114TH CONGRESS 

2D SESSION H. R. 5538 

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2017, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of the Interior, environment, and related 

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

5 and for other purposes, namely: 

6 TITLE I 

7 DEPARTMENT OF THE INTERIOR 

8 BUREAU OF LAND MANAGEMENT

9 MANAGEMENT OF LANDS AND RESOURCES

10 For necessary expenses for protection, use, improve11 ment, development, disposal, cadastral surveying, classi12 fication, acquisition of easements and other interests in 

13 lands, and performance of other functions, including main14 tenance of facilities, as authorized by law, in the manage15 ment of lands and their resources under the jurisdiction 

16 of the Bureau of Land Management, including the general 

17 administration of the Bureau, and assessment of mineral 

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

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

20 to remain available until expended, including all such 

21 amounts as are collected from permit processing fees, as 

22 authorized but made subject to future appropriation by 

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

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

25 fees may be used for any bureau-related expenses associ-
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1 ated with the processing of oil and gas applications for 

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

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

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

5 Fish and Wildlife Foundation for cost-shared projects sup6 porting conservation of Bureau lands; and such funds 

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

8 without regard to when expenses are incurred. 

9 In addition, $39,696,000 is for Mining Law Adminis10 tration program operations, including the cost of admin11 istering the mining claim fee program, to remain available 

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

13 Bureau and credited to this appropriation from mining 

14 claim maintenance fees and location fees that are hereby 

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

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

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

18 communication site rental fees established by the Bureau 

19 for the cost of administering communication site activities. 

20 LAND ACQUISITION

21 For expenses necessary to carry out sections 205, 

22 206, and 318(d) of Public Law 94–579, including admin23 istrative expenses and acquisition of lands or waters, or 

24 interests therein, $19,400,000, to be derived from the 
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1 Land and Water Conservation Fund and to remain avail2 able until expended. 

3 OREGON AND CALIFORNIA GRANT LANDS

4 For expenses necessary for management, protection, 

5 and development of resources and for construction, oper6 ation, and maintenance of access roads, reforestation, and 

7 other improvements on the revested Oregon and California 

8 Railroad grant lands, on other Federal lands in the Or9 egon and California land-grant counties of Oregon, and 

10 on adjacent rights-of-way; and acquisition of lands or in11 terests therein, including existing connecting roads on or 

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

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

14 aggregate of all receipts during the current fiscal year 

15 from the revested Oregon and California Railroad grant 

16 lands is hereby made a charge against the Oregon and 

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

18 General Fund in the Treasury in accordance with the sec19 ond paragraph of subsection (b) of title II of the Act of 

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

21 RANGE IMPROVEMENTS

22 For rehabilitation, protection, and acquisition of 

23 lands and interests therein, and improvement of Federal 

24 rangelands pursuant to section 401 of the Federal Land 

25 Policy and Management Act of 1976 (43 U.S.C. 1751), 
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1 notwithstanding any other Act, sums equal to 50 percent 

2 of all moneys received during the prior fiscal year under 

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

4 315b, 315m) and the amount designated for range im5 provements from grazing fees and mineral leasing receipts 

6 from Bankhead-Jones lands transferred to the Depart7 ment of the Interior pursuant to law, but not less than 

8 $10,000,000, to remain available until expended: Pro9 vided, That not to exceed $600,000 shall be available for 

10 administrative expenses. 

11 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

12 For administrative expenses and other costs related 

13 to processing application documents and other authoriza14 tions for use and disposal of public lands and resources, 

15 for costs of providing copies of official public land docu16 ments, for monitoring construction, operation, and termi17 nation of facilities in conjunction with use authorizations, 

18 and for rehabilitation of damaged property, such amounts 

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

20 1701 et seq.), and under section 28 of the Mineral Leasing 

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

22 Provided, That notwithstanding any provision to the con23 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

24 1735(a)), any moneys that have been or will be received 

25 pursuant to that section, whether as a result of forfeiture, 
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1 compromise, or settlement, if not appropriate for refund 

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

3 1735(c)), shall be available and may be expended under 

4 the authority of this Act by the Secretary to improve, pro5 tect, or rehabilitate any public lands administered through 

6 the Bureau of Land Management which have been dam7 aged by the action of a resource developer, purchaser, per8 mittee, or any unauthorized person, without regard to 

9 whether all moneys collected from each such action are 

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

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

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

13 which funds were collected may be used to repair other 

14 damaged public lands. 

15 MISCELLANEOUS TRUST FUNDS

16 In addition to amounts authorized to be expended 

17 under existing laws, there is hereby appropriated such 

18 amounts as may be contributed under section 307 of Pub19 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

20 may be advanced for administrative costs, surveys, ap21 praisals, and costs of making conveyances of omitted lands 

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

23 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 identi-
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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 (reduced by $1,000,000) (in23 creased by $1,000,000), to remain available until Sep24 tember 30, 2018: Provided, That not to exceed 

25 $14,411,000 shall be used for implementing subsections 
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1 (a), (b), (c), and (e) of section 4 of the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

3 petitions, developing and issuing proposed and final regu4 lations, and taking any other steps to implement actions 

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

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

7 used for any activity regarding the designation of critical 

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

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

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

11 $1,501,000 shall be used for any activity regarding peti12 tions for species that are indigenous to the United States 

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

14 which not to exceed $1,504,000 shall be used for imple15 menting subsections (a), (b), (c), and (e) of section 4 of 

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

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

18 CONSTRUCTION

19 For construction, improvement, acquisition, or re20 moval of buildings and other facilities required in the con21 servation, management, investigation, protection, and uti22 lization of fish and wildlife resources, and the acquisition 

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

24 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 imple-
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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 (increased by $2,500,000), of which 

14 $10,032,000 for planning and interagency coordination in 

15 support of Everglades restoration and $134,461,000 for 

16 maintenance, repair, or rehabilitation projects for con17 structed assets shall remain available until September 30, 

18 2018: Provided, That funds appropriated under this head19 ing in this Act are available for the purposes of section 

20 5 of Public Law 95–348. 

21 NATIONAL RECREATION AND PRESERVATION

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

24 partnership programs, environmental compliance and re-
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1 view, international park affairs, and grant administration, 

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

3 HISTORIC PRESERVATION FUND

4 For expenses necessary in carrying out the National 

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

6 54, United States Code), $78,410,000 (increased by 

7 $1,000,000) (increased by $2,000,000) (increased by 

8 $2,000,000), to be derived from the Historic Preservation 

9 Fund and to remain available until September 30, 2018, 

10 of which $5,000,000 shall be for Save America’s Treas11 ures grants for preservation of national significant sites, 

12 structures, and artifacts as authorized by section 7303 of 

13 the Omnibus Public Land Management Act of 2009 (54 

14 U.S.C. 3089): Provided, That an individual Save Amer15 ica’s Treasures grant shall be matched by non-Federal 

16 funds: Provided further, That individual projects shall only 

17 be eligible for one grant: Provided further, That all 

18 projects to be funded shall be approved by the Secretary 

19 of the Interior in consultation with the House and Senate 

20 Committees on Appropriations: Provided further, That of 

21 the funds provided for the Historic Preservation Fund, 

22 $500,000 is for competitive grants for the survey and 

23 nomination of properties to the National Register of His24 toric Places and as National Historic Landmarks associ25 ated with communities currently underrepresented, as de-
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1 termined by the Secretary, $11,000,000 (increased by 

2 $2,000,000) is for competitive grants to preserve the sites 

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

4 (increased by $2,000,000) is for grants to Historically 

5 Black Colleges and Universities: Provided further, That 

6 such competitive grants shall be made without imposing 

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

8 54, United States Code to States and Indian tribes as de9 fined in chapter 3003 of such title, Native Hawaiian orga10 nizations, local governments, including Certified Local 

11 Governments, and nonprofit organizations. 

12 CONSTRUCTION

13 For construction, improvements, repair, or replace14 ment of physical facilities, and compliance and planning 

15 for programs and areas administered by the National 

16 Park Service, $215,707,000, to remain available until ex17 pended: Provided, That notwithstanding any other provi18 sion of law, for any project initially funded in fiscal year 

19 2017 with a future phase indicated in the National Park 

20 Service 5–Year Line Item Construction Plan, a single pro21 curement may be issued which includes the full scope of 

22 the project: Provided further, That the solicitation and 

23 contract shall contain the clause availability of funds 

24 found at 48 CFR 52.232–18: Provided further, That Na25 tional Park Service Donations, Park Concessions Fran-
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1 chise Fees, and Recreation Fees may be made available 

2 for the cost of adjustments and changes within the origi3 nal scope of effort for projects funded by the National 

4 Park Service Construction appropriation: Provided further, 

5 That the Secretary of the Interior shall consult with the 

6 Committees on Appropriations, in accordance with current 

7 reprogramming thresholds, prior to making any charges 

8 authorized by this section. 

9 LAND AND WATER CONSERVATION FUND

10 (RESCISSION)

11 The contract authority provided for fiscal year 2017 

12 by section 200308 of title 54, United States Code, is re13 scinded. 

14 LAND ACQUISITION AND STATE ASSISTANCE

15 For expenses necessary to carry out chapter 2003 of 

16 title 54, United States Code, including administrative ex17 penses, and for acquisition of lands or waters, or interest 

18 therein, in accordance with the statutory authority appli19 cable to the National Park Service, $128,752,000, to be 

20 derived from the Land and Water Conservation Fund and 

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

22 is for the State assistance program and of which 

23 $10,000,000 shall be for the American Battlefield Protec24 tion Program grants as authorized by chapter 3081 of title 

25 54, United States Code. 
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1 CENTENNIAL CHALLENGE

2 For expenses necessary to carry out the provisions 

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

4 to challenge cost share agreements, $30,000,000, to re5 main available until expended, for Centennial Challenge 

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

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

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

10 an irrevocable letter of credit. 

11 ADMINISTRATIVE PROVISIONS

12 (INCLUDING TRANSFER OF FUNDS)

13 In addition to other uses set forth in section 

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

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

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

18 extinguish or reduce liability for Possessory Interest or 

19 leasehold surrender interest. Such funds may only be used 

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

2 so expended to extinguish or reduce liability. 

3 For the costs of administration of the Land and 

4 Water Conservation Fund grants authorized by section 

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

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

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

9 amounts to remain available until expended. 

10 National Park Service funds may be transferred to 

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

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

14 for FHWA administrative support costs. 

15 UNITED STATES GEOLOGICAL SURVEY

16 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

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

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

23 to their mineral and water resources; give engineering su24 pervision to power permittees and Federal Energy Regu25 latory Commission licensees; administer the minerals ex-
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1 ploration program (30 U.S.C. 641); conduct inquiries into 

2 the economic conditions affecting mining and materials 

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

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

5 and to publish and disseminate data relative to the fore6 going activities; $1,080,006,000, to remain available until 

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

8 available until expended for satellite operations; and of 

9 which $7,280,000 shall be available until expended for de10 ferred maintenance and capital improvement projects that 

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

12 provided for the ecosystem research activity shall be used 

13 to conduct new surveys on private property, unless specifi14 cally authorized in writing by the property owner: Pro15 vided further, That no part of this appropriation shall be 

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

17 mapping or water resources data collection and investiga18 tions carried on in cooperation with States and municipali19 ties. 

20 ADMINISTRATIVE PROVISIONS

21 From within the amount appropriated for activities 

22 of the United States Geological Survey such sums as are 

23 necessary shall be available for contracting for the fur24 nishing of topographic maps and for the making of geo25 physical or other specialized surveys when it is administra-
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1 tively determined that such procedures are in the public 

2 interest; construction and maintenance of necessary build3 ings and appurtenant facilities; acquisition of lands for 

4 gauging stations and observation wells; expenses of the 

5 United States National Committee for Geological 

6 Sciences; and payment of compensation and expenses of 

7 persons employed by the Survey duly appointed to rep8 resent the United States in the negotiation and adminis9 tration of interstate compacts: Provided, That activities 

10 funded by appropriations herein made may be accom11 plished through the use of contracts, grants, or coopera12 tive agreements as defined in section 6302 of title 31, 

13 United States Code: Provided further, That the United 

14 States Geological Survey may enter into contracts or coop15 erative agreements directly with individuals or indirectly 

16 with institutions or nonprofit organizations, without re17 gard to 41 U.S.C. 6101, for the temporary or intermittent 

18 services of students or recent graduates, who shall be con19 sidered employees for the purpose of chapters 57 and 81 

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

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

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

23 be considered to be Federal employees for any other pur24 poses. 
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1 BUREAU OF OCEAN ENERGY MANAGEMENT

2 OCEAN ENERGY MANAGEMENT

3 For expenses necessary for granting leases, ease4 ments, rights-of-way and agreements for use for oil and 

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

6 on the Outer Continental Shelf and approving operations 

7 related thereto, as authorized by law; for environmental 

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

9 and to the extent provided by Presidential or Secretarial 

10 delegation; and for matching grants or cooperative agree11 ments, $169,306,000, of which $74,362,000, is to remain 

12 available until September 30, 2018, and of which 

13 $94,944,000 is to remain available until expended: Pro14 vided, That this total appropriation shall be reduced by 

15 amounts collected by the Secretary and credited to this 

16 appropriation from additions to receipts resulting from in17 creases to lease rental rates in effect on August 5, 1993, 

18 and from cost recovery fees from activities conducted by 

19 the Bureau of Ocean Energy Management pursuant to the 

20 Outer Continental Shelf Lands Act, including studies, as21 sessments, analysis, and miscellaneous administrative ac22 tivities: Provided further, That the sum herein appro23 priated shall be reduced as such collections are received 

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

25 2017 appropriation estimated at not more than 
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1 $74,362,000: Provided further, That not to exceed $3,000 

2 shall be available for reasonable expenses related to pro3 moting volunteer beach and marine cleanup activities. 

4 BUREAU OF SAFETY AND ENVIRONMENTAL

5 ENFORCEMENT

6 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

7 (INCLUDING RESCISSION OF FUNDS)

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

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

11 and marine-related purposes on the Outer Continental 

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

14 to the extent provided by Presidential or Secretarial dele15 gation; and for matching grants or cooperative agree16 ments, $136,968,000, of which $93,438,000 is to remain 

17 available until September 30, 2018, and of which 

18 $43,530,000 is to remain available until expended: Pro19 vided, That this total appropriation shall be reduced by 

20 amounts collected by the Secretary and credited to this 

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

23 and from cost recovery fees from activities conducted by 

24 the Bureau of Safety and Environmental Enforcement 

25 pursuant to the Outer Continental Shelf Lands Act, in-
25 

•HR 5538 EH

1 cluding studies, assessments, analysis, and miscellaneous 

2 administrative activities: Provided further, That the sum 

3 herein appropriated shall be reduced as such collections 

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

5 final fiscal year 2017 appropriation estimated at not more 

6 than $93,438,000. 

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

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

10 which shall be derived from non-refundable inspection fees 

11 collected in fiscal year 2017, as provided in this Act: Pro12 vided, That to the extent that amounts realized from such 

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

14 in excess of $53,000,000 shall be credited to this appro15 priation and remain available until expended: Provided 

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

17 of the inspection fees expended by the Bureau of Safety 

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

20 expedite the orderly development, subject to environmental 

21 safeguards, of the Outer Continental Shelf pursuant to the 

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

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

24 drill. 
26 

•HR 5538 EH

1 Of the unobligated balances available for this ac2 count, $20,000,000 are permanently rescinded. 

3 OIL SPILL RESEARCH

4 For necessary expenses to carry out title I, section 

5 1016, title IV, sections 4202 and 4303, title VII, and title 

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

7 $14,899,000, which shall be derived from the Oil Spill Li8 ability Trust Fund, to remain available until expended. 

9 OFFICE OF SURFACE MINING RECLAMATION AND

10 ENFORCEMENT

11 REGULATION AND TECHNOLOGY

12 For necessary expenses to carry out the provisions 

13 of the Surface Mining Control and Reclamation Act of 

14 1977, Public Law 95–87, $119,300,000, to remain avail15 able until September 30, 2018: Provided, That appropria16 tions for the Office of Surface Mining Reclamation and 

17 Enforcement may provide for the travel and per diem ex18 penses of State and tribal personnel attending Office of 

19 Surface Mining Reclamation and Enforcement sponsored 

20 training. 

21 In addition, for costs to review, administer, and en22 force permits issued by the Office pursuant to section 507 

23 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re24 main available until expended: Provided, That fees as25 sessed and collected by the Office pursuant to such section 
27 

•HR 5538 EH

1 507 shall be credited to this account as discretionary off2 setting collections, to remain available until expended: 

3 Provided further, That the sum herein appropriated from 

4 the general fund shall be reduced as collections are re5 ceived during the fiscal year, so as to result in a fiscal 

6 year 2017 appropriation estimated at not more than 

7 $119,300,000. 

8 ABANDONED MINE RECLAMATION FUND

9 For necessary expenses to carry out title IV of the 

10 Surface Mining Control and Reclamation Act of 1977, 

11 Public Law 95–87, $27,303,000, to be derived from re12 ceipts of the Abandoned Mine Reclamation Fund and to 

13 remain available until expended: Provided, That pursuant 

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

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

16 the delinquent debt owed to the United States Government 

17 to pay for contracts to collect these debts: Provided fur18 ther, That funds made available under title IV of Public 

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

20 share of the cost of projects funded by the Federal Gov21 ernment for the purpose of environmental restoration re22 lated to treatment or abatement of acid mine drainage 

23 from abandoned mines: Provided further, That such 

24 projects must be consistent with the purposes and prior25 ities of the Surface Mining Control and Reclamation Act: 
28 

•HR 5538 EH

1 Provided further, That amounts provided under this head2 ing may be used for the travel and per diem expenses of 

3 State and tribal personnel attending Office of Surface 

4 Mining Reclamation and Enforcement sponsored training. 

5 In addition, $90,000,000 (increased by $15,000,000), 

6 to remain available until expended, for grants to States 

7 for reclamation of abandoned mine lands and other related 

8 activities in accordance with the terms and conditions in 

9 the report accompanying this Act: Provided, That such ad10 ditional amount shall be used for economic and community 

11 development in conjunction with the priorities in section 

12 403(a) of the Surface Mining Control and Reclamation 

13 Act of 1977 (30 U.S.C. 1233(a)): Provided further, That 

14 of such additional amount, $75,000,000 shall be distrib15 uted in equal amounts to the 3 Appalachian States with 

16 the greatest amount of unfunded needs to meet the prior17 ities described in paragraphs (1) and (2) of such section, 

18 and $15,000,000 (increased by $15,000,000) shall be dis19 tributed in equal amounts to the 3 Appalachian States 

20 with the subsequent greatest amount of unfunded needs 

21 to meet such priorities: Provided further, That such addi22 tional amount shall be allocated to States within 60 days 

23 after the date of enactment of this Act. 
29 

•HR 5538 EH

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 (increased by $1,500,000), to remain 

13 available until September 30, 2018, except as otherwise 

14 provided herein; of which not to exceed $8,500 may be 

15 for official reception and representation expenses; of which 

16 not to exceed $74,773,000 shall be for welfare assistance 

17 payments: Provided, That in cases of designated Federal 

18 disasters, the Secretary may exceed such cap, from the 

19 amounts provided herein, to provide for disaster relief to 

20 Indian communities affected by the disaster: Provided fur21 ther, That federally recognized Indian tribes and tribal or22 ganizations of federally recognized Indian tribes may use 

23 their tribal priority allocations for unmet welfare assist24 ance costs: Provided further, That not to exceed 

25 $652,282,000 for school operations costs of Bureau-fund-
30 

•HR 5538 EH

1 ed schools and other education programs shall become 

2 available on July 1, 2017, and shall remain available until 

3 September 30, 2018: Provided further, That not to exceed 

4 $48,815,000 (increased by $1,500,000) shall remain avail5 able until expended for housing improvement, road main6 tenance, attorney fees, litigation support, land records im7 provement, and the Navajo-Hopi Settlement Program: 

8 Provided further, That notwithstanding any other provi9 sion of law, including but not limited to the Indian Self10 Determination Act of 1975 (25 U.S.C. 450f et seq.) and 

11 section 1128 of the Education Amendments of 1978 (25 

12 U.S.C. 2008), not to exceed $75,335,000 within and only 

13 from such amounts made available for school operations 

14 shall be available for administrative cost grants associated 

15 with grants approved prior to July 1, 2017: Provided fur16 ther, That any forestry funds allocated to a federally rec17 ognized tribe which remain unobligated as of September 

18 30, 2018, may be transferred during fiscal year 2019 to 

19 an Indian forest land assistance account established for 

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

21 trust fund account: Provided further, That any such unob22 ligated balances not so transferred shall expire on Sep23 tember 30, 2019: Provided further, That in order to en24 hance the safety of Bureau field employees, the Bureau 
31 

•HR 5538 EH

1 may use funds to purchase uniforms or other identifying 

2 articles of clothing for personnel. 

