IB 

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. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

6 agencies for the fiscal year ending September 30, 2017, 

7 and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF THE INTERIOR 

10 BUREAU OF LAND MANAGEMENT

11 MANAGEMENT OF LANDS AND RESOURCES

12 For necessary expenses for protection, use, improve13 ment, development, disposal, cadastral surveying, classi14 fication, acquisition of easements and other interests in 

15 lands, and performance of other functions, including main16 tenance of facilities, as authorized by law, in the manage17 ment of lands and their resources under the jurisdiction 

18 of the Bureau of Land Management, including the general 

19 administration of the Bureau, and assessment of mineral 

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

21 Public Law 96–487 (16 U.S.C. 3150(a)), $1,081,922,000, 

22 to remain available until expended, including all such 

23 amounts as are collected from permit processing fees, as 

24 authorized but made subject to future appropriation by 

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


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

2 fees may be used for any bureau-related expenses associ3 ated with the processing of oil and gas applications for 

4 permits to drill and related use of authorizations; of which 

5 $3,000,000 shall be available in fiscal year 2017 subject 

6 to a match by at least an equal amount by the National 

7 Fish and Wildlife Foundation for cost-shared projects sup8 porting conservation of Bureau lands; and such funds 

9 shall be advanced to the Foundation as a lump-sum grant 

10 without regard to when expenses are incurred. 

11 In addition, $39,696,000 is for Mining Law Adminis12 tration program operations, including the cost of admin13 istering the mining claim fee program, to remain available 

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

15 Bureau and credited to this appropriation from mining 

16 claim maintenance fees and location fees that are hereby 

17 authorized for fiscal year 2017, so as to result in a final 

18 appropriation estimated at not more than $1,081,922,000, 

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

20 communication site rental fees established by the Bureau 

21 for the cost of administering communication site activities. 

22 LAND ACQUISITION

23 For expenses necessary to carry out sections 205, 

24 206, and 318(d) of Public Law 94–579, including admin25 istrative expenses and acquisition of lands or waters, or 


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1 interests therein, $19,400,000, to be derived from the 

2 Land and Water Conservation Fund and to remain avail3 able until expended. 

4 OREGON AND CALIFORNIA GRANT LANDS

5 For expenses necessary for management, protection, 

6 and development of resources and for construction, oper7 ation, and maintenance of access roads, reforestation, and 

8 other improvements on the revested Oregon and California 

9 Railroad grant lands, on other Federal lands in the Or10 egon and California land-grant counties of Oregon, and 

11 on adjacent rights-of-way; and acquisition of lands or in12 terests therein, including existing connecting roads on or 

13 adjacent to such grant lands; $106,985,000, to remain 

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

15 aggregate of all receipts during the current fiscal year 

16 from the revested Oregon and California Railroad grant 

17 lands is hereby made a charge against the Oregon and 

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

19 General Fund in the Treasury in accordance with the sec20 ond paragraph of subsection (b) of title II of the Act of 

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

22 RANGE IMPROVEMENTS

23 For rehabilitation, protection, and acquisition of 

24 lands and interests therein, and improvement of Federal 

25 rangelands pursuant to section 401 of the Federal Land 


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

2 notwithstanding any other Act, sums equal to 50 percent 

3 of all moneys received during the prior fiscal year under 

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

5 315b, 315m) and the amount designated for range im6 provements from grazing fees and mineral leasing receipts 

7 from Bankhead-Jones lands transferred to the Depart8 ment of the Interior pursuant to law, but not less than 

9 $10,000,000, to remain available until expended: Pro10 vided, That not to exceed $600,000 shall be available for 

11 administrative expenses. 

12 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

13 For administrative expenses and other costs related 

14 to processing application documents and other authoriza15 tions for use and disposal of public lands and resources, 

16 for costs of providing copies of official public land docu17 ments, for monitoring construction, operation, and termi18 nation of facilities in conjunction with use authorizations, 

19 and for rehabilitation of damaged property, such amounts 

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

21 1701 et seq.), and under section 28 of the Mineral Leasing 

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

23 Provided, That notwithstanding any provision to the con24 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

25 1735(a)), any moneys that have been or will be received 


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

2 compromise, or settlement, if not appropriate for refund 

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

4 1735(c)), shall be available and may be expended under 

5 the authority of this Act by the Secretary to improve, pro6 tect, or rehabilitate any public lands administered through 

7 the Bureau of Land Management which have been dam8 aged by the action of a resource developer, purchaser, per9 mittee, or any unauthorized person, without regard to 

10 whether all moneys collected from each such action are 

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

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

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

14 which funds were collected may be used to repair other 

15 damaged public lands. 

16 MISCELLANEOUS TRUST FUNDS

17 In addition to amounts authorized to be expended 

18 under existing laws, there is hereby appropriated such 

19 amounts as may be contributed under section 307 of Pub20 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

21 may be advanced for administrative costs, surveys, ap22 praisals, and costs of making conveyances of omitted lands 

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

24 remain available until expended. 


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1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Land Management may carry out the 

3 operations funded under this Act by direct expenditure, 

4 contracts, grants, cooperative agreements and reimburs5 able agreements with public and private entities, including 

6 with States. Appropriations for the Bureau shall be avail7 able for purchase, erection, and dismantlement of tem8 porary structures, and alteration and maintenance of nec9 essary buildings and appurtenant facilities to which the 

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

11 the discretion of the Secretary, for information or evidence 

12 concerning violations of laws administered by the Bureau; 

13 miscellaneous and emergency expenses of enforcement ac14 tivities authorized or approved by the Secretary and to be 

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

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

17 Law 90–620 (44 U.S.C. 501), the Bureau may, under co18 operative cost-sharing and partnership arrangements au19 thorized by law, procure printing services from cooperators 

20 in connection with jointly produced publications for which 

21 the cooperators share the cost of printing either in cash 

22 or in services, and the Bureau determines the cooperator 

23 is capable of meeting accepted quality standards: Provided 

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

25 commitment by a State government to provide an identiVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 fied amount of money in support of the project may be 

2 carried out by the Bureau on a reimbursable basis. Appro3 priations herein made shall not be available for the de4 struction of healthy, unadopted, wild horses and burros 

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

6 sale of wild horses and burros that results in their destruc7 tion for processing into commercial products: Provided 

8 further, That the Secretary shall approve any use of a 

9 right-of-way granted pursuant to the General Railroad 

10 Right-of-Way Act of 1875 (43 U.S.C. 934–939) if author11 ization of the use would have been considered under De12 partment policy to be within the scope of a railroad’s au13 thority as of the day before the effective date of the De14 partment’s Solicitor’s Opinion M–37025, issued on No15 vember 4, 2011. 

16 UNITED STATES FISH AND WILDLIFE SERVICE

17 RESOURCE MANAGEMENT

18 For necessary expenses of the United States Fish and 

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

20 and economic studies, general administration, and for the 

21 performance of other authorized functions related to such 

22 resources, $1,255,004,000, to remain available until Sep23 tember 30, 2018: Provided, That not to exceed 

24 $14,411,000 shall be used for implementing subsections 

25 (a), (b), (c), and (e) of section 4 of the Endangered SpeVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

2 petitions, developing and issuing proposed and final regu3 lations, and taking any other steps to implement actions 

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

5 (c)(2)(B)(ii)), of which not to exceed $1,501,000 shall be 

6 used for any activity regarding the designation of critical 

7 habitat, pursuant to subsection (a)(3), excluding litigation 

8 support, for species listed pursuant to subsection (a)(1) 

9 prior to October 1, 2015; of which not to exceed 

10 $1,501,000 shall be used for any activity regarding peti11 tions for species that are indigenous to the United States 

12 pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of 

13 which not to exceed $1,504,000 shall be used for imple14 menting subsections (a), (b), (c), and (e) of section 4 of 

15 the Endangered Species Act of 1973 (16 U.S.C. 1533) 

16 for species that are not indigenous to the United States. 

17 CONSTRUCTION

18 For construction, improvement, acquisition, or re19 moval of buildings and other facilities required in the con20 servation, management, investigation, protection, and uti21 lization of fish and wildlife resources, and the acquisition 

22 of lands and interests therein; $14,837,000, to remain 

23 available until expended. 


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1 LAND ACQUISITION

2 For expenses necessary to carry out chapter 2003 of 

3 title 54, United States Code, including administrative ex4 penses, and for acquisition of land or waters, or interest 

5 therein, in accordance with statutory authority applicable 

6 to the United States Fish and Wildlife Service, 

7 $50,300,000, to be derived from the Land and Water Con8 servation Fund and to remain available until expended, 

9 of which, notwithstanding section 200306 of title 54, 

10 United States Code, not more than $10,000,000 shall be 

11 for land conservation partnerships authorized by the 

12 Highlands Conservation Act of 2004, including not to ex13 ceed $320,000 for administrative expenses: Provided, That 

14 none of the funds appropriated for specific land acquisi15 tion projects may be used to pay for any administrative 

16 overhead, planning or other management costs. 

17 COOPERATIVE ENDANGERED SPECIES CONSERVATION

18 FUND

19 For expenses necessary to carry out section 6 of the 

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

21 $55,590,000, to remain available until expended, of which 

22 $24,790,000 is to be derived from the Cooperative Endan23 gered Species Conservation Fund; and of which 

24 $30,800,000 is to be derived from the Land and Water 

25 Conservation Fund. 


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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions 

3 of the North American Wetlands Conservation Act (16 

4 U.S.C. 4401 et seq.), $37,645,000, to remain available 

5 until expended. 

6 NEOTROPICAL MIGRATORY BIRD CONSERVATION

7 For expenses necessary to carry out the Neotropical 

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

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

10 MULTINATIONAL SPECIES CONSERVATION FUND

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

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

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

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

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

18 et seq.), $11,061,000, to remain available until expended. 

19 STATE AND TRIBAL WILDLIFE GRANTS

20 For wildlife conservation grants to States and to the 

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

22 States Virgin Islands, the Northern Mariana Islands, 

23 American Samoa, and Indian tribes under the provisions 

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

25 Wildlife Coordination Act, for the development and impleVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 mentation of programs for the benefit of wildlife and their 

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

3 $62,571,000, to remain available until expended: Pro4 vided, That of the amount provided herein, $4,334,000 is 

5 for a competitive grant program for Indian tribes not sub6 ject to the remaining provisions of this appropriation: Pro7 vided further, That $7,237,000 is for a competitive grant 

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

11 agencies, not subject to the remaining provisions of this 

12 appropriation: Provided further, That the Secretary shall, 

13 after deducting $11,571,000 and administrative expenses, 

14 apportion the amount provided herein in the following 

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

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

18 American Samoa, the United States Virgin Islands, and 

19 the Commonwealth of the Northern Mariana Islands, each 

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

21 thereof: Provided further, That the Secretary shall appor22 tion the remaining amount in the following manner: (1) 

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

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

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


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

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

3 amounts apportioned under this paragraph shall be ad4 justed equitably so that no State shall be apportioned a 

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

6 for apportionment under this paragraph for any fiscal year 

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

8 That the Federal share of planning grants shall not exceed 

9 75 percent of the total costs of such projects and the Fed10 eral share of implementation grants shall not exceed 65 

11 percent of the total costs of such projects: Provided fur12 ther, That the non-Federal share of such projects may not 

13 be derived from Federal grant programs: Provided further, 

14 That any amount apportioned in 2017 to any State, terri15 tory, or other jurisdiction that remains unobligated as of 

16 September 30, 2018, shall be reapportioned, together with 

17 funds appropriated in 2019, in the manner provided here18 in. 

19 ADMINISTRATIVE PROVISIONS

20 The United States Fish and Wildlife Service may 

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

23 reimbursable agreements with public and private entities. 

24 Appropriations and funds available to the United States 

25 Fish and Wildlife Service shall be available for repair of 


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1 damage to public roads within and adjacent to reservation 

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

3 purchase of land at not to exceed $1 for each option; facili4 ties incident to such public recreational uses on conserva5 tion areas as are consistent with their primary purpose; 

6 and the maintenance and improvement of aquaria, build7 ings, and other facilities under the jurisdiction of the Serv8 ice and to which the United States has title, and which 

9 are used pursuant to law in connection with management, 

10 and investigation of fish and wildlife resources: Provided, 

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

12 under cooperative cost sharing and partnership arrange13 ments authorized by law, procure printing services from 

14 cooperators in connection with jointly produced publica15 tions for which the cooperators share at least one-half the 

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

17 determines the cooperator is capable of meeting accepted 

18 quality standards: Provided further, That the Service may 

19 accept donated aircraft as replacements for existing air20 craft: Provided further, That notwithstanding 31 U.S.C. 

21 3302, all fees collected for non-toxic shot review and ap22 proval shall be deposited under the heading ‘‘United 

23 States Fish and Wildlife Service—Resource Management’’ 

24 and shall be available to the Secretary, without further 

25 appropriation, to be used for expenses of processing of 


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1 such non-toxic shot type or coating applications and revis2 ing regulations as necessary, and shall remain available 

3 until expended: Provided further, that none of the funds 

4 made available to the Service by this Act may be used 

5 to close or otherwise terminate operations of any of the 

6 90 units of the National Fish Hatchery System. 

7 NATIONAL PARK SERVICE

8 OPERATION OF THE NATIONAL PARK SYSTEM

9 For expenses necessary for the management, oper10 ation, and maintenance of areas and facilities adminis11 tered by the National Park Service and for the general 

12 administration of the National Park Service, 

13 $2,435,047,000, of which $10,032,000 for planning and 

14 interagency coordination in support of Everglades restora15 tion and $134,461,000 for maintenance, repair, or reha16 bilitation projects for constructed assets shall remain 

17 available until September 30, 2018: Provided, That funds 

18 appropriated under this heading in this Act are available 

19 for the purposes of section 5 of Public Law 95–348. 

20 NATIONAL RECREATION AND PRESERVATION

21 For expenses necessary to carry out recreation pro22 grams, natural programs, cultural programs, heritage 

23 partnership programs, environmental compliance and re24 view, international park affairs, and grant administration, 

25 not otherwise provided for, $62,632,000. 


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1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the National 

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

4 54, United States Code), $78,410,000, to be derived from 

5 the Historic Preservation Fund and to remain available 

6 until September 30, 2018, of which $5,000,000 shall be 

7 for Save America’s Treasures grants for preservation of 

8 national significant sites, structures, and artifacts as au9 thorized by section 7303 of the Omnibus Public Land 

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

11 That an individual Save America’s Treasures grant shall 

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

13 individual projects shall only be eligible for one grant: Pro14 vided further, That all projects to be funded shall be ap15 proved by the Secretary of the Interior in consultation 

16 with the House and Senate Committees on Appropria17 tions: Provided further, That of the funds provided for the 

18 Historic Preservation Fund, $500,000 is for competitive 

19 grants for the survey and nomination of properties to the 

20 National Register of Historic Places and as National His21 toric Landmarks associated with communities currently 

22 underrepresented, as determined by the Secretary, 

23 $11,000,000 is for competitive grants to preserve the sites 

24 and stories of the Civil Rights movement, and $3,000,000 

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1 sities: Provided further, That such competitive grants shall 

2 be made without imposing the matching requirements in 

3 section 302902(b)(3) of title 54, United States Code to 

4 States and Indian tribes as defined in chapter 3003 of 

5 such title, Native Hawaiian organizations, local govern6 ments, including Certified Local Governments, and non7 profit organizations. 

8 CONSTRUCTION

9 For construction, improvements, repair, or replace10 ment of physical facilities, and compliance and planning 

11 for programs and areas administered by the National 

12 Park Service, $215,707,000, to remain available until ex13 pended: Provided, That notwithstanding any other provi14 sion of law, for any project initially funded in fiscal year 

15 2017 with a future phase indicated in the National Park 

16 Service 5–Year Line Item Construction Plan, a single pro17 curement may be issued which includes the full scope of 

18 the project: Provided further, That the solicitation and 

19 contract shall contain the clause availability of funds 

20 found at 48 CFR 52.232–18: Provided further, That Na21 tional Park Service Donations, Park Concessions Fran22 chise Fees, and Recreation Fees may be made available 

23 for the cost of adjustments and changes within the origi24 nal scope of effort for projects funded by the National 

25 Park Service Construction appropriation: Provided further, 


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1 That the Secretary of the Interior shall consult with the 

2 Committees on Appropriations, in accordance with current 

3 reprogramming thresholds, prior to making any charges 

4 authorized by this section. 

5 LAND AND WATER CONSERVATION FUND

6 (RESCISSION)

7 The contract authority provided for fiscal year 2017 

8 by section 200308 of title 54, United States Code, is re9 scinded. 

10 LAND ACQUISITION AND STATE ASSISTANCE

11 For expenses necessary to carry out chapter 2003 of 

12 title 54, United States Code, including administrative ex13 penses, and for acquisition of lands or waters, or interest 

14 therein, in accordance with the statutory authority appli15 cable to the National Park Service, $128,752,000, to be 

16 derived from the Land and Water Conservation Fund and 

17 to remain available until expended, of which $80,000,000 

18 is for the State assistance program and of which 

19 $10,000,000 shall be for the American Battlefield Protec20 tion Program grants as authorized by chapter 3081 of title 

21 54, United States Code. 

22 CENTENNIAL CHALLENGE

23 For expenses necessary to carry out the provisions 

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

25 to challenge cost share agreements, $30,000,000, to reVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 main available until expended, for Centennial Challenge 

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

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

4 be derived from non-Federal sources in the form of do5 nated cash, assets, or a pledge of donation guaranteed by 

6 an irrevocable letter of credit. 

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 In addition to other uses set forth in section 

10 101917(c)(2) of title 54, United States Code, franchise 

11 fees credited to a sub-account shall be available for ex12 penditure by the Secretary, without further appropriation, 

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

14 extinguish or reduce liability for Possessory Interest or 

15 leasehold surrender interest. Such funds may only be used 

16 for this purpose to the extent that the benefitting unit an17 ticipated franchise fee receipts over the term of the con18 tract at that unit exceed the amount of funds used to ex19 tinguish or reduce liability. Franchise fees at the benefit20 ting unit shall be credited to the sub-account of the origi21 nating unit over a period not to exceed the term of a single 

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

23 so expended to extinguish or reduce liability. 

24 For the costs of administration of the Land and 

25 Water Conservation Fund grants authorized by section 


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1 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

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

3 may retain up to 3 percent of the amounts which are au4 thorized to be disbursed under such section, such retained 

5 amounts to remain available until expended. 

6 National Park Service funds may be transferred to 

7 the Federal Highway Administration (FHWA), Depart8 ment of Transportation, for purposes authorized under 23 

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

10 for FHWA administrative support costs. 

11 UNITED STATES GEOLOGICAL SURVEY

12 SURVEYS, INVESTIGATIONS, AND RESEARCH

13 For expenses necessary for the United States Geo14 logical Survey to perform surveys, investigations, and re15 search covering topography, geology, hydrology, biology, 

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

17 its territories and possessions, and other areas as author18 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

19 to their mineral and water resources; give engineering su20 pervision to power permittees and Federal Energy Regu21 latory Commission licensees; administer the minerals ex22 ploration program (30 U.S.C. 641); conduct inquiries into 

23 the economic conditions affecting mining and materials 

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

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


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1 and to publish and disseminate data relative to the fore2 going activities; $1,080,006,000, to remain available until 

3 September 30, 2018; of which $63,637,189 shall remain 

4 available until expended for satellite operations; and of 

5 which $7,280,000 shall be available until expended for de6 ferred maintenance and capital improvement projects that 

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

8 provided for the ecosystem research activity shall be used 

9 to conduct new surveys on private property, unless specifi10 cally authorized in writing by the property owner: Pro11 vided further, That no part of this appropriation shall be 

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

13 mapping or water resources data collection and investiga14 tions carried on in cooperation with States and municipali15 ties. 

16 ADMINISTRATIVE PROVISIONS

17 From within the amount appropriated for activities 

18 of the United States Geological Survey such sums as are 

19 necessary shall be available for contracting for the fur20 nishing of topographic maps and for the making of geo21 physical or other specialized surveys when it is administra22 tively determined that such procedures are in the public 

23 interest; construction and maintenance of necessary build24 ings and appurtenant facilities; acquisition of lands for 

25 gauging stations and observation wells; expenses of the 


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1 United States National Committee for Geological 

2 Sciences; and payment of compensation and expenses of 

3 persons employed by the Survey duly appointed to rep4 resent the United States in the negotiation and adminis5 tration of interstate compacts: Provided, That activities 

6 funded by appropriations herein made may be accom7 plished through the use of contracts, grants, or coopera8 tive agreements as defined in section 6302 of title 31, 

9 United States Code: Provided further, That the United 

10 States Geological Survey may enter into contracts or coop11 erative agreements directly with individuals or indirectly 

12 with institutions or nonprofit organizations, without re13 gard to 41 U.S.C. 6101, for the temporary or intermittent 

14 services of students or recent graduates, who shall be con15 sidered employees for the purpose of chapters 57 and 81 

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

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

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

19 be considered to be Federal employees for any other pur20 poses. 

21 BUREAU OF OCEAN ENERGY MANAGEMENT

22 OCEAN ENERGY MANAGEMENT

23 For expenses necessary for granting leases, ease24 ments, rights-of-way and agreements for use for oil and 

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


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1 on the Outer Continental Shelf and approving operations 

2 related thereto, as authorized by law; for environmental 

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

4 and to the extent provided by Presidential or Secretarial 

5 delegation; and for matching grants or cooperative agree6 ments, $169,306,000, of which $74,362,000, is to remain 

7 available until September 30, 2018, and of which 

8 $94,944,000 is to remain available until expended: Pro9 vided, That this total appropriation shall be reduced by 

10 amounts collected by the Secretary and credited to this 

11 appropriation from additions to receipts resulting from in12 creases to lease rental rates in effect on August 5, 1993, 

13 and from cost recovery fees from activities conducted by 

14 the Bureau of Ocean Energy Management pursuant to the 

15 Outer Continental Shelf Lands Act, including studies, as16 sessments, analysis, and miscellaneous administrative ac17 tivities: Provided further, That the sum herein appro18 priated shall be reduced as such collections are received 

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

20 2017 appropriation estimated at not more than 

21 $74,362,000: Provided further, That not to exceed $3,000 

22 shall be available for reasonable expenses related to pro23 moting volunteer beach and marine cleanup activities. 


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1 BUREAU OF SAFETY AND ENVIRONMENTAL

2 ENFORCEMENT

3 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

4 (INCLUDING RESCISSION OF FUNDS)

5 For expenses necessary for the regulation of oper6 ations related to leases, easements, rights-of-way and 

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

8 and marine-related purposes on the Outer Continental 

9 Shelf, as authorized by law; for enforcing and imple10 menting laws and regulations as authorized by law and 

11 to the extent provided by Presidential or Secretarial dele12 gation; and for matching grants or cooperative agree13 ments, $136,968,000, of which $93,438,000 is to remain 

14 available until September 30, 2018, and of which 

15 $43,530,000 is to remain available until expended: Pro16 vided, That this total appropriation shall be reduced by 

17 amounts collected by the Secretary and credited to this 

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

20 and from cost recovery fees from activities conducted by 

21 the Bureau of Safety and Environmental Enforcement 

22 pursuant to the Outer Continental Shelf Lands Act, in23 cluding studies, assessments, analysis, and miscellaneous 

24 administrative activities: Provided further, That the sum 

25 herein appropriated shall be reduced as such collections 


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

2 final fiscal year 2017 appropriation estimated at not more 

3 than $93,438,000. 

4 For an additional amount, $53,000,000, to remain 

5 available until expended, to be reduced by amounts col6 lected by the Secretary and credited to this appropriation, 

7 which shall be derived from non-refundable inspection fees 

8 collected in fiscal year 2017, as provided in this Act: Pro9 vided, That to the extent that amounts realized from such 

10 inspection fees exceed $53,000,000, the amounts realized 

11 in excess of $53,000,000 shall be credited to this appro12 priation and remain available until expended: Provided 

13 further, That for fiscal year 2017, not less than 50 percent 

14 of the inspection fees expended by the Bureau of Safety 

15 and Environmental Enforcement will be used to fund per16 sonnel and mission-related costs to expand capacity and 

17 expedite the orderly development, subject to environmental 

18 safeguards, of the Outer Continental Shelf pursuant to the 

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

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

21 drill. 

22 Of the unobligated balances available for this ac23 count, $20,000,000 are permanently rescinded. 


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1 OIL SPILL RESEARCH

2 For necessary expenses to carry out title I, section 

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

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

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

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions 

11 of the Surface Mining Control and Reclamation Act of 

12 1977, Public Law 95–87, $119,300,000, to remain avail13 able until September 30, 2018: Provided, That appropria14 tions for the Office of Surface Mining Reclamation and 

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

17 Surface Mining Reclamation and Enforcement sponsored 

18 training. 

