111-11.
    Sec. 451.  None of the funds in this Act shall be available for the 
purchase of water in the State of California to supplement instream 
flow within a river basin that has suffered a drought within the last 
two years.
    Sec. 452.  The Commissioner of Reclamation is directed to work with 
local water and irrigation districts in the Stanislaus River Basin to 
ascertain the water storage made available by the Draft Plan of 
Operations in New Melones Reservoir (DRPO) for water conservation 
programs, conjunctive use projects, water transfers, rescheduled 
project water and other projects to maximize water storage and ensure 
the beneficial use of the water resources in the Stanislaus River 
Basin. All such programs and projects shall be implemented according to 
all applicable laws and regulations. The source of water for any such 
storage program at New Melones Reservoir shall be made available under 
a valid water right, consistent with the State water transfer 
guidelines and any other applicable State water law. The Commissioner 
shall inform the Congress within 18 months setting forth the amount of 
storage made available by the DRPO that has been put to use under this 
program, including proposals received by the Commissioner from 
interested parties for the purpose of this section.
    Sec. 453.  None of the funds made available by this Act may be used 
to make a Presidential declaration by public proclamation of a national 
monument under chapter 3203 of title 54, United States Code in the 
counties of Coconino, Maricopa, Mohave and Yavapai in the State of 
Arizona, in the counties of Modoc and Siskiyou in the State of 
California, in the counties of Chaffee, Conejos, Dolores, Moffat, 
Montezuma, and Park in the State of Colorado, in the counties of Carson 
City, Churchill, Clark, Douglas, Elko, Eureka, Humboldt, Lander, 
Lincoln, Lyon, Nye, Pershing, Storey and Washoe in the State of Nevada, 
in the county of Otero in the State of New Mexico, in the counties of 
Jackson, Josephine and, Malheur in the State of Oregon, in the counties 
of Beaver, Carbon, Duchesne, Emery, Garfield, Iron, Juab, Kane, 
Millard, Piute, San Juan, Sanpete, Sevier, Tooele, Uintah, Washington, 
and Wayne in the State of Utah, or in the county of Penobscot in the 
State of Maine.

                       spending reduction account

    Sec. 454. The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2017''.
                                                 Union Calendar No. 491

114th CONGRESS

  2d Session

                               H. R. 5538

                          [Report No. 114-632]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2017, and 
                          for other purposes.

_______________________________________________________________________

                             June 21, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```