3 CONTRACT SUPPORT COSTS

4 For payments to tribes and tribal organizations for 

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

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

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

9 obligation through September 30, 2018: Provided, That 

10 notwithstanding any other provision of law, no amounts 

11 made available under this heading shall be available for 

12 transfer to another budget account. 

13 CONSTRUCTION

14 (INCLUDING TRANSFER OF FUNDS)

15 For construction, repair, improvement, and mainte16 nance of irrigation and power systems, buildings, utilities, 

17 and other facilities, including architectural and engineer18 ing services by contract; acquisition of lands, and interests 

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

20 construction of the Navajo Indian Irrigation Project pur21 suant to Public Law 87–483, $197,017,000, to remain 

22 available until expended: Provided, That such amounts as 

23 may be available for the construction of the Navajo Indian 

24 Irrigation Project may be transferred to the Bureau of 

25 Reclamation: Provided further, That not to exceed 6 per-
32 

•HR 5538 EH

1 cent of contract authority available to the Bureau of In2 dian Affairs from the Federal Highway Trust Fund may 

3 be used to cover the road program management costs of 

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

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

6 shall be made available on a nonreimbursable basis: Pro7 vided further, That for fiscal year 2017, in implementing 

8 new construction, replacement facilities construction, or 

9 facilities improvement and repair project grants in excess 

10 of $100,000 that are provided to grant schools under Pub11 lic Law 100–297, the Secretary of the Interior shall use 

12 the Administrative and Audit Requirements and Cost 

13 Principles for Assistance Programs contained in 43 CFR 

14 part 12 as the regulatory requirements: Provided further, 

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

16 43 CFR; the Secretary and the grantee shall negotiate and 

17 determine a schedule of payments for the work to be per18 formed: Provided further, That in considering grant appli19 cations, the Secretary shall consider whether such grantee 

20 would be deficient in assuring that the construction 

21 projects conform to applicable building standards and 

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

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

24 to organizational and financial management capabilities: 

25 Provided further, That if the Secretary declines a grant 
33 

•HR 5538 EH

1 application, the Secretary shall follow the requirements 

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

3 any disputes between the Secretary and any grantee con4 cerning a grant shall be subject to the disputes provision 

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

6 ensure timely completion of construction projects, the Sec7 retary may assume control of a project and all funds re8 lated to the project, if, within 18 months of the date of 

9 enactment of this Act, any grantee receiving funds appro10 priated in this Act or in any prior Act, has not completed 

11 the planning and design phase of the project and com12 menced construction: Provided further, That this appro13 priation may be reimbursed from the Office of the Special 

14 Trustee for American Indians appropriation for the appro15 priate share of construction costs for space expansion 

16 needed in agency offices to meet trust reform implementa17 tion. 

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 For payments and necessary administrative expenses 

21 for implementation of Indian land and water claim settle22 ments pursuant to Public Laws 99–264, 100–580, 101– 

23 618, 111–11, and 111–291, and for implementation of 

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

25 remain available until expended. 
34 

•HR 5538 EH

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 
35 

•HR 5538 EH

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 
36 

•HR 5538 EH

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 
37 

•HR 5538 EH

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 
38 

•HR 5538 EH

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 (reduced by $2,500,000) 

21 (reduced by $1,000,000) (reduced by $2,000,000) (re22 duced by $2,000,000), to remain available until September 

23 30, 2018; of which not to exceed $15,000 may be for offi24 cial reception and representation expenses; and of which 

25 up to $1,000,000 shall be available for workers compensa-
39 

•HR 5538 EH

1 tion payments and unemployment compensation payments 

2 associated with the orderly closure of the United States 

3 Bureau of Mines; and of which $10,000,000 for the Office 

4 of Valuation Services is to be derived from the Land and 

5 Water Conservation Fund and shall remain available until 

6 expended; and of which $38,300,000 shall remain avail7 able until expended for the purpose of mineral revenue 

8 management activities: Provided, That notwithstanding 

9 any other provision of law, $15,000 under this heading 

10 shall be available for refunds of overpayments in connec11 tion with certain Indian leases in which the Secretary con12 curred with the claimed refund due, to pay amounts owed 

13 to Indian allottees or tribes, or to correct prior unrecover14 able erroneous payments. 

15 ADMINISTRATIVE PROVISIONS

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

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

18 6901–6907) may be retained for administrative expenses 

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

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

21 otherwise eligible units of local government if the com22 puted amount of the payment is less than $100: Provided 

23 further, That the Secretary may reduce the payment au24 thorized by 31 U.S.C. 6901–6907 for an individual county 

25 by the amount necessary to correct prior year overpay-
40 

•HR 5538 EH

1 ments to that county: Provided further, That the amount 

2 needed to correct a prior year underpayment to an indi3 vidual county shall be paid from any reductions for over4 payments to other counties and the amount necessary to 

5 cover any remaining underpayment is hereby appropriated 

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

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

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

9 $480,000,000 shall be available to the Secretary of the 

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

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

12 INSULAR AFFAIRS

13 ASSISTANCE TO TERRITORIES

14 For expenses necessary for assistance to territories 

15 under the jurisdiction of the Department of the Interior 

16 and other jurisdictions identified in section 104(e) of Pub17 lic Law 108–188, $86,976,000, of which: (1) $77,528,000 

18 shall remain available until expended for territorial assist19 ance, including general technical assistance, maintenance 

20 assistance, disaster assistance, coral reef initiative activi21 ties, and brown tree snake control and research; grants 

22 to the judiciary in American Samoa for compensation and 

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

24 grants to the Government of American Samoa, in addition 

25 to current local revenues, for construction and support of 
41 

•HR 5538 EH

1 governmental functions; grants to the Government of the 

2 Virgin Islands as authorized by law; grants to the Govern3 ment of Guam, as authorized by law; and grants to the 

4 Government of the Northern Mariana Islands as author5 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 

6 $9,448,000 shall be available until September 30, 2018, 

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

8 Provided, That all financial transactions of the territorial 

9 and local governments herein provided for, including such 

10 transactions of all agencies or instrumentalities estab11 lished or used by such governments, may be audited by 

12 the Government Accountability Office, at its discretion, in 

13 accordance with chapter 35 of title 31, United States 

14 Code: Provided further, That Northern Mariana Islands 

15 Covenant grant funding shall be provided according to 

16 those terms of the Agreement of the Special Representa17 tives on Future United States Financial Assistance for the 

18 Northern Mariana Islands approved by Public Law 104– 

19 134: Provided further, That the funds for the program of 

20 operations and maintenance improvement are appro21 priated to institutionalize routine operations and mainte22 nance improvement of capital infrastructure with terri23 torial participation and cost sharing to be determined by 

24 the Secretary based on the grantee’s commitment to time25 ly maintenance of its capital assets: Provided further, That 
42 

•HR 5538 EH

1 any appropriation for disaster assistance under this head2 ing in this Act or previous appropriations Acts may be 

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

4 hazard mitigation grants provided pursuant to section 404 

5 of the Robert T. Stafford Disaster Relief and Emergency 

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

7 COMPACT OF FREE ASSOCIATION

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

9 remain available until expended, as provided for in sec10 tions 221(a)(2) and 233 of the Compact of Free Associa11 tion for the Republic of Palau; and section 221(a)(2) of 

12 the Compacts of Free Association for the Government of 

13 the Republic of the Marshall Islands and the Federated 

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

15 658 and Public Law 108–188. 

16 ADMINISTRATIVE PROVISIONS

17 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

25 of loan administration, for the purposes authorized by the 
43 

•HR 5538 EH

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

2 of the Consolidated Farm and Rural Development Act for 

3 construction and repair projects in Guam, and such funds 

4 shall remain available until expended: Provided, That such 

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

6 as defined in section 502 of the Congressional Budget Act 

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

9 area, credit elsewhere requirements, and restrictions on 

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

12 Farm and Rural Development Act: Provided further, That 

13 any funds transferred to the Secretary of Agriculture shall 

14 be in addition to funds otherwise made available to make 

15 or guarantee loans under such authorities. 

16 OFFICE OF THE SOLICITOR

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Solicitor, 

19 $65,800,000. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector 

23 General, $50,047,000. 
44 

•HR 5538 EH

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 
45 

•HR 5538 EH

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 
46 

•HR 5538 EH

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 
47 

•HR 5538 EH

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, 
48 

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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, 

25 between the Departments when such transfers would fa-
49 

•HR 5538 EH

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). 
50 

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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 
51 

•HR 5538 EH

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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•HR 5538 EH

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 

25 available to the Department of the Interior for emer-
53 

•HR 5538 EH

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 
54 

•HR 5538 EH

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 
55 

•HR 5538 EH

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 

26 law, the Secretary of the Interior is authorized to redis-
56 

•HR 5538 EH

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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•HR 5538 EH

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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•HR 5538 EH

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 

26 law, during fiscal year 2017, in carrying out work involv-
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•HR 5538 EH

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 

26 or any other Act may be used by the Secretary of the Inte-
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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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•HR 5538 EH

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 

25 and the Assistant Secretary of the Interior for In-
64 

•HR 5538 EH

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 Public 

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

22 further 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 Public Law 106–554, as amended (54 
65 

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1 U.S.C. 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 
67 

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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 CFR 816.57 or 30 CFR 

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 super-
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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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•HR 5538 EH

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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•HR 5538 EH

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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•HR 5538 EH

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 TITLE II 

20 ENVIRONMENTAL PROTECTION AGENCY 

21 SCIENCE AND TECHNOLOGY

22 For science and technology, including research and 

23 development activities, which shall include research and 

24 development activities under the Comprehensive Environ25 mental Response, Compensation, and Liability Act of 
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•HR 5538 EH

1 1980; necessary expenses for personnel and related costs 

2 and travel expenses; procurement of laboratory equipment 

3 and supplies; and other operating expenses in support of 

4 research and development, $720,072,000 (increased by 

5 $3,000,000), to remain available until September 30, 

6 2018: Provided, That of the funds included under this 

7 heading, $10,000,000 shall be for Research: National Pri8 orities as specified in the report accompanying this Act. 

9 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

10 For environmental programs and management, in11 cluding necessary expenses, not otherwise provided for, for 

12 personnel and related costs and travel expenses; hire of 

13 passenger motor vehicles; hire, maintenance, and oper14 ation of aircraft; purchase of reprints; library member15 ships in societies or associations which issue publications 

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

17 subscribers who are not members; administrative costs of 

18 the brownfields program under the Small Business Liabil19 ity Relief and Brownfields Revitalization Act of 2002; and 

20 not to exceed $9,000 for official reception and representa21 tion expenses, $2,527,470,000 (reduced by $15,000,000) 

22 (reduced by $14,000,000) (reduced by $70,000,000) (re23 duced by $12,000,000) (reduced by $3,000,000) (reduced 

24 by $1,750,000) (reduced by $468,000) (increased by 

25 $468,000), to remain available until September 30, 2018: 
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•HR 5538 EH

1 Provided, That of the funds included under this heading, 

2 $15,000,000 shall be for Environmental Protection: Na3 tional Priorities as specified in the report accompanying 

4 this Act: Provided further, That of the funds included 

5 under this heading, $409,709,000 shall be for Geographic 

6 Programs specified in the report accompanying this Act: 

7 Provided further, That the Administrator of the Environ8 mental Protection Agency is authorized, in carrying out 

9 its responsibilities under section 2002(b) of the Solid 

10 Waste Disposal Act (42 U.S.C. 6912(b)), to use appro11 priations made available under this heading to evaluate 

12 the effectiveness of States using State solid waste manage13 ment plans to ensure the efficient and effective implemen14 tation, consistent with Executive Order No. 12898, of the 

15 final regulations on coal combustion residuals that took 

16 effect on October 19, 2015, and codified in parts 257 and 

17 261 of title 40 of the Code of Federal Regulations: Pro18 vided further, That the Administrator shall provide to the 

19 Committee on Appropriations and the appropriate author20 izing Committees a report on the effectiveness of States 

21 using such plans in implementing the requirements of final 

22 coal combustion residual regulations in an efficient and 

23 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 (increased by 

13 $10,038,000), to remain available until September 30, 

14 2018. 

15 BUILDINGS AND FACILITIES

16 For construction, repair, improvement, extension, al17 teration, and purchase of fixed equipment or facilities of, 

18 or for use by, the Environmental Protection Agency, 

19 $34,467,000, to remain available until expended. 

20 HAZARDOUS SUBSTANCE SUPERFUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses to carry out the Comprehen23 sive Environmental Response, Compensation, and Liabil24 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

25 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 
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•HR 5538 EH

1 $1,115,929,000, to remain available until expended, con2 sisting of such sums as are available in the Trust Fund 

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

4 of the Superfund Amendments and Reauthorization Act 

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

6 from general revenues to the Hazardous Substance Super7 fund for purposes as authorized by section 517(b) of 

8 SARA: Provided, That funds appropriated under this 

9 heading may be allocated to other Federal agencies in ac10 cordance with section 111(a) of CERCLA: Provided fur11 ther, That of the funds appropriated under this heading, 

12 $8,778,000 shall be paid to the ‘‘Office of Inspector Gen13 eral’’ appropriation to remain available until September 

14 30, 2018, and $15,496,000 shall be paid to the ‘‘Science 

15 and Technology’’ appropriation to remain available until 

16 September 30, 2018. 

17 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

18 PROGRAM

19 For necessary expenses to carry out leaking under20 ground storage tank cleanup activities authorized by sub21 title I of the Solid Waste Disposal Act, $94,605,000, to 

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

23 shall be for carrying out leaking underground storage tank 

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

25 Solid Waste Disposal Act; $26,589,000 shall be for car-
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•HR 5538 EH

1 rying out the other provisions of the Solid Waste Disposal 

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

3 Code: Provided, That the Administrator is authorized to 

4 use appropriations made available under this heading to 

5 implement section 9013 of the Solid Waste Disposal Act 

6 to provide financial assistance to federally recognized In7 dian tribes for the development and implementation of 

8 programs to manage underground storage tanks. 

9 INLAND OIL SPILL PROGRAMS

10 For expenses necessary to carry out the Environ11 mental Protection Agency’s responsibilities under the Oil 

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

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

14 expended. 

15 STATE AND TRIBAL ASSISTANCE GRANTS

16 For environmental programs and infrastructure as17 sistance, including capitalization grants for State revolv18 ing funds and performance partnership grants, 

19 $3,370,729,000 (increased by $6,000,000) (reduced by 

20 $6,000,000), to remain available until expended, of 

21 which— 

22 (1) $1,000,000,000 shall be for making capital23 ization grants for the Clean Water State Revolving 

24 Funds under title VI of the Federal Water Pollution 

25 Control Act; and of which $1,070,500,000 shall be 
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•HR 5538 EH

1 for making capitalization grants for the Drinking 

2 Water State Revolving Funds under section 1452 of 

3 the Safe Drinking Water Act: Provided, That for fis4 cal year 2017, funds made available under this title 

5 to each State for Clean Water State Revolving Fund 

6 capitalization grants and for Drinking Water State 

7 Revolving Fund capitalization grants may, at the 

8 discretion of each State, be used for projects to ad9 dress green infrastructure, water or energy efficiency 

10 improvements, or other environmentally innovative 

11 activities: Provided further, That notwithstanding 

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

13 Control Act, the limitation on the amounts in a 

14 State water pollution control revolving fund that 

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

16 not apply to amounts included as principal in loans 

17 made by such fund in fiscal year 2017 and prior 

18 years where such amounts represent costs of admin19 istering the fund to the extent that such amounts 

20 are or were deemed reasonable by the Administrator, 

21 accounted for separately from other assets in the 

22 fund, and used for eligible purposes of the fund, in23 cluding administration: Provided further, That for 

24 fiscal year 2017, notwithstanding the provisions of 

25 sections 201(g)(1), (h), and (l) of the Federal Water 
78 

•HR 5538 EH

1 Pollution Control Act, grants under Title II of the 

2 Federal Water Pollution Control Act for American 

3 Samoa, Guam, the Commonwealth of the Northern 

4 Marianas, the United States Virgin Islands, and the 

5 District of Columbia may also be made for the pur6 pose of providing assistance: (1) solely for facility 

7 plans, design activities, or plans, specification, and 

8 estimates for any proposed project for the construc9 tion of treatment works; and (2) for the construc10 tion, repair, or replacement of privately owned treat11 ment works serving one or more principal residences 

12 or small commercial establishments; Provided fur13 ther, That for fiscal year 2017, notwithstanding the 

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

15 518(c) of the Federal Water Pollution Control Act, 

16 funds reserved by the Administrator for grants 

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

18 Control Act may also be used to provide assistance: 

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

20 plans, specifications, and estimates for any proposed 

21 project for the construction of treatment works; and 

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

23 privately owned treatment works serving one or 

24 more principal residences or small commercial estab25 lishments; Funds reserved under section 518(c) of 
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•HR 5538 EH

1 such Act shall be available for grants only to Indian 

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

3 former Indian reservations in Oklahoma (as defined 

4 by the Secretary of the Interior) and Native Villages 

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

6 That for fiscal year 2017, notwithstanding any pro7 vision of the Clean Water Act and regulations issued 

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

9 funds reserved by the Administrator for grants 

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

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

12 technical assistance, and educational programs relat13 ing to the operation and management of the treat14 ment works specified in section 518(c) of such Act; 

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

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

17 defined in section 518(h) of such Act and former In18 dian reservations in Oklahoma (as determined by the 

19 Secretary of the Interior) and Native Villages (as 

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

21 That for fiscal year 2017, notwithstanding the limi22 tation on amounts in section 518(c) of the Federal 

23 Water Pollution Control Act, up to a total of 2 per24 cent of the funds appropriated, or $30,000,000, 

25 whichever is greater, and notwithstanding the limita-
80 

•HR 5538 EH

1 tion on amounts in section 1452(i) of the Safe 

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

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

4 is greater, for State Revolving Funds under such 

5 Acts may be reserved by the Administrator for 

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

7 such Acts: Provided further, That for fiscal year 

8 2017, notwithstanding the amounts specified in sec9 tion 205(c) of the Federal Water Pollution Control 

10 Act, up to 1.5 percent of the aggregate funds appro11 priated for the Clean Water State Revolving Fund 

12 program under the Act less any sums reserved under 

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

14 Administrator for grants made under title II of the 

15 Federal Water Pollution Control Act for American 

16 Samoa, Guam, the Commonwealth of the Northern 

17 Marianas, and United States Virgin Islands: Pro18 vided further, That for fiscal year 2017, notwith19 standing the limitations on amounts specified in sec20 tion 1452(j) of the Safe Drinking Water Act, up to 

21 1.5 percent of the funds appropriated for the Drink22 ing Water State Revolving Fund programs under the 

23 Safe Drinking Water Act may be reserved by the 

24 Administrator for grants made under section 

25 1452(j) of the Safe Drinking Water Act: Provided 
81 

•HR 5538 EH

1 further, That 10 percent of the funds made available 

2 under this title to each State for Clean Water State 

3 Revolving Fund capitalization grants and 20 percent 

4 of the funds made available under this title to each 

5 State for Drinking Water State Revolving Fund cap6 italization grants shall be used by the State to pro7 vide additional subsidy to eligible recipients in the 

8 form of forgiveness of principal, negative interest 

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

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

11 are provided as initial financing for an eligible re12 cipient or to buy, refinance, or restructure the debt 

13 obligations of eligible recipients where such debt was 

14 incurred on or after the date of enactment of this 

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

16 date of enactment of this Act if the State, with con17 currence from the Administrator, determines that 

18 such funds could be used to help address a threat 

19 to public health from heightened exposure to lead in 

20 drinking water or if a Federal or State emergency 

21 declaration has been issued due to a threat to public 

22 health from heightened exposure to lead in a munic23 ipal drinking water supply before the date of enact24 ment of this Act: Provided further, That in a State 

25 in which such an emergency declaration has been 
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•HR 5538 EH

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

2 the funds made available under this title to the 

3 State for Drinking Water State Revolving Fund cap4 italization grants to provide additional subsidy to eli5 gible recipients; 

6 (2) $5,000,000 shall be for architectural, engi7 neering, planning, design, construction and related 

8 activities in connection with the construction of high 

9 priority water and wastewater facilities in the area 

10 of the United States-Mexico Border, after consulta11 tion with the appropriate border commission; Pro12 vided, That no funds provided by this appropriations 

13 Act to address the water, wastewater and other crit14 ical infrastructure needs of the colonias in the 

15 United States along the United States-Mexico bor16 der shall be made available to a county or municipal 

17 government unless that government has established 

18 an enforceable local ordinance, or other zoning rule, 

19 which prevents in that jurisdiction the development 

20 or construction of any additional colonia areas, or 

21 the development within an existing colonia the con22 struction of any new home, business, or other struc23 ture which lacks water, wastewater, or other nec24 essary infrastructure; 
83 

•HR 5538 EH

1 (3) $17,000,000 shall be for grants to the State 

2 of Alaska to address drinking water and wastewater 

3 infrastructure needs of rural and Alaska Native Vil4 lages: Provided, That of these funds: (A) the State 

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

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

7 for administrative and overhead expenses; and (C) 

8 the State of Alaska shall make awards consistent 

9 with the Statewide priority list established in con10 junction with the Agency and the United States De11 partment of Agriculture for all water, sewer, waste 

12 disposal, and similar projects carried out by the 

13 State of Alaska that are funded under section 221 

14 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1301) or the Consolidated Farm and Rural 

16 Development Act (7 U.S.C. 1921 et seq.) which shall 

17 allocate not less than 25 percent of the funds pro18 vided for projects in regional hub communities; 

19 (4) $80,000,000 shall be to carry out section 

20 104(k) of the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 

22 (CERCLA), including grants, interagency agree23 ments, and associated program support costs: Pro24 vided, That not more than 25 percent of the amount 

25 appropriated to carry out section 104(k) of 
84 

•HR 5538 EH

1 CERCLA shall be used for site characterization, as2 sessment, and remediation of facilities described in 

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

4 further, That at least 10 percent shall be allocated 

5 for assistance in persistent poverty counties: Pro6 vided further, That for purposes of this section, the 

7 term ‘‘persistent poverty counties’’ means any coun8 ty that has had 20 percent or more of its population 

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

10 by the 1990 and 2000 decennial censuses and the 

11 most recent Small Area Income and Poverty Esti12 mates; 

13 (5) $100,000,000 shall be for grants under title 

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

15 (6) $40,000,000 shall be for targeted airshed 

16 grants in accordance with the terms and conditions 

17 of the report accompanying this Act; and 

18 (7) $1,058,229,000 shall be for grants, includ19 ing associated program support costs, to States, fed20 erally recognized tribes, interstate agencies, tribal 

21 consortia, and air pollution control agencies for 

22 multi-media or single media pollution prevention, 

23 control and abatement and related activities, includ24 ing activities pursuant to the provisions set forth 

25 under this heading in Public Law 104–134, and for 
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•HR 5538 EH

1 making grants under section 103 of the Clean Air 

2 Act for particulate matter monitoring and data col3 lection activities subject to terms and conditions 

4 specified by the Administrator, of which: 

5 $47,745,000 shall be for carrying out section 128 of 

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

7 Information Exchange Network grants, including as8 sociated program support costs; $1,498,000 shall be 

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

10 Solid Waste Disposal Act, which shall be in addition 

11 to funds appropriated under the heading ‘‘Leaking 

12 Underground Storage Tank Trust Fund Program’’ 

13 to carry out the provisions of the Solid Waste Dis14 posal Act specified in section 9508(c) of the Internal 

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

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

17 available for grants under section 106 of the Federal 

18 Water Pollution Control Act shall be for State par19 ticipation in national- and State-level statistical sur20 veys of water resources and enhancements to State 

21 monitoring programs. 