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

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

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


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1 Provided further, That the sum herein appropriated from 

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

4 year 2017 appropriation estimated at not more than 

5 $119,300,000. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the 

8 Surface Mining Control and Reclamation Act of 1977, 

9 Public Law 95–87, $27,303,000, to be derived from re10 ceipts of the Abandoned Mine Reclamation Fund and to 

11 remain available until expended: Provided, That pursuant 

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

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

14 the delinquent debt owed to the United States Government 

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

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

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

21 from abandoned mines: Provided further, That such 

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

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


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1 State and tribal personnel attending Office of Surface 

2 Mining Reclamation and Enforcement sponsored training. 

3 In addition, $90,000,000, to remain available until 

4 expended, for grants to States for reclamation of aban5 doned mine lands and other related activities in accord6 ance with the terms and conditions in the report accom7 panying this Act: Provided, That such additional amount 

8 shall be used for economic and community development 

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

10 Surface Mining Control and Reclamation Act of 1977 (30 

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

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

13 amounts to the 3 Appalachian States with the greatest 

14 amount of unfunded needs to meet the priorities described 

15 in paragraphs (1) and (2) of such section, and 

16 $15,000,000 shall be distributed in equal amounts to the 

17 3 Appalachian States with the subsequent greatest 

18 amount of unfunded needs to meet such priorities: Pro19 vided further, That such additional amount shall be allo20 cated to States within 60 days after the date of enactment 

21 of this Act. 


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1 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

2 EDUCATION

3 OPERATION OF INDIAN PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses necessary for the operation of Indian 

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

7 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De8 termination and Education Assistance Act of 1975 (25 

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

10 (25 U.S.C. 2001–2019), and the Tribally Controlled 

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

12 $2,335,635,000, to remain available until September 30, 

13 2018, except as otherwise provided herein; of which not 

14 to exceed $8,500 may be for official reception and rep15 resentation expenses; of which not to exceed $74,773,000 

16 shall be for welfare assistance payments: Provided, That 

17 in cases of designated Federal disasters, the Secretary 

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

19 to provide for disaster relief to Indian communities af20 fected by the disaster: Provided further, That federally rec21 ognized Indian tribes and tribal organizations of federally 

22 recognized Indian tribes may use their tribal priority allo23 cations for unmet welfare assistance costs: Provided fur24 ther, That not to exceed $652,282,000 for school oper25 ations costs of Bureau-funded schools and other education 


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1 programs shall become available on July 1, 2017, and 

2 shall remain available until September 30, 2018: Provided 

3 further, That not to exceed $48,815,000 shall remain 

4 available until expended for housing improvement, road 

5 maintenance, attorney fees, litigation support, land 

6 records improvement, and the Navajo-Hopi Settlement 

7 Program: Provided further, That notwithstanding any 

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

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

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

11 of 1978 (25 U.S.C. 2008), not to exceed $75,335,000 

12 within and only from such amounts made available for 

13 school operations shall be available for administrative cost 

14 grants associated with grants approved prior to July 1, 

15 2017: Provided further, That any forestry funds allocated 

16 to a federally recognized tribe which remain unobligated 

17 as of September 30, 2018, may be transferred during fis18 cal year 2019 to an Indian forest land assistance account 

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

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

21 any such unobligated balances not so transferred shall ex22 pire on September 30, 2019: Provided further, That in 

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

24 Bureau may use funds to purchase uniforms or other iden25 tifying articles of clothing for personnel. 


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1 CONTRACT SUPPORT COSTS

2 For payments to tribes and tribal organizations for 

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

5 the Bureau of Indian Affairs for fiscal year 2017, such 

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

7 obligation through September 30, 2018: Provided, That 

8 notwithstanding any other provision of law, no amounts 

9 made available under this heading shall be available for 

10 transfer to another budget account. 

11 CONSTRUCTION

12 (INCLUDING TRANSFER OF FUNDS)

13 For construction, repair, improvement, and mainte14 nance of irrigation and power systems, buildings, utilities, 

15 and other facilities, including architectural and engineer16 ing services by contract; acquisition of lands, and interests 

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

18 construction of the Navajo Indian Irrigation Project pur19 suant to Public Law 87–483, $197,017,000, to remain 

20 available until expended: Provided, That such amounts as 

21 may be available for the construction of the Navajo Indian 

22 Irrigation Project may be transferred to the Bureau of 

23 Reclamation: Provided further, That not to exceed 6 per24 cent of contract authority available to the Bureau of In25 dian Affairs from the Federal Highway Trust Fund may 


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1 be used to cover the road program management costs of 

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

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

4 shall be made available on a nonreimbursable basis: Pro5 vided further, That for fiscal year 2017, in implementing 

6 new construction, replacement facilities construction, or 

7 facilities improvement and repair project grants in excess 

8 of $100,000 that are provided to grant schools under Pub9 lic Law 100–297, the Secretary of the Interior shall use 

10 the Administrative and Audit Requirements and Cost 

11 Principles for Assistance Programs contained in 43 CFR 

12 part 12 as the regulatory requirements: Provided further, 

13 That such grants shall not be subject to section 12.61 of 

14 43 CFR; the Secretary and the grantee shall negotiate and 

15 determine a schedule of payments for the work to be per16 formed: Provided further, That in considering grant appli17 cations, the Secretary shall consider whether such grantee 

18 would be deficient in assuring that the construction 

19 projects conform to applicable building standards and 

20 codes and Federal, tribal, or State health and safety 

21 standards as required by 25 U.S.C. 2005(b), with respect 

22 to organizational and financial management capabilities: 

23 Provided further, That if the Secretary declines a grant 

24 application, the Secretary shall follow the requirements 

25 contained in 25 U.S.C. 2504(f): Provided further, That 


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1 any disputes between the Secretary and any grantee con2 cerning a grant shall be subject to the disputes provision 

3 in 25 U.S.C. 2507(e): Provided further, That in order to 

4 ensure timely completion of construction projects, the Sec5 retary may assume control of a project and all funds re6 lated to the project, if, within 18 months of the date of 

7 enactment of this Act, any grantee receiving funds appro8 priated in this Act or in any prior Act, has not completed 

9 the planning and design phase of the project and com10 menced construction: Provided further, That this appro11 priation may be reimbursed from the Office of the Special 

12 Trustee for American Indians appropriation for the appro13 priate share of construction costs for space expansion 

14 needed in agency offices to meet trust reform implementa15 tion. 

16 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

17 MISCELLANEOUS PAYMENTS TO INDIANS

18 For payments and necessary administrative expenses 

19 for implementation of Indian land and water claim settle20 ments pursuant to Public Laws 99–264, 100–580, 101– 

21 618, 111–11, and 111–291, and for implementation of 

22 other land and water rights settlements, $49,025,000, to 

23 remain available until expended. 


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1 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

2 For the cost of guaranteed loans and insured loans, 

3 $8,757,000, of which $1,182,000 is for administrative ex4 penses, as authorized by the Indian Financing Act of 

5 1974: Provided, That such costs, including the cost of 

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

7 of the Congressional Budget Act of 1974: Provided fur8 ther, That these funds are available to subsidize total loan 

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

10 not to exceed $120,050,595. 

11 ADMINISTRATIVE PROVISIONS

12 The Bureau of Indian Affairs may carry out the oper13 ation of Indian programs by direct expenditure, contracts, 

14 cooperative agreements, compacts, and grants, either di15 rectly or in cooperation with States and other organiza16 tions. 

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

18 Affairs may contract for services in support of the man19 agement, operation, and maintenance of the Power Divi20 sion of the San Carlos Irrigation Project. 

21 Notwithstanding any other provision of law, no funds 

22 available to the Bureau of Indian Affairs for central office 

23 oversight and Executive Direction and Administrative 

24 Services (except executive direction and administrative 

25 services funding for Tribal Priority Allocations, regional 


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1 offices, and facilities operations and maintenance) shall be 

2 available for contracts, grants, compacts, or cooperative 

3 agreements with the Bureau of Indian Affairs under the 

4 provisions of the Indian Self-Determination Act or the 

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

6 413). 

7 In the event any tribe returns appropriations made 

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

9 action shall not diminish the Federal Government’s trust 

10 responsibility to that tribe, or the government-to-govern11 ment relationship between the United States and that 

12 tribe, or that tribe’s ability to access future appropria13 tions. 

14 Notwithstanding any other provision of law, no funds 

15 available to the Bureau of Indian Education, other than 

16 the amounts provided herein for assistance to public 

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

18 support the operation of any elementary or secondary 

19 school in the State of Alaska. 

20 No funds available to the Bureau of Indian Edu21 cation shall be used to support expanded grades for any 

22 school or dormitory beyond the grade structure in place 

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

24 in the Bureau of Indian Education school system as of 

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


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1 may waive this prohibition to support expansion of up to 

2 one additional grade when the Secretary determines such 

3 waiver is needed to support accomplishment of the mission 

4 of the Bureau of Indian Education. Appropriations made 

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

6 the Bureau shall be available, in accordance with the Bu7 reau’s funding formula, only to the schools in the Bureau 

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

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

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

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

12 that term is defined in section 1141 of the Education 

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

14 charter school that is in existence on the date of the enact15 ment of this Act and that has operated at a Bureau-fund16 ed school before September 1, 1999, may continue to oper17 ate during that period, but only if the charter school pays 

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

19 Bureau for the use of the real and personal property (in20 cluding buses and vans), the funds of the charter school 

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

22 Bureau does not assume any obligation for charter school 

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

24 the charter school loses such funding. Employees of Bu25 reau-funded schools sharing a campus with a charter 


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1 school and performing functions related to the charter 

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

3 not be treated as Federal employees for purposes of chap4 ter 171 of title 28, United States Code. 

5 Notwithstanding any other provision of law, including 

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

7 113, if in fiscal year 2003 or 2004 a grantee received indi8 rect and administrative costs pursuant to a distribution 

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

10 Secretary shall continue to distribute indirect and admin11 istrative cost funds to such grantee using the section 5(f) 

12 distribution formula. 

13 Funds available under this Act may not be used to 

14 establish satellite locations of schools in the Bureau school 

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

16 may waive this prohibition in order for an Indian tribe 

17 to provide language and cultural immersion educational 

18 programs for non-public schools located within the juris19 dictional area of the tribal government which exclusively 

20 serve tribal members, do not include grades beyond those 

21 currently served at the existing Bureau-funded school, 

22 provide an educational environment with educator pres23 ence and academic facilities comparable to the Bureau24 funded school, comply with all applicable Tribal, Federal, 

25 or State health and safety standards, and the Americans 


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1 with Disabilities Act, and demonstrate the benefits of es2 tablishing operations at a satellite location in lieu of incur3 ring extraordinary costs, such as for transportation or 

4 other impacts to students such as those caused by busing 

5 students extended distances: Provided, That no funds 

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

7 maintenance, rehabilitation, construction or other facili8 ties-related costs for such assets that are not owned by 

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

10 school’’ means a school location physically separated from 

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

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

13 DEPARTMENTAL OFFICES

14 OFFICE OF THE SECRETARY

15 DEPARTMENTAL OPERATIONS

16 For necessary expenses for management of the De17 partment of the Interior, including the collection and dis18 bursement of royalties, fees, and other mineral revenue 

19 proceeds, and for grants and cooperative agreements, as 

20 authorized by law, $749,422,000, to remain available until 

21 September 30, 2018; of which not to exceed $15,000 may 

22 be for official reception and representation expenses; and 

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

24 compensation payments and unemployment compensation 

25 payments associated with the orderly closure of the United 


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1 States Bureau of Mines; and of which $10,000,000 for 

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

3 Land and Water Conservation Fund and shall remain 

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

5 remain available until expended for the purpose of mineral 

6 revenue management activities: Provided, That notwith7 standing any other provision of law, $15,000 under this 

8 heading shall be available for refunds of overpayments in 

9 connection with certain Indian leases in which the Sec10 retary concurred with the claimed refund due, to pay 

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

12 prior unrecoverable erroneous payments. 

13 ADMINISTRATIVE PROVISIONS

14 For fiscal year 2017, up to $400,000 of the payments 

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

16 6901–6907) may be retained for administrative expenses 

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

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

19 otherwise eligible units of local government if the com20 puted amount of the payment is less than $100: Provided 

21 further, That the Secretary may reduce the payment au22 thorized by 31 U.S.C. 6901–6907 for an individual county 

23 by the amount necessary to correct prior year overpay24 ments to that county: Provided further, That the amount 

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1 vidual county shall be paid from any reductions for over2 payments to other counties and the amount necessary to 

3 cover any remaining underpayment is hereby appropriated 

4 and shall be paid to individual counties: Provided further, 

5 That of the total amount made available by this title for 

6 ‘‘Office of the Secretary—Departmental Operations’’, 

7 $480,000,000 shall be available to the Secretary of the 

8 Interior for fiscal year 2017 for payments in lieu of taxes 

9 under chapter 69 of title 31, United States Code. 

10 INSULAR AFFAIRS

11 ASSISTANCE TO TERRITORIES

12 For expenses necessary for assistance to territories 

13 under the jurisdiction of the Department of the Interior 

14 and other jurisdictions identified in section 104(e) of Pub15 lic Law 108–188, $86,976,000, of which: (1) $77,528,000 

16 shall remain available until expended for territorial assist17 ance, including general technical assistance, maintenance 

18 assistance, disaster assistance, coral reef initiative activi19 ties, and brown tree snake control and research; grants 

20 to the judiciary in American Samoa for compensation and 

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

22 grants to the Government of American Samoa, in addition 

23 to current local revenues, for construction and support of 

24 governmental functions; grants to the Government of the 

25 Virgin Islands as authorized by law; grants to the GovernVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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

2 Government of the Northern Mariana Islands as author3 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 

4 $9,448,000 shall be available until September 30, 2018, 

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

6 Provided, That all financial transactions of the territorial 

7 and local governments herein provided for, including such 

8 transactions of all agencies or instrumentalities estab9 lished or used by such governments, may be audited by 

10 the Government Accountability Office, at its discretion, in 

11 accordance with chapter 35 of title 31, United States 

12 Code: Provided further, That Northern Mariana Islands 

13 Covenant grant funding shall be provided according to 

14 those terms of the Agreement of the Special Representa15 tives on Future United States Financial Assistance for the 

16 Northern Mariana Islands approved by Public Law 104– 

17 134: Provided further, That the funds for the program of 

18 operations and maintenance improvement are appro19 priated to institutionalize routine operations and mainte20 nance improvement of capital infrastructure with terri21 torial participation and cost sharing to be determined by 

22 the Secretary based on the grantee’s commitment to time23 ly maintenance of its capital assets: Provided further, That 

24 any appropriation for disaster assistance under this head25 ing in this Act or previous appropriations Acts may be 


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

2 hazard mitigation grants provided pursuant to section 404 

3 of the Robert T. Stafford Disaster Relief and Emergency 

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

5 COMPACT OF FREE ASSOCIATION

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

7 remain available until expended, as provided for in sec8 tions 221(a)(2) and 233 of the Compact of Free Associa9 tion for the Republic of Palau; and section 221(a)(2) of 

10 the Compacts of Free Association for the Government of 

11 the Republic of the Marshall Islands and the Federated 

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

13 658 and Public Law 108–188. 

14 ADMINISTRATIVE PROVISIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 At the request of the Governor of Guam, the Sec17 retary may transfer discretionary funds or mandatory 

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

19 188 and Public Law 104–134, that are allocated for 

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

21 of direct or guaranteed loans, plus not to exceed three per22 cent of the amount of the subsidy transferred for the cost 

23 of loan administration, for the purposes authorized by the 

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

25 of the Consolidated Farm and Rural Development Act for 


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1 construction and repair projects in Guam, and such funds 

2 shall remain available until expended: Provided, That such 

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

4 as defined in section 502 of the Congressional Budget Act 

5 of 1974: Provided further, That such loans or loan guaran6 tees may be made without regard to the population of the 

7 area, credit elsewhere requirements, and restrictions on 

8 the types of eligible entities under the Rural Electrifica9 tion Act of 1936 and section 306(a)(1) of the Consolidated 

10 Farm and Rural Development Act: Provided further, That 

11 any funds transferred to the Secretary of Agriculture shall 

12 be in addition to funds otherwise made available to make 

13 or guarantee loans under such authorities. 

14 OFFICE OF THE SOLICITOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Solicitor, 

17 $65,800,000. 

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector 

21 General, $50,047,000. 


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1 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

2 INDIANS

3 FEDERAL TRUST PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the operation of trust programs for Indians by 

6 direct expenditure, contracts, cooperative agreements, 

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

8 until expended, of which not to exceed $18,688,000 from 

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

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

18 grants obligated during fiscal year 2017, as authorized by 

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

20 et seq.), shall remain available until expended by the con21 tractor or grantee: Provided further, That notwithstanding 

22 any other provision of law, the Secretary shall not be re23 quired to provide a quarterly statement of performance for 

24 any Indian trust account that has not had activity for at 

25 least 15 months and has a balance of $15 or less: Provided 


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1 further, That the Secretary shall issue an annual account 

2 statement and maintain a record of any such accounts and 

3 shall permit the balance in each such account to be with4 drawn upon the express written request of the account 

5 holder: Provided further, That not to exceed $50,000 is 

6 available for the Secretary to make payments to correct 

7 administrative errors of either disbursements from or de8 posits to Individual Indian Money or Tribal accounts after 

9 September 30, 2002: Provided further, That erroneous 

10 payments that are recovered shall be credited to and re11 main available in this account for this purpose: Provided 

12 further, That the Secretary shall not be required to rec13 oncile Special Deposit Accounts with a balance of less than 

14 $500 unless the Office of the Special Trustee receives 

15 proof of ownership from a Special Deposit Accounts claim16 ant: Provided further, That notwithstanding section 102 

17 of the American Indian Trust Fund Management Reform 

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

19 of law, the Secretary may aggregate the trust accounts 

20 of individuals whose whereabouts are unknown for a con21 tinuous period of at least five years and shall not be re22 quired to generate periodic statements of performance for 

23 the individual accounts: Provided further, That with re24 spect to the eighth proviso, the Secretary shall continue 

25 to maintain sufficient records to determine the balance of 


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1 the individual accounts, including any accrued interest and 

2 income, and such funds shall remain available to the indi3 vidual account holders. 

4 DEPARTMENT-WIDE PROGRAMS

5 WILDLAND FIRE MANAGEMENT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses for fire preparedness, fire 

8 suppression operations, fire science and research, emer9 gency rehabilitation, fuels management activities, and 

10 rural fire assistance by the Department of the Interior, 

11 $851,945,000, to remain available until expended, of 

12 which not to exceed $10,000,000 shall be for the renova13 tion or construction of fire facilities: Provided, That such 

14 funds are also available for repayment of advances to 

15 other appropriation accounts from which funds were pre16 viously transferred for such purposes: Provided further, 

17 That of the funds provided $180,000,000 is for hazardous 

18 fuels management activities: Provided further, That of the 

19 funds provided $20,470,000 is for burned area rehabilita20 tion: Provided further, That persons hired pursuant to 43 

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

22 without cost from funds available from this appropriation: 

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

24 sums received by a bureau or office of the Department 

25 of the Interior for fire protection rendered pursuant to 42 


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

2 may be credited to the appropriation from which funds 

3 were expended to provide that protection, and are avail4 able without fiscal year limitation: Provided further, That 

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

6 the Secretary of the Interior may enter into procurement 

7 contracts, grants, or cooperative agreements, for fuels 

8 management and resilient landscapes activities, and for 

9 training and monitoring associated with such fuels man10 agement and resilient landscapes activities, on Federal 

11 land, or on adjacent non-Federal land for activities that 

12 benefit resources on Federal land: Provided further, That 

13 the costs of implementing any cooperative agreement be14 tween the Federal Government and any non-Federal entity 

15 may be shared, as mutually agreed on by the affected par16 ties: Provided further, That notwithstanding requirements 

17 of the Competition in Contracting Act, the Secretary, for 

18 purposes of fuels management and resilient landscapes ac19 tivities, may obtain maximum practicable competition 

20 among: (1) local private, nonprofit, or cooperative entities; 

21 (2) Youth Conservation Corps crews, Public Lands Corps 

22 (Public Law 109–154), or related partnerships with State, 

23 local, or nonprofit youth groups; (3) small or micro-busi24 nesses; or (4) other entities that will hire or train locally 

25 a significant percentage, defined as 50 percent or more, 


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1 of the project workforce to complete such contracts: Pro2 vided further, That in implementing this section, the Sec3 retary shall develop written guidance to field units to en4 sure accountability and consistent application of the au5 thorities provided herein: Provided further, That funds ap6 propriated under this heading may be used to reimburse 

7 the United States Fish and Wildlife Service and the Na8 tional Marine Fisheries Service for the costs of carrying 

9 out their responsibilities under the Endangered Species 

10 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con11 ference, as required by section 7 of such Act, in connection 

12 with wildland fire management activities: Provided further, 

13 That the Secretary of the Interior may use wildland fire 

14 appropriations to enter into leases of real property with 

15 local governments, at or below fair market value, to con16 struct capitalized improvements for fire facilities on such 

17 leased properties, including but not limited to fire guard 

18 stations, retardant stations, and other initial attack and 

19 fire support facilities, and to make advance payments for 

20 any such lease or for construction activity associated with 

21 the lease: Provided further, That the Secretary of the Inte22 rior and the Secretary of Agriculture may authorize the 

23 transfer of funds appropriated for wildland fire manage24 ment, in an aggregate amount not to exceed $50,000,000, 

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1 cilitate and expedite wildland fire management programs 

2 and projects: Provided further, That funds provided for 

3 wildfire suppression shall be available for support of Fed4 eral emergency response actions: Provided further, That 

5 funds appropriated under this heading shall be available 

6 for assistance to or through the Department of State in 

7 connection with forest and rangeland research, technical 

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

9 the concurrence of the Secretary of State, shall be avail10 able to support forestry, wildland fire management, and 

11 related natural resource activities outside the United 

12 States and its territories and possessions, including tech13 nical assistance, education and training, and cooperation 

14 with United States and international organizations. 

15 FLAME WILDFIRE SUPPRESSION RESERVE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for large fire suppression op18 erations of the Department of the Interior and as a re19 serve fund for suppression and Federal emergency re20 sponse activities, $92,000,000, to remain available until 

21 expended: Provided, That such amounts are only available 

22 for transfer to the ‘‘Wildland Fire Management’’ account 

23 following a declaration by the Secretary in accordance 

24 with section 502 of the FLAME Act of 2009 (43 U.S.C. 

25 1748a). 


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1 CENTRAL HAZARDOUS MATERIALS FUND

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

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

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

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION

10 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

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

13 the Department of the Interior necessary to carry out the 

14 provisions of the Comprehensive Environmental Response, 

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

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

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

18 et seq.), and subchapter II of chapter 1007 of title 54, 

19 United States Code, $7,767,000, to remain available until 

20 expended. 

21 WORKING CAPITAL FUND

22 For the operation and maintenance of a departmental 

23 financial and business management system, information 

24 technology improvements of general benefit to the Depart25 ment, cybersecurity, and the consolidation of facilities and 


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1 operations throughout the Department, $67,100,000, to 

2 remain available until expended: Provided, That none of 

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

4 be used to establish reserves in the Working Capital Fund 

5 account other than for accrued annual leave and deprecia6 tion of equipment without prior approval of the Commit7 tees on Appropriations of the House of Representatives 

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

9 assess reasonable charges to State, local and tribal govern10 ment employees for training services provided by the Na11 tional Indian Program Training Center, other than train12 ing related to Public Law 93–638: Provided further, That 

13 the Secretary may lease or otherwise provide space and 

14 related facilities, equipment or professional services of the 

15 National Indian Program Training Center to State, local 

16 and tribal government employees or persons or organiza17 tions engaged in cultural, educational, or recreational ac18 tivities (as defined in section 3306(a) of title 40, United 

19 States Code) at the prevailing rate for similar space, facili20 ties, equipment, or services in the vicinity of the National 

21 Indian Program Training Center: Provided further, That 

22 all funds received pursuant to the two preceding provisos 

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

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

25 expenses of the National Indian Program Training Center: 


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1 Provided further, That the Secretary may enter into grants 

2 and cooperative agreements to support the Office of Nat3 ural Resource Revenue’s collection and disbursement of 

4 royalties, fees, and other mineral revenue proceeds, as au5 thorized by law. 