22 WATER INFRASTRUCTURE FINANCE AND INNOVATION

23 PROGRAM ACCOUNT

24 For the cost of direct loans and for the cost of guar25 anteed loans, as authorized by the Water Infrastructure 
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•HR 5538 EH

1 Finance and Innovation Act of 2014, $45,000,000, to re2 main available until expended: Provided, That such costs, 

3 including the cost of modifying such loans, shall be as de4 fined in section 502 of the Congressional Budget Act of 

5 1974: Provided further, That these funds are available to 

6 subsidize gross obligations for the principal amount of di7 rect loans, including capitalized interest, and total loan 

8 principal, including capitalized interest, any part of which 

9 is to be guaranteed, not to exceed $5,487,000,000. 

10 In addition, fees authorized to be collected pursuant 

11 to sections 5029 and 5030 of the Water Infrastructure 

12 Finance and Innovation Act of 2014 shall be deposited 

13 in this account to remain available until expended. 

14 In addition, for administrative expenses to carry out 

15 the direct and guaranteed loan programs, notwithstanding 

16 section 5033 of the Water Infrastructure Finance and In17 novation Act of 2014, $5,000,000, to remain available 

18 until September 30, 2018. 

19 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

20 PROTECTION AGENCY

21 (INCLUDING TRANSFERS OF FUNDS)

22 For fiscal year 2017, notwithstanding 31 U.S.C. 

23 6303(1) and 6305(1), the Administrator of the Environ24 mental Protection Agency, in carrying out the Agency’s 

25 function to implement directly Federal environmental pro-
87 

•HR 5538 EH

1 grams required or authorized by law in the absence of an 

2 acceptable tribal program, may award cooperative agree3 ments to federally recognized Indian tribes or Intertribal 

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

5 the Administrator in implementing Federal environmental 

6 programs for Indian tribes required or authorized by law, 

7 except that no such cooperative agreements may be award8 ed from funds designated for State financial assistance 

9 agreements. 

10 The Administrator of the Environmental Protection 

11 Agency is authorized to collect and obligate pesticide reg12 istration service fees in accordance with section 33 of the 

13 Federal Insecticide, Fungicide, and Rodenticide Act, as 

14 amended by Public Law 112–177, the Pesticide Registra15 tion Improvement Extension Act of 2012. 

16 Notwithstanding section 33(d)(2) of the Federal In17 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

18 U.S.C. 136w–8(d)(2)), the Administrator of the Environ19 mental Protection Agency may assess fees under section 

20 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2017. 

21 The Administrator is authorized to transfer up to 

22 $300,000,000 of the funds appropriated for the Great 

23 Lakes Restoration Initiative under the heading ‘‘Environ24 mental Programs and Management’’ to the head of any 

25 Federal department or agency, with the concurrence of 
88 

•HR 5538 EH

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

2 Great Lakes Restoration Initiative and Great Lakes 

3 Water Quality Agreement programs, projects, or activities; 

4 to enter into an interagency agreement with the head of 

5 such Federal department or agency to carry out these ac6 tivities; and to make grants to governmental entities, non7 profit organizations, institutions, and individuals for plan8 ning, research, monitoring, outreach, and implementation 

9 in furtherance of the Great Lakes Restoration Initiative 

10 and the Great Lakes Water Quality Agreement. 

11 The Science and Technology, Environmental Pro12 grams and Management, Office of Inspector General, Haz13 ardous Substance Superfund, and Leaking Underground 

14 Storage Tank Trust Fund Program Accounts, are avail15 able for the construction, alteration, repair, rehabilitation, 

16 and renovation of facilities provided that the cost does not 

17 exceed $150,000 per project. 

18 The Administrator of the Environmental Protection 

19 Agency shall base agency policies and actions regarding 

20 air emissions from forest biomass including, but not lim21 ited to, air emissions from facilities that combust forest 

22 biomass for energy, on the principle that forest biomass 

23 emissions do not increase overall carbon dioxide accumula24 tions in the atmosphere when USDA Forest Inventory and 

25 Analysis data show that forest carbon stocks in the United 
89 

•HR 5538 EH

1 States are stable or increasing on a national scale, or when 

2 forest biomass is derived from mill residuals, harvest re3 siduals or forest management activities. Such policies and 

4 actions shall not pre-empt existing authorities of States 

5 to determine how to utilize biomass as a renewable energy 

6 source and shall not inhibit States’ authority to apply the 

7 same policies to forest biomass as other renewable fuels 

8 in implementing Federal law. 

9 The Administrator of the Environmental Protection 

10 Agency shall apply the criteria and procedures in effect 

11 as of the date of enactment of this Act for aquifer exemp12 tions under the underground injection control regulatory 

13 framework, in a collaborative manner with the States and 

14 regulated industries, to promptly review and make deci15 sions on all aquifer exemption applications using the cri16 teria for exempted aquifers set forth in section 146.4 of 

17 title 40, Code of Federal Regulations (as in effect on April 

18 1, 2016). The Administrator shall not use substantial pro19 gram revisions for purposes of reviewing and making deci20 sions on aquifer exemption applications involving under21 ground injection authorized by permit, provided the injec22 tion is occurring into aquifers that meet the criteria for 

23 an exemption under such section 146.4 and the rec24 ommendations of key State resource agencies are taken 

25 in account. 
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•HR 5538 EH

1 For fiscal year 2017, and notwithstanding section 

2 518(f) of the Federal Water Pollution Control Act (33 

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

4 the amounts appropriated for any fiscal year under section 

5 319 of the Act to make grants to federally recognized In6 dian tribes pursuant to sections 319(h) and 518(e) of that 

7 Act. 

8 TITLE III 

9 RELATED AGENCIES 

10 DEPARTMENT OF AGRICULTURE 

11 FOREST SERVICE

12 FOREST AND RANGELAND RESEARCH

13 For necessary expenses of forest and rangeland re14 search as authorized by law, $291,982,000 (increased by 

15 $10,000,000), to remain available through September 30, 

16 2019: Provided, That of the funds provided, $77,000,000 

17 is for the forest inventory and analysis program. 

18 STATE AND PRIVATE FORESTRY

19 For necessary expenses of cooperating with and pro20 viding technical and financial assistance to States, terri21 tories, possessions, and others, and for forest health man22 agement, including treatments of pests, pathogens, and 

23 invasive or noxious plants and for restoring and rehabili24 tating forests damaged by pests or invasive plants, cooper25 ative forestry, and education and land conservation activi-
91 

•HR 5538 EH

1 ties and conducting an international program as author2 ized, $244,038,000, to remain available through Sep3 tember 30, 2018, as authorized by law, of which 

4 $55,000,000 is to be derived from the Land and Water 

5 Conservation Fund to be used for the Forest Legacy Pro6 gram, to remain available until expended. 

7 NATIONAL FOREST SYSTEM

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Forest Service, not 

10 otherwise provided for, for management, protection, im11 provement, and utilization of the National Forest System, 

12 $1,531,443,000 (reduced by $2,000,000), to remain avail13 able through September 30, 2018: Provided, That of the 

14 funds provided, $40,000,000 shall be deposited in the Col15 laborative Forest Landscape Restoration Fund for ecologi16 cal restoration treatments as authorized by 16 U.S.C. 

17 7303(f): Provided further, That of the funds provided, 

18 $384,805,000 shall be for forest products: Provided fur19 ther, That of the funds provided, up to $159,941,000 is 

20 for the Integrated Resource Restoration pilot program for 

21 Region 1, Region 2, Region 3, Region 4, and Region 5: 

22 Provided further, That of the funds provided for forest 

23 products, up to $161,560,000 may be transferred to sup24 port the Integrated Resource Restoration pilot program 

25 in the preceding proviso: Provided further, That the Sec-
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•HR 5538 EH

1 retary of Agriculture may transfer to the Secretary of the 

2 Interior any unobligated funds appropriated in a previous 

3 fiscal year for operation of the Valles Caldera National 

4 Preserve. 

5 CAPITAL IMPROVEMENT AND MAINTENANCE

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Forest Service, not 

8 otherwise provided for, $364,164,000, to remain available 

9 through September 30, 2018, for construction, capital im10 provement, maintenance and acquisition of buildings and 

11 other facilities and infrastructure; and for construction, 

12 reconstruction, decommissioning of roads that are no 

13 longer needed, including unauthorized roads that are not 

14 part of the transportation system, and maintenance of for15 est roads and trails by the Forest Service as authorized 

16 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro17 vided, That $40,000,000 shall be designated for urgently 

18 needed road decommissioning, road and trail repair and 

19 maintenance and associated activities, and removal of fish 

20 passage barriers, especially in areas where Forest Service 

21 roads may be contributing to water quality problems in 

22 streams and water bodies which support threatened, en23 dangered, or sensitive species or community water sources: 

24 Provided further, That funds becoming available in fiscal 

25 year 2017 under the Act of March 4, 1913 (16 U.S.C. 
93 

•HR 5538 EH

1 501) shall be transferred to the General Fund of the 

2 Treasury and shall not be available for transfer or obliga3 tion for any other purpose unless the funds are appro4 priated: Provided further, That of the funds provided for 

5 decommissioning of roads, up to $24,543,000 may be 

6 transferred to the ‘‘National Forest System’’ to support 

7 the Integrated Resource Restoration pilot program. 

8 LAND ACQUISITION

9 For expenses necessary to carry out the provisions 

10 of chapter 2003 of title 54, United States Code, including 

11 administrative expenses, and for acquisition of land or 

12 waters, or interest therein, in accordance with statutory 

13 authority applicable to the Forest Service, $27,280,000, 

14 to be derived from the Land and Water Conservation 

15 Fund and to remain available until expended. 

16 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

17 ACTS

18 For acquisition of lands within the exterior bound19 aries of the Cache, Uinta, and Wasatch National Forests, 

20 Utah; the Toiyabe National Forest, Nevada; and the An21 geles, San Bernardino, Sequoia, and Cleveland National 

22 Forests, California, as authorized by law, $950,000, to be 

23 derived from forest receipts. 
94 

•HR 5538 EH

1 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

2 For acquisition of lands, such sums, to be derived 

3 from funds deposited by State, county, or municipal gov4 ernments, public school districts, or other public school au5 thorities, and for authorized expenditures from funds de6 posited by non-Federal parties pursuant to Land Sale and 

7 Exchange Acts, pursuant to the Act of December 4, 1967 

8 (16 U.S.C. 484a), to remain available through September 

9 30, 2018, (16 U.S.C. 516–617a, 555a; Public Law 96– 

10 586; Public Law 76–589, 76–591; and Public Law 78– 

11 310). 

12 RANGE BETTERMENT FUND

13 For necessary expenses of range rehabilitation, pro14 tection, and improvement, 50 percent of all moneys re15 ceived during the prior fiscal year, as fees for grazing do16 mestic livestock on lands in National Forests in the 16 

17 Western States, pursuant to section 401(b)(1) of Public 

18 Law 94–579, to remain available through September 30, 

19 2018, of which not to exceed 6 percent shall be available 

20 for administrative expenses associated with on-the-ground 

21 range rehabilitation, protection, and improvements. 

22 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

23 RANGELAND RESEARCH

24 For expenses authorized by 16 U.S.C. 1643(b), 

25 $45,000, to remain available through September 30, 2018, 
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1 to be derived from the fund established pursuant to the 

2 above Act. 

3 MANAGEMENT OF NATIONAL FOREST LANDS FOR

4 SUBSISTENCE USES

5 For necessary expenses of the Forest Service to man6 age Federal lands in Alaska for subsistence uses under 

7 title VIII of the Alaska National Interest Lands Conserva8 tion Act (Public Law 96–487), $2,500,000, to remain 

9 available through September 30, 2018. 

10 WILDLAND FIRE MANAGEMENT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses for forest fire presuppression 

13 activities on National Forest System lands, for emergency 

14 fire suppression on or adjacent to such lands or other 

15 lands under fire protection agreement, hazardous fuels 

16 management on or adjacent to such lands, emergency re17 habilitation of burned-over National Forest System lands 

18 and water, and for State and volunteer fire assistance, 

19 $2,593,763,000 (increased by $70,000,000) (increased by 

20 $2,000,000), to remain available through September 30, 

21 2019: Provided, That such funds including unobligated 

22 balances under this heading, are available for repayment 

23 of advances from other appropriations accounts previously 

24 transferred for such purposes: Provided further, That such 

25 funds shall be available to reimburse State and other co-
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1 operating entities for services provided in response to wild2 fire and other emergencies or disasters to the extent such 

3 reimbursements by the Forest Service for non-fire emer4 gencies are fully repaid by the responsible emergency man5 agement agency: Provided further, That notwithstanding 

6 any other provision of law, $6,914,000 of funds appro7 priated under this appropriation shall be available for the 

8 Forest Service in support of fire science research author9 ized by the Joint Fire Science Program, including all For10 est Service authorities for the use of funds, such as con11 tracts, grants, research joint venture agreements, and co12 operative agreements: Provided further, That all authori13 ties for the use of funds, including the use of contracts, 

14 grants, and cooperative agreements, available to execute 

15 the Forest and Rangeland Research appropriation, are 

16 also available in the utilization of these funds for Fire 

17 Science Research: Provided further, That funds provided 

18 shall be available for emergency rehabilitation and restora19 tion, hazardous fuels management activities, support to 

20 Federal emergency response, and wildfire suppression ac21 tivities of the Forest Service: Provided further, That of the 

22 funds provided, $395,000,000 (increased by $70,000,000) 

23 is for hazardous fuels management activities, $19,795,000 

24 is for research activities and to make competitive research 

25 grants pursuant to the Forest and Rangeland Renewable 
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•HR 5538 EH

1 Resources Research Act, (16 U.S.C. 1641 et seq.), 

2 $78,000,000 is for State fire assistance, and $13,000,000 

3 (increased by $2,000,000) is for volunteer fire assistance 

4 under section 10 of the Cooperative Forestry Assistance 

5 Act of 1978 (16 U.S.C. 2106): Provided further, That 

6 amounts in this paragraph may be transferred to the ‘‘Na7 tional Forest System’’, and ‘‘Forest and Rangeland Re8 search’’ accounts to fund forest and rangeland research, 

9 the Joint Fire Science Program, vegetation and watershed 

10 management, heritage site rehabilitation, and wildlife and 

11 fish habitat management and restoration: Provided fur12 ther, That of the funds provided, $65,000,000 shall be 

13 available for the purpose of acquiring aircraft for the next14 generation airtanker fleet to enhance firefighting mobility, 

15 effectiveness, efficiency, and safety, and such aircraft shall 

16 be suitable for contractor operation over the terrain and 

17 forest ecosystems characteristic of National Forest System 

18 lands, as determined by the Chief of the Forest Service: 

19 Provided further, That the costs of implementing any co20 operative agreement between the Federal Government and 

21 any non-Federal entity may be shared, as mutually agreed 

22 on by the affected parties: Provided further, That the 

23 funds provided herein may be used by the Secretary of 

24 Agriculture to enter into procurement contracts or cooper25 ative agreements or to issue grants for hazardous fuels 
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•HR 5538 EH

1 management activities and for training or monitoring as2 sociated with such hazardous fuels management activities 

3 on Federal land or on non-Federal land if the Secretary 

4 determines such activities benefit resources on Federal 

5 land: Provided further, That funds made available to im6 plement the Community Forest Restoration Act, Public 

7 Law 106–393, title VI, shall be available for use on non8 Federal lands in accordance with authorities made avail9 able to the Forest Service under the ‘‘State and Private 

10 Forestry’’ appropriation: Provided further, That the Sec11 retary of the Interior and the Secretary of Agriculture 

12 may authorize the transfer of funds appropriated for 

13 wildland fire management, in an aggregate amount not to 

14 exceed $50,000,000, between the Departments when such 

15 transfers would facilitate and expedite wildland fire man16 agement programs and projects: Provided further, That of 

17 the funds provided for hazardous fuels management, not 

18 to exceed $5,000,000 may be used to make grants, using 

19 any authorities available to the Forest Service under the 

20 ‘‘State and Private Forestry’’ appropriation, for the pur21 pose of creating incentives for increased use of biomass 

22 from National Forest System lands: Provided further, 

23 That funds designated for wildfire suppression, including 

24 funds transferred from the ‘‘FLAME Wildfire Suppres25 sion Reserve Fund’’, shall be assessed for cost pools on 
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1 the same basis as such assessments are calculated against 

2 other agency programs: Provided further, That of the 

3 funds for hazardous fuels management, up to $46,653,000 

4 may be transferred to the ‘‘National Forest System’’ to 

5 support the Integrated Resource Restoration pilot pro6 gram. 

7 FLAME WILDFIRE SUPPRESSION RESERVE FUND

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses for large fire suppression op10 erations of the Department of Agriculture and as a reserve 

11 fund for suppression and Federal emergency response ac12 tivities, $315,000,000, to remain available until expended: 

13 Provided, That such amounts are only available for trans14 fer to the ‘‘Wildland Fire Management’’ account following 

15 a declaration by the Secretary in accordance with section 

16 502 of the FLAME Act of 2009 (43 U.S.C. 1748a). 

17 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

18 (INCLUDING TRANSFERS OF FUNDS)

19 Appropriations to the Forest Service for the current 

20 fiscal year shall be available for: (1) purchase of passenger 

21 motor vehicles; acquisition of passenger motor vehicles 

22 from excess sources, and hire of such vehicles; purchase, 

23 lease, operation, maintenance, and acquisition of aircraft 

24 to maintain the operable fleet for use in Forest Service 

25 wildland fire programs and other Forest Service programs; 
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1 notwithstanding other provisions of law, existing aircraft 

2 being replaced may be sold, with proceeds derived or 

3 trade-in value used to offset the purchase price for the 

4 replacement aircraft; (2) services pursuant to 7 U.S.C. 

5 2225, and not to exceed $100,000 for employment under 

6 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

7 buildings and other public improvements (7 U.S.C. 2250); 

8 (4) acquisition of land, waters, and interests therein pur9 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

10 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

11 558a, 558d, and 558a note); (6) the cost of uniforms as 

12 authorized by 5 U.S.C. 5901–5902; and (7) for debt col13 lection contracts in accordance with 31 U.S.C. 3718(c). 

14 Any appropriations or funds available to the Forest 

15 Service may be transferred to the Wildland Fire Manage16 ment appropriation for forest firefighting, emergency re17 habilitation of burned-over or damaged lands or waters 

18 under its jurisdiction, and fire preparedness due to severe 

19 burning conditions upon the Secretary’s notification of the 

20 House and Senate Committees on Appropriations that all 

21 fire suppression funds appropriated under the headings 

22 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 

23 Suppression Reserve Fund’’ will be obligated within 30 

24 days: Provided, That all funds used pursuant to this para-
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•HR 5538 EH

1 graph must be replenished by a supplemental appropria2 tion which must be requested as promptly as possible. 

3 Funds appropriated to the Forest Service shall be 

4 available for assistance to or through the Agency for Inter5 national Development in connection with forest and range6 land research, technical information, and assistance in for7 eign countries, and shall be available to support forestry 

8 and related natural resource activities outside the United 

9 States and its territories and possessions, including tech10 nical assistance, education and training, and cooperation 

11 with United States, private, and international organiza12 tions. The Forest Service, acting for the International 

13 Program, may sign direct funding agreements with foreign 

14 governments and institutions as well as other domestic 

15 agencies (including the United States Agency for Inter16 national Development, the Department of State, and the 

17 Millennium Challenge Corporation), United States private 

18 sector firms, institutions and organizations to provide 

19 technical assistance and training programs overseas on 

20 forestry and rangeland management. 

21 Funds appropriated to the Forest Service shall be 

22 available for expenditure or transfer to the Department 

23 of the Interior, Bureau of Land Management, for removal, 

24 preparation, and adoption of excess wild horses and burros 

25 from National Forest System lands, and for the perform-
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1 ance of cadastral surveys to designate the boundaries of 

2 such lands. 

3 None of the funds made available to the Forest Serv4 ice in this Act or any other Act with respect to any fiscal 

5 year shall be subject to transfer under the provisions of 

6 section 702(b) of the Department of Agriculture Organic 

7 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

8 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

9 Law 107–171 (7 U.S.C. 8316(b)). 

10 None of the funds available to the Forest Service may 

11 be reprogrammed without the advance approval of the 

12 House and Senate Committees on Appropriations in ac13 cordance with the reprogramming procedures contained in 

14 this Act. 

15 Not more than $82,000,000 of funds available to the 

16 Forest Service shall be transferred to the Working Capital 

17 Fund of the Department of Agriculture and not more than 

18 $14,500,000 of funds available to the Forest Service shall 

19 be transferred to the Department of Agriculture for De20 partment Reimbursable Programs, commonly referred to 

21 as Greenbook charges. Nothing in this paragraph shall 

22 prohibit or limit the use of reimbursable agreements re23 quested by the Forest Service in order to obtain services 

24 from the Department of Agriculture’s National Informa-
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•HR 5538 EH

1 tion Technology Center and the Department of Agri2 culture’s International Technology Service. 

3 Of the funds available to the Forest Service, up to 

4 $5,000,000 shall be available for priority projects within 

5 the scope of the approved budget, which shall be carried 

6 out by the Youth Conservation Corps and shall be carried 

7 out under the authority of the Public Lands Corps Act 

8 of 1993, Public Law 103–82, as amended by Public Lands 

9 Corps Healthy Forests Restoration Act of 2005, Public 

10 Law 109–154. 

11 Of the funds available to the Forest Service, $4,000 

12 is available to the Chief of the Forest Service for official 

13 reception and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public 

15 Law 101–593, of the funds available to the Forest Service, 

16 up to $3,000,000 may be advanced in a lump sum to the 

17 National Forest Foundation to aid conservation partner18 ship projects in support of the Forest Service mission, 

19 without regard to when the Foundation incurs expenses, 

20 for projects on or benefitting National Forest System 

21 lands or related to Forest Service programs: Provided, 

22 That of the Federal funds made available to the Founda23 tion, no more than $300,000 shall be available for admin24 istrative expenses: Provided further, That the Foundation 

25 shall obtain, by the end of the period of Federal financial 
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•HR 5538 EH

1 assistance, private contributions to match on at least one2 for-one basis funds made available by the Forest Service: 

3 Provided further, That the Foundation may transfer Fed4 eral funds to a Federal or a non-Federal recipient for a 

5 project at the same rate that the recipient has obtained 

6 the non-Federal matching funds. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 up to $3,000,000 of the funds available to the Forest 

9 Service may be advanced to the National Fish and Wildlife 

10 Foundation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 
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•HR 5538 EH

1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older Americans Act of 1965 (42 

7 U.S.C. 3056(c)(2)). 

8 Funds available to the Forest Service, not to exceed 

9 $65,000,000, shall be assessed for the purpose of per10 forming fire, administrative and other facilities mainte11 nance and decommissioning. Such assessments shall occur 

12 using a square foot rate charged on the same basis the 

13 agency uses to assess programs for payment of rent, utili14 ties, and other support services. 

15 Notwithstanding any other provision of law, any ap16 propriations or funds available to the Forest Service not 

17 to exceed $500,000 may be used to reimburse the Office 

18 of the General Counsel (OGC), Department of Agri19 culture, for travel and related expenses incurred as a re20 sult of OGC assistance or participation requested by the 

21 Forest Service at meetings, training sessions, management 

22 reviews, land purchase negotiations and similar nonlitiga23 tion-related matters. Future budget justifications for both 

24 the Forest Service and the Department of Agriculture 
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•HR 5538 EH

1 should clearly display the sums previously transferred and 

2 the requested funding transfers. 

3 An eligible individual who is employed in any project 

4 funded under title V of the Older Americans Act of 1965 

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for 

7 purposes of chapter 171 of title 28, United States Code. 

8 Notwithstanding any other provision of this Act, 

9 through the Office of Budget and Program Analysis, the 

10 Forest Service shall report no later than 30 business days 

11 following the close of each fiscal quarter all current and 

12 prior year unobligated balances, by fiscal year, budget line 

13 item and account, to the House and Senate Committees 

14 on Appropriations. 

15 Funds appropriated to the Forest Service shall be 

16 available to categorically exclude from documentation in 

17 an environmental assessment or an environmental impact 

18 statement under the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.) a forest management 

20 activity on National Forest System lands when the pri21 mary purpose of the forest management activity is: (1) 

22 to address an insect or disease infestation; (2) to reduce 

23 hazardous fuel loads; (3) to protect a municipal water 

24 source; (4) to maintain, enhance, or modify critical habitat 

25 to protect it from catastrophic disturbances; (5) to in-
107 

•HR 5538 EH

1 crease water yield; or (6) any combination of these pur2 poses: Provided, That the land on which the forest man3 agement activity is carried out may not exceed 3,000 

4 acres. 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 INDIAN HEALTH SERVICE

8 INDIAN HEALTH SERVICES

9 For expenses necessary to carry out the Act of Au10 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina11 tion and Education Assistance Act, the Indian Health 

12 Care Improvement Act, and titles II and III of the Public 

13 Health Service Act with respect to the Indian Health Serv14 ice, $3,720,690,000, together with payments received dur15 ing the fiscal year pursuant to 42 U.S.C. 238(b) and 

16 238b, for services furnished by the Indian Health Service: 

17 Provided, That funds made available to tribes and tribal 

18 organizations through contracts, grant agreements, or any 

19 other agreements or compacts authorized by the Indian 

20 Self-Determination and Education Assistance Act of 1975 

21 (25 U.S.C. 450), shall be deemed to be obligated at the 

22 time of the grant or contract award and thereafter shall 

23 remain available to the tribe or tribal organization without 

24 fiscal year limitation: Provided further, That 

25 $960,831,000 for Purchased/Referred Care, including 
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•HR 5538 EH

1 $53,000,000 for the Indian Catastrophic Health Emer2 gency Fund, shall remain available until expended: Pro3 vided further, That of the funds provided, up to 

4 $37,000,000 shall remain available until expended for im5 plementation of the loan repayment program under section 

6 108 of the Indian Health Care Improvement Act: Provided 

7 further, That of the funds provided, $2,000,000 shall be 

8 used to supplement funds available for operational costs 

9 at tribal clinics operated under an Indian Self-Determina10 tion and Education Assistance Act compact or contract 

11 where health care is delivered in space acquired through 

12 a full service lease, which is not eligible for maintenance 

13 and improvement and equipment funds from the Indian 

14 Health Service, and $6,000,000 shall be for accreditation 

15 emergencies: Provided further, That the amounts collected 

16 by the Federal Government as authorized by sections 104 

17 and 108 of the Indian Health Care Improvement Act (25 

18 U.S.C. 1613a and 1616a) during the preceding fiscal year 

19 for breach of contracts shall be deposited to the Fund au20 thorized by section 108A of the Act (25 U.S.C. 1616a– 

21 1) and shall remain available until expended and, notwith22 standing section 108A(c) of the Act (25 U.S.C. 1616a– 

23 1(c)), funds shall be available to make new awards under 

24 the loan repayment and scholarship programs under sec25 tions 104 and 108 of the Act (25 U.S.C. 1613a and 
109 

•HR 5538 EH

1 1616a): Provided further, That the amounts made avail2 able within this account for the Substance Abuse and Sui3 cide Prevention Program, for the Domestic Violence Pre4 vention Program, for the Zero Suicide Initiative, for 

5 aftercare pilots at Youth Regional Treatment Centers, to 

6 improve collections from public and private insurance at 

7 Indian Health Service and tribally operated facilities, and 

8 for accreditation emergencies shall be allocated at the dis9 cretion of the Director of the Indian Health Service and 

10 shall remain available until expended: Provided further, 

11 That funds provided in this Act may be used for annual 

12 contracts and grants that fall within 2 fiscal years, pro13 vided the total obligation is recorded in the year the funds 

14 are appropriated: Provided further, That the amounts col15 lected by the Secretary of Health and Human Services 

16 under the authority of title IV of the Indian Health Care 

17 Improvement Act shall remain available until expended for 

18 the purpose of achieving compliance with the applicable 

19 conditions and requirements of titles XVIII and XIX of 

20 the Social Security Act, except for those related to the 

21 planning, design, or construction of new facilities: Pro22 vided further, That funding contained herein for scholar23 ship programs under the Indian Health Care Improvement 

24 Act (25 U.S.C. 1613) shall remain available until ex25 pended: Provided further, That amounts received by tribes 
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•HR 5538 EH

1 and tribal organizations under title IV of the Indian 

2 Health Care Improvement Act shall be reported and ac3 counted for and available to the receiving tribes and tribal 

4 organizations until expended: Provided further, That the 

5 Bureau of Indian Affairs may collect from the Indian 

6 Health Service, tribes and tribal organizations operating 

7 health facilities pursuant to Public Law 93–638, such in8 dividually identifiable health information relating to dis9 abled children as may be necessary for the purpose of car10 rying out its functions under the Individuals with Disabil11 ities Education Act (20 U.S.C. 1400, et seq.): Provided 

12 further, That the Indian Health Care Improvement Fund 

13 may be used, as needed, to carry out activities typically 

14 funded under the Indian Health Facilities account. 

15 CONTRACT SUPPORT COSTS

16 For payments to tribes and tribal organizations for 

17 contract support costs associated with Indian Self-Deter18 mination and Education Assistance Act agreements with 

19 the Indian Health Service for fiscal year 2017, such sums 

20 as may be necessary: Provided, That notwithstanding any 

21 other provision of law, no amounts made available under 

22 this heading shall be available for transfer to another 

23 budget account. 
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•HR 5538 EH

1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement, 

3 and equipment of health and related auxiliary facilities, 

4 including quarters for personnel; preparation of plans, 

5 specifications, and drawings; acquisition of sites, purchase 

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of 

9 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out 

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities 

14 support activities of the Indian Health Service, 

15 $557,946,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law, 

17 funds appropriated for the planning, design, construction, 

18 renovation or expansion of health facilities for the benefit 

19 of an Indian tribe or tribes may be used to purchase land 

20 on which such facilities will be located: Provided further, 

21 That not to exceed $500,000 may be used by the Indian 

22 Health Service to purchase TRANSAM equipment from 

23 the Department of Defense for distribution to the Indian 

24 Health Service and tribal facilities: Provided further, That 

25 none of the funds appropriated to the Indian Health Serv-
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•HR 5538 EH

1 ice may be used for sanitation facilities construction for 

2 new homes funded with grants by the housing programs 

3 of the United States Department of Housing and Urban 

4 Development: Provided further, That not to exceed 

5 $2,700,000 from this account and the ‘‘Indian Health 

6 Services’’ account may be used by the Indian Health Serv7 ice to obtain ambulances for the Indian Health Service 

8 and tribal facilities in conjunction with an existing inter9 agency agreement between the Indian Health Service and 

10 the General Services Administration: Provided further, 

11 That not to exceed $500,000 may be placed in a Demoli12 tion Fund, to remain available until expended, and be used 

13 by the Indian Health Service for the demolition of Federal 

14 buildings. 

15 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

16 Appropriations provided in this Act to the Indian 

17 Health Service shall be available for services as authorized 

18 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

19 equivalent to the maximum rate payable for senior-level 

20 positions under 5 U.S.C. 5376; hire of passenger motor 

21 vehicles and aircraft; purchase of medical equipment; pur22 chase of reprints; purchase, renovation and erection of 

23 modular buildings and renovation of existing facilities; 

24 payments for telephone service in private residences in the 

25 field, when authorized under regulations approved by the 
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•HR 5538 EH

1 Secretary; uniforms or allowances therefor as authorized 

2 by 5 U.S.C. 5901–5902; and for expenses of attendance 

3 at meetings that relate to the functions or activities of the 

4 Indian Health Service: Provided, That in accordance with 

5 the provisions of the Indian Health Care Improvement 

6 Act, non-Indian patients may be extended health care at 

7 all tribally administered or Indian Health Service facili8 ties, subject to charges, and the proceeds along with funds 

9 recovered under the Federal Medical Care Recovery Act 

10 (42 U.S.C. 2651–2653) shall be credited to the account 

11 of the facility providing the service and shall be available 

12 without fiscal year limitation: Provided further, That not13 withstanding any other law or regulation, funds trans14 ferred from the Department of Housing and Urban Devel15 opment to the Indian Health Service shall be administered 

16 under Public Law 86–121, the Indian Sanitation Facilities 

17 Act and Public Law 93–638: Provided further, That funds 

18 appropriated to the Indian Health Service in this Act, ex19 cept those used for administrative and program direction 

20 purposes, shall not be subject to limitations directed at 

21 curtailing Federal travel and transportation: Provided fur22 ther, That none of the funds made available to the Indian 

23 Health Service in this Act shall be used for any assess24 ments or charges by the Department of Health and 

25 Human Services unless identified in the budget justifica-
114 

•HR 5538 EH

1 tion and provided in this Act, or approved by the House 

2 and Senate Committees on Appropriations through the re3 programming process: Provided further, That notwith4 standing any other provision of law, funds previously or 

5 herein made available to a tribe or tribal organization 

6 through a contract, grant, or agreement authorized by 

7 title I or title V of the Indian Self-Determination and 

8 Education Assistance Act of 1975 (25 U.S.C. 450), may 

9 be deobligated and reobligated to a self-determination con10 tract under title I, or a self-governance agreement under 

11 title V of such Act and thereafter shall remain available 

12 to the tribe or tribal organization without fiscal year limi13 tation: Provided further, That none of the funds made 

14 available to the Indian Health Service in this Act shall 

15 be used to implement the final rule published in the Fed16 eral Register on September 16, 1987, by the Department 

17 of Health and Human Services, relating to the eligibility 

18 for the health care services of the Indian Health Service 

19 until the Indian Health Service has submitted a budget 

20 request reflecting the increased costs associated with the 

21 proposed final rule, and such request has been included 

22 in an appropriations Act and enacted into law: Provided 

23 further, That with respect to functions transferred by the 

24 Indian Health Service to tribes or tribal organizations, the 

25 Indian Health Service is authorized to provide goods and 
115 

•HR 5538 EH

1 services to those entities on a reimbursable basis, includ2 ing payments in advance with subsequent adjustment, and 

3 the reimbursements received therefrom, along with the 

4 funds received from those entities pursuant to the Indian 

5 Self-Determination Act, may be credited to the same or 

6 subsequent appropriation account from which the funds 

7 were originally derived, with such amounts to remain 

8 available until expended: Provided further, That reim9 bursements for training, technical assistance, or services 

10 provided by the Indian Health Service will contain total 

11 costs, including direct, administrative, and overhead asso12 ciated with the provision of goods, services, or technical 

13 assistance: Provided further, That the appropriation struc14 ture for the Indian Health Service may not be altered 

15 without advance notification to the House and Senate 

16 Committees on Appropriations. 

17 NATIONAL INSTITUTES OF HEALTH

18 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

19 SCIENCES

20 For necessary expenses for the National Institute of 

21 Environmental Health Sciences in carrying out activities 

22 set forth in section 311(a) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 
116 

•HR 5538 EH

1 Superfund Amendments and Reauthorization Act of 1986, 

2 $77,349,000. 

3 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

4 REGISTRY

5 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

6 HEALTH

7 For necessary expenses for the Agency for Toxic Sub8 stances and Disease Registry (ATSDR) in carrying out 

9 activities set forth in sections 104(i) and 111(c)(4) of the 

10 Comprehensive Environmental Response, Compensation, 

11 and Liability Act of 1980 (CERCLA) and section 3019 

12 of the Solid Waste Disposal Act, $74,691,000, of which 

13 up to $1,000 per eligible employee of the Agency for Toxic 

14 Substances and Disease Registry shall remain available 

15 until expended for Individual Learning Accounts: Pro16 vided, That notwithstanding any other provision of law, 

17 in lieu of performing a health assessment under section 

18 104(i)(6) of CERCLA, the Administrator of ATSDR may 

19 conduct other appropriate health studies, evaluations, or 

20 activities, including, without limitation, biomedical testing, 

21 clinical evaluations, medical monitoring, and referral to 

22 accredited healthcare providers: Provided further, That in 

23 performing any such health assessment or health study, 

24 evaluation, or activity, the Administrator of ATSDR shall 

25 not be bound by the deadlines in section 104(i)(6)(A) of 
117 

•HR 5538 EH

1 CERCLA: Provided further, That none of the funds appro2 priated under this heading shall be available for ATSDR 

3 to issue in excess of 40 toxicological profiles pursuant to 

4 section 104(i) of CERCLA during fiscal year 2017, and 

5 existing profiles may be updated as necessary. 

6 OTHER RELATED AGENCIES 

7 EXECUTIVE OFFICE OF THE PRESIDENT

8 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

9 ENVIRONMENTAL QUALITY

10 For necessary expenses to continue functions as11 signed to the Council on Environmental Quality and Office 

12 of Environmental Quality pursuant to the National Envi13 ronmental Policy Act of 1969, the Environmental Quality 

14 Improvement Act of 1970, and Reorganization Plan No. 

15 1 of 1977, and not to exceed $750 for official reception 

16 and representation expenses, $3,000,000: Provided, That 

17 notwithstanding section 202 of the National Environ18 mental Policy Act of 1970, the Council shall consist of 

19 one member, appointed by the President, by and with the 

20 advice and consent of the Senate, serving as chairman and 

21 exercising all powers, functions, and duties of the Council. 

22 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses in carrying out activities pur25 suant to section 112(r)(6) of the Clean Air Act, including 
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1 hire of passenger vehicles, uniforms or allowances there2 for, as authorized by 5 U.S.C. 5901–5902, and for serv3 ices authorized by 5 U.S.C. 3109 but at rates for individ4 uals not to exceed the per diem equivalent to the maximum 

5 rate payable for senior level positions under 5 U.S.C. 

6 5376, $11,000,000: Provided, That the Chemical Safety 

7 and Hazard Investigation Board (Board) shall have not 

8 more than three career Senior Executive Service positions: 

9 Provided further, That notwithstanding any other provi10 sion of law, the individual appointed to the position of In11 spector General of the Environmental Protection Agency 

12 (EPA) shall, by virtue of such appointment, also hold the 

13 position of Inspector General of the Board: Provided fur14 ther, That notwithstanding any other provision of law, the 

15 Inspector General of the Board shall utilize personnel of 

16 the Office of Inspector General of EPA in performing the 

17 duties of the Inspector General of the Board, and shall 

18 not appoint any individuals to positions within the Board. 