6 ADMINISTRATIVE PROVISION

7 There is hereby authorized for acquisition from avail8 able resources within the Working Capital Fund, aircraft 

9 which may be obtained by donation, purchase or through 

10 available excess surplus property: Provided, That existing 

11 aircraft being replaced may be sold, with proceeds derived 

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

13 replacement aircraft. 

14 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

15 (INCLUDING TRANSFERS OF FUNDS)

16 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

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

18 available for expenditure or transfer (within each bureau 

19 or office), with the approval of the Secretary, for the emer20 gency reconstruction, replacement, or repair of aircraft, 

21 buildings, utilities, or other facilities or equipment dam22 aged or destroyed by fire, flood, storm, or other unavoid23 able causes: Provided, That no funds shall be made avail24 able under this authority until funds specifically made 

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1 gencies shall have been exhausted: Provided further, That 

2 all funds used pursuant to this section must be replenished 

3 by a supplemental appropriation, which must be requested 

4 as promptly as possible. 

5 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

6 SEC. 102. The Secretary may authorize the expendi7 ture or transfer of any no year appropriation in this title, 

8 in addition to the amounts included in the budget pro9 grams of the several agencies, for the suppression or emer10 gency prevention of wildland fires on or threatening lands 

11 under the jurisdiction of the Department of the Interior; 

12 for the emergency rehabilitation of burned-over lands 

13 under its jurisdiction; for emergency actions related to po14 tential or actual earthquakes, floods, volcanoes, storms, or 

15 other unavoidable causes; for contingency planning subse16 quent to actual oil spills; for response and natural resource 

17 damage assessment activities related to actual oil spills or 

18 releases of hazardous substances into the environment; for 

19 the prevention, suppression, and control of actual or po20 tential grasshopper and Mormon cricket outbreaks on 

21 lands under the jurisdiction of the Secretary, pursuant to 

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

23 (7 U.S.C. 7717(b)); for emergency reclamation projects 

24 under section 410 of Public Law 95–87; and shall trans25 fer, from any no year funds available to the Office of Sur26 face Mining Reclamation and Enforcement, such funds as 


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1 may be necessary to permit assumption of regulatory au2 thority in the event a primacy State is not carrying out 

3 the regulatory provisions of the Surface Mining Act: Pro4 vided, That appropriations made in this title for wildland 

5 fire operations shall be available for the payment of obliga6 tions incurred during the preceding fiscal year, and for 

7 reimbursement to other Federal agencies for destruction 

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

9 their use for wildland fire operations, such reimbursement 

10 to be credited to appropriations currently available at the 

11 time of receipt thereof: Provided further, That for wildland 

12 fire operations, no funds shall be made available under 

13 this authority until the Secretary determines that funds 

14 appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME 

15 Wildfire Suppression Reserve Fund’’ shall be exhausted 

16 within 30 days: Provided further, That all funds used pur17 suant to this section must be replenished by a supple18 mental appropriation, which must be requested as prompt19 ly as possible: Provided further, That such replenishment 

20 funds shall be used to reimburse, on a pro rata basis, ac21 counts from which emergency funds were transferred. 

22 AUTHORIZED USE OF FUNDS

23 SEC. 103. Appropriations made to the Department 

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

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

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


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

2 motor vehicles, including specially equipped law enforce3 ment vehicles; hire, maintenance, and operation of air4 craft; hire of passenger motor vehicles; purchase of re5 prints; payment for telephone service in private residences 

6 in the field, when authorized under regulations approved 

7 by the Secretary; and the payment of dues, when author8 ized by the Secretary, for library membership in societies 

9 or associations which issue publications to members only 

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

11 are not members. 

12 AUTHORIZED USE OF FUNDS, INDIAN TRUST

13 MANAGEMENT

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

15 headings Bureau of Indian Affairs and Bureau of Indian 

16 Education, and Office of the Special Trustee for American 

17 Indians and any unobligated balances from prior appro18 priations Acts made under the same headings shall be 

19 available for expenditure or transfer for Indian trust man20 agement and reform activities. Total funding for historical 

21 accounting activities shall not exceed amounts specifically 

22 designated in this Act for such purpose. 

23 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

24 AFFAIRS

25 SEC. 105. Notwithstanding any other provision of 

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1 tribute any Tribal Priority Allocation funds, including 

2 tribal base funds, to alleviate tribal funding inequities by 

3 transferring funds to address identified, unmet needs, 

4 dual enrollment, overlapping service areas or inaccurate 

5 distribution methodologies. No tribe shall receive a reduc6 tion in Tribal Priority Allocation funds of more than 10 

7 percent in fiscal year 2017. Under circumstances of dual 

8 enrollment, overlapping service areas or inaccurate dis9 tribution methodologies, the 10 percent limitation does not 

10 apply. 

11 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

12 SEC. 106. Notwithstanding any other provision of 

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

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

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

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

17 of operating and maintaining facilities in the support of 

18 transportation and accommodation of visitors to Ellis, 

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

20 administrative activities, by donation or with appropriated 

21 funds, including franchise fees (and other monetary con22 sideration), or by exchange; and the Secretary is author23 ized to negotiate and enter into leases, subleases, conces24 sion contracts or other agreements for the use of such fa25 cilities on such terms and conditions as the Secretary may 

26 determine reasonable. 


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1 OUTER CONTINENTAL SHELF INSPECTION FEES

2 SEC. 107. (a) In fiscal year 2017, the Secretary shall 

3 collect a nonrefundable inspection fee, which shall be de4 posited in the ‘‘Offshore Safety and Environmental En5 forcement’’ account, from the designated operator for fa6 cilities subject to inspection under 43 U.S.C. 1348(c). 

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

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

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

10 2017 shall be: 

11 (1) $10,500 for facilities with no wells, but with 

12 processing equipment or gathering lines; 

13 (2) $17,000 for facilities with 1 to 10 wells, 

14 with any combination of active or inactive wells; and 

15 (3) $31,500 for facilities with more than 10 

16 wells, with any combination of active or inactive 

17 wells. 

18 (c) Fees for drilling rigs shall be assessed for all in19 spections completed in fiscal year 2017. Fees for fiscal 

20 year 2017 shall be: 

21 (1) $30,500 per inspection for rigs operating in 

22 water depths of 500 feet or more; and 

23 (2) $16,700 per inspection for rigs operating in 

24 water depths of less than 500 feet. 


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1 (d) The Secretary shall bill designated operators 

2 under subsection (b) within 60 days, with payment re3 quired within 30 days of billing. The Secretary shall bill 

4 designated operators under subsection (c) within 30 days 

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

6 with payment required within 30 days of billing. 

7 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

8 AND ENFORCEMENT REORGANIZATION

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

10 implement a reorganization of the Bureau of Ocean En11 ergy Management, Regulation and Enforcement, may 

12 transfer funds among and between the successor offices 

13 and bureaus affected by the reorganization only in con14 formance with the reprogramming guidelines described in 

15 this Act. 

16 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

17 BURRO HOLDING FACILITIES

18 SEC. 109. Notwithstanding any other provision of 

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

20 multiyear cooperative agreements with nonprofit organiza21 tions and other appropriate entities, and may enter into 

22 multiyear contracts in accordance with the provisions of 

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

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

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

26 wild free roaming horses and burros by such organizations 


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1 or entities on private land. Such cooperative agreements 

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

3 at the discretion of the Secretary. 

4 MASS MARKING OF SALMONIDS

5 SEC. 110. The United States Fish and Wildlife Serv6 ice shall, in carrying out its responsibilities to protect 

7 threatened and endangered species of salmon, implement 

8 a system of mass marking of salmonid stocks, intended 

9 for harvest, that are released from federally operated or 

10 federally financed hatcheries including but not limited to 

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

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

13 identified by commercial and recreational fishers. 

14 EXHAUSTION OF ADMINISTRATIVE REVIEW

15 SEC. 111. Paragraph (1) of section 122(a) of division 

16 E of Public Law 112–74 (125 Stat. 1013) is amended 

17 by striking ‘‘fiscal years 2012 through 2018,’’ and insert18 ing ‘‘fiscal year 2012 and each fiscal year thereafter,’’. 

19 WILD LANDS FUNDING PROHIBITION

20 SEC. 112. None of the funds made available in this 

21 Act or any other Act may be used to implement, admin22 ister, or enforce Secretarial Order No. 3310 issued by the 

23 Secretary of the Interior on December 22, 2010. 

24 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

25 SEC. 113. Notwithstanding any other provision of 

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1 ing cooperation with State, local, and tribal governments 

2 or any political subdivision thereof, Indian Affairs may 

3 record obligations against accounts receivable from any 

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

5 the fiscal year shall not exceed total budgetary resources 

6 available at the end of the fiscal year. 

7 GREATER SAGE-GROUSE

8 SEC. 114. (a) None of the funds made available by 

9 this or any other Act may be used— 

10 (1) to review the status of or determine whether 

11 the greater sage-grouse is an endangered species or 

12 a threatened species pursuant to section 4 of the 

13 Endangered Species Act of 1973 (16 U.S.C. 1533), 

14 or to issue a regulation with respect thereto that ap15 plies to any State with a State management plan; 

16 (2) to make, modify, or extend any withdrawal 

17 pursuant to section 204 of the Federal Land Policy 

18 and Management Act of 1976 (43 U.S.C. 1714) 

19 within any Sagebrush Focal Area published in the 

20 Federal Register on September 24, 2015 (80 Fed. 

21 Reg. 57635 et seq.), in a manner inconsistent with 

22 a State management plan; or 

23 (3) to implement, amend, or otherwise modify 

24 any Federal resource management plan applicable to 

25 Federal land in a State with a State management 


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1 plan, in a manner inconsistent with such State man2 agement plan. 

3 (b) For the purposes of this section— 

4 (1) the term ‘‘Federal resource management 

5 plan’’ means— 

6 (A) a land use plan prepared by the Bu7 reau of Land Management for public lands pur8 suant to section 202 of the Federal Land Policy 

9 and Management Act of 1976 (43 U.S.C. 

10 1712); or 

11 (B) a land and resource management plan 

12 prepared by the Forest Service for National 

13 Forest System lands pursuant to section 6 of 

14 the Forest and Rangeland Renewable Resources 

15 Planning Act of 1974 (16 U.S.C. 1604); 

16 (2) the term ‘‘greater sage-grouse’’ means the 

17 species Centrocercus urophasianus or the Columbia 

18 Basin distinct population segment of greater sage19 grouse; and 

20 (3) the term ‘‘State management plan’’ means 

21 a State-wide plan for the protection and recovery of 

22 greater sage-grouse that has been approved by the 

23 Governor of such State. 

24 WATER CONVEYANCES

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

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1 rior to review, require approval of, or withhold approval 

2 for use of a right-of-way granted pursuant to the General 

3 Railroad Right-of-Way Act of 1875 (43 U.S.C. 934–939) 

4 if authorization of the use would have been considered 

5 under Department policy to be within the scope of a rail6 road’s authority as of the day before the effective date of 

7 the Department’s Solicitor’s Opinion M–37025, issued on 

8 November 4, 2011. 

9 INDIAN EDUCATION FUND

10 SEC. 116. Section 801 of the Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 458ddd) 

12 is amended— 

13 (1) by striking ‘‘Foundation’’ each place it ap14 pears and inserting ‘‘Fund’’; 

15 (2) in subsection (a), by striking ‘‘foundation’’ 

16 and inserting ‘‘fund’’; 

17 (3) in subsection (a), by adding at the end the 

18 following: ‘‘The Fund shall be affiliated and may 

19 contract for services with a section 501(c)(3) na20 tional organization whose mission is to represent 

21 Native American students and educators for the im22 provement of schools and the education of Native 

23 children.’’; 

24 (4) In subsection (e)(1), by inserting ‘‘or pub25 lic’’ after ‘‘private’’; 

26 (5) in subsection (e)— 


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1 (A) in paragraph (2), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (3), by striking the pe4 riod and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(4) to promote and facilitate public-private 

7 partnerships that maximize the involvement of the 

8 private sector, including nonprofit organizations and 

9 for-profit entities, in providing financial and in-kind 

10 support for the improvement or replacement of fa11 cilities and infrastructure and for the enhancement 

12 of telecommunications and technological capacity in 

13 Bureau-funded schools; and 

14 ‘‘(5) to facilitate interagency agreements be15 tween the Department of the Interior and other 

16 Federal agencies in furtherance of the purposes of 

17 the Fund.’’; 

18 (6) in subsection (f)(2), by striking all that fol19 lows after the heading and inserting the following: 

20 ‘‘The number of members of the Board, the manner 

21 of their selection (including the filling of vacancies), 

22 and their terms of office shall be as provided in the 

23 constitution and bylaws of the Fund. The Board 

24 shall have nine members, including the Secretary 

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1 dian Affairs who shall serve as ex officio nonvoting 

2 members and who shall appoint three voting mem3 bers to staggered terms, and including the President 

4 and Executive Director of the 501(c)(3) national or5 ganization referenced in subsection (a) who shall 

6 serve as ex officio nonvoting members and who shall 

7 appoint two voting members to staggered terms.’’; 

8 (7) in subsection (f)(3), by striking ‘‘are’’ and 

9 all that follows through ‘‘practicable,’’ and inserting 

10 ‘‘shall, to the extent practicable, be drawn from var11 ious disciplines related to the purposes of the Fund, 

12 and’’; and 

13 (8) in subsection (m)— 

14 (A) in the heading, by inserting ‘‘AND

15 PROPERTY’’ after ‘‘FUNDS’’; and 

16 (B) by inserting ‘‘and property’’ after the 

17 first ‘‘funds’’ the first place it appears. 

18 BLUE RIDGE NATIONAL HERITAGE AREA AND ERIE

19 CANALWAY NATIONAL HERITAGE CORRIDOR

20 SEC. 117. (a) Section 140(i)(1) of Title I of P.L. 

21 108–108, as amended (54 U.S.C. 320101 note), is further 

22 amended by striking ‘‘$10,000,000’’ and inserting 

23 ‘‘$12,000,000’’; and 

24 (b) Section 810(a)(1) of Title VIII of Division B of 

25 Appendix D of P.L. 106–554, as amended (54 U.S.C. 


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1 320101 note), is further amended by striking 

2 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 

3 FISH HATCHERY PROGRAMS

4 SEC. 118. (a) IN GENERAL.—Not later than two 

5 years after the date of the enactment of this Act, the Sec6 retary of the Interior, in consultation with the Director 

7 of the California Department of Fish and Wildlife, shall 

8 develop and implement the expanded use of conservation 

9 fish hatchery programs to enhance, supplement, and re10 build delta smelt (Hypomesus transpacificus) and other 

11 species listed as endangered species or threatened species 

12 under the Endangered Species Act of 1973 (16 U.S.C. 

13 1531 et seq.), under the biological opinion issued under 

14 that Act by the United States Fish and Wildlife Service, 

15 dated December 15, 2008, on the effects of the coordi16 nated operations of the Central Valley Project and the 

17 State Water Project in California. 

18 (b) PROGRAM DESIGN.—The conservation fish hatch19 ery programs established under subsection (a) and their 

20 associated hatchery and genetic management plans shall 

21 be designed— 

22 (1) to benefit, enhance, support, and otherwise 

23 recover naturally spawning fish species to the point 

24 where the measures under the Endangered Species 

25 Act of 1973 are no longer necessary for such spe26 cies; 


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1 (2) to address the recommendations of the Cali2 fornia Hatchery Scientific Review Group; and 

3 (3) to minimize adverse effects to operations of 

4 the Central Valley Project and State Water Project 

5 (as those terms are used in the Central Valley 

6 Project Improvement Act of 2002 (title XXXIV of 

7 Public Law 102–575)). 

8 (c) MISCELLANEOUS REQUIREMENTS.—In imple9 menting this section, the Secretary— 

10 (1) shall give priority to existing and prospec11 tive hatchery programs and facilities within the Sac12 ramento-San Joaquin Delta and the riverine tribu13 taries thereto; and 

14 (2) may enter into cooperative agreements for 

15 the operation of conservation hatchery programs 

16 with the State of California, tribes, and other non17 Governmental entities for the benefit, enhancement, 

18 and support of naturally spawning fish species. 

19 REISSUANCE OF FINAL RULES

20 SEC. 119. Before the end of the 60-day period begin21 ning on the date of the enactment of this Act, the Sec22 retary of the Interior shall reissue the final rule published 

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

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

25 Reg. 55530 et seq.), without regard to any other provision 


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1 of statute or regulation that applies to issuance of such 

2 rules. Such reissuances (including this section) shall not 

3 be subject to judicial review. 

4 STREAM BUFFER

5 SEC. 120. None of the funds made available by this 

6 Act may be used by the Secretary to (1) further develop, 

7 finalize, carry out, or implement the proposed rule entitled 

8 ‘‘Stream Protection Rule’’ signed by the Assistant Sec9 retary for Land and Minerals Management of the Depart10 ment of the Interior on July 7, 2015 (80 Fed. Reg. 

11 44436), or (2) develop, carry out, or implement any guid12 ance, policy, or directive to reinterpret or change the his13 toric interpretation of ‘‘material damage to the hydrologic 

14 balance outside the permit area’’ in section 510(b)(3) of 

15 the Surface Mining Control and Reclamation Act of 1977 

16 (30 U.S.C. 1260(b)(3)), or 30 C.F.R. 816.57 or 30 C.F.R. 

17 817.57, as promulgated on June 30, 1983 by the Office 

18 of Surface Mining Reclamation and Enforcement of the 

19 Department of the Interior (48 Fed. Reg. 30312). 

20 BOTTLED WATER

21 SEC. 121. None of the funds made available by this 

22 Act may be used by the Director of the National Park 

23 Service to implement, administer, or enforce Policy Memo24 randum 11–03 or to approve a request by a park superVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 intendent to eliminate the sale in national parks of water 

2 in disposable, recyclable plastic bottles. 

3 OIL AND GAS ROYALTIES

4 SEC. 122. None of the funds made available by this 

5 Act may be used to finalize, implement, or enforce the Bu6 reau of Land Management’s proposed rule regarding 

7 Waste Prevention, Production Subject to Royalties, and 

8 Resource Conservation published February 8, 2016. 

9 PROHIBITION ON USE OF FUNDS FOR CERTAIN HISTORIC

10 DESIGNATION

11 SEC. 123. (a) IN GENERAL.—None of the funds 

12 made available in this Act may be used to take any action 

13 to designate a Federal property for inclusion on, or to add 

14 a Federal property to, the National Register of Historic 

15 Places, or to operate or maintain a property on that reg16 istry, if the managing agency of that Federal property ob17 jects to such designation or inclusion, including actions re18 lated to— 

19 (1) cooperative agreements; 

20 (2) general administration; 

21 (3) maintenance of records and agreements; and 

22 (4) any other functions necessary to designate, add, 

23 operate, or maintain such Federal property. 

24 (b) EXCEPTION.—The prohibition in subsection (a) 

25 shall not apply to actions related to a managing agency 

26 request for expedited removal of Federal property from 


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1 the National Register of Historic Places for reasons of na2 tional security. 

3 DRILLING MARGINS

4 SEC. 124. None of the funds made available in this 

5 Act or any other Act for any fiscal year may be used to 

6 develop, adopt, implement, administer, or enforce any 

7 change to the regulations and guidance in effect on April 

8 1, 2015, pertaining to drilling margins or static downhole 

9 mud weight (30 CFR 250.414(c)) including the provisions 

10 of the rules dated April 17, 2015, and April 29, 2016. 

11 TRIBAL RECOGNITION

12 SEC. 125. None of the funds made available by this 

13 or any other Act may be used by the Secretary of the Inte14 rior to implement, administer, or enforce the final rule en15 titled ‘‘Federal Acknowledgment of American Indian 

16 Tribes’’ published by the Department of the Interior in 

17 the Federal Register on July 1, 2015 (80 Fed. Reg. 37862 

18 et seq.). 

19 ECHINODERMS

20 SEC. 126. Section 14.92(a)(1) of title 50, Code of 

21 Federal Regulations, is amended by inserting ‘‘, including 

22 echinoderms commonly known as sea urchins and sea cu23 cumbers,’’ after ‘‘products’’. 


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1 LIMITATION ON USE OF FUNDS FOR AIR QUALITY

2 REGULATIONS

3 SEC. 127. (a) LIMITATION.—None of the funds made 

4 available by this Act or any other Act may be used by 

5 the Secretary of the Interior (referred to in this section 

6 as the ‘‘Secretary’’) to issue, finalize, or implement any 

7 final regulations addressing any subject of the proposed 

8 rule entitled ‘‘Air Quality Control, Reporting, and Compli9 ance’’, published April 5, 2016 (81 Fed. Reg. 19717), be10 fore the date on which the Bureau of Ocean Energy Man11 agement— 

12 (1) completes the two air modeling studies enti13 tled ‘‘Arctic Air Quality Impact Assessment Mod14 eling (AK–13–01)’’ and ‘‘Air Quality Modeling in 

15 the Gulf of Mexico Region (GM–14–01)’’, and pub16 lishes the results of such studies and all supporting 

17 data and documentation in a form available to the 

18 public; 

19 (2) concludes, following peer review of such 

20 studies, publication of public notice, and 120 days of 

21 opportunity for public comment on the studies, that 

22 the activities expressly authorized under the Outer 

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

24 seq.) are significantly affecting the air quality of any 

25 State for purposes of compliance with the national 


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1 ambient air quality standards, pursuant to, as re2 quired by section 5(a)(8) of such Act (43 U.S.C. 

3 1334(a)(8)); and 

4 (3) consults with the affected coastal states (as 

5 that term is used in that Act) on the results of such 

6 studies and analyses, and any actions that may be 

7 taken including any incremental burdens on such 

8 coastal states that may result. 

9 (b) REPROPOSAL OF REGULATIONS.—The Secretary 

10 shall— 

11 (1) before issuing any such final regulations— 

12 (A) repropose the regulations; and 

13 (B) provide a period of at least 180 days 

14 for the submission of public comment on such 

15 reproposed regulations; and 

16 (2) delay the effective date of such final regula17 tions for at least 180 days after the date they are 

18 published. 

19 TRUST LAND

20 SEC. 128. All land taken into trust by the United 

21 States under or pursuant to the Act of June 18, 1934 

22 (25 U.S.C. 465) before February 24, 2009, for the benefit 

23 of an Indian tribe that was federally recognized on the 

24 date that the land was taken into trust is hereby re25 affirmed as trust land. 


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1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

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

8 1980; necessary expenses for personnel and related costs 

9 and travel expenses; procurement of laboratory equipment 

10 and supplies; and other operating expenses in support of 

11 research and development, $720,072,000, to remain avail12 able until September 30, 2018: Provided, That of the 

13 funds included under this heading, $10,000,000 shall be 

14 for Research: National Priorities as specified in the report 

15 accompanying this Act. 

16 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

17 For environmental programs and management, in18 cluding necessary expenses, not otherwise provided for, for 

19 personnel and related costs and travel expenses; hire of 

20 passenger motor vehicles; hire, maintenance, and oper21 ation of aircraft; purchase of reprints; library member22 ships in societies or associations which issue publications 

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

24 subscribers who are not members; administrative costs of 

25 the brownfields program under the Small Business LiabilVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 ity Relief and Brownfields Revitalization Act of 2002; and 

2 not to exceed $9,000 for official reception and representa3 tion expenses, $2,527,470,000, to remain available until 

4 September 30, 2018: Provided, That of the funds included 

5 under this heading, $15,000,000 shall be for Environ6 mental Protection: National Priorities as specified in the 

7 report accompanying this Act: Provided further, That of 

8 the funds included under this heading, $409,709,000 shall 

9 be for Geographic Programs specified in the report accom10 panying this Act: Provided further, That the Adminis11 trator of the Environmental Protection Agency is author12 ized, in carrying out its responsibilities under section 

13 2002(b) of the Solid Waste Disposal Act (42 U.S.C. 

14 6912(b)), to use appropriations made available under this 

15 heading to evaluate the effectiveness of States using State 

16 solid waste management plans to ensure the efficient and 

17 effective implementation of the final regulations on coal 

18 combustion residuals that took effect on October 19, 2015, 

19 and codified in parts 257 and 261 of title 40 of the Code 

20 of Federal Regulations: Provided further, That the Admin21 istrator shall provide to the Committee on Appropriations 

22 and the appropriate authorizing Committees a report on 

23 the effectiveness of States using such plans in imple24 menting the requirements of final coal combustion residual 

25 regulations in an efficient and effective manner. 


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1 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

2 FUND

3 For necessary expenses to carry out section 3024 of 

4 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ5 ing the development, operation, maintenance, and upgrad6 ing of the hazardous waste electronic manifest system es7 tablished by such section, $3,178,000, to remain available 

8 until September 30, 2019. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

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

13 until September 30, 2018. 