19 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Navajo and 

23 Hopi Indian Relocation as authorized by Public Law 93– 

24 531, $15,431,000, to remain available until expended: 

25 Provided, That funds provided in this or any other appro-
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1 priations Act are to be used to relocate eligible individuals 

2 and groups including evictees from District 6, Hopi-parti3 tioned lands residents, those in significantly substandard 

4 housing, and all others certified as eligible and not in5 cluded in the preceding categories: Provided further, That 

6 none of the funds contained in this or any other Act may 

7 be used by the Office of Navajo and Hopi Indian Reloca8 tion to evict any single Navajo or Navajo family who, as 

9 of November 30, 1985, was physically domiciled on the 

10 lands partitioned to the Hopi Tribe unless a new or re11 placement home is provided for such household: Provided 

12 further, That no relocatee will be provided with more than 

13 one new or replacement home: Provided further, That the 

14 Office shall relocate any certified eligible relocatees who 

15 have selected and received an approved homesite on the 

16 Navajo reservation or selected a replacement residence off 

17 the Navajo reservation or on the land acquired pursuant 

18 to 25 U.S.C. 640d–10: Provided further, That $200,000 

19 shall be transferred to the Office of Inspector General of 

20 the Department of the Interior, to remain available until 

21 expended, for audits and investigations of the Office of 

22 Navajo and Hopi Indian Relocation, consistent with the 

23 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 (reduced by $300,000) (increased 

24 by $300,000), to remain available until September 30, 

25 2018, except as otherwise provided herein; of which not 
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1 to exceed $50,467,000 for the instrumentation program, 

2 collections acquisition, exhibition reinstallation, the Na3 tional Museum of African American History and Culture, 

4 and the repatriation of skeletal remains program shall re5 main available until expended; and including such funds 

6 as may be necessary to support American overseas re7 search centers: Provided, That funds appropriated herein 

8 are available for advance payments to independent con9 tractors performing research services or participating in 

10 official Smithsonian presentations. 

11 FACILITIES CAPITAL

12 For necessary expenses of repair, revitalization, and 

13 alteration of facilities owned or occupied by the Smithso14 nian Institution, by contract or otherwise, as authorized 

15 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

16 and for construction, including necessary personnel, 

17 $150,860,000, to remain available until expended, of 

18 which not to exceed $10,000 shall be for services as au19 thorized by 5 U.S.C. 3109. 

20 NATIONAL GALLERY OF ART

21 SALARIES AND EXPENSES

22 For the upkeep and operations of the National Gal23 lery of Art, the protection and care of the works of art 

24 therein, and administrative expenses incident thereto, as 

25 authorized by the Act of March 24, 1937 (50 Stat. 51), 
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1 as amended by the public resolution of April 13, 1939 

2 (Public Resolution 9, Seventy-sixth Congress), including 

3 services as authorized by 5 U.S.C. 3109; payment in ad4 vance when authorized by the treasurer of the Gallery for 

5 membership in library, museum, and art associations or 

6 societies whose publications or services are available to 

7 members only, or to members at a price lower than to the 

8 general public; purchase, repair, and cleaning of uniforms 

9 for guards, and uniforms, or allowances therefor, for other 

10 employees as authorized by law (5 U.S.C. 5901–5902); 

11 purchase or rental of devices and services for protecting 

12 buildings and contents thereof, and maintenance, alter13 ation, improvement, and repair of buildings, approaches, 

14 and grounds; and purchase of services for restoration and 

15 repair of works of art for the National Gallery of Art by 

16 contracts made, without advertising, with individuals, 

17 firms, or organizations at such rates or prices and under 

18 such terms and conditions as the Gallery may deem prop19 er, $130,801,000, to remain available until September 30, 

20 2018, of which not to exceed $3,620,000 for the special 

21 exhibition program shall remain available until expended. 

22 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

23 For necessary expenses of repair, restoration and 

24 renovation of buildings, grounds and facilities owned or 

25 occupied by the National Gallery of Art, by contract or 
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1 otherwise, for operating lease agreements of no more than 

2 10 years, with no extensions or renewals beyond the 10 

3 years, that address space needs created by the ongoing 

4 renovations in the Master Facilities Plan, as authorized, 

5 $22,564,000, to remain available until expended: Pro6 vided, That contracts awarded for environmental systems, 

7 protection systems, and exterior repair or renovation of 

8 buildings of the National Gallery of Art may be negotiated 

9 with selected contractors and awarded on the basis of con10 tractor qualifications as well as price. 

11 JOHN F. KENNEDY CENTER FOR THE PERFORMING

12 ARTS

13 OPERATIONS AND MAINTENANCE

14 For necessary expenses for the operation, mainte15 nance and security of the John F. Kennedy Center for 

16 the Performing Arts, $22,260,000. 

17 CAPITAL REPAIR AND RESTORATION

18 For necessary expenses for capital repair and restora19 tion of the existing features of the building and site of 

20 the John F. Kennedy Center for the Performing Arts, 

21 $14,140,000, to remain available until expended. 
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $10,500,000, to remain 

8 available until September 30, 2018. 

9 NATIONAL FOUNDATION ON THE ARTS AND THE

10 HUMANITIES

11 NATIONAL ENDOWMENT FOR THE ARTS

12 GRANTS AND ADMINISTRATION

13 For necessary expenses to carry out the National 

14 Foundation on the Arts and the Humanities Act of 1965, 

15 $149,849,000 shall be available to the National Endow16 ment for the Arts for the support of projects and produc17 tions in the arts, including arts education and public out18 reach activities, through assistance to organizations and 

19 individuals pursuant to section 5 of the Act, for program 

20 support, and for administering the functions of the Act, 

21 to remain available until expended. 

22 NATIONAL ENDOWMENT FOR THE HUMANITIES

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National 

25 Foundation on the Arts and the Humanities Act of 1965, 
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1 $149,848,000, to remain available until expended, of 

2 which $139,148,000 shall be available for support of ac3 tivities in the humanities, pursuant to section 7(c) of the 

4 Act and for administering the functions of the Act; and 

5 $10,700,000 shall be available to carry out the matching 

6 grants program pursuant to section 10(a)(2) of the Act, 

7 including $8,500,000 for the purposes of section 7(h): 

8 Provided, That appropriations for carrying out section 

9 10(a)(2) shall be available for obligation only in such 

10 amounts as may be equal to the total amounts of gifts, 

11 bequests, devises of money, and other property accepted 

12 by the chairman or by grantees of the National Endow13 ment for the Humanities under the provisions of sections 

14 11(a)(2)(B) and 11(a)(3)(B) during the current and pre15 ceding fiscal years for which equal amounts have not pre16 viously been appropriated. 

17 ADMINISTRATIVE PROVISIONS

18 None of the funds appropriated to the National 

19 Foundation on the Arts and the Humanities may be used 

20 to process any grant or contract documents which do not 

21 include the text of 18 U.S.C. 1913: Provided, That none 

22 of the funds appropriated to the National Foundation on 

23 the Arts and the Humanities may be used for official re24 ception and representation expenses: Provided further, 

25 That funds from nonappropriated sources may be used as 
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1 necessary for official reception and representation ex2 penses: Provided further, That the Chairperson of the Na3 tional Endowment for the Arts may approve grants of up 

4 to $10,000, if in the aggregate the amount of such grants 

5 does not exceed 5 percent of the sums appropriated for 

6 grantmaking purposes per year: Provided further, That 

7 such small grant actions are taken pursuant to the terms 

8 of an expressed and direct delegation of authority from 

9 the National Council on the Arts to the Chairperson. 

10 COMMISSION OF FINE ARTS

11 SALARIES AND EXPENSES

12 For expenses of the Commission of Fine Arts under 

13 chapter 91 of title 40, United States Code, $2,762,000: 

14 Provided, That the Commission is authorized to charge 

15 fees to cover the full costs of its publications, and such 

16 fees shall be credited to this account as an offsetting col17 lection, to remain available until expended without further 

18 appropriation: Provided further, That the Commission is 

19 authorized to accept gifts, including objects, papers, art20 work, drawings and artifacts, that pertain to the history 

21 and design of the Nation’s Capital or the history and ac22 tivities of the Commission of Fine Arts, for the purpose 

23 of artistic display, study or education: Provided further, 

24 That one-tenth of one percent of the funds provided under 
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1 this heading may be used for official reception and rep2 resentation expenses. 

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law 

5 99–190 (20 U.S.C. 956a), $2,000,000. 

6 ADVISORY COUNCIL ON HISTORIC PRESERVATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Advisory Council on 

9 Historic Preservation (Public Law 89–665), $6,480,000. 

10 NATIONAL CAPITAL PLANNING COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the National Capital Plan13 ning Commission under chapter 87 of title 40, United 

14 States Code, including services as authorized by 5 U.S.C. 

15 3109, $8,099,000: Provided, That one-quarter of 1 per16 cent of the funds provided under this heading may be used 

17 for official reception and representational expenses associ18 ated with hosting international visitors engaged in the 

19 planning and physical development of world capitals. 

20 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

21 HOLOCAUST MEMORIAL MUSEUM

22 For expenses of the Holocaust Memorial Museum, as 

23 authorized by Public Law 106–292 (36 U.S.C. 2301– 

24 2310), $57,000,000, of which $1,215,000 shall remain 

25 available until September 30, 2019, for the Museum’s 
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1 equipment replacement program; and of which $2,500,000 

2 for the Museum’s repair and rehabilitation program and 

3 $1,264,000 for the Museum’s outreach initiatives program 

4 shall remain available until expended. 

5 TITLE IV 

6 GENERAL PROVISIONS 

7 (INCLUDING TRANSFERS OF FUNDS)

8 RESTRICTION ON USE OF FUNDS

9 SEC. 401. No part of any appropriation contained in 

10 this Act shall be available for any activity or the publica11 tion or distribution of literature that in any way tends to 

12 promote public support or opposition to any legislative 

13 proposal on which Congressional action is not complete 

14 other than to communicate to Members of Congress as 

15 described in 18 U.S.C. 1913. 

16 OBLIGATION OF APPROPRIATIONS

17 SEC. 402. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 REPROGRAMMING PROCEDURES, DISCLOSURE OF

21 ADMINISTRATIVE EXPENSES, AND OPERATING PLANS

22 SEC. 403. (a) DEFINITIONS.—For the purposes of 

23 this section: 

24 (1) ‘‘Reprogramming’’ includes: 
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1 (A) The reallocation of funds from one 

2 program, project, or activity, to another within 

3 any appropriation funded in this Act. 

4 (B) For construction, land acquisition, and 

5 forest legacy accounts, the reallocation of funds, 

6 including unobligated balances, from one con7 struction, land acquisition, or forest legacy 

8 project to another such project. 

9 (C) An operating plan or any later modi10 fication thereof submitted under subsection (i) 

11 of this section. 

12 (D) Proposed reorganizations even without 

13 a change in funding, including any change to 

14 the organization table presented in the budget 

15 justification. 

16 (2) ‘‘Program’’, ‘‘project’’, and ‘‘activity’’ con17 stitute the delineation below the appropriation ac18 count level of any agency funded by this Act, as 

19 shown in any table of the report accompanying this 

20 Act. 

21 (3) ‘‘Funds’’ includes funds provided in this Act 

22 or previous appropriations Acts that are available 

23 for obligation in the current fiscal year and any 

24 amounts available for obligation in the current fiscal 

25 year derived from collections, fees or charges. 
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1 (4) ‘‘Assessment’’ is any overhead charge, de2 duction, reserve or holdback, including working cap3 ital fund and cost pool charges, from any program, 

4 project, and activity to support government-wide, de5 partmental, agency, or bureau administrative func6 tions or headquarters, regional, or central operations 

7 or to provide for contingencies. 

8 (b) GENERAL GUIDELINES FOR REPROGRAMMING.— 

9 (1) A reprogramming should be made only 

10 when an unforeseen situation arises, and then only 

11 if postponement of the project or the activity until 

12 the next appropriation year would result in actual 

13 loss or damage. 

14 (2) Any project or activity, which may be de15 ferred through reprogramming, shall not later be ac16 complished by means of further reprogramming, but 

17 instead, funds should again be sought for the de18 ferred project or activity through the regular appro19 priations process. 

20 (3) Except under the most urgent situations, 

21 reprogramming should not be employed to initiate 

22 new programs or increase allocations specifically de23 nied or limited by the Congress, or to decrease allo24 cations specifically increased by the Congress. 
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1 (4) New programs requested in the budget 

2 should not be initiated before enactment of the bill 

3 without notification to, and the approval of, the 

4 Committees on Appropriations of the House of Rep5 resentatives and the Senate (hereinafter ‘‘the Com6 mittees’’). This restriction applies to all such actions 

7 regardless of whether a formal reprogramming of 

8 funds is required to begin the program. 

9 (c) CRITERIA.— 

10 (1) A reprogramming shall be submitted to the 

11 Committees in writing 30 days prior to implementa12 tion if— 

13 (A) it exceeds $1,000,000 individually or 

14 cumulatively or results in a cumulative increase 

15 or decrease of more than 10 percent of funds 

16 annually in any affected program, project, or 

17 activity; 

18 (B) it is a reorganization; or 

19 (C) it is an operating plan or any later 

20 modification thereof as submitted under sub21 section (i) of this section: Provided, That such 

22 plan or modification thereof also meets any of 

23 the other criteria under subsection (c)(1) of this 

24 section. 
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1 (2) No funds shall be available for obligation or 

2 expenditure through a reprogramming until 30 days 

3 after the receipt by the Committees of a notice of 

4 proposed reprogramming. 

5 (3) A reprogramming shall be considered ap6 proved 30 days after receipt if the Committees have 

7 posed no objection. However, agencies will be ex8 pected to extend the approval deadline if specifically 

9 requested by either Committee. 

10 (d) EXCEPTIONS.— 

11 (1) With regard to the tribal priority allocations 

12 of the Bureau of Indian Affairs, there is no restric13 tion on reprogrammings among these programs. 

14 However, the Bureau shall report on all 

15 reprogrammings made during a given fiscal year no 

16 later than 60 days after the end of the fiscal year. 

17 (2) With regard to the Environmental Protec18 tion Agency, State and Tribal Assistance Grants ac19 count, the Committees do not require reprogram20 ming requests associated with States and Tribes 

21 Partnership Grants. 

22 (e) ASSESSMENTS.— 

23 (1) No assessment shall be levied or collected 

24 unless such assessment and the basis therefor are 

25 presented to the Committees in the budget justifica-
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1 tions and are subsequently approved by the Commit2 tees. The explanation for any assessment in the 

3 budget justification shall show the amount of the as4 sessment, the activities assessed, and the purpose of 

5 the funds. 

6 (2) Proposed changes to estimated assessments, 

7 as such estimates were presented in annual budget 

8 justifications, shall be submitted through the re9 programming process set out in this section and 

10 shall be subject to the same dollar and reporting cri11 teria as any other reprogramming. 

12 (3) Each department, agency or bureau that 

13 utilizes assessments shall submit an annual report to 

14 the Committees which provides details on the use of 

15 all funds assessed from any other program, project, 

16 or activity. 

17 (4) In no case shall contingency funds or as18 sessments be used to finance agency actions dis19 approved or limited by the Congress. 

20 (f) LAND ACQUISITIONS, EASEMENTS, AND FOREST

21 LEGACY.—Lands shall not be acquired for more than the 

22 approved appraised value (as addressed in section 301(3) 

23 of Public Law 91–646), unless such acquisitions are sub24 mitted to the Committees for approval in compliance with 

25 these procedures. 
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1 (g) LAND EXCHANGES.—Land exchanges, wherein 

2 the estimated value of the Federal lands to be exchanged 

3 is greater than $1,000,000, shall not be consummated 

4 until the Committees have had a 30-day period in which 

5 to examine the proposed exchange. In addition, the Com6 mittees shall be provided advance notification of exchanges 

7 valued between $500,000 and $1,000,000. 

8 (h) BUDGET STRUCTURE.—The program, project, 

9 and activity structure for any agency appropriation ac10 count shall not be altered without advance approval of the 

11 Committees. 

12 (i) OPERATING PLANS.—Not later than 60 days after 

13 the date of enactment of this Act, each department or 

14 agency funded by this Act shall submit an operating plan 

15 to the Committees to establish the baseline for application 

16 of reprogramming for the current fiscal year. The oper17 ating plan shall include— 

18 (1) a table for each appropriation with a sepa19 rate column to display the President’s budget re20 quest, adjustments made by the Congress, enacted 

21 rescissions, if appropriate, and the fiscal year en22 acted level; 

23 (2) a delineation in the table for each appro24 priation by program, project, and activity for the re25 spective appropriation; and 
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1 (3) an identification of items of special congres2 sional interest. 

3 MINING APPLICATIONS

4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

5 funds appropriated or otherwise made available pursuant 

6 to this Act shall be obligated or expended to accept or 

7 process applications for a patent for any mining or mill 

8 site claim located under the general mining laws. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

10 the Secretary of the Interior determines that, for the claim 

11 concerned: (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all re13 quirements established under sections 2325 and 2326 of 

14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

15 lode claims, sections 2329, 2330, 2331, and 2333 of the 

16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

17 claims, and section 2337 of the Revised Statutes (30 

18 U.S.C. 42) for mill site claims, as the case may be, were 

19 fully complied with by the applicant by that date. 

20 (c) REPORT.—On September 30, 2018, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 

23 Resources of the House and the Committee on Energy and 

24 Natural Resources of the Senate a report on actions taken 

25 by the Department under the plan submitted pursuant to 

26 section 314(c) of the Department of the Interior and Re-
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1 lated Agencies Appropriations Act, 1997 (Public Law 

2 104–208). 

3 (d) MINERAL EXAMINATIONS.—In order to process 

4 patent applications in a timely and responsible manner, 

5 upon the request of a patent applicant, the Secretary of 

6 the Interior shall allow the applicant to fund a qualified 

7 third-party contractor to be selected by the Director of the 

8 Bureau of Land Management to conduct a mineral exam9 ination of the mining claims or mill sites contained in a 

10 patent application as set forth in subsection (b). The Bu11 reau of Land Management shall have the sole responsi12 bility to choose and pay the third-party contractor in ac13 cordance with the standard procedures employed by the 

14 Bureau of Land Management in the retention of third15 party contractors. 

16 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

17 SEC. 405. Sections 405 and 406 of division F of the 

18 Consolidated and Further Continuing Appropriations Act, 

19 2015 (Public Law 113–235) shall continue in effect in fis20 cal year 2017. 

21 CONTRACT SUPPORT COSTS, FISCAL YEAR 2017

22 LIMITATION

23 SEC. 406. Amounts provided by this Act for fiscal 

24 year 2017 under the headings ‘‘Department of Health and 

25 Human Services, Indian Health Service, Contract Support 

26 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 
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1 Affairs and Bureau of Indian Education, Contract Sup2 port Costs’’ are the only amounts available for contract 

3 support costs arising out of self-determination or self-gov4 ernance contracts, grants, compacts, or annual funding 

5 agreements for fiscal year 2017 with the Bureau of Indian 

6 Affairs or the Indian Health Service: Provided, That such 

7 amounts provided by this Act are not available for pay8 ment of claims for contract support costs for prior years, 

9 or for repayments of payments for settlements or judg10 ments awarding contract support costs for prior years. 

11 FOREST MANAGEMENT PLANS

12 SEC. 407. The Secretary of Agriculture shall not be 

13 considered to be in violation of subparagraph 6(f)(5)(A) 

14 of the Forest and Rangeland Renewable Resources Plan15 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

16 more than 15 years have passed without revision of the 

17 plan for a unit of the National Forest System. Nothing 

18 in this section exempts the Secretary from any other re19 quirement of the Forest and Rangeland Renewable Re20 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

21 other law: Provided, That if the Secretary is not acting 

22 expeditiously and in good faith, within the funding avail23 able, to revise a plan for a unit of the National Forest 

24 System, this section shall be void with respect to such plan 

25 and a court of proper jurisdiction may order completion 

26 of the plan on an accelerated basis. 
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1 PROHIBITION WITHIN NATIONAL MONUMENTS

2 SEC. 408. No funds provided in this Act may be ex3 pended to conduct preleasing, leasing and related activities 

4 under either the Mineral Leasing Act (30 U.S.C. 181 et 

5 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

6 1331 et seq.) within the boundaries of a National Monu7 ment established pursuant to the Act of June 8, 1906 (16 

8 U.S.C. 431 et seq.) as such boundary existed on January 

9 20, 2001, except where such activities are allowed under 

10 the Presidential proclamation establishing such monu11 ment. 

12 LIMITATION ON TAKINGS

13 SEC. 409. Unless otherwise provided herein, no funds 

14 appropriated in this Act for the acquisition of lands or 

15 interests in lands may be expended for the filing of dec16 larations of taking or complaints in condemnation without 

17 the approval of the House and Senate Committees on Ap18 propriations: Provided, That this provision shall not apply 

19 to funds appropriated to implement the Everglades Na20 tional Park Protection and Expansion Act of 1989, or to 

21 funds appropriated for Federal assistance to the State of 

22 Florida to acquire lands for Everglades restoration pur23 poses. 

24 TIMBER SALE REQUIREMENTS

25 SEC. 410. No timber sale in Alaska’s Region 10 shall 

26 be advertised if the indicated rate is deficit (defined as 
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1 the value of the timber is not sufficient to cover all logging 

2 and stumpage costs and provide a normal profit and risk 

3 allowance under the Forest Service’s appraisal process) 

4 when appraised using a residual value appraisal. The west5 ern red cedar timber from those sales which is surplus 

6 to the needs of the domestic processors in Alaska, shall 

7 be made available to domestic processors in the contiguous 

8 48 United States at prevailing domestic prices. All addi9 tional western red cedar volume not sold to Alaska or con10 tiguous 48 United States domestic processors may be ex11 ported to foreign markets at the election of the timber sale 

12 holder. All Alaska yellow cedar may be sold at prevailing 

13 export prices at the election of the timber sale holder. 