14 BUILDINGS AND FACILITIES

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

17 or for use by, the Environmental Protection Agency, 

18 $34,467,000, to remain available until expended. 

19 HAZARDOUS SUBSTANCE SUPERFUND

20 (INCLUDING TRANSFERS OF FUNDS)

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

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

25 $1,115,929,000, to remain available until expended, conVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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

2 on September 30, 2016, as authorized by section 517(a) 

3 of the Superfund Amendments and Reauthorization Act 

4 of 1986 (SARA) and up to $1,115,929,000 as a payment 

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

7 SARA: Provided, That funds appropriated under this 

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

11 $8,778,000 shall be paid to the ‘‘Office of Inspector Gen12 eral’’ appropriation to remain available until September 

13 30, 2018, and $15,496,000 shall be paid to the ‘‘Science 

14 and Technology’’ appropriation to remain available until 

15 September 30, 2018. 

16 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

17 PROGRAM

18 For necessary expenses to carry out leaking under19 ground storage tank cleanup activities authorized by sub20 title I of the Solid Waste Disposal Act, $94,605,000, to 

21 remain available until expended, of which $68,016,000 

22 shall be for carrying out leaking underground storage tank 

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

24 Solid Waste Disposal Act; $26,589,000 shall be for car25 rying out the other provisions of the Solid Waste Disposal 


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

2 Code: Provided, That the Administrator is authorized to 

3 use appropriations made available under this heading to 

4 implement section 9013 of the Solid Waste Disposal Act 

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

7 programs to manage underground storage tanks. 

8 INLAND OIL SPILL PROGRAMS

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

11 Pollution Act of 1990, $18,079,000, to be derived from 

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

13 expended. 

14 STATE AND TRIBAL ASSISTANCE GRANTS

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

18 $3,370,729,000, to remain available until expended, of 

19 which— 

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

22 Funds under title VI of the Federal Water Pollution 

23 Control Act; and of which $1,070,500,000 shall be 

24 for making capitalization grants for the Drinking 

25 Water State Revolving Funds under section 1452 of 


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1 the Safe Drinking Water Act: Provided, That for fis2 cal year 2017, funds made available under this title 

3 to each State for Clean Water State Revolving Fund 

4 capitalization grants and for Drinking Water State 

5 Revolving Fund capitalization grants may, at the 

6 discretion of each State, be used for projects to ad7 dress green infrastructure, water or energy efficiency 

8 improvements, or other environmentally innovative 

9 activities: Provided further, That notwithstanding 

10 section 603(d)(7) of the Federal Water Pollution 

11 Control Act, the limitation on the amounts in a 

12 State water pollution control revolving fund that 

13 may be used by a State to administer the fund shall 

14 not apply to amounts included as principal in loans 

15 made by such fund in fiscal year 2017 and prior 

16 years where such amounts represent costs of admin17 istering the fund to the extent that such amounts 

18 are or were deemed reasonable by the Administrator, 

19 accounted for separately from other assets in the 

20 fund, and used for eligible purposes of the fund, in21 cluding administration: Provided further, That for 

22 fiscal year 2017, notwithstanding the provisions of 

23 sections 201(g)(1), (h), and (l) of the Federal Water 

24 Pollution Control Act, grants under Title II of the 

25 Federal Water Pollution Control Act for American 


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1 Samoa, Guam, the Commonwealth of the Northern 

2 Marianas, the United States Virgin Islands, and the 

3 District of Columbia may also be made for the pur4 pose of providing assistance: (1) solely for facility 

5 plans, design activities, or plans, specification, and 

6 estimates for any proposed project for the construc7 tion of treatment works; and (2) for the construc8 tion, repair, or replacement of privately owned treat9 ment works serving one or more principal residences 

10 or small commercial establishments; Provided fur11 ther, That for fiscal year 2017, notwithstanding the 

12 provisions of 201(g)(1), (h), and (l) and section 

13 518(c) of the Federal Water Pollution Control Act, 

14 funds reserved by the Administrator for grants 

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

16 Control Act may also be used to provide assistance: 

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

18 plans, specifications, and estimates for any proposed 

19 project for the construction of treatment works; and 

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

21 privately owned treatment works serving one or 

22 more principal residences or small commercial estab23 lishments; Funds reserved under section 518(c) of 

24 such Act shall be available for grants only to Indian 

25 tribes, as defined in section 518(h) of such Act and 


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1 former Indian reservations in Oklahoma (as defined 

2 by the Secretary of the Interior) and Native Villages 

3 (as defined in Public Law 92–203): Provided further, 

4 That for fiscal year 2017, notwithstanding any pro5 vision of the Clean Water Act and regulations issued 

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

7 funds reserved by the Administrator for grants 

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

9 Control Act may also be used for grants for training, 

10 technical assistance, and educational programs relat11 ing to the operation and management of the treat12 ment works specified in section 518(c) of such Act; 

13 Funds reserved under section 518(c) of such Act 

14 shall be available for grants only to Indian tribes, as 

15 defined in section 518(h) of such Act and former In16 dian reservations in Oklahoma (as determined by the 

17 Secretary of the Interior) and Native Villages (as 

18 defined in Public Law 92–203): Provided further, 

19 That for fiscal year 2017, notwithstanding the limi20 tation on amounts in section 518(c) of the Federal 

21 Water Pollution Control Act, up to a total of 2 per22 cent of the funds appropriated, or $30,000,000, 

23 whichever is greater, and notwithstanding the limita24 tion on amounts in section 1452(i) of the Safe 

25 Drinking Water Act, up to a total of 2 percent of 


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1 the funds appropriated, or $20,000,000, whichever 

2 is greater, for State Revolving Funds under such 

3 Acts may be reserved by the Administrator for 

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

5 such Acts: Provided further, That for fiscal year 

6 2017, notwithstanding the amounts specified in sec7 tion 205(c) of the Federal Water Pollution Control 

8 Act, up to 1.5 percent of the aggregate funds appro9 priated for the Clean Water State Revolving Fund 

10 program under the Act less any sums reserved under 

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

12 Administrator for grants made under title II of the 

13 Federal Water Pollution Control Act for American 

14 Samoa, Guam, the Commonwealth of the Northern 

15 Marianas, and United States Virgin Islands: Pro16 vided further, That for fiscal year 2017, notwith17 standing the limitations on amounts specified in sec18 tion 1452(j) of the Safe Drinking Water Act, up to 

19 1.5 percent of the funds appropriated for the Drink20 ing Water State Revolving Fund programs under the 

21 Safe Drinking Water Act may be reserved by the 

22 Administrator for grants made under section 

23 1452(j) of the Safe Drinking Water Act: Provided 

24 further, That 10 percent of the funds made available 

25 under this title to each State for Clean Water State 


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1 Revolving Fund capitalization grants and 20 percent 

2 of the funds made available under this title to each 

3 State for Drinking Water State Revolving Fund cap4 italization grants shall be used by the State to pro5 vide additional subsidy to eligible recipients in the 

6 form of forgiveness of principal, negative interest 

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

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

9 are provided as initial financing for an eligible re10 cipient or to buy, refinance, or restructure the debt 

11 obligations of eligible recipients where such debt was 

12 incurred on or after the date of enactment of this 

13 Act, or where such debt was incurred prior to the 

14 date of enactment of this Act if the State, with con15 currence from the Administrator, determines that 

16 such funds could be used to help address a threat 

17 to public health from heightened exposure to lead in 

18 drinking water; 

19 (2) $5,000,000 shall be for architectural, engi20 neering, planning, design, construction and related 

21 activities in connection with the construction of high 

22 priority water and wastewater facilities in the area 

23 of the United States-Mexico Border, after consulta24 tion with the appropriate border commission; Pro25 vided, That no funds provided by this appropriations 


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1 Act to address the water, wastewater and other crit2 ical infrastructure needs of the colonias in the 

3 United States along the United States-Mexico bor4 der shall be made available to a county or municipal 

5 government unless that government has established 

6 an enforceable local ordinance, or other zoning rule, 

7 which prevents in that jurisdiction the development 

8 or construction of any additional colonia areas, or 

9 the development within an existing colonia the con10 struction of any new home, business, or other struc11 ture which lacks water, wastewater, or other nec12 essary infrastructure; 

13 (3) $17,000,000 shall be for grants to the State 

14 of Alaska to address drinking water and wastewater 

15 infrastructure needs of rural and Alaska Native Vil16 lages: Provided, That of these funds: (A) the State 

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

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

19 for administrative and overhead expenses; and (C) 

20 the State of Alaska shall make awards consistent 

21 with the Statewide priority list established in con22 junction with the Agency and the U.S. Department 

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

24 and similar projects carried out by the State of Alas25 ka that are funded under section 221 of the Federal 


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

2 the Consolidated Farm and Rural Development Act 

3 (7 U.S.C. 1921 et seq.) which shall allocate not less 

4 than 25 percent of the funds provided for projects 

5 in regional hub communities; 

6 (4) $80,000,000 shall be to carry out section 

7 104(k) of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 

9 (CERCLA), including grants, interagency agree10 ments, and associated program support costs: Pro11 vided, That not more than 25 percent of the amount 

12 appropriated to carry out section 104(k) of 

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

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

16 further, That at least 10 percent shall be allocated 

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

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

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

22 by the 1990 and 2000 decennial censuses and the 

23 most recent Small Area Income and Poverty Esti24 mates; 


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1 (5) $100,000,000 shall be for grants under title 

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

3 (6) $40,000,000 shall be for targeted airshed 

4 grants in accordance with the terms and conditions 

5 of the report accompanying this Act; and 

6 (7) $1,058,229,000 shall be for grants, includ7 ing associated program support costs, to States, fed8 erally recognized tribes, interstate agencies, tribal 

9 consortia, and air pollution control agencies for 

10 multi-media or single media pollution prevention, 

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

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

14 making grants under section 103 of the Clean Air 

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

17 specified by the Administrator, of which: 

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

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

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

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

23 Solid Waste Disposal Act, which shall be in addition 

24 to funds appropriated under the heading ‘‘Leaking 

25 Underground Storage Tank Trust Fund Program’’ 


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

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

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

5 available for grants under section 106 of the Federal 

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

9 monitoring programs. 

10 WATER INFRASTRUCTURE FINANCE AND INNOVATION

11 PROGRAM ACCOUNT

12 For the cost of direct loans and for the cost of guar13 anteed loans, as authorized by the Water Infrastructure 

14 Finance and Innovation Act of 2014, $45,000,000, to re15 main available until expended: Provided, That such costs, 

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of 

18 1974: Provided further, That these funds are available to 

19 subsidize gross obligations for the principal amount of di20 rect loans, including capitalized interest, and total loan 

21 principal, including capitalized interest, any part of which 

22 is to be guaranteed, not to exceed $5,487,000,000. 

23 In addition, fees authorized to be collected pursuant 

24 to sections 5029 and 5030 of the Water Infrastructure 


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1 Finance and Innovation Act of 2014 shall be deposited 

2 in this account to remain available until expended. 

3 In addition, for administrative expenses to carry out 

4 the direct and guaranteed loan programs, notwithstanding 

5 section 5033 of the Water Infrastructure Finance and In6 novation Act of 2014, $5,000,000, to remain available 

7 until September 30, 2018. 

8 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

9 PROTECTION AGENCY

10 (INCLUDING TRANSFERS OF FUNDS)

11 For fiscal year 2017, notwithstanding 31 U.S.C. 

12 6303(1) and 6305(1), the Administrator of the Environ13 mental Protection Agency, in carrying out the Agency’s 

14 function to implement directly Federal environmental pro15 grams required or authorized by law in the absence of an 

16 acceptable tribal program, may award cooperative agree17 ments to federally recognized Indian tribes or Intertribal 

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

19 the Administrator in implementing Federal environmental 

20 programs for Indian tribes required or authorized by law, 

21 except that no such cooperative agreements may be award22 ed from funds designated for State financial assistance 

23 agreements. 

24 The Administrator of the Environmental Protection 

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1 istration service fees in accordance with section 33 of the 

2 Federal Insecticide, Fungicide, and Rodenticide Act, as 

3 amended by Public Law 112–177, the Pesticide Registra4 tion Improvement Extension Act of 2012. 

5 Notwithstanding section 33(d)(2) of the Federal In6 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

7 U.S.C. 136w-8(d)(2)), the Administrator of the Environ8 mental Protection Agency may assess fees under section 

9 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2017. 

10 The Administrator is authorized to transfer up to 

11 $300,000,000 of the funds appropriated for the Great 

12 Lakes Restoration Initiative under the heading ‘‘Environ13 mental Programs and Management’’ to the head of any 

14 Federal department or agency, with the concurrence of 

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

16 Great Lakes Restoration Initiative and Great Lakes 

17 Water Quality Agreement programs, projects, or activities; 

18 to enter into an interagency agreement with the head of 

19 such Federal department or agency to carry out these ac20 tivities; and to make grants to governmental entities, non21 profit organizations, institutions, and individuals for plan22 ning, research, monitoring, outreach, and implementation 

23 in furtherance of the Great Lakes Restoration Initiative 

24 and the Great Lakes Water Quality Agreement. 


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1 The Science and Technology, Environmental Pro2 grams and Management, Office of Inspector General, Haz3 ardous Substance Superfund, and Leaking Underground 

4 Storage Tank Trust Fund Program Accounts, are avail5 able for the construction, alteration, repair, rehabilitation, 

6 and renovation of facilities provided that the cost does not 

7 exceed $150,000 per project. 

8 The Administrator of the Environmental Protection 

9 Agency shall base agency policies and actions regarding 

10 air emissions from forest biomass including, but not lim11 ited to, air emissions from facilities that combust forest 

12 biomass for energy, on the principle that forest biomass 

13 emissions do not increase overall carbon dioxide accumula14 tions in the atmosphere when USDA Forest Inventory and 

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

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

17 biomass is derived from mill residuals, harvest residuals 

18 or forest management activities. Such policies and actions 

19 shall not pre-empt existing authorities of States to deter20 mine how to utilize biomass as a renewable energy source 

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

22 policies to forest biomass as other renewable fuels in im23 plementing Federal law. 

24 The Administrator of the Environmental Protection 

25 Agency shall apply the criteria and procedures in effect 


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1 as of the date of enactment of this Act for aquifer exemp2 tions under the underground injection control regulatory 

3 framework, in a collaborative manner with the States and 

4 regulated industries, to promptly review and make deci5 sions on all aquifer exemption applications using the cri6 teria for exempted aquifers set forth in section 146.4 of 

7 title 40, Code of Federal Regulations (as in effect on April 

8 1, 2016). The Administrator shall not use substantial pro9 gram revisions for purposes of reviewing and making deci10 sions on aquifer exemption applications involving under11 ground injection authorized by permit, provided the injec12 tion is occurring into aquifers that meet the criteria for 

13 an exemption under such section 146.4 and the rec14 ommendations of key State resource agencies are taken 

15 in account. 

16 For fiscal year 2017, and notwithstanding section 

17 518(f) of the Federal Water Pollution Control Act (33 

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

19 the amounts appropriated for any fiscal year under section 

20 319 of the Act to make grants to federally recognized In21 dian tribes pursuant to sections 319(h) and 518(e) of that 

22 Act. 


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1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 FOREST AND RANGELAND RESEARCH

6 For necessary expenses of forest and rangeland re7 search as authorized by law, $291,982,000, to remain 

8 available through September 30, 2019: Provided, That of 

9 the funds provided, $77,000,000 is for the forest inventory 

10 and analysis program. 

11 STATE AND PRIVATE FORESTRY

12 For necessary expenses of cooperating with and pro13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, including treatments of pests, pathogens, and 

16 invasive or noxious plants and for restoring and rehabili17 tating forests damaged by pests or invasive plants, cooper18 ative forestry, and education and land conservation activi19 ties and conducting an international program as author20 ized, $244,038,000, to remain available through Sep21 tember 30, 2018, as authorized by law, of which 

22 $55,000,000 is to be derived from the Land and Water 

23 Conservation Fund to be used for the Forest Legacy Pro24 gram, to remain available until expended. 


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1 NATIONAL FOREST SYSTEM

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of the Forest Service, not 

4 otherwise provided for, for management, protection, im5 provement, and utilization of the National Forest System, 

6 $1,531,443,000, to remain available through September 

7 30, 2018: Provided, That of the funds provided, 

8 $40,000,000 shall be deposited in the Collaborative Forest 

9 Landscape Restoration Fund for ecological restoration 

10 treatments as authorized by 16 U.S.C. 7303(f): Provided 

11 further, That of the funds provided, $384,805,000 shall 

12 be for forest products: Provided further, That of the funds 

13 provided, up to $159,941,000 is for the Integrated Re14 source Restoration pilot program for Region 1, Region 2, 

15 Region 3, Region 4, and Region 5: Provided further, That 

16 of the funds provided for forest products, up to 

17 $161,560,000 may be transferred to support the Inte18 grated Resource Restoration pilot program in the pre19 ceding proviso: Provided further, That the Secretary of Ag20 riculture may transfer to the Secretary of the Interior any 

21 unobligated funds appropriated in a previous fiscal year 

22 for operation of the Valles Caldera National Preserve. 


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1 CAPITAL IMPROVEMENT AND MAINTENANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Forest Service, not 

4 otherwise provided for, $364,164,000, to remain available 

5 through September 30, 2018, for construction, capital im6 provement, maintenance and acquisition of buildings and 

7 other facilities and infrastructure; and for construction, 

8 reconstruction, decommissioning of roads that are no 

9 longer needed, including unauthorized roads that are not 

10 part of the transportation system, and maintenance of for11 est roads and trails by the Forest Service as authorized 

12 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro13 vided, That $40,000,000 shall be designated for urgently 

14 needed road decommissioning, road and trail repair and 

15 maintenance and associated activities, and removal of fish 

16 passage barriers, especially in areas where Forest Service 

17 roads may be contributing to water quality problems in 

18 streams and water bodies which support threatened, en19 dangered, or sensitive species or community water sources: 

20 Provided further, That funds becoming available in fiscal 

21 year 2017 under the Act of March 4, 1913 (16 U.S.C. 

22 501) shall be transferred to the General Fund of the 

23 Treasury and shall not be available for transfer or obliga24 tion for any other purpose unless the funds are appro25 priated: Provided further, That of the funds provided for 


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1 decommissioning of roads, up to $24,543,000 may be 

2 transferred to the ‘‘National Forest System’’ to support 

3 the Integrated Resource Restoration pilot program. 

4 LAND ACQUISITION

5 For expenses necessary to carry out the provisions 

6 of chapter 2003 of title 54, United States Code, including 

7 administrative expenses, and for acquisition of land or 

8 waters, or interest therein, in accordance with statutory 

9 authority applicable to the Forest Service, $27,280,000, 

10 to be derived from the Land and Water Conservation 

11 Fund and to remain available until expended. 

12 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

13 ACTS

14 For acquisition of lands within the exterior bound15 aries of the Cache, Uinta, and Wasatch National Forests, 

16 Utah; the Toiyabe National Forest, Nevada; and the An17 geles, San Bernardino, Sequoia, and Cleveland National 

18 Forests, California, as authorized by law, $950,000, to be 

19 derived from forest receipts. 

20 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

21 For acquisition of lands, such sums, to be derived 

22 from funds deposited by State, county, or municipal gov23 ernments, public school districts, or other public school au24 thorities, and for authorized expenditures from funds de25 posited by non-Federal parties pursuant to Land Sale and 


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1 Exchange Acts, pursuant to the Act of December 4, 1967 

2 (16 U.S.C. 484a), to remain available through September 

3 30, 2018, (16 U.S.C. 516–617a, 555a; Public Law 96– 

4 586; Public Law 76–589, 76–591; and Public Law 78– 

5 310). 

6 RANGE BETTERMENT FUND

7 For necessary expenses of range rehabilitation, pro8 tection, and improvement, 50 percent of all moneys re9 ceived during the prior fiscal year, as fees for grazing do10 mestic livestock on lands in National Forests in the 16 

11 Western States, pursuant to section 401(b)(1) of Public 

12 Law 94–579, to remain available through September 30, 

13 2018, of which not to exceed 6 percent shall be available 

14 for administrative expenses associated with on-the-ground 

15 range rehabilitation, protection, and improvements. 

16 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

17 RANGELAND RESEARCH

18 For expenses authorized by 16 U.S.C. 1643(b), 

19 $45,000, to remain available through September 30, 2018, 

20 to be derived from the fund established pursuant to the 

21 above Act. 

22 MANAGEMENT OF NATIONAL FOREST LANDS FOR

23 SUBSISTENCE USES

24 For necessary expenses of the Forest Service to man25 age Federal lands in Alaska for subsistence uses under 


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1 title VIII of the Alaska National Interest Lands Conserva2 tion Act (Public Law 96–487), $2,500,000, to remain 

3 available through September 30, 2018. 

4 WILDLAND FIRE MANAGEMENT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses for forest fire presuppression 

7 activities on National Forest System lands, for emergency 

8 fire suppression on or adjacent to such lands or other 

9 lands under fire protection agreement, hazardous fuels 

10 management on or adjacent to such lands, emergency re11 habilitation of burned-over National Forest System lands 

12 and water, and for State and volunteer fire assistance, 

13 $2,593,763,000, to remain available through September 

14 30, 2019: Provided, That such funds including unobli15 gated balances under this heading, are available for repay16 ment of advances from other appropriations accounts pre17 viously transferred for such purposes: Provided further, 

18 That such funds shall be available to reimburse State and 

19 other cooperating entities for services provided in response 

20 to wildfire and other emergencies or disasters to the extent 

21 such reimbursements by the Forest Service for non-fire 

22 emergencies are fully repaid by the responsible emergency 

23 management agency: Provided further, That notwith24 standing any other provision of law, $6,914,000 of funds 

25 appropriated under this appropriation shall be available 


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1 for the Forest Service in support of fire science research 

2 authorized by the Joint Fire Science Program, including 

3 all Forest Service authorities for the use of funds, such 

4 as contracts, grants, research joint venture agreements, 

5 and cooperative agreements: Provided further, That all au6 thorities for the use of funds, including the use of con7 tracts, grants, and cooperative agreements, available to 

8 execute the Forest and Rangeland Research appropria9 tion, are also available in the utilization of these funds 

10 for Fire Science Research: Provided further, That funds 

11 provided shall be available for emergency rehabilitation 

12 and restoration, hazardous fuels management activities, 

13 support to Federal emergency response, and wildfire sup14 pression activities of the Forest Service: Provided further, 

15 That of the funds provided, $395,000,000 is for hazardous 

16 fuels management activities, $19,795,000 is for research 

17 activities and to make competitive research grants pursu18 ant to the Forest and Rangeland Renewable Resources 

19 Research Act, (16 U.S.C. 1641 et seq.), $78,000,000 is 

20 for State fire assistance, and $13,000,000 is for volunteer 

21 fire assistance under section 10 of the Cooperative For22 estry Assistance Act of 1978 (16 U.S.C. 2106): Provided 

23 further, That amounts in this paragraph may be trans24 ferred to the ‘‘National Forest System’’, and ‘‘Forest and 

25 Rangeland Research’’ accounts to fund forest and rangeVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 land research, the Joint Fire Science Program, vegetation 

2 and watershed management, heritage site rehabilitation, 

3 and wildlife and fish habitat management and restoration: 

4 Provided further, That of the funds provided, $65,000,000 

5 shall be available for the purpose of acquiring aircraft for 

6 the next-generation airtanker fleet to enhance firefighting 

7 mobility, effectiveness, efficiency, and safety, and such air8 craft shall be suitable for contractor operation over the 

9 terrain and forest ecosystems characteristic of National 

10 Forest System lands, as determined by the Chief of the 

11 Forest Service: Provided further, That the costs of imple12 menting any cooperative agreement between the Federal 

13 Government and any non-Federal entity may be shared, 

14 as mutually agreed on by the affected parties: Provided 

15 further, That the funds provided herein may be used by 

16 the Secretary of Agriculture to enter into procurement 

17 contracts or cooperative agreements or to issue grants for 

18 hazardous fuels management activities and for training or 

19 monitoring associated with such hazardous fuels manage20 ment activities on Federal land or on non-Federal land 

21 if the Secretary determines such activities benefit re22 sources on Federal land: Provided further, That funds 

23 made available to implement the Community Forest Res24 toration Act, Public Law 106–393, title VI, shall be avail25 able for use on non-Federal lands in accordance with auVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 thorities made available to the Forest Service under the 

2 ‘‘State and Private Forestry’’ appropriation: Provided fur3 ther, That the Secretary of the Interior and the Secretary 

4 of Agriculture may authorize the transfer of funds appro5 priated for wildland fire management, in an aggregate 

6 amount not to exceed $50,000,000, between the Depart7 ments when such transfers would facilitate and expedite 

8 wildland fire management programs and projects: Pro9 vided further, That of the funds provided for hazardous 

10 fuels management, not to exceed $5,000,000 may be used 

11 to make grants, using any authorities available to the For12 est Service under the ‘‘State and Private Forestry’’ appro13 priation, for the purpose of creating incentives for in14 creased use of biomass from National Forest System 

15 lands: Provided further, That funds designated for wildfire 

16 suppression, including funds transferred from the 

17 ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be 

18 assessed for cost pools on the same basis as such assess19 ments are calculated against other agency programs: Pro20 vided further, That of the funds for hazardous fuels man21 agement, up to $46,653,000 may be transferred to the 

22 ‘‘National Forest System’’ to support the Integrated Re23 source Restoration pilot program. 