14 PROHIBITION ON NO-BID CONTRACTS

15 SEC. 411. None of the funds appropriated or other16 wise made available by this Act to executive branch agen17 cies may be used to enter into any Federal contract unless 

18 such contract is entered into in accordance with the re19 quirements of Chapter 33 of title 41, United States Code, 

20 or Chapter 137 of title 10, United States Code, and the 

21 Federal Acquisition Regulation, unless— 

22 (1) Federal law specifically authorizes a con23 tract to be entered into without regard for these re24 quirements, including formula grants for States, or 

25 federally recognized Indian tribes; or 
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1 (2) such contract is authorized by the Indian 

2 Self-Determination and Education Assistance Act 

3 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

4 any other Federal laws that specifically authorize a 

5 contract within an Indian tribe as defined in section 

6 4(e) of that Act (25 U.S.C. 450b(e)); or 

7 (3) such contract was awarded prior to the date 

8 of enactment of this Act. 

9 POSTING OF REPORTS

10 SEC. 412. (a) Any agency receiving funds made avail11 able in this Act, shall, subject to subsections (b) and (c), 

12 post on the public website of that agency any report re13 quired to be submitted by the Congress in this or any 

14 other Act, upon the determination by the head of the agen15 cy that it shall serve the national interest. 

16 (b) Subsection (a) shall not apply to a report if— 

17 (1) the public posting of the report com18 promises national security; or 

19 (2) the report contains proprietary information. 

20 (c) The head of the agency posting such report shall 

21 do so only after such report has been made available to 

22 the requesting Committee or Committees of Congress for 

23 no less than 45 days. 
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1 NATIONAL ENDOWMENT FOR THE ARTS GRANT

2 GUIDELINES

3 SEC. 413. Of the funds provided to the National En4 dowment for the Arts— 

5 (1) The Chairperson shall only award a grant 

6 to an individual if such grant is awarded to such in7 dividual for a literature fellowship, National Herit8 age Fellowship, or American Jazz Masters Fellow9 ship. 

10 (2) The Chairperson shall establish procedures 

11 to ensure that no funding provided through a grant, 

12 except a grant made to a State or local arts agency, 

13 or regional group, may be used to make a grant to 

14 any other organization or individual to conduct ac15 tivity independent of the direct grant recipient. 

16 Nothing in this subsection shall prohibit payments 

17 made in exchange for goods and services. 

18 (3) No grant shall be used for seasonal support 

19 to a group, unless the application is specific to the 

20 contents of the season, including identified programs 

21 or projects. 

22 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

23 PRIORITIES

24 SEC. 414. (a) In providing services or awarding fi25 nancial assistance under the National Foundation on the 

26 Arts and the Humanities Act of 1965 from funds appro-
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1 priated under this Act, the Chairperson of the National 

2 Endowment for the Arts shall ensure that priority is given 

3 to providing services or awarding financial assistance for 

4 projects, productions, workshops, or programs that serve 

5 underserved populations. 

6 (b) In this section: 

7 (1) The term ‘‘underserved population’’ means 

8 a population of individuals, including urban minori9 ties, who have historically been outside the purview 

10 of arts and humanities programs due to factors such 

11 as a high incidence of income below the poverty line 

12 or to geographic isolation. 

13 (2) The term ‘‘poverty line’’ means the poverty 

14 line (as defined by the Office of Management and 

15 Budget, and revised annually in accordance with sec16 tion 673(2) of the Community Services Block Grant 

17 Act (42 U.S.C. 9902(2))) applicable to a family of 

18 the size involved. 

19 (c) In providing services and awarding financial as20 sistance under the National Foundation on the Arts and 

21 Humanities Act of 1965 with funds appropriated by this 

22 Act, the Chairperson of the National Endowment for the 

23 Arts shall ensure that priority is given to providing serv24 ices or awarding financial assistance for projects, produc25 tions, workshops, or programs that will encourage public 
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1 knowledge, education, understanding, and appreciation of 

2 the arts. 

3 (d) With funds appropriated by this Act to carry out 

4 section 5 of the National Foundation on the Arts and Hu5 manities Act of 1965— 

6 (1) the Chairperson shall establish a grant cat7 egory for projects, productions, workshops, or pro8 grams that are of national impact or availability or 

9 are able to tour several States; 

10 (2) the Chairperson shall not make grants ex11 ceeding 15 percent, in the aggregate, of such funds 

12 to any single State, excluding grants made under the 

13 authority of paragraph (1); 

14 (3) the Chairperson shall report to the Con15 gress annually and by State, on grants awarded by 

16 the Chairperson in each grant category under sec17 tion 5 of such Act; and 

18 (4) the Chairperson shall encourage the use of 

19 grants to improve and support community-based 

20 music performance and education. 

21 STATUS OF BALANCES OF APPROPRIATIONS

22 SEC. 415. The Department of the Interior, the Envi23 ronmental Protection Agency, the Forest Service, and the 

24 Indian Health Service shall provide the Committees on 

25 Appropriations of the House of Representatives and Sen-
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1 ate quarterly reports on the status of balances of appro2 priations including all uncommitted, committed, and unob3 ligated funds in each program and activity. 

4 REPORT ON USE OF CLIMATE CHANGE FUNDS

5 SEC. 416. Not later than 120 days after the date on 

6 which the President’s fiscal year 2018 budget request is 

7 submitted to the Congress, the President shall submit a 

8 comprehensive report to the Committees on Appropria9 tions of the House of Representatives and the Senate de10 scribing in detail all Federal agency funding, domestic and 

11 international, for climate change programs, projects, and 

12 activities in fiscal years 2016 and 2017, including an ac13 counting of funding by agency with each agency identi14 fying climate change programs, projects, and activities 

15 and associated costs by line item as presented in the Presi16 dent’s Budget Appendix, and including citations and link17 ages where practicable to each strategic plan that is driv18 ing funding within each climate change program, project, 

19 and activity listed in the report. 

20 PROHIBITION ON USE OF FUNDS

21 SEC. 417. Notwithstanding any other provision of 

22 law, none of the funds made available in this Act or any 

23 other Act may be used to promulgate or implement any 

24 regulation requiring the issuance of permits under title V 

25 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 
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1 dioxide, nitrous oxide, water vapor, or methane emissions 

2 resulting from biological processes associated with live3 stock production. 

4 GREENHOUSE GAS REPORTING RESTRICTIONS

5 SEC. 418. Notwithstanding any other provision of 

6 law, none of the funds made available in this or any other 

7 Act may be used to implement any provision in a rule, 

8 if that provision requires mandatory reporting of green9 house gas emissions from manure management systems. 

10 MODIFICATION OF AUTHORITIES

11 SEC. 419. (a) Section 8162(m)(3) of the Department 

12 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 

13 note; Public Law 106–79) is amended by striking ‘‘Sep14 tember 30, 2016’’ and inserting ‘‘September 30, 2017’’. 

15 (b) For fiscal year 2017, the authority provided by 

16 the provisos under the heading ‘‘Dwight D. Eisenhower 

17 Memorial Commission—Capital Construction’’ in division 

18 E of Public Law 112–74 shall not be in effect. 

19 FUNDING PROHIBITION

20 SEC. 420. None of the funds made available by this 

21 or any other Act may be used to regulate the lead content 

22 of ammunition, ammunition components, or fishing tackle 

23 under the Toxic Substances Control Act (15 U.S.C. 2601 

24 et seq.) or any other law. 
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1 EXTENSION OF GRAZING PERMITS

2 SEC. 421. The terms and conditions of section 325 

3 of Public Law 108–108 (117 Stat. 1307), regarding graz4 ing permits issued by the Forest Service on any lands not 

5 subject to administration under section 402 of the Federal 

6 Lands Policy and Management Act (43 U.S.C. 1752), 

7 shall remain in effect for fiscal year 2017. 

8 RECREATION FEE

9 SEC. 422. Section 810 of the Federal Lands Recre10 ation Enhancement Act (16 U.S.C. 6809) is amended by 

11 striking ‘‘September 30, 2017’’ and inserting ‘‘September 

12 30, 2018’’. 

13 STEWARDSHIP CONTRACTING AMENDMENTS

14 SEC. 423. Section 604(d) of the Healthy Forests Res15 toration Act of 2003 (16 U.S.C. 6591c(d)) is amended— 

16 (1) in paragraph (5), by adding at the end the 

17 following: ‘‘Notwithstanding section 2 of the Act of 

18 July 31, 1947 (commonly known as the Materials 

19 Act of 1947; 30 U.S.C. 602), the Director may enter 

20 into an agreement or contract under subsection 

21 (b).’’; and 

22 (2) in paragraph (7)— 

23 (A) by striking ‘‘and the Director’’; and 

24 (B) by inserting ‘‘entered into by the 

25 Chief’’ after ‘‘contracts and agreements’’. 
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1 FUNDING PROHIBITION

2 SEC. 424. (a) None of the funds made available in 

3 this Act may be used to maintain or establish a computer 

4 network unless such network blocks the viewing, 

5 downloading, and exchanging of pornography. 

6 (b) Nothing in subsection (a) shall limit the use of 

7 funds necessary for any Federal, State, tribal, or local law 

8 enforcement agency or any other entity carrying out crimi9 nal investigations, prosecution, or adjudication activities. 

10 DEFINITION OF FILL MATERIAL

11 SEC. 425. None of the funds made available in this 

12 Act or any other Act may be used by the Environmental 

13 Protection Agency to develop, adopt, implement, admin14 ister, or enforce any change to the regulations in effect 

15 on October 1, 2012, pertaining to the definitions of the 

16 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 

17 purposes of the Federal Water Pollution Control Act (33 

18 U.S.C. 1251 et seq.). 

19 CLARIFICATION OF EXEMPTIONS

20 SEC. 426. Notwithstanding section 404(f)(2) of the 

21 Federal Water Pollution Control Act (33 U.S.C. 

22 1344(f)(2)), none of the funds made available by this Act 

23 may be used to require a permit for the discharge of 

24 dredged or fill material under the Federal Water Pollution 

25 Control Act (33 U.S.C. 1251 et seq.) for the activities 
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1 identified in subparagraphs (A) and (C) of section 

2 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

3 WATERS OF THE UNITED STATES

4 SEC. 427. 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 Octo8 ber 1, 2012, pertaining to the definition of waters under 

9 the jurisdiction of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251, et seq.), including the provisions of 

11 the rules dated November 13, 1986, and August 25, 1993, 

12 relating to said jurisdiction, and the guidance documents 

13 dated January 15, 2003, and December 2, 2008, relating 

14 to said jurisdiction. 

15 HUNTING, FISHING, AND RECREATIONAL SHOOTING ON

16 FEDERAL LAND

17 SEC. 428. (a) LIMITATION ON USE OF FUNDS.— 

18 None of the funds made available by this or any other 

19 Act for any fiscal year may be used to prohibit the use 

20 of or access to Federal land (as such term is defined in 

21 section 3 of the Healthy Forests Restoration Act of 2003 

22 (16 U.S.C. 6502)) for hunting, fishing, or recreational 

23 shooting if such use or access— 

24 (1) was not prohibited on such Federal land as 

25 of January 1, 2013; and 
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1 (2) was conducted in compliance with the re2 source management plan (as defined in section 101 

3 of such Act (16 U.S.C. 6511)) applicable to such 

4 Federal land as of January 1, 2013. 

5 (b) TEMPORARY CLOSURES ALLOWED.—Notwith6 standing subsection (a), the Secretary of the Interior or 

7 the Secretary of Agriculture may temporarily close, for a 

8 period not to exceed 30 days, Federal land managed by 

9 the Secretary to hunting, fishing, or recreational shooting 

10 if the Secretary determines that the temporary closure is 

11 necessary to accommodate a special event or for public 

12 safety reasons. The Secretary may extend a temporary clo13 sure for one additional 90-day period only if the Secretary 

14 determines the extension is necessary because of extraor15 dinary weather conditions or for public safety reasons. 

16 (c) AUTHORITY OF STATES.—Nothing in this section 

17 shall be construed as affecting the authority, jurisdiction, 

18 or responsibility of the several States to manage, control, 

19 or regulate fish and resident wildlife under State law or 

20 regulations. 

21 LEAD TEST KIT

22 SEC. 429. None of the funds made available by this 

23 Act may be used to enforce regulations under sections 

24 745.84 and 745.86 of title 40, Code of Federal Regula25 tions, or any subsequent amendments to such regulations, 
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1 until the Administrator of the Environmental Protection 

2 Agency— 

3 (1) publicizes Environmental Protection Agency 

4 recognition of a commercially available lead test kit 

5 that meets both criteria under section 745.88(c) of 

6 title 40, Code of Federal Regulations; or 

7 (2) solicits public comment on alternatives to 

8 subpart E of part 745 of title 40, Code of Federal 

9 Regulations, following the date of enactment of this 

10 Act. 

11 FINANCIAL ASSURANCE

12 SEC. 430. None of the funds made available by this 

13 Act may be used to develop, propose, finalize, implement, 

14 enforce, or administer any regulation that would establish 

15 new financial responsibility requirements pursuant to sec16 tion 108(b) of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

18 U.S.C. 9608(b)). 

19 GHG NSPS

20 SEC. 431. None of the funds made available by this 

21 Act shall be used to propose, finalize, implement, or en22 force— 

23 (1) any standard of performance under section 

24 111(b) of the Clean Air Act (42 U.S.C. 7411(b)) for 

25 any new fossil fuel-fired electricity utility generating 
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1 unit if the Administrator of the Environmental Pro2 tection Agency’s determination that a technology is 

3 adequately demonstrated includes consideration of 

4 one or more facilities for which assistance is pro5 vided (including any tax credit) under subtitle A of 

6 title IV of the Energy Policy Act of 2005 (42 U.S.C. 

7 15961 et seq.) or section 48A of the Internal Rev8 enue Code of 1986; 

9 (2) any regulation or guidance under section 

10 111(b) of the Clean Air Act (42 U.S.C. 7411(b)) es11 tablishing any standard of performance for emis12 sions of any greenhouse gas from any modified or 

13 reconstructed source that is a fossil fuel-fired elec14 tric utility generating unit; or 

15 (3) any regulation or guidance under section 

16 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) 

17 that applies to the emission of any greenhouse gas 

18 by an existing source that is a fossil fuel-fired elec19 tric utility generating unit. 

20 AVAILABILITY OF VACANT GRAZING ALLOTMENTS

21 SEC. 432. The Secretary of the Interior, with respect 

22 to public lands administered by the Bureau of Land Man23 agement, and the Secretary of Agriculture, with respect 

24 to the National Forest System lands, shall make vacant 

25 grazing allotments available to a holder of a grazing per-
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1 mit or lease issued by either Secretary if the lands covered 

2 by the permit or lease or other grazing lands used by the 

3 holder of the permit or lease are unusable because of 

4 drought or wildfire, as determined by the Secretary con5 cerned. The terms and conditions contained in a permit 

6 or lease made available pursuant to this section shall be 

7 the same as the terms and conditions of the most recent 

8 permit or lease that was applicable to the vacant grazing 

9 allotment made available. Section 102 of the National En10 vironmental Policy Act of 1969 (42 U.S.C. 4332) shall 

11 not apply with respect to any Federal agency action under 

12 this section. 

13 PROTECTION OF WATER RIGHTS

14 SEC. 433. None of the funds made available in this 

15 or any other Act may be used to condition the issuance, 

16 renewal, amendment, or extension of any permit, approval, 

17 license, lease, allotment, easement, right-of-way, or other 

18 land use or occupancy agreement on the transfer of any 

19 water right, including sole and joint ownership, directly 

20 to the United States, or any impairment of title, in whole 

21 or in part, granted or otherwise recognized under State 

22 law, by Federal or State adjudication, decree, or other 

23 judgment, or pursuant to any interstate water compact. 

24 Additionally, none of the funds made available in this or 

25 any other Act may be used to require any water user to 
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1 apply for or acquire a water right in the name of the 

2 United States under State law as a condition of the 

3 issuance, renewal, amendment, or extension of any permit, 

4 approval, license, lease, allotment, easement, right-of-way, 

5 or other land use or occupancy agreement. 

6 LIMITATION ON STATUS CHANGES

7 SEC. 434. None of the funds made available by this 

8 Act shall be used to propose, finalize, implement, or en9 force any regulation or guidance under Section 612 of the 

10 Clean Air Act (42 U.S.C. 7671k) that changes the status 

11 from acceptable to unacceptable for purposes of the Sig12 nificant New Alternatives Policy (SNAP) program of any 

13 hydrofluorocarbon used as a refrigerant or in foam blow14 ing agents, applications or uses. Nothing in this section 

15 shall prevent EPA from approving new materials, applica16 tions or uses as acceptable under the SNAP program. 

17 USE OF AMERICAN IRON AND STEEL

18 SEC. 435. (a)(1) None of the funds made available 

19 by a State water pollution control revolving fund as au20 thorized by section 1452 of the Safe Drinking Water Act 

21 (42 U.S.C. 300j–12) shall be used for a project for the 

22 construction, alteration, maintenance, or repair of a public 

23 water system or treatment works unless all of the iron and 

24 steel products used in the project are produced in the 

25 United States. 
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1 (2) In this section, the term ‘‘iron and steel’’ products 

2 means the following products made primarily of iron or 

3 steel: lined or unlined pipes and fittings, manhole covers 

4 and other municipal castings, hydrants, tanks, flanges, 

5 pipe clamps and restraints, valves, structural steel, rein6 forced precast concrete, and construction materials. 

7 (b) Subsection (a) shall not apply in any case or cat8 egory of cases in which the Administrator of the Environ9 mental Protection Agency (in this section referred to as 

10 the ‘‘Administrator’’) finds that— 

11 (1) applying subsection (a) would be incon12 sistent with the public interest; 

13 (2) iron and steel products are not produced in 

14 the United States in sufficient and reasonably avail15 able quantities and of a satisfactory quality; or 

16 (3) inclusion of iron and steel products pro17 duced in the United States will increase the cost of 

18 the overall project by more than 25 percent. 

19 (c) If the Administrator receives a request for a waiv20 er under this section, the Administrator shall make avail21 able to the public on an informal basis a copy of the re22 quest and information available to the Administrator con23 cerning the request, and shall allow for informal public 

24 input on the request for at least 15 days prior to making 

25 a finding based on the request. The Administrator shall 
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1 make the request and accompanying information available 

2 by electronic means, including on the official public Inter3 net Web site of the Environmental Protection Agency. 

4 (d) This section shall be applied in a manner con5 sistent with United States obligations under international 

6 agreements. 

7 (e) The Administrator may retain up to 0.25 percent 

8 of the funds appropriated in this Act for the Clean and 

9 Drinking Water State Revolving Funds for carrying out 

10 the provisions described in subsection (a)(1) for manage11 ment and oversight of the requirements of this section. 

12 SOCIAL COST OF CARBON

13 SEC. 436. None of the funds made available by this 

14 or any other Act shall be used for the social cost of carbon 

15 (SCC) to be incorporated into any rulemaking or guidance 

16 document until a new Interagency Working Group (IWG) 

17 revises the estimates using the discount rates and the do18 mestic-only limitation on benefits estimates in accordance 

19 with Executive Order No. 12866 and OMB Circular A– 

20 4 as of January 1, 2015: Provided, That such IWG shall 

21 provide to the public all documents, models, and assump22 tions used in developing the SCC and solicit public com23 ment prior to finalizing any revised estimates. 
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1 LIMITATION ON USE OF FUNDS FOR DESIGNATED

2 REPRESENTATIVES

3 SEC. 437. None of the funds made available by this 

4 or any other Act may be used to implement or enforce, 

5 or to require States to implement or enforce, the provi6 sions of 40 CFR 170.311(b)(9) as published in the Fed7 eral Register on November 2, 2015. 

8 OZONE

9 SEC. 438. To implement the national ambient air 

10 quality standards for ozone published in the Federal Reg11 ister on October 26, 2015 (80 Fed. Reg. 65292): 

12 (1) the Governor of each State shall designate 

13 areas of the State as attainment, nonattainment, or 

14 unclassifiable with respect to the standards not later 

15 than October 26, 2024; 

16 (2) the Administrator of the Environmental 

17 Protection Agency shall promulgate final designa18 tions for all areas in all States with respect to the 

19 standards not later than October 26, 2025; 

20 (3) each State shall submit the plan required by 

21 section 110(a)(1) of the Clean Air Act (42 U.S.C. 

22 7410(a)(1)) for the standards not later than October 

23 26, 2026; 

24 (4) the standards shall not apply to the review 

25 and disposition of a preconstruction permit applica26 tion required under part C or D of title I of the 
157 

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1 Clean Air Act (42 U.S.C. 7470 et seq.) if the Ad2 ministrator or the State, local or tribal permitting 

3 authority, as applicable, has determined the applica4 tion to be complete prior to the date of promulgation 

5 of final designations, or has published a public no6 tice of a preliminary determination or draft permit 

7 before the date that is 60 days after the date of pro8 mulgation of final designations; and 

9 (5) the provisions of subsections (1) through 

10 (4) above shall apply notwithstanding the deadlines 

11 set forth in Section 107(d) of the Clean Air Act (42 

12 U.S.C. 7407(d)) and Section 110(a)(1) of the Clean 

13 Air Act (42 U.S.C. 7410(a)(1)). 

14 METHANE EMISSIONS

15 SEC. 439. None of the funds made available by this 

16 Act shall be used to develop, propose, finalize, implement 

17 or enforce— 

18 (1) any rule or guideline to address methane 

19 emissions from sources in the oil and natural gas 

20 sector under Sections 111(b) or (d) of the Clean Air 

21 Act (42 U.S.C. 7411(b), 7411(d)); 

22 (2) any rule changing the term ‘‘adjacent’’ for 

23 purposes of defining ‘‘stationary source’’ and ‘‘major 

24 source’’ as applied to the oil and gas sector under 

25 the Clean Air Act; and 
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1 (3) proposed Draft Control Techniques Guide2 lines for the Oil and Natural Gas Industry released 

3 September 18, 2015 (80 Fed. Reg. 56577). 

4 ROYALTY RATES

5 SEC. 440. None of the funds made available by this 

6 Act may be used to implement any changes to royalty 

7 rates or product valuation regulations under Federal coal, 

8 oil, and gas leasing programs. 

9 PROGRAM REVIEW

10 SEC. 441. (a) TERMINATION.—Secretarial Order 

11 3338, issued by the Secretary of the Interior on January 

12 15, 2016, shall have no force or effect on and after the 

13 earlier of— 

14 (1) September 30, 2017; or 

15 (2) the date of publication of notice under sub16 section (b). 

17 (b) PUBLICATION OF NOTICE.—The Secretary of the 

18 Interior shall promptly publish notice of the completion 

19 of the Programmatic Environmental Impact Statement di20 rected to be prepared under that order. 

21 NATIONAL GALLERY OF ART

22 SEC. 442. Section 6301(2) of title 40, United States 

23 Code, is amended— 

24 (1) in the matter preceding subparagraph (A), 

25 by striking ‘‘The National Gallery of Art’’ and in26 serting ‘‘(A) The National Gallery of Art’’; 
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1 (2) by redesignating subparagraphs (A), (B), 

2 and (C) as clauses (i), (ii), and (iii), respectively; 

3 and 

4 (3) by adding at the end the following new sub5 paragraph: ‘‘(B) All other buildings, service roads, 

6 walks, and other areas within the exterior bound7 aries of any real estate or land or interest in land 

8 (including temporary use) that the National Gallery 

9 of Art acquires and that the Director of the Na10 tional Gallery of Art determines to be necessary for 

11 the adequate protection of individuals or property in 

12 the National Gallery of Art and suitable for adminis13 tration as a part of the National Gallery of Art.’’. 

14 BLM PLANNING 2.0 RULEMAKING ON LAND USE

15 PLANNING PROCEDURES

16 SEC. 443. None of the funds made available by this 

17 Act may be used to promulgate, implement, administer, 

18 or enforce the rule published by the Bureau of Land Man19 agement in the Federal Register on February 25, 2016 

20 (81 Fed. Reg. 9673 et seq.; Fed. Reg. Doc. No. 2016– 

21 03232), to amend subparts 1601 and 1610 of title 43, 

22 Code of Federal Regulations, which establish the proce23 dures used to prepare, revise, or amend land use plans 

24 pursuant to the Federal Land Policy and Management Act 

25 of 1976 (43 U.S.C. 1701 et seq.), until the Secretary of 

26 the Interior provides an additional 90-day period for pub-
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•HR 5538 EH

1 lic comments on the proposed rule and holds at least one 

2 more public meeting on the proposed rule in each of the 

3 eleven contiguous Western States (as defined in section 

4 103(o) of such Act (43 U.S.C. 1702(o))), Texas. and 

5 Oklahoma. 

6 HUMANE TRANSFER OF EXCESS ANIMALS

7 SEC. 444. Notwithstanding any other provision of 

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

9 horses or burros that have been removed from the public 

10 lands to other Federal, State, and local government agen11 cies for use as work animals: Provided, That the Secretary 

12 may make any such transfer immediately upon request of 

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

14 further, That any excess animal transferred under this 

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

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

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

18 local government agency receiving excess wild horses or 

19 burros as authorized in this section shall not destroy the 

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

21 into commercial products, or sell or otherwise transfer the 

22 horses in a way that results in their destruction for proc23 essing into commercial products. 
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1 LIMITATION ON USE OF FUNDS FOR TREATMENT OF

2 LESSER PRAIRIE CHICKEN UNDER ENDANGERED

3 SPECIES ACT OF 1973

4 SEC. 445. None of the funds made available by this 

5 Act shall be used to treat the lesser prairie chicken as an 

6 endangered species or threatened species, or a candidate 

7 for listing as such a species, under the Endangered Spe8 cies Act of 1973 (16 U.S.C. 1531 et seq.). 

9 INDIAN HEALTH GOVERNING BOARD

10 SEC. 446. Not later than six months after the date 

11 of receipt by the Secretary of Health and Human Services 

12 of a written request from the tribe or tribes served by a 

13 hospital operated by the Indian Health Service, the Sec14 retary shall install a governance board exclusively for such 

15 hospital for a trial period of three years: Provided, That 

16 the governance board shall be comprised of Indian Health 

17 Service senior executives, elected tribal officials, and hos18 pital administration experts outside of the Indian Health 

19 Service system: Provided further, that the governance 

20 board shall follow industry-wide best practices: Provided 

21 further, that the governance board shall approve, oversee 

22 the implementation of, and evaluate metrics of quality 

23 care, patient safety and satisfaction, and finance: Provided 

24 further, that the governance board shall work with the In25 dian Health Service on developing standards and proce26 dures for employee recruitment, retention, training, com-
162 

•HR 5538 EH

1 munication, and dismissal to assure consistency with other 

2 high performing federally run health facilities: Provided 

3 further, that the hospital shall have a chief executive offi4 cer hired and accountable to the Director of the Indian 

5 Health Service who shall be a liaison between the Indian 

6 Health Service and the governance board: Provided fur7 ther, that the chief executive officer shall retain authority 

8 for all hospital personnel matters in accordance with exist9 ing law: Provided further, that the chief executive officer 

10 and the governance board shall sign a memorandum of 

11 understanding to share all pertinent hospital information 

12 while protecting individual privacy rights in accordance 

13 with existing law: Provided further, that the Secretary 

14 shall replace the chief executive officer upon receipt of a 

15 written request by the governance board: Provided further, 

16 that the governance board shall meet at the hospital regu17 larly: Provided further, that the governance board shall 

18 regularly communicate to the affected tribe or tribes, to 

19 the Secretary, and to the Congress: Provided further, that 

20 at the end of the trial period, the governance board shall 

21 publish and disseminate a report evaluating the aforemen22 tioned metrics and providing recommendations for any 

23 other tribe or tribes wanting to establish a similar govern24 ance board at any other hospital operated by the Indian 

25 Health Service: Provided further, that if a tribe moves 
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1 from direct service delivery to delivery through contracting 

2 or compacting pursuant to Public Law 93–638, the tribe 

3 involved in the pilot has the opportunity to end the pilot 

4 and the opportunity to collaborate with the Indian Health 

5 Service to reconfigure a governance structure in which 

6 that Indian Health Service may upon request continue its 

7 participation in the governance structure in a contracted 

8 or compacted arrangement. 

9 SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR

10 FLOW REQUIREMENTS

11 SEC. 447. (a) To maximize water supplies for the 

12 Central Valley Project and the State Water Project, in im13 plementing the provisions of the smelt biological opinion 

14 or salmonid biological opinion, or any successor biological 

15 opinions or court orders, pertaining to management of re16 verse flow in the Old and Middle Rivers, the Secretary 

17 of the Interior shall— 

18 (1) consider the relevant provisions of the appli19 cable biological opinions or any successor biological 

20 opinions; 

21 (2) manage export pumping rates to achieve a 

22 reverse OMR flow rate of ¥5,000 cubic feet per sec23 ond unless existing information or that developed by 

24 the Secretary of the Interior under paragraphs (3) 

25 and (4) leads the Secretary to reasonably conclude, 

26 using the best scientific and commercial data avail-
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1 able, that a less negative OMR flow rate is necessary 

2 to avoid a significant negative impact on the long3 term survival of the species covered by the smelt bio4 logical opinion or salmonid biological opinion. If the 

5 best scientific and commercial data available to the 

6 Secretary indicates that a reverse OMR flow rate 

7 more negative than ¥5,000 cubic feet per second 

8 can be established without an imminent negative im9 pact on the long-term survival of the species covered 

10 by the smelt biological opinion or salmonid biological 

11 opinion, the Secretary shall manage export pumping 

12 rates to achieve that more negative OMR flow rate; 

13 (3) document, in writing, any significant facts 

14 about real-time conditions relevant to the determina15 tions of OMR reverse flow rates, including— 

16 (A) whether targeted real-time fish moni17 toring pursuant to this section, including moni18 toring in the vicinity of Station 902, indicates 

19 that a significant negative impact on the long20 term survival of species covered by the smelt bi21 ological opinion or salmonid biological opinion is 

22 imminent; and 

23 (B) whether near-term forecasts with avail24 able models show under prevailing conditions 

25 that OMR flow of ¥5,000 cubic feet per second 
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1 or higher will cause a significant negative im2 pact on the long-term survival of species cov3 ered by the smelt biological opinion or salmonid 

4 biological opinion; 

5 (4) show, in writing, that any determination to 

6 manage OMR reverse flow at rates less negative 

7 than ¥5,000 cubic feet per second is necessary to 

8 avoid a significant negative impact on the long-term 

9 survival of species covered by the smelt biological 

10 opinion or salmonid biological opinion, and provide, 

11 in writing, an explanation of the data examined and 

12 the connection between those data and the choice 

13 made, after considering— 

14 (A) the distribution of Delta smelt 

15 throughout the Delta; 

16 (B) the potential effects of documented, 

17 quantified entrainment on subsequent Delta 

18 smelt abundance; 

19 (C) the water temperature; 

20 (D) other significant factors relevant to 

21 the determination; and 

22 (E) whether any alternative measures 

23 could have a substantially lesser water supply 

24 impact; and 
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1 (5) for any subsequent smelt biological opinion 

2 or salmonid biological opinion, make the showing re3 quired in paragraph (4) for any determination to 

4 manage OMR reverse flow at rates less negative 

5 than the most negative limit in the biological opinion 

6 if the most negative limit in the biological opinion is 

7 more negative than ¥5,000 cubic feet per second. 

8 (b) NO REINITIATION OF CONSULTATION.—In imple9 menting or at the conclusion of actions under subsection 

10 (a), the Secretary of the Interior or the Secretary of Com11 merce shall not reinitiate consultation on those adjusted 

12 operations unless there is a significant negative impact on 

13 the long-term survival of the species covered by the smelt 

14 biological opinion or salmonid biological opinion. Any ac15 tion taken under subsection (a) that does not create a sig16 nificant negative impact on the long-term survival to spe17 cies covered by the smelt biological opinion or salmonid 

18 biological opinion will not alter application of the take per19 mitted by the incidental take statement in the biological 

20 opinion under section 7(o)(2) of the Endangered Species 

21 Act of 1973. 

22 (c) CALCULATION OF REVERSE FLOW IN OMR.— 

23 Within 90 days of the enactment of this title, the Sec24 retary of the Interior is directed, in consultation with the 

25 California Department of Water Resources to revise the 
167 

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1 method used to calculate reverse flow in Old and Middle 

2 Rivers, for implementation of the reasonable and prudent 

3 alternatives in the smelt biological opinion and the 

4 salmonid biological opinion, and any succeeding biological 

5 opinions, for the purpose of increasing Central Valley 

6 Project and State Water Project water supplies. The 

7 method of calculating reverse flow in Old and Middle Riv8 ers shall be reevaluated not less than every five years 

9 thereafter to achieve maximum export pumping rates 

10 within limits established by the smelt biological opinion, 

11 the salmonid biological opinion, and any succeeding bio12 logical opinions. 

13 TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW

14 STORMS OF THE WATER YEAR

15 SEC. 448. (a) IN GENERAL.—Consistent with avoid16 ing an immediate significant negative impact on the long17 term survival upon listed fish species over and above the 

18 range of impacts authorized under the Endangered Spe19 cies Act of 1973 and other environmental protections 

20 under subsection (d), the Secretary of the Interior and the 

21 Secretary of Commerce shall authorize the Central Valley 

22 Project and the California State Water Project, combined, 

23 to operate at levels that result in negative OMR flows at 

24 ¥7,500 cubic feet per second (based on United States Ge25 ological Survey gauges on Old and Middle Rivers) daily 
168 

•HR 5538 EH

1 average as described in subsections (b) and (c) to capture 

2 peak flows during storm events. 

3 (b) DAYS OF TEMPORARY OPERATIONAL FLEXI4 BILITY.—The temporary operational flexibility described 

5 in subsection (a) shall be authorized on days that the Cali6 fornia Department of Water Resources determines the net 

7 Sacramento-San Joaquin River Delta outflow index is at, 

8 or above, 13,000 cubic feet per second. 

9 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

10 AUTHORIZATIONS.—In carrying out this section, the Sec11 retary of the Interior and the Secretary of Commerce may 

12 continue to impose any requirements under the smelt bio13 logical opinion and salmonid biological opinion during any 

14 period of temporary operational flexibility as they deter15 mine are reasonably necessary to avoid additional signifi16 cant negative impacts on the long-term survival of a listed 

17 fish species over and above the range of impacts author18 ized under the Endangered Species Act of 1973, provided 

19 that the requirements imposed do not reduce water sup20 plies available for the Central Valley Project and the Cali21 fornia State Water Project. 

22 (d) OTHER ENVIRONMENTAL PROTECTIONS.— 

23 (1) STATE LAW.—The actions of the Secretary 

24 of the Interior and the Secretary of Commerce under 

25 this section shall be consistent with applicable regu-
169 

•HR 5538 EH

1 latory requirements under State law. The foregoing 

2 does not constitute a waiver of sovereign immunity. 

3 (2) FIRST SEDIMENT FLUSH.—During the first 

4 flush of sediment out of the Sacramento-San Joa5 quin River Delta in each water year, and provided 

6 that such determination is based upon objective evi7 dence, OMR flow may be managed at rates less neg8 ative than ¥5,000 cubic feet per second for a min9 imum duration to avoid movement of adult Delta 

10 smelt (Hypomesus transpacificus) to areas in the 

11 southern Sacramento-San Joaquin River Delta that 

12 would be likely to increase entrainment at Central 

13 Valley Project and California State Water Project 

14 pumping plants. 

15 (3) APPLICABILITY OF OPINION.—This section 

16 shall not affect the application of the salmonid bio17 logical opinion from April 1 to May 31, unless the 

18 Secretary of Commerce finds, based on the best sci19 entific and commercial data available, that some or 

20 all of such applicable requirements may be adjusted 

21 during this time period to provide emergency water 

22 supply relief without resulting in additional adverse 

23 effects over and above the range of impacts author24 ized under the Endangered Species Act of 1973. In 

25 addition to any other actions to benefit water sup-
170 

•HR 5538 EH

1 ply, the Secretary of the Interior and the Secretary 

2 of Commerce shall consider allowing through-Delta 

3 water transfers to occur during this period if they 

4 can be accomplished consistent with section 

5 3405(a)(1)(H) of the Central Valley Project Im6 provement Act. Water transfers solely or exclusively 

7 through the California State Water Project that do 

8 not require any use of Reclamation facilities or ap9 proval by Reclamation are not required to be con10 sistent with section 3405(a)(1)(H) of the Central 

11 Valley Project Improvement Act. 

12 (4) MONITORING.—During operations under 

13 this section, the Commissioner of Reclamation, in 

14 coordination with the United States Fish and Wild15 life Service, National Marine Fisheries Service, and 

16 California Department of Fish and Wildlife, shall 

17 undertake expanded monitoring programs and other 

18 data gathering to improve Central Valley Project 

19 and California State Water Project water supplies, 

20 to ensure incidental take levels are not exceeded, and 

21 to identify potential negative impacts, if any, and ac22 tions necessary to mitigate impacts of the temporary 

23 operational flexibility to species listed under the En24 dangered Species Act of 1973 (16 U.S.C. 1531 et 

25 seq.). 
171 

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1 (e) EFFECT OF HIGH OUTFLOWS.—In recognition of 

2 the high outflow levels from the Sacramento-San Joaquin 

3 River Delta during the days this section is in effect under 

4 subsection (b), the Secretary of the Interior and the Sec5 retary of Commerce shall not count such days toward the 

6 5-day and 14-day running averages of tidally filtered daily 

7 Old and Middle River flow requirements under the smelt 

8 biological opinion and salmonid biological opinion, as long 

9 as the Secretaries avoid significant negative impact on the 

10 long-term survival of listed fish species over and above the 

11 range of impacts authorized under the Endangered Spe12 cies Act of 1973. 

13 (f) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 

14 In articulating the determinations required under this sec15 tion, the Secretary of the Interior and the Secretary of 

16 Commerce shall fully satisfy the requirements herein but 

17 shall not be expected to provide a greater level of sup18 porting detail for the analysis than feasible to provide 

19 within the short timeframe permitted for timely decision 

20 making in response to changing conditions in the Sac21 ramento-San Joaquin River Delta. 

22 (g) OMR FLOWS.—The Secretary of the Interior and 

23 the Secretary of Commerce shall, through the adaptive 

24 management provisions in the salmonid biological opinion, 

25 limit OMR reverse flow to ¥5,000 cubic feet per second 
172 

•HR 5538 EH

1 based on date-certain triggers in the salmonid biological 

2 opinions only if using real-time migration information on 

3 salmonids demonstrates that such action is necessary to 

4 avoid a significant negative impact on the long-term sur5 vival of listed fish species over and above the range of im6 pacts authorized under the Endangered Species Act of 

7 1973. 

8 (h) NO REINITIATION OF CONSULTATION.—In imple9 menting or at the conclusion of actions under this section, 

10 the Secretary of the Interior shall not reinitiate consulta11 tion on those adjusted operations if there is no immediate 

12 significant negative impact on the long-term survival of 

13 listed fish species over and above the range of impacts au14 thorized under the Endangered Species Act of 1973. Any 

15 action taken under this section that does not create an 

16 immediate significant negative impact on the long-term 

17 survival of listed fish species over and above the range of 

18 impacts authorized under the Endangered Species Act of 

19 1973 will not alter application of the take permitted by 

20 the incidental take statement in those biological opinions 

21 under section 7(o)(2) of the Endangered Species Act of 

22 1973. 

23 STATE WATER PROJECT OFFSET AND WATER RIGHTS

24 PROTECTIONS

25 SEC. 449. (a) OFFSET FOR STATE WATER

26 PROJECT.— 
173 

•HR 5538 EH

1 (1) IMPLEMENTATION IMPACTS.—The Sec2 retary of the Interior shall confer with the California 

3 Department of Fish and Wildlife in connection with 

4 the implementation of this section on potential im5 pacts to any consistency determination for oper6 ations of the State Water Project issued pursuant to 

7 California Fish and Game Code section 2080.1. 

8 (2) ADDITIONAL YIELD.—If, as a result of the 

9 application of this section, the California Depart10 ment of Fish and Wildlife— 

11 (A) determines that operations of the State 

12 Water Project are inconsistent with the consist13 ency determinations issued pursuant to Cali14 fornia Fish and Game Code section 2080.1 for 

15 operations of the State Water Project; or 

16 (B) requires take authorization under Cali17 fornia Fish and Game Code section 2081 for 

18 operation of the State Water Project in a man19 ner that directly or indirectly results in reduced 

20 water supply to the State Water Project as 

21 compared with the water supply available under 

22 the smelt biological opinion and the salmonid 

23 biological opinion; and as a result, Central Val24 ley Project yield is greater than it otherwise 

25 would have been, then that additional yield 
174 

•HR 5538 EH

1 shall be made available to the State Water 

2 Project for delivery to State Water Project con3 tractors to offset that reduced water supply. 

4 (3) NOTIFICATION RELATED TO ENVIRON5 MENTAL PROTECTIONS.—The Secretary of the Inte6 rior and Secretary of Commerce shall— 

7 (A) notify the Director of the California 

8 Department of Fish and Wildlife regarding any 

9 changes in the manner in which the smelt bio10 logical opinion or the salmonid biological opin11 ion is implemented; and 

12 (B) confirm that those changes are con13 sistent with the Endangered Species Act of 

14 1973 (16 U.S.C. 1531 et seq.). 