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1 FLAME WILDFIRE SUPPRESSION RESERVE FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses for large fire suppression op4 erations of the Department of Agriculture and as a reserve 

5 fund for suppression and Federal emergency response ac6 tivities, $315,000,000, to remain available until expended: 

7 Provided, That such amounts are only available for trans8 fer to the ‘‘Wildland Fire Management’’ account following 

9 a declaration by the Secretary in accordance with section 

10 502 of the FLAME Act of 2009 (43 U.S.C. 1748a). 

11 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

12 (INCLUDING TRANSFERS OF FUNDS)

13 Appropriations to the Forest Service for the current 

14 fiscal year shall be available for: (1) purchase of passenger 

15 motor vehicles; acquisition of passenger motor vehicles 

16 from excess sources, and hire of such vehicles; purchase, 

17 lease, operation, maintenance, and acquisition of aircraft 

18 to maintain the operable fleet for use in Forest Service 

19 wildland fire programs and other Forest Service programs; 

20 notwithstanding other provisions of law, existing aircraft 

21 being replaced may be sold, with proceeds derived or 

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

23 replacement aircraft; (2) services pursuant to 7 U.S.C. 

24 2225, and not to exceed $100,000 for employment under 

25 5 U.S.C. 3109; (3) purchase, erection, and alteration of 


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1 buildings and other public improvements (7 U.S.C. 2250); 

2 (4) acquisition of land, waters, and interests therein pur3 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

4 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

5 558a, 558d, and 558a note); (6) the cost of uniforms as 

6 authorized by 5 U.S.C. 5901–5902; and (7) for debt col7 lection contracts in accordance with 31 U.S.C. 3718(c). 

8 Any appropriations or funds available to the Forest 

9 Service may be transferred to the Wildland Fire Manage10 ment appropriation for forest firefighting, emergency re11 habilitation of burned-over or damaged lands or waters 

12 under its jurisdiction, and fire preparedness due to severe 

13 burning conditions upon the Secretary’s notification of the 

14 House and Senate Committees on Appropriations that all 

15 fire suppression funds appropriated under the headings 

16 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 

17 Suppression Reserve Fund’’ will be obligated within 30 

18 days: Provided, That all funds used pursuant to this para19 graph must be replenished by a supplemental appropria20 tion which must be requested as promptly as possible. 

21 Funds appropriated to the Forest Service shall be 

22 available for assistance to or through the Agency for Inter23 national Development in connection with forest and range24 land research, technical information, and assistance in for25 eign countries, and shall be available to support forestry 


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1 and related natural resource activities outside the United 

2 States and its territories and possessions, including tech3 nical assistance, education and training, and cooperation 

4 with U.S., private, and international organizations. The 

5 Forest Service, acting for the International Program, may 

6 sign direct funding agreements with foreign governments 

7 and institutions as well as other domestic agencies (includ8 ing the U.S. Agency for International Development, the 

9 Department of State, and the Millennium Challenge Cor10 poration), U.S. private sector firms, institutions and orga11 nizations to provide technical assistance and training pro12 grams overseas on forestry and rangeland management. 

13 Funds appropriated to the Forest Service shall be 

14 available for expenditure or transfer to the Department 

15 of the Interior, Bureau of Land Management, for removal, 

16 preparation, and adoption of excess wild horses and burros 

17 from National Forest System lands, and for the perform18 ance of cadastral surveys to designate the boundaries of 

19 such lands. 

20 None of the funds made available to the Forest Serv21 ice in this Act or any other Act with respect to any fiscal 

22 year shall be subject to transfer under the provisions of 

23 section 702(b) of the Department of Agriculture Organic 

24 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 


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1 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

2 Law 107–171 (7 U.S.C. 8316(b)). 

3 None of the funds available to the Forest Service may 

4 be reprogrammed without the advance approval of the 

5 House and Senate Committees on Appropriations in ac6 cordance with the reprogramming procedures contained in 

7 this Act. 

8 Not more than $82,000,000 of funds available to the 

9 Forest Service shall be transferred to the Working Capital 

10 Fund of the Department of Agriculture and not more than 

11 $14,500,000 of funds available to the Forest Service shall 

12 be transferred to the Department of Agriculture for De13 partment Reimbursable Programs, commonly referred to 

14 as Greenbook charges. Nothing in this paragraph shall 

15 prohibit or limit the use of reimbursable agreements re16 quested by the Forest Service in order to obtain services 

17 from the Department of Agriculture’s National Informa18 tion Technology Center and the Department of Agri19 culture’s International Technology Service. 

20 Of the funds available to the Forest Service, up to 

21 $5,000,000 shall be available for priority projects within 

22 the scope of the approved budget, which shall be carried 

23 out by the Youth Conservation Corps and shall be carried 

24 out under the authority of the Public Lands Corps Act 

25 of 1993, Public Law 103–82, as amended by Public Lands 


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1 Corps Healthy Forests Restoration Act of 2005, Public 

2 Law 109–154. 

3 Of the funds available to the Forest Service, $4,000 

4 is available to the Chief of the Forest Service for official 

5 reception and representation expenses. 

6 Pursuant to sections 405(b) and 410(b) of Public 

7 Law 101–593, of the funds available to the Forest Service, 

8 up to $3,000,000 may be advanced in a lump sum to the 

9 National Forest Foundation to aid conservation partner10 ship projects in support of the Forest Service mission, 

11 without regard to when the Foundation incurs expenses, 

12 for projects on or benefitting National Forest System 

13 lands or related to Forest Service programs: Provided, 

14 That of the Federal funds made available to the Founda15 tion, no more than $300,000 shall be available for admin16 istrative expenses: Provided further, That the Foundation 

17 shall obtain, by the end of the period of Federal financial 

18 assistance, private contributions to match on at least one19 for-one basis funds made available by the Forest Service: 

20 Provided further, That the Foundation may transfer Fed21 eral funds to a Federal or a non-Federal recipient for a 

22 project at the same rate that the recipient has obtained 

23 the non-Federal matching funds. 

24 Pursuant to section 2(b)(2) of Public Law 98–244, 

25 up to $3,000,000 of the funds available to the Forest 


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1 Service may be advanced to the National Fish and Wildlife 

2 Foundation in a lump sum to aid cost-share conservation 

3 projects, without regard to when expenses are incurred, 

4 on or benefitting National Forest System lands or related 

5 to Forest Service programs: Provided, That such funds 

6 shall be matched on at least a one-for-one basis by the 

7 Foundation or its sub-recipients: Provided further, That 

8 the Foundation may transfer Federal funds to a Federal 

9 or non-Federal recipient for a project at the same rate 

10 that the recipient has obtained the non-Federal matching 

11 funds. 

12 Funds appropriated to the Forest Service shall be 

13 available for interactions with and providing technical as14 sistance to rural communities and natural resource-based 

15 businesses for sustainable rural development purposes. 

16 Funds appropriated to the Forest Service shall be 

17 available for payments to counties within the Columbia 

18 River Gorge National Scenic Area, pursuant to section 

19 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

20 663. 

21 Any funds appropriated to the Forest Service may 

22 be used to meet the non-Federal share requirement in sec23 tion 502(c) of the Older Americans Act of 1965 (42 

24 U.S.C. 3056(c)(2)). 


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1 Funds available to the Forest Service, not to exceed 

2 $65,000,000, shall be assessed for the purpose of per3 forming fire, administrative and other facilities mainte4 nance and decommissioning. Such assessments shall occur 

5 using a square foot rate charged on the same basis the 

6 agency uses to assess programs for payment of rent, utili7 ties, and other support services. 

8 Notwithstanding any other provision of law, any ap9 propriations or funds available to the Forest Service not 

10 to exceed $500,000 may be used to reimburse the Office 

11 of the General Counsel (OGC), Department of Agri12 culture, for travel and related expenses incurred as a re13 sult of OGC assistance or participation requested by the 

14 Forest Service at meetings, training sessions, management 

15 reviews, land purchase negotiations and similar nonlitiga16 tion-related matters. Future budget justifications for both 

17 the Forest Service and the Department of Agriculture 

18 should clearly display the sums previously transferred and 

19 the requested funding transfers. 

20 An eligible individual who is employed in any project 

21 funded under title V of the Older Americans Act of 1965 

22 (42 U.S.C. 3056 et seq.) and administered by the Forest 

23 Service shall be considered to be a Federal employee for 

24 purposes of chapter 171 of title 28, United States Code. 


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1 Notwithstanding any other provision of this Act, 

2 through the Office of Budget and Program Analysis, the 

3 Forest Service shall report no later than 30 business days 

4 following the close of each fiscal quarter all current and 

5 prior year unobligated balances, by fiscal year, budget line 

6 item and account, to the House and Senate Committees 

7 on Appropriations. 

8 Funds appropriated to the Forest Service shall be 

9 available to categorically exclude from documentation in 

10 an environmental assessment or an environmental impact 

11 statement under the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.) a forest management 

13 activity on National Forest System lands when the pri14 mary purpose of the forest management activity is: (1) 

15 to address an insect or disease infestation; (2) to reduce 

16 hazardous fuel loads; (3) to protect a municipal water 

17 source; (4) to maintain, enhance, or modify critical habitat 

18 to protect it from catastrophic disturbances; (5) to in19 crease water yield; or (6) any combination of these pur20 poses: Provided, That the land on which the forest man21 agement activity is carried out may not exceed 3,000 

22 acres. 


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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion and Education Assistance Act, the Indian Health 

8 Care Improvement Act, and titles II and III of the Public 

9 Health Service Act with respect to the Indian Health Serv10 ice, $3,720,690,000, together with payments received dur11 ing the fiscal year pursuant to 42 U.S.C. 238(b) and 

12 238b, for services furnished by the Indian Health Service: 

13 Provided, That funds made available to tribes and tribal 

14 organizations through contracts, grant agreements, or any 

15 other agreements or compacts authorized by the Indian 

16 Self-Determination and Education Assistance Act of 1975 

17 (25 U.S.C. 450), shall be deemed to be obligated at the 

18 time of the grant or contract award and thereafter shall 

19 remain available to the tribe or tribal organization without 

20 fiscal year limitation: Provided further, That 

21 $960,831,000 for Purchased/Referred Care, including 

22 $53,000,000 for the Indian Catastrophic Health Emer23 gency Fund, shall remain available until expended: Pro24 vided further, That of the funds provided, up to 

25 $37,000,000 shall remain available until expended for imVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 plementation of the loan repayment program under section 

2 108 of the Indian Health Care Improvement Act: Provided 

3 further, That of the funds provided, $2,000,000 shall be 

4 used to supplement funds available for operational costs 

5 at tribal clinics operated under an Indian Self-Determina6 tion and Education Assistance Act compact or contract 

7 where health care is delivered in space acquired through 

8 a full service lease, which is not eligible for maintenance 

9 and improvement and equipment funds from the Indian 

10 Health Service, and $6,000,000 shall be for accreditation 

11 emergencies: Provided further, That the amounts collected 

12 by the Federal Government as authorized by sections 104 

13 and 108 of the Indian Health Care Improvement Act (25 

14 U.S.C. 1613a and 1616a) during the preceding fiscal year 

15 for breach of contracts shall be deposited to the Fund au16 thorized by section 108A of the Act (25 U.S.C. 1616a17 1) and shall remain available until expended and, notwith18 standing section 108A(c) of the Act (25 U.S.C. 1616a19 1(c)), funds shall be available to make new awards under 

20 the loan repayment and scholarship programs under sec21 tions 104 and 108 of the Act (25 U.S.C. 1613a and 

22 1616a): Provided further, That the amounts made avail23 able within this account for the Substance Abuse and Sui24 cide Prevention Program, for the Domestic Violence Pre25 vention Program, for the Zero Suicide Initiative, for 


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1 aftercare pilots at Youth Regional Treatment Centers, to 

2 improve collections from public and private insurance at 

3 Indian Health Service and tribally operated facilities, and 

4 for accreditation emergencies shall be allocated at the dis5 cretion of the Director of the Indian Health Service and 

6 shall remain available until expended: Provided further, 

7 That funds provided in this Act may be used for annual 

8 contracts and grants that fall within 2 fiscal years, pro9 vided the total obligation is recorded in the year the funds 

10 are appropriated: Provided further, That the amounts col11 lected by the Secretary of Health and Human Services 

12 under the authority of title IV of the Indian Health Care 

13 Improvement Act shall remain available until expended for 

14 the purpose of achieving compliance with the applicable 

15 conditions and requirements of titles XVIII and XIX of 

16 the Social Security Act, except for those related to the 

17 planning, design, or construction of new facilities: Pro18 vided further, That funding contained herein for scholar19 ship programs under the Indian Health Care Improvement 

20 Act (25 U.S.C. 1613) shall remain available until ex21 pended: Provided further, That amounts received by tribes 

22 and tribal organizations under title IV of the Indian 

23 Health Care Improvement Act shall be reported and ac24 counted for and available to the receiving tribes and tribal 

25 organizations until expended: Provided further, That the 


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1 Bureau of Indian Affairs may collect from the Indian 

2 Health Service, tribes and tribal organizations operating 

3 health facilities pursuant to Public Law 93–638, such in4 dividually identifiable health information relating to dis5 abled children as may be necessary for the purpose of car6 rying out its functions under the Individuals with Disabil7 ities Education Act (20 U.S.C. 1400, et seq.): Provided 

8 further, That the Indian Health Care Improvement Fund 

9 may be used, as needed, to carry out activities typically 

10 funded under the Indian Health Facilities account. 

11 CONTRACT SUPPORT COSTS

12 For payments to tribes and tribal organizations for 

13 contract support costs associated with Indian Self-Deter14 mination and Education Assistance Act agreements with 

15 the Indian Health Service for fiscal year 2017, such sums 

16 as may be necessary: Provided, That notwithstanding any 

17 other provision of law, no amounts made available under 

18 this heading shall be available for transfer to another 

19 budget account. 

20 INDIAN HEALTH FACILITIES

21 For construction, repair, maintenance, improvement, 

22 and equipment of health and related auxiliary facilities, 

23 including quarters for personnel; preparation of plans, 

24 specifications, and drawings; acquisition of sites, purchase 

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1 ers; and for provision of domestic and community sanita2 tion facilities for Indians, as authorized by section 7 of 

3 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

4 Self-Determination Act, and the Indian Health Care Im5 provement Act, and for expenses necessary to carry out 

6 such Acts and titles II and III of the Public Health Serv7 ice Act with respect to environmental health and facilities 

8 support activities of the Indian Health Service, 

9 $557,946,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, 

11 funds appropriated for the planning, design, construction, 

12 renovation or expansion of health facilities for the benefit 

13 of an Indian tribe or tribes may be used to purchase land 

14 on which such facilities will be located: Provided further, 

15 That not to exceed $500,000 may be used by the Indian 

16 Health Service to purchase TRANSAM equipment from 

17 the Department of Defense for distribution to the Indian 

18 Health Service and tribal facilities: Provided further, That 

19 none of the funds appropriated to the Indian Health Serv20 ice may be used for sanitation facilities construction for 

21 new homes funded with grants by the housing programs 

22 of the United States Department of Housing and Urban 

23 Development: Provided further, That not to exceed 

24 $2,700,000 from this account and the ‘‘Indian Health 

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1 ice to obtain ambulances for the Indian Health Service 

2 and tribal facilities in conjunction with an existing inter3 agency agreement between the Indian Health Service and 

4 the General Services Administration: Provided further, 

5 That not to exceed $500,000 may be placed in a Demoli6 tion Fund, to remain available until expended, and be used 

7 by the Indian Health Service for the demolition of Federal 

8 buildings. 

9 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

10 Appropriations provided in this Act to the Indian 

11 Health Service shall be available for services as authorized 

12 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

13 equivalent to the maximum rate payable for senior-level 

14 positions under 5 U.S.C. 5376; hire of passenger motor 

15 vehicles and aircraft; purchase of medical equipment; pur16 chase of reprints; purchase, renovation and erection of 

17 modular buildings and renovation of existing facilities; 

18 payments for telephone service in private residences in the 

19 field, when authorized under regulations approved by the 

20 Secretary; uniforms or allowances therefor as authorized 

21 by 5 U.S.C. 5901–5902; and for expenses of attendance 

22 at meetings that relate to the functions or activities of the 

23 Indian Health Service: Provided, That in accordance with 

24 the provisions of the Indian Health Care Improvement 

25 Act, non-Indian patients may be extended health care at 


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1 all tribally administered or Indian Health Service facili2 ties, subject to charges, and the proceeds along with funds 

3 recovered under the Federal Medical Care Recovery Act 

4 (42 U.S.C. 2651–2653) shall be credited to the account 

5 of the facility providing the service and shall be available 

6 without fiscal year limitation: Provided further, That not7 withstanding any other law or regulation, funds trans8 ferred from the Department of Housing and Urban Devel9 opment to the Indian Health Service shall be administered 

10 under Public Law 86–121, the Indian Sanitation Facilities 

11 Act and Public Law 93–638: Provided further, That funds 

12 appropriated to the Indian Health Service in this Act, ex13 cept those used for administrative and program direction 

14 purposes, shall not be subject to limitations directed at 

15 curtailing Federal travel and transportation: Provided fur16 ther, That none of the funds made available to the Indian 

17 Health Service in this Act shall be used for any assess18 ments or charges by the Department of Health and 

19 Human Services unless identified in the budget justifica20 tion and provided in this Act, or approved by the House 

21 and Senate Committees on Appropriations through the re22 programming process: Provided further, That notwith23 standing any other provision of law, funds previously or 

24 herein made available to a tribe or tribal organization 

25 through a contract, grant, or agreement authorized by 


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1 title I or title V of the Indian Self-Determination and 

2 Education Assistance Act of 1975 (25 U.S.C. 450), may 

3 be deobligated and reobligated to a self-determination con4 tract under title I, or a self-governance agreement under 

5 title V of such Act and thereafter shall remain available 

6 to the tribe or tribal organization without fiscal year limi7 tation: Provided further, That none of the funds made 

8 available to the Indian Health Service in this Act shall 

9 be used to implement the final rule published in the Fed10 eral Register on September 16, 1987, by the Department 

11 of Health and Human Services, relating to the eligibility 

12 for the health care services of the Indian Health Service 

13 until the Indian Health Service has submitted a budget 

14 request reflecting the increased costs associated with the 

15 proposed final rule, and such request has been included 

16 in an appropriations Act and enacted into law: Provided 

17 further, That with respect to functions transferred by the 

18 Indian Health Service to tribes or tribal organizations, the 

19 Indian Health Service is authorized to provide goods and 

20 services to those entities on a reimbursable basis, includ21 ing payments in advance with subsequent adjustment, and 

22 the reimbursements received therefrom, along with the 

23 funds received from those entities pursuant to the Indian 

24 Self-Determination Act, may be credited to the same or 

25 subsequent appropriation account from which the funds 


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1 were originally derived, with such amounts to remain 

2 available until expended: Provided further, That reim3 bursements for training, technical assistance, or services 

4 provided by the Indian Health Service will contain total 

5 costs, including direct, administrative, and overhead asso6 ciated with the provision of goods, services, or technical 

7 assistance: Provided further, That the appropriation struc8 ture for the Indian Health Service may not be altered 

9 without advance notification to the House and Senate 

10 Committees on Appropriations. 

11 NATIONAL INSTITUTES OF HEALTH

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

14 For necessary expenses for the National Institute of 

15 Environmental Health Sciences in carrying out activities 

16 set forth in section 311(a) of the Comprehensive Environ17 mental Response, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

19 Superfund Amendments and Reauthorization Act of 1986, 

20 $77,349,000. 


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1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i) and 111(c)(4) of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (CERCLA) and section 3019 

10 of the Solid Waste Disposal Act, $74,691,000, of which 

11 up to $1,000 per eligible employee of the Agency for Toxic 

12 Substances and Disease Registry shall remain available 

13 until expended for Individual Learning Accounts: Pro14 vided, That notwithstanding any other provision of law, 

15 in lieu of performing a health assessment under section 

16 104(i)(6) of CERCLA, the Administrator of ATSDR may 

17 conduct other appropriate health studies, evaluations, or 

18 activities, including, without limitation, biomedical testing, 

19 clinical evaluations, medical monitoring, and referral to 

20 accredited healthcare providers: Provided further, That in 

21 performing any such health assessment or health study, 

22 evaluation, or activity, the Administrator of ATSDR shall 

23 not be bound by the deadlines in section 104(i)(6)(A) of 

24 CERCLA: Provided further, That none of the funds appro25 priated under this heading shall be available for ATSDR 


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1 to issue in excess of 40 toxicological profiles pursuant to 

2 section 104(i) of CERCLA during fiscal year 2017, and 

3 existing profiles may be updated as necessary. 

4 OTHER RELATED AGENCIES 

5 EXECUTIVE OFFICE OF THE PRESIDENT

6 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

7 ENVIRONMENTAL QUALITY

8 For necessary expenses to continue functions as9 signed to the Council on Environmental Quality and Office 

10 of Environmental Quality pursuant to the National Envi11 ronmental Policy Act of 1969, the Environmental Quality 

12 Improvement Act of 1970, and Reorganization Plan No. 

13 1 of 1977, and not to exceed $750 for official reception 

14 and representation expenses, $3,000,000: Provided, That 

15 notwithstanding section 202 of the National Environ16 mental Policy Act of 1970, the Council shall consist of 

17 one member, appointed by the President, by and with the 

18 advice and consent of the Senate, serving as chairman and 

19 exercising all powers, functions, and duties of the Council. 

20 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses in carrying out activities pur23 suant to section 112(r)(6) of the Clean Air Act, including 

24 hire of passenger vehicles, uniforms or allowances there25 for, as authorized by 5 U.S.C. 5901–5902, and for servVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 ices authorized by 5 U.S.C. 3109 but at rates for individ2 uals not to exceed the per diem equivalent to the maximum 

3 rate payable for senior level positions under 5 U.S.C. 

4 5376, $11,000,000: Provided, That the Chemical Safety 

5 and Hazard Investigation Board (Board) shall have not 

6 more than three career Senior Executive Service positions: 

7 Provided further, That notwithstanding any other provi8 sion of law, the individual appointed to the position of In9 spector General of the Environmental Protection Agency 

10 (EPA) shall, by virtue of such appointment, also hold the 

11 position of Inspector General of the Board: Provided fur12 ther, That notwithstanding any other provision of law, the 

13 Inspector General of the Board shall utilize personnel of 

14 the Office of Inspector General of EPA in performing the 

15 duties of the Inspector General of the Board, and shall 

16 not appoint any individuals to positions within the Board. 

17 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Office of Navajo and 

21 Hopi Indian Relocation as authorized by Public Law 93– 

22 531, $15,431,000, to remain available until expended: 

23 Provided, That funds provided in this or any other appro24 priations Act are to be used to relocate eligible individuals 

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1 tioned lands residents, those in significantly substandard 

2 housing, and all others certified as eligible and not in3 cluded in the preceding categories: Provided further, That 

4 none of the funds contained in this or any other Act may 

5 be used by the Office of Navajo and Hopi Indian Reloca6 tion to evict any single Navajo or Navajo family who, as 

7 of November 30, 1985, was physically domiciled on the 

8 lands partitioned to the Hopi Tribe unless a new or re9 placement home is provided for such household: Provided 

10 further, That no relocatee will be provided with more than 

11 one new or replacement home: Provided further, That the 

12 Office shall relocate any certified eligible relocatees who 

13 have selected and received an approved homesite on the 

14 Navajo reservation or selected a replacement residence off 

15 the Navajo reservation or on the land acquired pursuant 

16 to 25 U.S.C. 640d-10: Provided further, That $200,000 

17 shall be transferred to the Office of Inspector General of 

18 the Department of the Interior, to remain available until 

19 expended, for audits and investigations of the Office of 

20 Navajo and Hopi Indian Relocation, consistent with the 

21 Inspector General Act of 1978 (5 U.S.C. App.). 


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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and 

5 Alaska Native Culture and Arts Development, as author6 ized by title XV of Public Law 99–498 (20 U.S.C. 56 part 

7 A), $11,619,000, to remain available until September 30, 

8 2018. 

9 SMITHSONIAN INSTITUTION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Smithsonian Institu12 tion, as authorized by law, including research in the fields 

13 of art, science, and history; development, preservation, and 

14 documentation of the National Collections; presentation of 

15 public exhibits and performances; collection, preparation, 

16 dissemination, and exchange of information and publica17 tions; conduct of education, training, and museum assist18 ance programs; maintenance, alteration, operation, lease 

19 agreements of no more than 30 years, and protection of 

20 buildings, facilities, and approaches; not to exceed 

21 $100,000 for services as authorized by 5 U.S.C. 3109; and 

22 purchase, rental, repair, and cleaning of uniforms for em23 ployees, $712,487,000, to remain available until Sep24 tember 30, 2018, except as otherwise provided herein; of 

25 which not to exceed $50,467,000 for the instrumentation 


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1 program, collections acquisition, exhibition reinstallation, 

2 the National Museum of African American History and 

3 Culture, and the repatriation of skeletal remains program 

4 shall remain available until expended; and including such 

5 funds as may be necessary to support American overseas 

6 research centers: Provided, That funds appropriated here7 in are available for advance payments to independent con8 tractors performing research services or participating in 

9 official Smithsonian presentations. 

10 FACILITIES CAPITAL

11 For necessary expenses of repair, revitalization, and 

12 alteration of facilities owned or occupied by the Smithso13 nian Institution, by contract or otherwise, as authorized 

14 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

15 and for construction, including necessary personnel, 

16 $150,860,000, to remain available until expended, of 

17 which not to exceed $10,000 shall be for services as au18 thorized by 5 U.S.C. 3109. 

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gal22 lery of Art, the protection and care of the works of art 

23 therein, and administrative expenses incident thereto, as 

24 authorized by the Act of March 24, 1937 (50 Stat. 51), 

25 as amended by the public resolution of April 13, 1939 


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1 (Public Resolution 9, Seventy-sixth Congress), including 

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for 

4 membership in library, museum, and art associations or 

5 societies whose publications or services are available to 

6 members only, or to members at a price lower than to the 

7 general public; purchase, repair, and cleaning of uniforms 

8 for guards, and uniforms, or allowances therefor, for other 

9 employees as authorized by law (5 U.S.C. 5901–5902); 

10 purchase or rental of devices and services for protecting 

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches, 

13 and grounds; and purchase of services for restoration and 

14 repair of works of art for the National Gallery of Art by 

15 contracts made, without advertising, with individuals, 

16 firms, or organizations at such rates or prices and under 

17 such terms and conditions as the Gallery may deem prop18 er, $130,801,000, to remain available until September 30, 

19 2018, of which not to exceed $3,620,000 for the special 

20 exhibition program shall remain available until expended. 

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and 

23 renovation of buildings, grounds and facilities owned or 

24 occupied by the National Gallery of Art, by contract or 

25 otherwise, for operating lease agreements of no more than 


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1 10 years, with no extensions or renewals beyond the 10 

2 years, that address space needs created by the ongoing 

3 renovations in the Master Facilities Plan, as authorized, 

4 $22,564,000, to remain available until expended: Pro5 vided, That contracts awarded for environmental systems, 

6 protection systems, and exterior repair or renovation of 

7 buildings of the National Gallery of Art may be negotiated 

8 with selected contractors and awarded on the basis of con9 tractor qualifications as well as price. 

10 JOHN F. KENNEDY CENTER FOR THE PERFORMING

11 ARTS

12 OPERATIONS AND MAINTENANCE

13 For necessary expenses for the operation, mainte14 nance and security of the John F. Kennedy Center for 

15 the Performing Arts, $22,260,000. 

16 CAPITAL REPAIR AND RESTORATION

17 For necessary expenses for capital repair and restora18 tion of the existing features of the building and site of 

19 the John F. Kennedy Center for the Performing Arts, 

20 $14,140,000, to remain available until expended. 

21 WOODROW WILSON INTERNATIONAL CENTER FOR

22 SCHOLARS

23 SALARIES AND EXPENSES

24 For expenses necessary in carrying out the provisions 

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 


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1 1356) including hire of passenger vehicles and services as 

2 authorized by 5 U.S.C. 3109, $10,500,000, to remain 

3 available until September 30, 2018. 

4 NATIONAL FOUNDATION ON THE ARTS AND THE

5 HUMANITIES

6 NATIONAL ENDOWMENT FOR THE ARTS

7 GRANTS AND ADMINISTRATION

8 For necessary expenses to carry out the National 

9 Foundation on the Arts and the Humanities Act of 1965, 

10 $149,849,000 shall be available to the National Endow11 ment for the Arts for the support of projects and produc12 tions in the arts, including arts education and public out13 reach activities, through assistance to organizations and 

14 individuals pursuant to section 5 of the Act, for program 

15 support, and for administering the functions of the Act, 

16 to remain available until expended. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 $149,848,000, to remain available until expended, of 

22 which $139,148,000 shall be available for support of ac23 tivities in the humanities, pursuant to section 7(c) of the 

24 Act and for administering the functions of the Act; and 

25 $10,700,000 shall be available to carry out the matching 


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1 grants program pursuant to section 10(a)(2) of the Act, 

2 including $8,500,000 for the purposes of section 7(h): 

3 Provided, That appropriations for carrying out section 

4 10(a)(2) shall be available for obligation only in such 

5 amounts as may be equal to the total amounts of gifts, 

6 bequests, devises of money, and other property accepted 

7 by the chairman or by grantees of the National Endow8 ment for the Humanities under the provisions of sections 

9 11(a)(2)(B) and 11(a)(3)(B) during the current and pre10 ceding fiscal years for which equal amounts have not pre11 viously been appropriated. 

12 ADMINISTRATIVE PROVISIONS

13 None of the funds appropriated to the National 

14 Foundation on the Arts and the Humanities may be used 

15 to process any grant or contract documents which do not 

16 include the text of 18 U.S.C. 1913: Provided, That none 

17 of the funds appropriated to the National Foundation on 

18 the Arts and the Humanities may be used for official re19 ception and representation expenses: Provided further, 

20 That funds from nonappropriated sources may be used as 

21 necessary for official reception and representation ex22 penses: Provided further, That the Chairperson of the Na23 tional Endowment for the Arts may approve grants of up 

24 to $10,000, if in the aggregate the amount of such grants 

25 does not exceed 5 percent of the sums appropriated for 


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1 grantmaking purposes per year: Provided further, That 

2 such small grant actions are taken pursuant to the terms 

3 of an expressed and direct delegation of authority from 

4 the National Council on the Arts to the Chairperson. 

5 COMMISSION OF FINE ARTS

6 SALARIES AND EXPENSES

7 For expenses of the Commission of Fine Arts under 

8 chapter 91 of title 40, United States Code, $2,762,000: 

9 Provided, That the Commission is authorized to charge 

10 fees to cover the full costs of its publications, and such 

11 fees shall be credited to this account as an offsetting col12 lection, to remain available until expended without further 

13 appropriation: Provided further, That the Commission is 

14 authorized to accept gifts, including objects, papers, art15 work, drawings and artifacts, that pertain to the history 

16 and design of the Nation’s Capital or the history and ac17 tivities of the Commission of Fine Arts, for the purpose 

18 of artistic display, study or education: Provided further, 

19 That one-tenth of one percent of the funds provided under 

20 this heading may be used for official reception and rep21 resentation expenses. 

22 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

23 For necessary expenses as authorized by Public Law 

24 99–190 (20 U.S.C. 956a), $2,000,000. 


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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on 

4 Historic Preservation (Public Law 89–665), $6,480,000. 

5 NATIONAL CAPITAL PLANNING COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the National Capital Plan8 ning Commission under chapter 87 of title 40, United 

9 States Code, including services as authorized by 5 U.S.C. 

10 3109, $8,099,000: Provided, That one-quarter of 1 per11 cent of the funds provided under this heading may be used 

12 for official reception and representational expenses associ13 ated with hosting international visitors engaged in the 

14 planning and physical development of world capitals. 

15 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

16 HOLOCAUST MEMORIAL MUSEUM

17 For expenses of the Holocaust Memorial Museum, as 

18 authorized by Public Law 106–292 (36 U.S.C. 2301– 

19 2310), $57,000,000, of which $1,215,000 shall remain 

20 available until September 30, 2019, for the Museum’s 

21 equipment replacement program; and of which $2,500,000 

22 for the Museum’s repair and rehabilitation program and 

23 $1,264,000 for the Museum’s outreach initiatives program 

24 shall remain available until expended. 


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1 TITLE IV 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS OF FUNDS)

4 RESTRICTION ON USE OF FUNDS

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative 

9 proposal on which Congressional action is not complete 

10 other than to communicate to Members of Congress as 

11 described in 18 U.S.C. 1913. 

12 OBLIGATION OF APPROPRIATIONS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 REPROGRAMMING PROCEDURES, DISCLOSURE OF

17 ADMINISTRATIVE EXPENSES, AND OPERATING PLANS

18 SEC. 403. (a) DEFINITIONS.—For the purposes of 

19 this section: 

20 (1) ‘‘Reprogramming’’ includes: 

21 (A) The reallocation of funds from one 

22 program, project, or activity, to another within 

23 any appropriation funded in this Act. 

24 (B) For construction, land acquisition, and 

25 forest legacy accounts, the reallocation of funds, 

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1 struction, land acquisition, or forest legacy 

2 project to another such project. 

3 (C) An operating plan or any later modi4 fication thereof submitted under subsection (i) 

5 of this section. 

6 (D) Proposed reorganizations even without 

7 a change in funding, including any change to 

8 the organization table presented in the budget 

9 justification. 

10 (2) ‘‘Program’’, ‘‘project’’, and ‘‘activity’’ con11 stitute the delineation below the appropriation ac12 count level of any agency funded by this Act, as 

13 shown in any table of the report accompanying this 

14 Act. 

15 (3) ‘‘Funds’’ includes funds provided in this Act 

16 or previous appropriations Acts that are available 

17 for obligation in the current fiscal year and any 

18 amounts available for obligation in the current fiscal 

19 year derived from collections, fees or charges. 

20 (4) ‘‘Assessment’’ is any overhead charge, de21 duction, reserve or holdback, including working cap22 ital fund and cost pool charges, from any program, 

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1 tions or headquarters, regional, or central operations 

2 or to provide for contingencies. 

3 (b) GENERAL GUIDELINES FOR RE4 PROGRAMMING.— 

5 (1) A reprogramming should be made only when an 

6 unforeseen situation arises, and then only if postponement 

7 of the project or the activity until the next appropriation 

8 year would result in actual loss or damage. 

9 (2) Any project or activity, which may be deferred 

10 through reprogramming, shall not later be accomplished 

11 by means of further reprogramming, but instead, funds 

12 should again be sought for the deferred project or activity 

13 through the regular appropriations process. 

14 (3) Except under the most urgent situations, re15 programming should not be employed to initiate new pro16 grams or increase allocations specifically denied or limited 

17 by the Congress, or to decrease allocations specifically in18 creased by the Congress. 

19 (4) New programs requested in the budget should not 

20 be initiated before enactment of the bill without notifica21 tion to, and the approval of, the Committees on Appro22 priations of the House of Representatives and the Senate 

23 (hereinafter ‘‘the Committees’’). This restriction applies to 

24 all such actions regardless of whether a formal reprogram25 ming of funds is required to begin the program. 


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1 (c) CRITERIA.— 

2 (1) A reprogramming shall be submitted to the Com3 mittees in writing 30 days prior to implementation if— 

4 (A) it exceeds $1,000,000 individually or cumu5 latively or results in a cumulative increase or de6 crease of more than 10 percent of funds annually in 

7 any affected program, project, or activity; 

8 (B) it is a reorganization; or 

9 (C) it is an operating plan or any later modi10 fication thereof as submitted under subsection (i) of 

11 this section: Provided, That such plan or modifica12 tion thereof also meets any of the other criteria 

13 under subsection (c)(1) of this section. 

14 (2) No funds shall be available for obligation or ex15 penditure through a reprogramming until 30 days after 

16 the receipt by the Committees of a notice of proposed re17 programming. 

18 (3) A reprogramming shall be considered approved 30 

19 days after receipt if the Committees have posed no objec20 tion. However, agencies will be expected to extend the ap21 proval deadline if specifically requested by either Com22 mittee. 

23 (d) EXCEPTIONS.— 

24 (1) With regard to the tribal priority allocations of 

25 the Bureau of Indian Affairs, there is no restriction on 


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1 reprogrammings among these programs. However, the Bu2 reau shall report on all reprogrammings made during a 

3 given fiscal year no later than 60 days after the end of 

4 the fiscal year. 

5 (2) With regard to the Environmental Protection 

6 Agency, State and Tribal Assistance Grants account, the 

7 Committees do not require reprogramming requests asso8 ciated with States and Tribes Partnership Grants. 

9 (e) ASSESSMENTS.— 

10 (1) No assessment shall be levied or collected unless 

11 such assessment and the basis therefor are presented to 

12 the Committees in the budget justifications and are subse13 quently approved by the Committees. The explanation for 

14 any assessment in the budget justification shall show the 

15 amount of the assessment, the activities assessed, and the 

16 purpose of the funds. 

17 (2) Proposed changes to estimated assessments, as 

18 such estimates were presented in annual budget justifica19 tions, shall be submitted through the reprogramming proc20 ess set out in this section and shall be subject to the same 

21 dollar and reporting criteria as any other reprogramming. 

22 (3) Each department, agency or bureau that utilizes 

23 assessments shall submit an annual report to the Commit24 tees which provides details on the use of all funds assessed 

25 from any other program, project, or activity. 


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1 (4) In no case shall contingency funds or assessments 

2 be used to finance agency actions disapproved or limited 

3 by the Congress. 

4 (f) LAND ACQUISITIONS, EASEMENTS, AND 

5 FOREST LEGACY.—Lands shall not be acquired for 

6 more than the approved appraised value (as addressed in 

7 section 301(3) of Public Law 91–646), unless such acqui8 sitions are submitted to the Committees for approval in 

9 compliance with these procedures. 

10 (g) LAND EXCHANGES.—Land exchanges, where11 in the estimated value of the Federal lands to be ex12 changed is greater than $1,000,000, shall not be con13 summated until the Committees have had a 30-day period 

14 in which to examine the proposed exchange. In addition, 

15 the Committees shall be provided advance notification of 

16 exchanges valued between $500,000 and $1,000,000. 

17 (h) BUDGET STRUCTURE.—The program, 

18 project, and activity structure for any agency appropria19 tion account shall not be altered without advance approval 

20 of the Committees. 

21 (i) OPERATING PLANS.—Not later than 60 days 

22 after the date of enactment of this Act, each department 

23 or agency funded by this Act shall submit an operating 

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1 cation of reprogramming for the current fiscal year. The 

2 operating plan shall include— 

3 (1) a table for each appropriation with a separate col4 umn to display the President’s budget request, adjust5 ments made by the Congress, enacted rescissions, if appro6 priate, and the fiscal year enacted level; 

7 (2) a delineation in the table for each appropriation 

8 by program, project, and activity for the respective appro9 priation; and 

10 (3) an identification of items of special congressional 

11 interest. 

12 MINING APPLICATIONS

13 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

14 funds appropriated or otherwise made available pursuant 

15 to this Act shall be obligated or expended to accept or 

16 process applications for a patent for any mining or mill 

17 site claim located under the general mining laws. 

18 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

19 the Secretary of the Interior determines that, for the claim 

20 concerned (1) a patent application was filed with the Sec21 retary on or before September 30, 1994; and (2) all re22 quirements established under sections 2325 and 2326 of 

23 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

24 lode claims, sections 2329, 2330, 2331, and 2333 of the 

25 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

26 claims, and section 2337 of the Revised Statutes (30 


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1 U.S.C. 42) for mill site claims, as the case may be, were 

2 fully complied with by the applicant by that date. 

3 (c) REPORT.—On September 30, 2018, the Secretary 

4 of the Interior shall file with the House and Senate Com5 mittees on Appropriations and the Committee on Natural 

6 Resources of the House and the Committee on Energy and 

7 Natural Resources of the Senate a report on actions taken 

8 by the Department under the plan submitted pursuant to 

9 section 314(c) of the Department of the Interior and Re10 lated Agencies Appropriations Act, 1997 (Public Law 

11 104–208). 

12 (d) MINERAL EXAMINATIONS.—In order to process 

13 patent applications in a timely and responsible manner, 

14 upon the request of a patent applicant, the Secretary of 

15 the Interior shall allow the applicant to fund a qualified 

16 third-party contractor to be selected by the Director of the 

17 Bureau of Land Management to conduct a mineral exam18 ination of the mining claims or mill sites contained in a 

19 patent application as set forth in subsection (b). The Bu20 reau of Land Management shall have the sole responsi21 bility to choose and pay the third-party contractor in ac22 cordance with the standard procedures employed by the 

23 Bureau of Land Management in the retention of third24 party contractors. 


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1 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

2 SEC. 405. Sections 405 and 406 of division F of the 

3 Consolidated and Further Continuing Appropriations Act, 

4 2015 (Public Law 113–235) shall continue in effect in fis5 cal year 2017. 

6 CONTRACT SUPPORT COSTS, FISCAL YEAR 2017

7 LIMITATION

8 SEC. 406. Amounts provided by this Act for fiscal 

9 year 2017 under the headings ‘‘Department of Health and 

10 Human Services, Indian Health Service, Contract Support 

11 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

12 Affairs and Bureau of Indian Education, Contract Sup13 port Costs’’ are the only amounts available for contract 

14 support costs arising out of self-determination or self-gov15 ernance contracts, grants, compacts, or annual funding 

16 agreements for fiscal year 2017 with the Bureau of Indian 

17 Affairs or the Indian Health Service: Provided, That such 

18 amounts provided by this Act are not available for pay19 ment of claims for contract support costs for prior years, 

20 or for repayments of payments for settlements or judg21 ments awarding contract support costs for prior years. 

22 FOREST MANAGEMENT PLANS

23 SEC. 407. The Secretary of Agriculture shall not be 

24 considered to be in violation of subparagraph 6(f)(5)(A) 

25 of the Forest and Rangeland Renewable Resources Plan26 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 


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1 more than 15 years have passed without revision of the 

2 plan for a unit of the National Forest System. Nothing 

3 in this section exempts the Secretary from any other re4 quirement of the Forest and Rangeland Renewable Re5 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

6 other law: Provided, That if the Secretary is not acting 

7 expeditiously and in good faith, within the funding avail8 able, to revise a plan for a unit of the National Forest 

9 System, this section shall be void with respect to such plan 

10 and a court of proper jurisdiction may order completion 

11 of the plan on an accelerated basis. 

12 PROHIBITION WITHIN NATIONAL MONUMENTS

13 SEC. 408. No funds provided in this Act may be ex14 pended to conduct preleasing, leasing and related activities 

15 under either the Mineral Leasing Act (30 U.S.C. 181 et 

16 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

17 1331 et seq.) within the boundaries of a National Monu18 ment established pursuant to the Act of June 8, 1906 (16 

19 U.S.C. 431 et seq.) as such boundary existed on January 

20 20, 2001, except where such activities are allowed under 

21 the Presidential proclamation establishing such monu22 ment. 

23 LIMITATION ON TAKINGS

24 SEC. 409. Unless otherwise provided herein, no funds 

25 appropriated in this Act for the acquisition of lands or 

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1 larations of taking or complaints in condemnation without 

2 the approval of the House and Senate Committees on Ap3 propriations: Provided, That this provision shall not apply 

4 to funds appropriated to implement the Everglades Na5 tional Park Protection and Expansion Act of 1989, or to 

6 funds appropriated for Federal assistance to the State of 

7 Florida to acquire lands for Everglades restoration pur8 poses. 

9 TIMBER SALE REQUIREMENTS

10 SEC. 410. No timber sale in Alaska’s Region 10 shall 

11 be advertised if the indicated rate is deficit (defined as 

12 the value of the timber is not sufficient to cover all logging 

13 and stumpage costs and provide a normal profit and risk 

14 allowance under the Forest Service’s appraisal process) 

15 when appraised using a residual value appraisal. The west16 ern red cedar timber from those sales which is surplus 

17 to the needs of the domestic processors in Alaska, shall 

18 be made available to domestic processors in the contiguous 

19 48 United States at prevailing domestic prices. All addi20 tional western red cedar volume not sold to Alaska or con21 tiguous 48 United States domestic processors may be ex22 ported to foreign markets at the election of the timber sale 

23 holder. All Alaska yellow cedar may be sold at prevailing 

24 export prices at the election of the timber sale holder. 


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1 PROHIBITION ON NO-BID CONTRACTS

2 SEC. 411. None of the funds appropriated or other3 wise made available by this Act to executive branch agen4 cies may be used to enter into any Federal contract unless 

5 such contract is entered into in accordance with the re6 quirements of Chapter 33 of title 41, United States Code, 

7 or Chapter 137 of title 10, United States Code, and the 

8 Federal Acquisition Regulation, unless— 

9 (1) Federal law specifically authorizes a con10 tract to be entered into without regard for these re11 quirements, including formula grants for States, or 

12 federally recognized Indian tribes; or 

13 (2) such contract is authorized by the Indian 

14 Self-Determination and Education Assistance Act 

15 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

16 any other Federal laws that specifically authorize a 

17 contract within an Indian tribe as defined in section 

18 4(e) of that Act (25 U.S.C. 450b(e)); or 

19 (3) such contract was awarded prior to the date 

20 of enactment of this Act. 

21 POSTING OF REPORTS

22 SEC. 412. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public website of that agency any report re25 quired to be submitted by the Congress in this or any 


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1 other Act, upon the determination by the head of the agen2 cy that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises national security; or 

6 (2) the report contains proprietary information. 

7 (c) The head of the agency posting such report shall 

8 do so only after such report has been made available to 

9 the requesting Committee or Committees of Congress for 

10 no less than 45 days. 

11 NATIONAL ENDOWMENT FOR THE ARTS GRANT

12 GUIDELINES

13 SEC. 413. Of the funds provided to the National En14 dowment for the Arts— 

15 (1) The Chairperson shall only award a grant 

16 to an individual if such grant is awarded to such in17 dividual for a literature fellowship, National Herit18 age Fellowship, or American Jazz Masters Fellow19 ship. 

20 (2) The Chairperson shall establish procedures 

21 to ensure that no funding provided through a grant, 

22 except a grant made to a State or local arts agency, 

23 or regional group, may be used to make a grant to 

24 any other organization or individual to conduct ac25 tivity independent of the direct grant recipient. 


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1 Nothing in this subsection shall prohibit payments 

2 made in exchange for goods and services. 

3 (3) No grant shall be used for seasonal support 

4 to a group, unless the application is specific to the 

5 contents of the season, including identified programs 

6 or projects. 

7 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

8 PRIORITIES

9 SEC. 414. (a) In providing services or awarding fi10 nancial assistance under the National Foundation on the 

11 Arts and the Humanities Act of 1965 from funds appro12 priated under this Act, the Chairperson of the National 

13 Endowment for the Arts shall ensure that priority is given 

14 to providing services or awarding financial assistance for 

15 projects, productions, workshops, or programs that serve 

16 underserved populations. 

17 (b) In this section: 

18 (1) The term ‘‘underserved population’’ means 

19 a population of individuals, including urban minori20 ties, who have historically been outside the purview 

21 of arts and humanities programs due to factors such 

22 as a high incidence of income below the poverty line 

23 or to geographic isolation. 

24 (2) The term ‘‘poverty line’’ means the poverty 

25 line (as defined by the Office of Management and 

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1 tion 673(2) of the Community Services Block Grant 

2 Act (42 U.S.C. 9902(2))) applicable to a family of 

3 the size involved. 

4 (c) In providing services and awarding financial as5 sistance under the National Foundation on the Arts and 

6 Humanities Act of 1965 with funds appropriated by this 

7 Act, the Chairperson of the National Endowment for the 

8 Arts shall ensure that priority is given to providing serv9 ices or awarding financial assistance for projects, produc10 tions, workshops, or programs that will encourage public 

11 knowledge, education, understanding, and appreciation of 

12 the arts. 

13 (d) With funds appropriated by this Act to carry out 

14 section 5 of the National Foundation on the Arts and Hu15 manities Act of 1965— 

16 (1) the Chairperson shall establish a grant cat17 egory for projects, productions, workshops, or pro18 grams that are of national impact or availability or 

19 are able to tour several States; 

20 (2) the Chairperson shall not make grants ex21 ceeding 15 percent, in the aggregate, of such funds 

22 to any single State, excluding grants made under the 

23 authority of paragraph (1); 

24 (3) the Chairperson shall report to the Con25 gress annually and by State, on grants awarded by 


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1 the Chairperson in each grant category under sec2 tion 5 of such Act; and 

3 (4) the Chairperson shall encourage the use of 

4 grants to improve and support community-based 

5 music performance and education. 

6 STATUS OF BALANCES OF APPROPRIATIONS

7 SEC. 415. The Department of the Interior, the Envi8 ronmental Protection Agency, the Forest Service, and the 

9 Indian Health Service shall provide the Committees on 

10 Appropriations of the House of Representatives and Sen11 ate quarterly reports on the status of balances of appro12 priations including all uncommitted, committed, and unob13 ligated funds in each program and activity. 

14 REPORT ON USE OF CLIMATE CHANGE FUNDS

15 SEC. 416. Not later than 120 days after the date on 

16 which the President’s fiscal year 2018 budget request is 

17 submitted to the Congress, the President shall submit a 

18 comprehensive report to the Committees on Appropria19 tions of the House of Representatives and the Senate de20 scribing in detail all Federal agency funding, domestic and 

21 international, for climate change programs, projects, and 

22 activities in fiscal years 2016 and 2017, including an ac23 counting of funding by agency with each agency identi24 fying climate change programs, projects, and activities 

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1 dent’s Budget Appendix, and including citations and link2 ages where practicable to each strategic plan that is driv3 ing funding within each climate change program, project, 

4 and activity listed in the report. 

5 PROHIBITION ON USE OF FUNDS

6 SEC. 417. Notwithstanding any other provision of 

7 law, none of the funds made available in this Act or any 

8 other Act may be used to promulgate or implement any 

9 regulation requiring the issuance of permits under title V 

10 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

11 dioxide, nitrous oxide, water vapor, or methane emissions 

12 resulting from biological processes associated with live13 stock production. 

14 GREENHOUSE GAS REPORTING RESTRICTIONS

15 SEC. 418. Notwithstanding any other provision of 

16 law, none of the funds made available in this or any other 

17 Act may be used to implement any provision in a rule, 

18 if that provision requires mandatory reporting of green19 house gas emissions from manure management systems. 

20 MODIFICATION OF AUTHORITIES

21 SEC. 419. (a) Section 8162(m)(3) of the Department 

22 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 

23 note; Public Law 106–79) is amended by striking ‘‘Sep24 tember 30, 2016’’ and inserting ‘‘September 30, 2017’’. 

25 (b) For fiscal year 2017, the authority provided by 

26 the provisos under the heading ‘‘Dwight D. Eisenhower 


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1 Memorial Commission—Capital Construction’’ in division 

2 E of Public Law 112–74 shall not be in effect. 

3 FUNDING PROHIBITION

4 SEC. 420. None of the funds made available by this 

5 or any other Act may be used to regulate the lead content 

6 of ammunition, ammunition components, or fishing tackle 

7 under the Toxic Substances Control Act (15 U.S.C. 2601 

8 et seq.) or any other law. 

9 EXTENSION OF GRAZING PERMITS

10 SEC. 421. The terms and conditions of section 325 

11 of Public Law 108–108 (117 Stat. 1307), regarding graz12 ing permits issued by the Forest Service on any lands not 

13 subject to administration under section 402 of the Federal 

14 Lands Policy and Management Act (43 U.S.C. 1752), 

15 shall remain in effect for fiscal year 2017. 

16 RECREATION FEE

17 SEC. 422. Section 810 of the Federal Lands Recre18 ation Enhancement Act (16 U.S.C. 6809) is amended by 

19 striking ‘‘September 30, 2017’’ and inserting ‘‘September 

20 30, 2018’’. 

21 STEWARDSHIP CONTRACTING AMENDMENTS

22 SEC. 423. Section 604(d) of the Healthy Forests Res23 toration Act of 2003 (16 U.S.C. 6591c(d)) is amended— 

24 (1) in paragraph (5), by adding at the end the 

25 following: ‘‘Notwithstanding section 2 of the Act of 

26 July 31, 1947 (commonly known as the Materials 


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1 Act of 1947; 30 U.S.C. 602), the Director may enter 

2 into an agreement or contract under subsection 

3 (b).’’; and 

4 (2) in paragraph (7)— 

5 (A) by striking ‘‘and the Director’’; and 

6 (B) by inserting ‘‘entered into by the 

7 Chief’’ after ‘‘contracts and agreements’’. 

8 FUNDING PROHIBITION

9 SEC. 424. (a) None of the funds made available in 

10 this Act may be used to maintain or establish a computer 

11 network unless such network blocks the viewing, 

12 downloading, and exchanging of pornography. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 DEFINITION OF FILL MATERIAL

18 SEC. 425. None of the funds made available in this 

19 Act or any other Act may be used by the Environmental 

20 Protection Agency to develop, adopt, implement, admin21 ister, or enforce any change to the regulations in effect 

22 on October 1, 2012, pertaining to the definitions of the 

23 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 

24 purposes of the Federal Water Pollution Control Act (33 

25 U.S.C. 1251 et seq.). 


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1 CLARIFICATION OF EXEMPTIONS

2 SEC. 426. Notwithstanding section 404(f)(2) of the 

3 Federal Water Pollution Control Act (33 U.S.C. 

4 1344(f)(2)), none of the funds made available by this Act 

5 may be used to require a permit for the discharge of 

6 dredged or fill material under the Federal Water Pollution 

7 Control Act (33 U.S.C. 1251 et seq.) for the activities 

8 identified in subparagraphs (A) and (C) of section 

9 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

10 WATERS OF THE UNITED STATES

11 SEC. 427. None of the funds made available in this 

12 Act or any other Act for any fiscal year may be used to 

13 develop, adopt, implement, administer, or enforce any 

14 change to the regulations and guidance in effect on Octo15 ber 1, 2012, pertaining to the definition of waters under 

16 the jurisdiction of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1251, et seq.), including the provisions of 

18 the rules dated November 13, 1986, and August 25, 1993, 

19 relating to said jurisdiction, and the guidance documents 

20 dated January 15, 2003, and December 2, 2008, relating 

21 to said jurisdiction. 

22 HUNTING, FISHING, AND RECREATIONAL SHOOTING ON

23 FEDERAL LAND

24 SEC. 428. (a) LIMITATION ON USE OF FUNDS.— 

25 None of the funds made available by this or any other 


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1 Act for any fiscal year may be used to prohibit the use 

2 of or access to Federal land (as such term is defined in 

3 section 3 of the Healthy Forests Restoration Act of 2003 

4 (16 U.S.C. 6502)) for hunting, fishing, or recreational 

5 shooting if such use or access— 

6 (1) was not prohibited on such Federal land as 

7 of January 1, 2013; and 

8 (2) was conducted in compliance with the re9 source management plan (as defined in section 101 

10 of such Act (16 U.S.C. 6511)) applicable to such 

11 Federal land as of January 1, 2013. 

12 (b) TEMPORARY CLOSURES ALLOWED.—Notwith13 standing subsection (a), the Secretary of the Interior or 

14 the Secretary of Agriculture may temporarily close, for a 

15 period not to exceed 30 days, Federal land managed by 

16 the Secretary to hunting, fishing, or recreational shooting 

17 if the Secretary determines that the temporary closure is 

18 necessary to accommodate a special event or for public 

19 safety reasons. The Secretary may extend a temporary clo20 sure for one additional 90-day period only if the Secretary 

21 determines the extension is necessary because of extraor22 dinary weather conditions or for public safety reasons. 

23 (c) AUTHORITY OF STATES.—Nothing in this section 

24 shall be construed as affecting the authority, jurisdiction, 

25 or responsibility of the several States to manage, control, 


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1 or regulate fish and resident wildlife under State law or 

2 regulations. 

3 LEAD TEST KIT

4 SEC. 429. None of the funds made available by this 

5 Act may be used to enforce regulations under sections 

6 745.84 and 745.86 of title 40, Code of Federal Regula7 tions, or any subsequent amendments to such regulations, 

8 until the Administrator of the Environmental Protection 

9 Agency— 

10 (1) publicizes Environmental Protection Agency 

11 recognition of a commercially available lead test kit 

12 that meets both criteria under section 745.88(c) of 

13 title 40, Code of Federal Regulations; or 

14 (2) solicits public comment on alternatives to 

15 subpart E of part 745 of title 40, Code of Federal 

16 Regulations, following the date of enactment of this 

17 Act. 

18 FINANCIAL ASSURANCE

19 SEC. 430. None of the funds made available by this 

20 Act may be used to develop, propose, finalize, implement, 

21 enforce, or administer any regulation that would establish 

22 new financial responsibility requirements pursuant to sec23 tion 108(b) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42 

25 U.S.C. 9608(b)). 


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1 GHG NSPS

2 SEC. 431. None of the funds made available by this 

3 Act shall be used to propose, finalize, implement, or en4 force— 

5 (1) any standard of performance under section 

6 111(b) of the Clean Air Act (42 U.S.C. 7411(b)) for 

7 any new fossil fuel-fired electricity utility generating 

8 unit if the Administrator of the Environmental Pro9 tection Agency’s determination that a technology is 

10 adequately demonstrated includes consideration of 

11 one or more facilities for which assistance is pro12 vided (including any tax credit) under subtitle A of 

13 title IV of the Energy Policy Act of 2005 (42 U.S.C. 

14 15961 et seq.) or section 48A of the Internal Rev15 enue Code of 1986; 

16 (2) any regulation or guidance under section 

17 111(b) of the Clean Air Act (42 U.S.C. 7411(b)) es18 tablishing any standard of performance for emis19 sions of any greenhouse gas from any modified or 

20 reconstructed source that is a fossil fuel-fired elec21 tric utility generating unit; or 

22 (3) any regulation or guidance under section 

23 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) 

24 that applies to the emission of any greenhouse gas 


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1 by an existing source that is a fossil fuel-fired elec2 tric utility generating unit. 

3 AVAILABILITY OF VACANT GRAZING ALLOTMENTS

4 SEC. 432. The Secretary of the Interior, with respect 

5 to public lands administered by the Bureau of Land Man6 agement, and the Secretary of Agriculture, with respect 

7 to the National Forest System lands, shall make vacant 

8 grazing allotments available to a holder of a grazing per9 mit or lease issued by either Secretary if the lands covered 

10 by the permit or lease or other grazing lands used by the 

11 holder of the permit or lease are unusable because of 

12 drought or wildfire, as determined by the Secretary con13 cerned. The terms and conditions contained in a permit 

14 or lease made available pursuant to this section shall be 

15 the same as the terms and conditions of the most recent 

16 permit or lease that was applicable to the vacant grazing 

17 allotment made available. Section 102 of the National En18 vironmental Policy Act of 1969 (42 U.S.C. 4332) shall 

19 not apply with respect to any Federal agency action under 

20 this section. 

21 PROTECTION OF WATER RIGHTS

22 SEC. 433. None of the funds made available in this 

23 or any other Act may be used to condition the issuance, 

24 renewal, amendment, or extension of any permit, approval, 

25 license, lease, allotment, easement, right-of-way, or other 


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1 land use or occupancy agreement on the transfer of any 

2 water right, including sole and joint ownership, directly 

3 to the United States, or any impairment of title, in whole 

4 or in part, granted or otherwise recognized under State 

5 law, by Federal or State adjudication, decree, or other 

6 judgment, or pursuant to any interstate water compact. 

7 Additionally, none of the funds made available in this or 

8 any other Act may be used to require any water user to 

9 apply for or acquire a water right in the name of the 

10 United States under State law as a condition of the 

11 issuance, renewal, amendment, or extension of any permit, 

12 approval, license, lease, allotment, easement, right-of-way, 

13 or other land use or occupancy agreement. 

14 LIMITATION ON STATUS CHANGES

15 SEC. 434. None of the funds made available by this 

16 Act shall be used to propose, finalize, implement, or en17 force any regulation or guidance under Section 612 of the 

18 Clean Air Act (42 U.S.C. 7671k) that changes the status 

19 from acceptable to unacceptable for purposes of the Sig20 nificant New Alternatives Policy (SNAP) program of any 

21 hydrofluorocarbon used as a refrigerant or in foam blow22 ing agents, applications or uses. Nothing in this section 

23 shall prevent EPA from approving new materials, applica24 tions or uses as acceptable under the SNAP program. 


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1 USE OF AMERICAN IRON AND STEEL

2 SEC. 435. (a)(1) None of the funds made available 

3 by a State water pollution control revolving fund as au4 thorized by section 1452 of the Safe Drinking Water Act 

5 (42 U.S.C. 300j-12) shall be used for a project for the 

6 construction, alteration, maintenance, or repair of a public 

7 water system or treatment works unless all of the iron and 

8 steel products used in the project are produced in the 

9 United States. 

10 (2) In this section, the term ‘‘iron and steel’’ products 

11 means the following products made primarily of iron or 

12 steel: lined or unlined pipes and fittings, manhole covers 

13 and other municipal castings, hydrants, tanks, flanges, 

14 pipe clamps and restraints, valves, structural steel, rein15 forced precast concrete, and construction materials. 

16 (b) Subsection (a) shall not apply in any case or cat17 egory of cases in which the Administrator of the Environ18 mental Protection Agency (in this section referred to as 

19 the ‘‘Administrator’’) finds that— 

20 (1) applying subsection (a) would be incon21 sistent with the public interest; 

22 (2) iron and steel products are not produced in 

23 the United States in sufficient and reasonably avail24 able quantities and of a satisfactory quality; or 


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1 (3) inclusion of iron and steel products pro2 duced in the United States will increase the cost of 

3 the overall project by more than 25 percent. 

4 (c) If the Administrator receives a request for a waiv5 er under this section, the Administrator shall make avail6 able to the public on an informal basis a copy of the re7 quest and information available to the Administrator con8 cerning the request, and shall allow for informal public 

9 input on the request for at least 15 days prior to making 

10 a finding based on the request. The Administrator shall 

11 make the request and accompanying information available 

12 by electronic means, including on the official public Inter13 net Web site of the Environmental Protection Agency. 

14 (d) This section shall be applied in a manner con15 sistent with United States obligations under international 

16 agreements. 

17 (e) The Administrator may retain up to 0.25 percent 

18 of the funds appropriated in this Act for the Clean and 

19 Drinking Water State Revolving Funds for carrying out 

20 the provisions described in subsection (a)(1) for manage21 ment and oversight of the requirements of this section. 

22 SOCIAL COST OF CARBON

23 SEC. 436. None of the funds made available by this 

24 or any other Act shall be used for the social cost of carbon 

25 (SCC) to be incorporated into any rulemaking or guidance 


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1 document until a new Interagency Working Group (IWG) 

2 revises the estimates using the discount rates and the do3 mestic-only limitation on benefits estimates in accordance 

4 with Executive Order 12866 and OMB Circular A-4 as 

5 of January 1, 2015: Provided, That such IWG shall pro6 vide to the public all documents, models, and assumptions 

7 used in developing the SCC and solicit public comment 

8 prior to finalizing any revised estimates. 

9 LIMITATION ON USE OF FUNDS FOR DESIGNATED

10 REPRESENTATIVES

11 SEC. 437. None of the funds made available by this 

12 or any other Act may be used to implement or enforce, 

13 or to require States to implement or enforce, the provi14 sions of 40 CFR 170.311(b)(9) as published in the Fed15 eral Register on November 2, 2015. 

16 OZONE

17 SEC. 438. To implement the national ambient air 

18 quality standards for ozone published in the Federal Reg19 ister on October 26, 2015 (80 Fed. Reg. 65292): 

20 (1) the Governor of each State shall designate 

21 areas of the State as attainment, nonattainment, or 

22 unclassifiable with respect to the standards not later 

23 than October 26, 2024; 

24 (2) the Administrator of the Environmental 

25 Protection Agency shall promulgate final designaVerDate Sep 11 2014 22:27 Jun 21, 2016 Jkt 059200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H5538.RH H5538

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1 tions for all areas in all States with respect to the 

2 standards not later than October 26, 2025; 

3 (3) each State shall submit the plan required by 

4 section 110(a)(1) of the Clean Air Act (42 U.S.C. 

5 7410(a)(1)) for the standards not later than October 

6 26, 2026; 

7 (4) the standards shall not apply to the review 

8 and disposition of a preconstruction permit applica9 tion required under part C or D of title I of the 

10 Clean Air Act (42 U.S.C. 7470 et seq.) if the Ad11 ministrator or the State, local or tribal permitting 

12 authority, as applicable, has determined the applica13 tion to be complete prior to the date of promulgation 

14 of final designations, or has published a public no15 tice of a preliminary determination or draft permit 

16 before the date that is 60 days after the date of pro17 mulgation of final designations; and 

18 (5) the provisions of subsections (1) through 

19 (4) above shall apply notwithstanding the deadlines 

20 set forth in Section 107(d) of the Clean Air Act (42 

21 U.S.C. 7407(d)) and Section 110(a)(1) of the Clean 

22 Air Act (42 U.S.C. 7410(a)(1)). 

23 METHANE EMISSIONS

24 SEC. 439. None of the funds made available by this 

25 Act shall be used to develop, propose, finalize, implement 

26 or enforce— 


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1 (1) any rule or guideline to address methane 

2 emissions from sources in the oil and natural gas 

3 sector under Sections 111(b) or (d) of the Clean Air 

4 Act (42 U.S.C. 7411(b), 7411(d)); 

5 (2) any rule changing the term ‘‘adjacent’’ for 

6 purposes of defining ‘‘stationary source’’ and ‘‘major 

7 source’’ as applied to the oil and gas sector under 

8 the Clean Air Act; and 

9 (3) proposed Draft Control Techniques Guide10 lines for the Oil and Natural Gas Industry released 

11 September 18, 2015 (80 Fed. Reg. 56577 ). 

12 ROYALTY RATES

13 SEC. 440. None of the funds made available by this 

14 Act may be used to implement any changes to royalty 

15 rates or product valuation regulations under Federal coal, 

16 oil, and gas leasing programs. 

17 PROGRAM REVIEW

18 SEC. 441. (a) TERMINATION.—Secretarial Order 

19 3338, issued by the Secretary of the Interior on January 

20 15, 2016, shall have no force or effect on and after the 

21 earlier of— 

22 (1) September 30, 2017; or 

23 (2) the date of publication of notice under sub24 section (b). 

25 (b) PUBLICATION OF NOTICE.—The Secretary of the 

26 Interior shall promptly publish notice of the completion 


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1 of the Programmatic Environmental Impact Statement di2 rected to be prepared under that order. 

3 NATIONAL GALLERY OF ART

4 SEC. 442. Section 6301(2) of title 40, United States 

5 Code, is amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by striking ‘‘The National Gallery of Art’’ and in8 serting ‘‘(A) The National Gallery of Art’’; 

9 (2) by redesignating subparagraphs (A), (B), 

10 and (C) as clauses (i), (ii), and (iii), respectively; 

11 and 

12 (3) by adding at the end the following new sub13 paragraph: ‘‘(B) All other buildings, service roads, 

14 walks, and other areas within the exterior bound15 aries of any real estate or land or interest in land 

16 (including temporary use) that the National Gallery 

17 of Art acquires and that the Director of the Na18 tional Gallery of Art determines to be necessary for 

19 the adequate protection of individuals or property in 

20 the National Gallery of Art and suitable for adminis21 tration as a part of the National Gallery of Art.’’. 

22 BLM PLANNING 2.0 RULEMAKING ON LAND USE

23 PLANNING PROCEDURES

24 SEC. 443. None of the funds made available by this 

25 Act may be used to promulgate, implement, administer, 

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1 agement in the Federal Register on February 25, 2016 

2 (81 Fed. Reg. 9673 et seq.; Fed. Reg. Doc. No. 2016– 

3 03232), to amend subparts 1601 and 1610 of title 43, 

4 Code of Federal Regulations, which establish the proce5 dures used to prepare, revise, or amend land use plans 

6 pursuant to the Federal Land Policy and Management Act 

7 of 1976 (43 U.S.C. 1701 et seq.), until the Secretary of 

8 the Interior provides an additional 90-day period for pub9 lic comments on the proposed rule and holds at least one 

10 more public meeting on the proposed rule in each of the 

11 eleven contiguous Western States (as defined in section 

12 103(o) of such Act (43 U.S.C. 1702(o))), Texas. and 

13 Oklahoma. 

14 HUMANE TRANSFER OF EXCESS ANIMALS

15 SEC. 444. Notwithstanding any other provision of 

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

17 horses or burros that have been removed from the public 

18 lands to other Federal, State, and local government agen19 cies for use as work animals: Provided, That the Secretary 

20 may make any such transfer immediately upon request of 

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

22 further, That any excess animal transferred under this 

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

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

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

26 local government agency receiving excess wild horses or 


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1 burros as authorized in this section shall not destroy the 

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

3 into commercial products, or sell or otherwise transfer the 

4 horses in a way that results in their destruction for proc5 essing into commercial products. 

6 LIMITATION ON USE OF FUNDS FOR TREATMENT OF

7 LESSER PRAIRIE CHICKEN UNDER ENDANGERED

8 SPECIES ACT OF 1973

9 SEC. 445. None of the funds made available by this 

10 Act shall be used to treat the lesser prairie chicken as an 

11 endangered species or threatened species, or a candidate 

12 for listing as such a species, under the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.). 

14 INDIAN HEALTH GOVERNING BOARD

15 SEC. 446. Not later than six months after the date 

16 of receipt by the Secretary of Health and Human Services 

17 of a written request from the tribe or tribes served by a 

18 hospital operated by the Indian Health Service, the Sec19 retary shall install a governance board exclusively for such 

20 hospital for a trial period of three years: Provided, That 

21 the governance board shall be comprised of Indian Health 

22 Service senior executives, elected tribal officials, and hos23 pital administration experts outside of the Indian Health 

24 Service system: Provided further, that the governance 

25 board shall follow industry-wide best practices: Provided 

26 further, that the governance board shall approve, oversee 


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1 the implementation of, and evaluate metrics of quality 

2 care, patient safety and satisfaction, and finance: Provided 

3 further, that the governance board shall work with the In4 dian Health Service on developing standards and proce5 dures for employee recruitment, retention, training, com6 munication, and dismissal to assure consistency with other 

7 high performing federally run health facilities: Provided 

8 further, that the hospital shall have a chief executive offi9 cer hired and accountable to the Director of the Indian 

10 Health Service who shall be a liaison between the Indian 

11 Health Service and the governance board: Provided fur12 ther, that the chief executive officer shall retain authority 

13 for all hospital personnel matters in accordance with exist14 ing law: Provided further, that the chief executive officer 

15 and the governance board shall sign a memorandum of 

16 understanding to share all pertinent hospital information 

17 while protecting individual privacy rights in accordance 

18 with existing law: Provided further, that the Secretary 

19 shall replace the chief executive officer upon receipt of a 

20 written request by the governance board: Provided further, 

21 that the governance board shall meet at the hospital regu22 larly: Provided further, that the governance board shall 

23 regularly communicate to the affected tribe or tribes, to 

24 the Secretary, and to the Congress: Provided further, that 

25 at the end of the trial period, the governance board shall 


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1 publish and disseminate a report evaluating the aforemen2 tioned metrics and providing recommendations for any 

3 other tribe or tribes wanting to establish a similar govern4 ance board at any other hospital operated by the Indian 

5 Health Service: Provided further, that if a tribe moves 

6 from direct service delivery to delivery through contracting 

7 or compacting pursuant to Public Law 93–638, the tribe 

8 involved in the pilot has the opportunity to end the pilot 

9 and the opportunity to collaborate with the Indian Health 

10 Service to reconfigure a governance structure in which 

11 that Indian Health Service may upon request continue its 

12 participation in the governance structure in a contracted 

13 or compacted arrangement. 

14 SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR

15 FLOW REQUIREMENTS

16 SEC. 447. (a) To maximize water supplies for the 

17 Central Valley Project and the State Water Project, in im18 plementing the provisions of the smelt biological opinion 

19 or salmonid biological opinion, or any successor biological 

20 opinions or court orders, pertaining to management of re21 verse flow in the Old and Middle Rivers, the Secretary 

22 of the Interior shall— 

23 (1) consider the relevant provisions of the appli24 cable biological opinions or any successor biological 

25 opinions; 


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1 (2) manage export pumping rates to achieve a 

2 reverse OMR flow rate of ¥5,000 cubic feet per sec3 ond unless existing information or that developed by 

4 the Secretary of the Interior under paragraphs (3) 

5 and (4) leads the Secretary to reasonably conclude, 

6 using the best scientific and commercial data avail7 able, that a less negative OMR flow rate is necessary 

8 to avoid a significant negative impact on the long9 term survival of the species covered by the smelt bio10 logical opinion or salmonid biological opinion. If the 

11 best scientific and commercial data available to the 

12 Secretary indicates that a reverse OMR flow rate 

13 more negative than ¥5,000 cubic feet per second 

14 can be established without an imminent negative im15 pact on the long-term survival of the species covered 

16 by the smelt biological opinion or salmonid biological 

17 opinion, the Secretary shall manage export pumping 

18 rates to achieve that more negative OMR flow rate; 

19 (3) document, in writing, any significant facts 

20 about real-time conditions relevant to the determina21 tions of OMR reverse flow rates, including— 

22 (A) whether targeted real-time fish moni23 toring pursuant to this section, including moni24 toring in the vicinity of Station 902, indicates 

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1 term survival of species covered by the smelt bi2 ological opinion or salmonid biological opinion is 

3 imminent; and 

4 (B) whether near-term forecasts with avail5 able models show under prevailing conditions 

6 that OMR flow of ¥5,000 cubic feet per second 

7 or higher will cause a significant negative im8 pact on the long-term survival of species cov9 ered by the smelt biological opinion or salmonid 

10 biological opinion; 

11 (4) show, in writing, that any determination to 

12 manage OMR reverse flow at rates less negative 

13 than ¥5,000 cubic feet per second is necessary to 

14 avoid a significant negative impact on the long-term 

15 survival of species covered by the smelt biological 

16 opinion or salmonid biological opinion, and provide, 

17 in writing, an explanation of the data examined and 

18 the connection between those data and the choice 

19 made, after considering— 

20 (A) the distribution of Delta smelt 

21 throughout the Delta; 

22 (B) the potential effects of documented, 

23 quantified entrainment on subsequent Delta 

24 smelt abundance; 

25 (C) the water temperature; 


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1 (D) other significant factors relevant to 

2 the determination; and 

3 (E) whether any alternative measures 

4 could have a substantially lesser water supply 

5 impact; and 

6 (5) for any subsequent smelt biological opinion 

7 or salmonid biological opinion, make the showing re8 quired in paragraph (4) for any determination to 

9 manage OMR reverse flow at rates less negative 

10 than the most negative limit in the biological opinion 

11 if the most negative limit in the biological opinion is 

12 more negative than ¥5,000 cubic feet per second. 

13 (b) NO REINITIATION OF CONSULTATION.—In imple14 menting or at the conclusion of actions under subsection 

15 (a), the Secretary of the Interior or the Secretary of Com16 merce shall not reinitiate consultation on those adjusted 

17 operations unless there is a significant negative impact on 

18 the long-term survival of the species covered by the smelt 

19 biological opinion or salmonid biological opinion. Any ac20 tion taken under subsection (a) that does not create a sig21 nificant negative impact on the long-term survival to spe22 cies covered by the smelt biological opinion or salmonid 

23 biological opinion will not alter application of the take per24 mitted by the incidental take statement in the biological 


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1 opinion under section 7(o)(2) of the Endangered Species 

2 Act of 1973. 

3 (c) CALCULATION OF REVERSE FLOW IN OMR.— 

4 Within 90 days of the enactment of this title, the Sec5 retary of the Interior is directed, in consultation with the 

6 California Department of Water Resources to revise the 

7 method used to calculate reverse flow in Old and Middle 

8 Rivers, for implementation of the reasonable and prudent 

9 alternatives in the smelt biological opinion and the 

10 salmonid biological opinion, and any succeeding biological 

11 opinions, for the purpose of increasing Central Valley 

12 Project and State Water Project water supplies. The 

13 method of calculating reverse flow in Old and Middle Riv14 ers shall be reevaluated not less than every five years 

15 thereafter to achieve maximum export pumping rates 

16 within limits established by the smelt biological opinion, 

17 the salmonid biological opinion, and any succeeding bio18 logical opinions. 

19 TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW

20 STORMS OF THE WATER YEAR

21 SEC. 448. (a) IN GENERAL.—Consistent with avoid22 ing an immediate significant negative impact on the long23 term survival upon listed fish species over and above the 

24 range of impacts authorized under the Endangered Spe25 cies Act of 1973 and other environmental protections 

26 under subsection (d), the Secretary of the Interior and the 


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1 Secretary of Commerce shall authorize the Central Valley 

2 Project and the California State Water Project, combined, 

3 to operate at levels that result in negative OMR flows at 

4 ¥7,500 cubic feet per second (based on United States Ge5 ological Survey gauges on Old and Middle Rivers) daily 

6 average as described in subsections (b) and (c) to capture 

7 peak flows during storm events. 

8 (b) DAYS OF TEMPORARY OPERATIONAL FLEXI9 BILITY.—The temporary operational flexibility described 

10 in subsection (a) shall be authorized on days that the Cali11 fornia Department of Water Resources determines the net 

12 Sacramento-San Joaquin River Delta outflow index is at, 

13 or above, 13,000 cubic feet per second. 

14 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

15 AUTHORIZATIONS.—In carrying out this section, the Sec16 retary of the Interior and the Secretary of Commerce may 

17 continue to impose any requirements under the smelt bio18 logical opinion and salmonid biological opinion during any 

19 period of temporary operational flexibility as they deter20 mine are reasonably necessary to avoid additional signifi21 cant negative impacts on the long-term survival of a listed 

22 fish species over and above the range of impacts author23 ized under the Endangered Species Act of 1973, provided 

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1 plies available for the Central Valley Project and the Cali2 fornia State Water Project. 

3 (d) OTHER ENVIRONMENTAL PROTECTIONS.— 

4 (1) STATE LAW.—The actions of the Secretary 

5 of the Interior and the Secretary of Commerce under 

6 this section shall be consistent with applicable regu7 latory requirements under State law. The foregoing 

8 does not constitute a waiver of sovereign immunity. 

9 (2) FIRST SEDIMENT FLUSH.—During the first 

10 flush of sediment out of the Sacramento-San Joa11 quin River Delta in each water year, and provided 

12 that such determination is based upon objective evi13 dence, OMR flow may be managed at rates less neg14 ative than ¥5,000 cubic feet per second for a min15 imum duration to avoid movement of adult Delta 

16 smelt (Hypomesus transpacificus) to areas in the 

17 southern Sacramento-San Joaquin River Delta that 

18 would be likely to increase entrainment at Central 

19 Valley Project and California State Water Project 

20 pumping plants. 

21 (3) APPLICABILITY OF OPINION.—This section 

22 shall not affect the application of the salmonid bio23 logical opinion from April 1 to May 31, unless the 

24 Secretary of Commerce finds, based on the best sci25 entific and commercial data available, that some or 


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1 all of such applicable requirements may be adjusted 

2 during this time period to provide emergency water 

3 supply relief without resulting in additional adverse 

4 effects over and above the range of impacts author5 ized under the Endangered Species Act of 1973. In 

6 addition to any other actions to benefit water sup7 ply, the Secretary of the Interior and the Secretary 

8 of Commerce shall consider allowing through-Delta 

9 water transfers to occur during this period if they 

10 can be accomplished consistent with section 

11 3405(a)(1)(H) of the Central Valley Project Im12 provement Act. Water transfers solely or exclusively 

13 through the California State Water Project that do 

14 not require any use of Reclamation facilities or ap15 proval by Reclamation are not required to be con16 sistent with section 3405(a)(1)(H) of the Central 

17 Valley Project Improvement Act. 

18 (4) MONITORING.—During operations under 

19 this section, the Commissioner of Reclamation, in 

20 coordination with the United States Fish and Wild21 life Service, National Marine Fisheries Service, and 

22 California Department of Fish and Wildlife, shall 

23 undertake expanded monitoring programs and other 

24 data gathering to improve Central Valley Project 

25 and California State Water Project water supplies, 


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1 to ensure incidental take levels are not exceeded, and 

2 to identify potential negative impacts, if any, and ac3 tions necessary to mitigate impacts of the temporary 

4 operational flexibility to species listed under the En5 dangered Species Act of 1973 (16 U.S.C. 1531 et 

6 seq.). 

7 (e) EFFECT OF HIGH OUTFLOWS.—In recognition of 

8 the high outflow levels from the Sacramento-San Joaquin 

9 River Delta during the days this section is in effect under 

10 subsection (b), the Secretary of the Interior and the Sec11 retary of Commerce shall not count such days toward the 

12 5-day and 14-day running averages of tidally filtered daily 

13 Old and Middle River flow requirements under the smelt 

14 biological opinion and salmonid biological opinion, as long 

15 as the Secretaries avoid significant negative impact on the 

16 long-term survival of listed fish species over and above the 

17 range of impacts authorized under the Endangered Spe18 cies Act of 1973. 

19 (f) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 

20 In articulating the determinations required under this sec21 tion, the Secretary of the Interior and the Secretary of 

22 Commerce shall fully satisfy the requirements herein but 

23 shall not be expected to provide a greater level of sup24 porting detail for the analysis than feasible to provide 

25 within the short timeframe permitted for timely decision 


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1 making in response to changing conditions in the Sac2 ramento-San Joaquin River Delta. 

3 (g) OMR FLOWS.—The Secretary of the Interior and 

4 the Secretary of Commerce shall, through the adaptive 

5 management provisions in the salmonid biological opinion, 

6 limit OMR reverse flow to ¥5,000 cubic feet per second 

7 based on date-certain triggers in the salmonid biological 

8 opinions only if using real-time migration information on 

9 salmonids demonstrates that such action is necessary to 

10 avoid a significant negative impact on the long-term sur11 vival of listed fish species over and above the range of im12 pacts authorized under the Endangered Species Act of 

13 1973. 

14 (h) NO REINITIATION OF CONSULTATION.—In imple15 menting or at the conclusion of actions under this section, 

16 the Secretary of the Interior shall not reinitiate consulta17 tion on those adjusted operations if there is no immediate 

18 significant negative impact on the long-term survival of 

19 listed fish species over and above the range of impacts au20 thorized under the Endangered Species Act of 1973. Any 

21 action taken under this section that does not create an 

22 immediate significant negative impact on the long-term 

23 survival of listed fish species over and above the range of 

24 impacts authorized under the Endangered Species Act of 

25 1973 will not alter application of the take permitted by 


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1 the incidental take statement in those biological opinions 

2 under section 7(o)(2) of the Endangered Species Act of 

3 1973. 

4 STATE WATER PROJECT OFFSET AND WATER RIGHTS

5 PROTECTIONS

6 SEC. 449. (a) OFFSET FOR STATE WATER

7 PROJECT.— 

8 (1) IMPLEMENTATION IMPACTS.—The Sec9 retary of the Interior shall confer with the California 

10 Department of Fish and Wildlife in connection with 

11 the implementation of this section on potential im12 pacts to any consistency determination for oper13 ations of the State Water Project issued pursuant to 

14 California Fish and Game Code section 2080.1. 

15 (2) ADDITIONAL YIELD.—If, as a result of the 

16 application of this section, the California Depart17 ment of Fish and Wildlife— 

18 (A) determines that operations of the State 

19 Water Project are inconsistent with the consist20 ency determinations issued pursuant to Cali21 fornia Fish and Game Code section 2080.1 for 

22 operations of the State Water Project; or 

23 (B) requires take authorization under Cali24 fornia Fish and Game Code section 2081 for 

25 operation of the State Water Project in a man26 ner that directly or indirectly results in reduced 


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1 water supply to the State Water Project as 

2 compared with the water supply available under 

3 the smelt biological opinion and the salmonid 

4 biological opinion; and as a result, Central Val5 ley Project yield is greater than it otherwise 

6 would have been, then that additional yield 

7 shall be made available to the State Water 

8 Project for delivery to State Water Project con9 tractors to offset that reduced water supply. 

10 (3) NOTIFICATION RELATED TO ENVIRON11 MENTAL PROTECTIONS.—The Secretary of the Inte12 rior and Secretary of Commerce shall— 

13 (A) notify the Director of the California 

14 Department of Fish and Wildlife regarding any 

15 changes in the manner in which the smelt bio16 logical opinion or the salmonid biological opin17 ion is implemented; and 

18 (B) confirm that those changes are con19 sistent with the Endangered Species Act of 

20 1973 (16 U.S.C. 1531 et seq.). 

21 (b) AREA OF ORIGIN AND WATER RIGHTS PROTEC22 TIONS.— 

23 (1) IN GENERAL.—The Secretary of the Inte24 rior and the Secretary of Commerce, in carrying out 


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1 the mandates of this section, shall take no action 

2 that— 

3 (A) diminishes, impairs, or otherwise af4 fects in any manner any area of origin, water5 shed of origin, county of origin, or any other 

6 water rights protection, including rights to 

7 water appropriated before December 19, 1914, 

8 provided under State law; 

9 (B) limits, expands or otherwise affects the 

10 application of section 10505, 10505.5, 11128, 

11 11460, 11461, 11462, 11463 or 12200 through 

12 12220 of the California Water Code or any 

13 other provision of State water rights law, with14 out respect to whether such a provision is spe15 cifically referred to in this section; or 

16 (C) diminishes, impairs, or otherwise af17 fects in any manner any water rights or water 

18 rights priorities under applicable law. 

19 (2) SECTION 7 OF THE ENDANGERED SPECIES

20 ACT.—Any action proposed to be undertaken by the 

21 Secretary of the Interior and the Secretary of Com22 merce pursuant to both this section and section 7 of 

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

24 1531 et seq.) shall be undertaken in a manner that 

25 does not alter water rights or water rights priorities 


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1 established by California law or it shall not be un2 dertaken at all. Nothing in this subsection affects 

3 the obligations of the Secretary of the Interior and 

4 the Secretary of Commerce under section 7 of the 

5 Endangered Species Act of 1973. 

6 (3) EFFECT OF ACT.— 

7 (A) Nothing in this section affects or modi8 fies any obligation of the Secretary of the Inte9 rior under section 8 of the Act of June 17, 

10 1902 (32 Stat. 390, chapter 1093). 

11 (B) Nothing in this section diminishes, im12 pairs, or otherwise affects in any manner any 

13 Project purposes or priorities for the allocation, 

14 delivery or use of water under applicable law, 

15 including the Project purposes and priorities es16 tablished under section 3402 and section 3406 

17 of the Central Valley Project Improvement Act 

18 (Public Law 102–575; 106 Stat. 4706). 

19 (c) NO REDIRECTED ADVERSE IMPACTS.— 

20 (1) IN GENERAL.—The Secretary of the Inte21 rior and Secretary of Commerce shall not carry out 

22 any specific action authorized under this section that 

23 will directly or through State agency action indi24 rectly result in the involuntary reduction of water 

25 supply to an individual, district, or agency that has 


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1 in effect a contract for water with the State Water 

2 Project or the Central Valley Project, including Set3 tlement and Exchange contracts, refuge contracts, 

4 and Friant Division contracts, as compared to the 

5 water supply that would be provided in the absence 

6 of action under this section, and nothing in this sec7 tion is intended to modify, amend or affect any of 

8 the rights and obligations of the parties to such con9 tracts. 

10 (2) ACTION ON DETERMINATION.—If, after ex11 ploring all options, the Secretary of the Interior or 

12 the Secretary of Commerce makes a final determina13 tion that a proposed action under this section cannot 

14 be carried out in accordance with paragraph (1), 

15 that Secretary— 

16 (A) shall document that determination in 

17 writing for that action, including a statement of 

18 the facts relied on, and an explanation of the 

19 basis, for the decision; 

20 (B) may exercise the Secretary’s existing 

21 authority, including authority to undertake the 

22 drought-related actions otherwise addressed in 

23 this title, or to otherwise comply with other ap24 plicable law, including the Endangered Species 

25 Act of 1973 (16 U.S.C. 1531 et seq.); and 


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1 (C) shall comply with subsection (a). 

2 (d) ALLOCATIONS FOR SACRAMENTO VALLEY WATER

3 SERVICE CONTRACTORS.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) EXISTING CENTRAL VALLEY PROJECT

6 AGRICULTURAL WATER SERVICE CONTRACTOR

7 WITHIN THE SACRAMENTO RIVER WATER8 SHED.—The term ‘‘existing Central Valley 

9 Project agricultural water service contractor 

10 within the Sacramento River Watershed’’ 

11 means any water service contractor within the 

12 Shasta, Trinity, or Sacramento River division of 

13 the Central Valley Project that has in effect a 

14 water service contract on the date of enactment 

15 of this section that provides water for irriga16 tion. 

17 (B) YEAR TERMS.—The terms ‘‘Above 

18 Normal’’, ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, 

19 with respect to a year, have the meanings given 

20 those terms in the Sacramento Valley Water 

21 Year Type (40–30–30) Index. 

22 (2) ALLOCATIONS OF WATER.— 

23 (A) ALLOCATIONS.—Subject to subsection 

24 (c), the Secretary of the Interior shall make 

25 every reasonable effort in the operation of the 


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1 Central Valley Project to allocate water pro2 vided for irrigation purposes to each existing 

3 Central Valley Project agricultural water service 

4 contractor within the Sacramento River Water5 shed in accordance with the following: 

6 (i) Not less than 100 percent of the 

7 contract quantity of the existing Central 

8 Valley Project agricultural water service 

9 contractor within the Sacramento River 

10 Watershed in a ‘‘Wet’’ year. 

11 (ii) Not less than 100 percent of the 

12 contract quantity of the existing Central 

13 Valley Project agricultural water service 

14 Contractor within the Sacramento River 

15 Watershed in an ‘‘Above Normal’’ year. 

16 (iii) Not less than 100 percent of the 

17 contract quantity of the existing Central 

18 Valley Project agricultural water service 

19 contractor within the Sacramento River 

20 Watershed in a ‘‘Below Normal’’ year that 

21 is preceded by an ‘‘Above Normal’’ or 

22 ‘‘Wet’’ year. 

23 (iv) Not less than 50 percent of the 

24 contract quantity of the existing Central 

25 Valley Project agricultural water service 


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1 contractor within the Sacramento River 

2 Watershed in a ‘‘Dry’’ year that is pre3 ceded by a ‘‘Below Normal’’, ‘‘Above Nor4 mal’’, or ‘‘Wet’’ year. 

5 (v) Subject to clause (ii), in any other 

6 year not identified in any of clauses (i) 

7 through (iv), not less than twice the alloca8 tion percentage to south-of-Delta Central 

9 Valley Project agricultural water service 

10 contractors, up to 100 percent. 

11 (B) EFFECT OF CLAUSE.—Nothing in 

12 clause (A)(v) precludes an allocation to an ex13 isting Central Valley Project agricultural water 

14 service contractor within the Sacramento River 

15 Watershed that is greater than twice the alloca16 tion percentage to a south-of-Delta Central Val17 ley Project agricultural water service con18 tractor. 

19 (3) PROTECTION OF ENVIRONMENT, MUNICIPAL

20 AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC21 TORS.— 

22 (A) ENVIRONMENT.—Nothing in para23 graph (2) shall adversely affect— 

24 (i) the cold water pool behind Shasta 

25 Dam; 


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1 (ii) the obligation of the Secretary of 

2 the Interior to make water available to 

3 managed wetlands pursuant to section 

4 3406(d) of the Central Valley Project Im5 provement Act (Public Law 102–575; 106 

6 Stat. 4722); or 

7 (iii) any obligation— 

8 (I) of the Secretary of the Inte9 rior and the Secretary of Commerce 

10 under the smelt biological opinion, the 

11 salmonid biological opinion, or any 

12 other applicable biological opinion; or 

13 (II) under the Endangered Spe14 cies Act of 1973 (16 U.S.C. 1531 et 

15 seq.) or any other applicable law (in16 cluding regulations). 

17 (B) MUNICIPAL AND INDUSTRIAL SUP18 PLIES.—Nothing in paragraph (2)— 

19 (i) modifies any provision of a water 

20 Service contract that addresses municipal 

21 or industrial water shortage policies of the 

22 Secretary of the Interior and the Secretary 

23 of Commerce; 

24 (ii) affects or limits the authority of 

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1 retary of Commerce to adopt or modify 

2 municipal and industrial water shortage 

3 policies; 

4 (iii) affects or limits the authority of 

5 the Secretary of the Interior and the Sec6 retary of Commerce to implement a munic7 ipal or industrial water shortage policy; 

8 (iv) constrains, governs, or affects, di9 rectly or indirectly, the operations of the 

10 American River division of the Central Val11 ley Project or any deliveries from that divi12 sion or a unit or facility of that division; 

13 or 

14 (v) affects any allocation to a Central 

15 Valley Project municipal or industrial 

16 water service contractor by increasing or 

17 decreasing allocations to the contractor, as 

18 compared to the allocation the contractor 

19 would have received absent paragraph (2). 

20 (C) OTHER CONTRACTORS.—Nothing in 

21 subsection (b)— 

22 (i) affects the priority of any indi23 vidual or entity with Sacramento River 

24 water rights, including an individual or en25 tity with a Sacramento River settlement 


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1 contract, that has priority to the diversion 

2 and use of Sacramento River water over 

3 water rights held by the United States for 

4 operations of the Central Valley Project; 

5 (ii) affects the obligation of the 

6 United States to make a substitute supply 

7 of water available to the San Joaquin 

8 River exchange contractors; 

9 (iii) affects the allocation of water to 

10 Friant division contractors of the Central 

11 Valley Project; 

12 (iv) results in the involuntary reduc13 tion in contract water allocations to indi14 viduals or entities with contracts to receive 

15 water from the Friant division; or 

16 (v) authorizes any actions inconsistent 

17 with State water rights law. 

18 SEC. 450. None of the funds in this Act shall be avail19 able to implement the Stipulation of Settlement (Natural 

20 Resources Defense Council, et al. v. Kirk Rodgers, et al., 

21 Eastern District of California, No. Civ. 9 S–88–1658 

22 LKK/GGH) or subtitle A of title X of Public Law 111– 

23 11. 

24 SEC. 451. None of the funds in this Act shall be avail25 able for the purchase of water in the State of California 


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1 to supplement instream flow within a river basin that has 

2 suffered a drought within the last two years. 

3 SEC. 452. The Commissioner of Reclamation is di4 rected to work with local water and irrigation districts in 

5 the Stanislaus River Basin to ascertain the water storage 

6 made available by the Draft Plan of Operations in New 

7 Melones Reservoir (DRPO) for water conservation pro8 grams, conjunctive use projects, water transfers, resched9 uled project water and other projects to maximize water 

10 storage and ensure the beneficial use of the water re11 sources in the Stanislaus River Basin. All such programs 

12 and projects shall be implemented according to all applica13 ble laws and regulations. The source of water for any such 

14 storage program at New Melones Reservoir shall be made 

15 available under a valid water right, consistent with the 

16 State water transfer guidelines and any other applicable 

17 State water law. The Commissioner shall inform the Con18 gress within 18 months setting forth the amount of stor19 age made available by the DRPO that has been put to 

20 use under this program, including proposals received by 

21 the Commissioner from interested parties for the purpose 

22 of this section. 

23 SEC. 453. None of the funds made available by this 

24 Act may be used to make a Presidential declaration by 

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1 ter 3203 of title 54, United States Code in the counties 

2 of Coconino, Maricopa, Mohave and Yavapai in the State 

3 of Arizona, in the counties of Modoc and Siskiyou in the 

4 State of California, in the counties of Chaffee, Conejos, 

5 Dolores, Moffat, Montezuma, and Park in the State of 

6 Colorado, in the counties of Carson City, Churchill, Clark, 

7 Douglas, Elko, Eureka, Humboldt, Lander, Lincoln, 

8 Lyon, Nye, Pershing, Storey and Washoe in the State of 

9 Nevada, in the county of Otero in the State of New Mex10 ico, in the counties of Jackson, Josephine and, Malheur 

11 in the State of Oregon, in the counties of Beaver, Carbon, 

12 Duchesne, Emery, Garfield, Iron, Juab, Kane, Millard, 

13 Piute, San Juan, Sanpete, Sevier, Tooele, Uintah, Wash14 ington, and Wayne in the State of Utah, or in the county 

15 of Penobscot in the State of Maine. 

16 SPENDING REDUCTION ACCOUNT

17 SEC. 454. The amount by which the applicable alloca18 tion of new budget authority made by the Committee on 

19 Appropriations of the House of Representatives under sec20 tion 302(b) of the Congressional Budget Act of 1974 ex21 ceeds the amount of proposed new budget authority is $0. 

22 This Act may be cited as the ‘‘Department of the In23 terior, Environment, and Related Agencies Appropriations 

24 Act, 2017’’. 


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Union Calendar No. 491 

114TH CONGRESS 

2D SESSION H. R. 5538 

[Report No. 114–632] 

A BILL 

Making appropriations for the Department of the 

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

JUNE 21, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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