15 (b) AREA OF ORIGIN AND WATER RIGHTS PROTEC16 TIONS.— 

17 (1) IN GENERAL.—The Secretary of the Inte18 rior and the Secretary of Commerce, in carrying out 

19 the mandates of this section, shall take no action 

20 that— 

21 (A) diminishes, impairs, or otherwise af22 fects in any manner any area of origin, water23 shed of origin, county of origin, or any other 

24 water rights protection, including rights to 
175 

•HR 5538 EH

1 water appropriated before December 19, 1914, 

2 provided under State law; 

3 (B) limits, expands or otherwise affects the 

4 application of section 10505, 10505.5, 11128, 

5 11460, 11461, 11462, 11463 or 12200 through 

6 12220 of the California Water Code or any 

7 other provision of State water rights law, with8 out respect to whether such a provision is spe9 cifically referred to in this section; or 

10 (C) diminishes, impairs, or otherwise af11 fects in any manner any water rights or water 

12 rights priorities under applicable law. 

13 (2) SECTION 7 OF THE ENDANGERED SPECIES

14 ACT.—Any action proposed to be undertaken by the 

15 Secretary of the Interior and the Secretary of Com16 merce pursuant to both this section and section 7 of 

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

18 1531 et seq.) shall be undertaken in a manner that 

19 does not alter water rights or water rights priorities 

20 established by California law or it shall not be un21 dertaken at all. Nothing in this subsection affects 

22 the obligations of the Secretary of the Interior and 

23 the Secretary of Commerce under section 7 of the 

24 Endangered Species Act of 1973. 

25 (3) EFFECT OF ACT.— 
176 

•HR 5538 EH

1 (A) Nothing in this section affects or modi2 fies any obligation of the Secretary of the Inte3 rior under section 8 of the Act of June 17, 

4 1902 (32 Stat. 390, chapter 1093). 

5 (B) Nothing in this section diminishes, im6 pairs, or otherwise affects in any manner any 

7 Project purposes or priorities for the allocation, 

8 delivery or use of water under applicable law, 

9 including the Project purposes and priorities es10 tablished under section 3402 and section 3406 

11 of the Central Valley Project Improvement Act 

12 (Public Law 102–575; 106 Stat. 4706). 

13 (c) NO REDIRECTED ADVERSE IMPACTS.— 

14 (1) IN GENERAL.—The Secretary of the Inte15 rior and Secretary of Commerce shall not carry out 

16 any specific action authorized under this section that 

17 will directly or through State agency action indi18 rectly result in the involuntary reduction of water 

19 supply to an individual, district, or agency that has 

20 in effect a contract for water with the State Water 

21 Project or the Central Valley Project, including Set22 tlement and Exchange contracts, refuge contracts, 

23 and Friant Division contracts, as compared to the 

24 water supply that would be provided in the absence 

25 of action under this section, and nothing in this sec-
177 

•HR 5538 EH

1 tion is intended to modify, amend or affect any of 

2 the rights and obligations of the parties to such con3 tracts. 

4 (2) ACTION ON DETERMINATION.—If, after ex5 ploring all options, the Secretary of the Interior or 

6 the Secretary of Commerce makes a final determina7 tion that a proposed action under this section cannot 

8 be carried out in accordance with paragraph (1), 

9 that Secretary— 

10 (A) shall document that determination in 

11 writing for that action, including a statement of 

12 the facts relied on, and an explanation of the 

13 basis, for the decision; 

14 (B) may exercise the Secretary’s existing 

15 authority, including authority to undertake the 

16 drought-related actions otherwise addressed in 

17 this title, or to otherwise comply with other ap18 plicable law, including the Endangered Species 

19 Act of 1973 (16 U.S.C. 1531 et seq.); and 

20 (C) shall comply with subsection (a). 

21 (d) ALLOCATIONS FOR SACRAMENTO VALLEY WATER

22 SERVICE CONTRACTORS.— 

23 (1) DEFINITIONS.—In this subsection: 

24 (A) EXISTING CENTRAL VALLEY PROJECT

25 AGRICULTURAL WATER SERVICE CONTRACTOR
178 

•HR 5538 EH

1 WITHIN THE SACRAMENTO RIVER WATER2 SHED.—The term ‘‘existing Central Valley 

3 Project agricultural water service contractor 

4 within the Sacramento River Watershed’’ 

5 means any water service contractor within the 

6 Shasta, Trinity, or Sacramento River division of 

7 the Central Valley Project that has in effect a 

8 water service contract on the date of enactment 

9 of this section that provides water for irriga10 tion. 

11 (B) YEAR TERMS.—The terms ‘‘Above 

12 Normal’’, ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, 

13 with respect to a year, have the meanings given 

14 those terms in the Sacramento Valley Water 

15 Year Type (40–30–30) Index. 

16 (2) ALLOCATIONS OF WATER.— 

17 (A) ALLOCATIONS.—Subject to subsection 

18 (c), the Secretary of the Interior shall make 

19 every reasonable effort in the operation of the 

20 Central Valley Project to allocate water pro21 vided for irrigation purposes to each existing 

22 Central Valley Project agricultural water service 

23 contractor within the Sacramento River Water24 shed in accordance with the following: 
179 

•HR 5538 EH

1 (i) Not less than 100 percent of the 

2 contract quantity of the existing Central 

3 Valley Project agricultural water service 

4 contractor within the Sacramento River 

5 Watershed in a ‘‘Wet’’ year. 

6 (ii) 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 an ‘‘Above Normal’’ year. 

11 (iii) 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 a ‘‘Below Normal’’ year that 

16 is preceded by an ‘‘Above Normal’’ or 

17 ‘‘Wet’’ year. 

18 (iv) Not less than 50 percent of the 

19 contract quantity of the existing Central 

20 Valley Project agricultural water service 

21 contractor within the Sacramento River 

22 Watershed in a ‘‘Dry’’ year that is pre23 ceded by a ‘‘Below Normal’’, ‘‘Above Nor24 mal’’, or ‘‘Wet’’ year. 
180 

•HR 5538 EH

1 (v) Subject to clause (ii), in any other 

2 year not identified in any of clauses (i) 

3 through (iv), not less than twice the alloca4 tion percentage to south-of-Delta Central 

5 Valley Project agricultural water service 

6 contractors, up to 100 percent. 

7 (B) EFFECT OF CLAUSE.—Nothing in 

8 clause (A)(v) precludes an allocation to an ex9 isting Central Valley Project agricultural water 

10 service contractor within the Sacramento River 

11 Watershed that is greater than twice the alloca12 tion percentage to a south-of-Delta Central Val13 ley Project agricultural water service con14 tractor. 

15 (3) PROTECTION OF ENVIRONMENT, MUNICIPAL

16 AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC17 TORS.— 

18 (A) ENVIRONMENT.—Nothing in para19 graph (2) shall adversely affect— 

20 (i) the cold water pool behind Shasta 

21 Dam; 

22 (ii) the obligation of the Secretary of 

23 the Interior to make water available to 

24 managed wetlands pursuant to section 

25 3406(d) of the Central Valley Project Im-
181 

•HR 5538 EH

1 provement Act (Public Law 102–575; 106 

2 Stat. 4722); or 

3 (iii) any obligation— 

4 (I) of the Secretary of the Inte5 rior and the Secretary of Commerce 

6 under the smelt biological opinion, the 

7 salmonid biological opinion, or any 

8 other applicable biological opinion; or 

9 (II) under the Endangered Spe10 cies Act of 1973 (16 U.S.C. 1531 et 

11 seq.) or any other applicable law (in12 cluding regulations). 

13 (B) MUNICIPAL AND INDUSTRIAL SUP14 PLIES.—Nothing in paragraph (2)— 

15 (i) modifies any provision of a water 

16 Service contract that addresses municipal 

17 or industrial water shortage policies of the 

18 Secretary of the Interior and the Secretary 

19 of Commerce; 

20 (ii) affects or limits the authority of 

21 the Secretary of the Interior and the Sec22 retary of Commerce to adopt or modify 

23 municipal and industrial water shortage 

24 policies; 
182 

•HR 5538 EH

1 (iii) affects or limits the authority of 

2 the Secretary of the Interior and the Sec3 retary of Commerce to implement a munic4 ipal or industrial water shortage policy; 

5 (iv) constrains, governs, or affects, di6 rectly or indirectly, the operations of the 

7 American River division of the Central Val8 ley Project or any deliveries from that divi9 sion or a unit or facility of that division; 

10 or 

11 (v) affects any allocation to a Central 

12 Valley Project municipal or industrial 

13 water service contractor by increasing or 

14 decreasing allocations to the contractor, as 

15 compared to the allocation the contractor 

16 would have received absent paragraph (2). 

17 (C) OTHER CONTRACTORS.—Nothing in 

18 subsection (b)— 

19 (i) affects the priority of any indi20 vidual or entity with Sacramento River 

21 water rights, including an individual or en22 tity with a Sacramento River settlement 

23 contract, that has priority to the diversion 

24 and use of Sacramento River water over 
183 

•HR 5538 EH

1 water rights held by the United States for 

2 operations of the Central Valley Project; 

3 (ii) affects the obligation of the 

4 United States to make a substitute supply 

5 of water available to the San Joaquin 

6 River exchange contractors; 

7 (iii) affects the allocation of water to 

8 Friant division contractors of the Central 

9 Valley Project; 

10 (iv) results in the involuntary reduc11 tion in contract water allocations to indi12 viduals or entities with contracts to receive 

13 water from the Friant division; or 

14 (v) authorizes any actions inconsistent 

15 with State water rights law. 

16 SEC. 450. None of the funds in this Act shall be avail17 able to implement the Stipulation of Settlement (Natural 

18 Resources Defense Council, et al. v. Kirk Rodgers, et al., 

19 Eastern District of California, No. Civ. 9 S–88–1658 

20 LKK/GGH) or subtitle A of title X of Public Law 111– 

21 11. 

22 SEC. 451. None of the funds in this Act shall be avail23 able for the purchase of water in the State of California 

24 to supplement instream flow within a river basin that has 

25 suffered a drought within the last 2 years. 
184 

•HR 5538 EH

1 SEC. 452. The Commissioner of Reclamation is di2 rected to work with local water and irrigation districts in 

3 the Stanislaus River Basin to ascertain the water storage 

4 made available by the Draft Plan of Operations in New 

5 Melones Reservoir (DRPO) for water conservation pro6 grams, conjunctive use projects, water transfers, resched7 uled project water and other projects to maximize water 

8 storage and ensure the beneficial use of the water re9 sources in the Stanislaus River Basin. All such programs 

10 and projects shall be implemented according to all applica11 ble laws and regulations. The source of water for any such 

12 storage program at New Melones Reservoir shall be made 

13 available under a valid water right, consistent with the 

14 State water transfer guidelines and any other applicable 

15 State water law. The Commissioner shall inform the Con16 gress within 18 months setting forth the amount of stor17 age made available by the DRPO that has been put to 

18 use under this program, including proposals received by 

19 the Commissioner from interested parties for the purpose 

20 of this section. 

21 SEC. 453. None of the funds made available by this 

22 Act may be used to make a Presidential declaration by 

23 public proclamation of a national monument under chap24 ter 3203 of title 54, United States Code in the counties 

25 of Coconino, Maricopa, Mohave and Yavapai in the State 
185 

•HR 5538 EH

1 of Arizona, in the counties of Modoc and Siskiyou in the 

2 State of California, in the counties of Chaffee, Conejos, 

3 Dolores, Moffat, Montezuma, and Park in the State of 

4 Colorado, in the counties of Carson City, Churchill, Clark, 

5 Douglas, Elko, Eureka, Humboldt, Lander, Lincoln, 

6 Lyon, Nye, Pershing, Storey and Washoe in the State of 

7 Nevada, in the county of Otero in the State of New Mex8 ico, in the counties of Jackson, Josephine and, Malheur 

9 in the State of Oregon, in the counties of Beaver, Carbon, 

10 Duchesne, Emery, Garfield, Iron, Juab, Kane, Millard, 

11 Piute, San Juan, Sanpete, Sevier, Tooele, Uintah, Wash12 ington, and Wayne in the State of Utah, or in the county 

13 of Penobscot in the State of Maine. 

14 SPENDING REDUCTION ACCOUNT

15 SEC. 454. The amount by which the applicable alloca16 tion of new budget authority made by the Committee on 

17 Appropriations of the House of Representatives under sec18 tion 302(b) of the Congressional Budget Act of 1974 ex19 ceeds the amount of proposed new budget authority is $0. 

20 SEC. 455. None of the funds made available by this 

21 Act may be used by the Environmental Protection Agency 

22 to finalize, implement, administer, or enforce section 

23 1037.601(a)(1) of title 40, Code of Federal Regulations, 

24 as proposed to be revised under the proposed rule entitled 

25 ‘‘Greenhouse Gas Emissions and Fuel Efficiency Stand26 ards for Medium- and Heavy-Duty Engines and Vehicles- 
186 

•HR 5538 EH

1 Phase 2’’ published by the Environmental Protection 

2 Agency in the Federal Register on July 13, 2015 (80 Fed. 

3 Reg. 40138 et seq.), or any rule of the same substance, 

4 with respect to glider kits and glider vehicles (as defined 

5 in section 1037.801 of title 40, Code of Federal Regula6 tions, as proposed to be revised under such proposed rule). 

7 SEC. 456. None of the funds made available by this 

8 Act may be used by the Secretary of the Interior to imple9 ment, administer, or enforce any rule or guidance of the 

10 same substance as the proposed rule regarding Risk Man11 agement, Financial Assurance and Loss Prevention for 

12 which advanced notice of proposed rulemaking was pub13 lished by the Bureau of Ocean Energy Management on 

14 August 19, 2014 (79 Fed. Reg. 49027) or the National 

15 Notice to Lessees and Operators of Federal Oil and Gas 

16 and Sulphur Leases, Outer Continental Shelf (OCS) 

17 issued by such Bureau (NTL No. 2016–N03). 

18 SEC. 457. None of the funds made available under 

19 this Act may be used to enter into a cooperative agree20 ments with or make any grant or loan to an entity to es21 tablish in any of Baca, Bent, Crowley, Huerfano, Kiowa, 

22 Las Animas, Otero, Prowers, and Pueblo counties, Colo23 rado, a national heritage area, national heritage corridor, 

24 national heritage canal way, national heritage tour route, 

25 national historic district, or cultural heritage corridor. 
187 

•HR 5538 EH

1 SEC. 458. None of the funds made available by this 

2 Act may be used by the Administrator of the Environ3 mental Protection Agency to hire or pay the salary of any 

4 officer or employee of the Environmental Protection Agen5 cy under subsection (f) or (g) of section 207 of the Public 

6 Health Service Act (42 U.S.C. 209) who is not already 

7 receiving pay under either such subsection on the date of 

8 enactment of this Act. 

9 SEC. 459. None of the funds made available by this 

10 Act may be used to propose or develop legislation to redi11 rect funds allocated under section 105(a)(2)(A) of the 

12 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

13 1331 note). 

14 SEC. 460. None of the funds made available by this 

15 Act may be used to develop, propose, finalize, implement 

16 or enforce the rule entitled ‘‘Management of Non-Federal 

17 Oil and Gas Rights’’ and published by the United States 

18 Fish and Wildlife Service on December 11, 2015 (80 Fed. 

19 Reg. 77200), or any rule of the same substance. 

20 SEC. 461. None of the funds made available by this 

21 Act may be used by the Administrator of the Environ22 mental Protection Agency to enforce the requirements of 

23 part 112 of title 40, Code of Federal Regulations, with 

24 respect to any farm (as that term is defined in section 

25 112.2 of such title). 
188 

•HR 5538 EH

1 SEC. 462. None of the funds made available by this 

2 Act may be used in contravention of section 1913 of title 

3 18, United States Code. 

4 SEC. 463. (a) None of the funds made available by 

5 this Act under the heading ‘‘Environmental Programs and 

6 Management’’ may be used for the Office of Congressional 

7 and Intergovernmental Relations of the Environmental 

8 Protection Agency. 

9 (b) The amount otherwise provided by this Act for 

10 ‘‘Environmental Programs and Management’’ is hereby 

11 reduced by $4,235,000. 

12 SEC. 464. None of the funds made available by this 

13 Act may be used to implement, administer, or enforce the 

14 draft technical report entitled ‘‘Protecting Aquatic Life 

15 from Effects of Hydrologic Alteration’’ published by the 

16 Environmental Protection Agency and the United States 

17 Geological Survey on March 1, 2016 (81 Fed. Reg. 

18 10620). 

19 SEC. 465. None of the funds made available by this 

20 Act may be used by the Environmental Protection Agency 

21 to develop, finalize, promulgate, implement, administer, or 

22 enforce any rule under section 112 of the Clean Air Act 

23 (42 U.S.C. 7412) that applies to glass manufacturers that 

24 do not use continuous furnaces. 
189 

•HR 5538 EH

1 SEC. 466. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce the 

3 final rule entitled ‘‘Hydraulic Fracturing on Federal and 

4 Indian Lands’’ as published in the Federal Register on 

5 March 26, 2015 and March 30, 2015 (80 Fed. Reg. 16127 

6 and 16577, respectively). 

7 SEC. 467. None of the funds made available by this 

8 Act may be used to finalize, implement, administer, or en9 force the proposed rule entitled ‘‘Greenhouse Gas Emis10 sions and Fuel Efficiency Standards for Medium- and 

11 Heavy-Duty Engines and Vehicles-Phase 2’’ published by 

12 the Environmental Protection Agency in the Federal Reg13 ister on July 13, 2015 (80 Fed. Reg. 40138 et seq.), with 

14 respect to trailers. 

15 SEC. 468. None of the funds made available by this 

16 Act may be used to finalize, implement, administer, or en17 force the proposed rule entitled ‘‘Health and Environ18 mental Protection Standards for Uranium and Thorium 

19 Mill Tailings’’ published by the Environmental Protection 

20 Agency in the Federal Register on January 26, 2015 (80 

21 Fed. Reg. 4156 et seq.), or any rule of the same sub22 stance. 

23 SEC. 469. None of the funds in this Act may be used 

24 to enforce permit requirements pursuant to part 14 of title 
190 

•HR 5538 EH

1 50, Code of Federal Regulations, with respect to the ex2 port of squid, octopus, and cuttlefish products. 

3 SEC. 470. None of the funds made available by this 

4 Act may be used by the Administrator of the Environ5 mental Protection Agency to issue any regulation under 

6 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

7 that applies to an animal feeding operation, including a 

8 concentrated animal feeding operation and a large con9 centrated animal feeding operation, as such terms are de10 fined in section 122.23 of title 40, Code of Federal Regu11 lations. 

12 SEC. 471. For ‘‘United States Fish and Wildlife Serv13 ice–Resource Management’’ to reinstate the wolf-livestock 

14 loss demonstration program as authorized by Public Law 

15 111–11, there is hereby appropriated, and the amount 

16 otherwise provided by this Act for ‘‘Environmental Protec17 tion Agency–Environmental Programs and Management’’ 

18 is hereby reduced by, $1,000,000. 

19 SEC. 472. None of the funds made available by this 

20 Act may used by the Secretary of the Interior to imple21 ment, administer, or enforce any rule of the same sub22 stance as the proposed rule entitled ‘‘Oil and Gas and Sul23 phur Operations in the Outer Continental Shelf-Blowout 

24 Preventer Systems and Well Control’’ and published April 

25 17, 2015 (80 Fed. Reg. 21504), the final rule issued by 
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1 the Bureau of Safety and Environmental Enforcement 

2 with that title (Docket ID: BSEE–2015–0002; 

3 15XE1700DX EEEE500000 EX1SF0000.DAQ000), or 

4 any rule of the same substance as such proposed or final 

5 rule. 

6 LIMITATION ON USE OF FUNDS FOR EXECUTIVE ORDER

7 RELATING TO STEWARDSHIP OF OCEANS, COASTS, 

8 AND THE GREAT LAKES

9 SEC. 473. None of the funds made available by this 

10 Act may be used to implement, administer, or enforce Ex11 ecutive Order No. 13547 (75 Fed. Reg. 43023, relating 

12 to the stewardship of oceans, coasts, and the Great 

13 Lakes), including the National Ocean Policy developed 

14 under such Executive order. 

15 SEC. 474. None of the funds made available by this 

16 Act may be used by the Environmental Protection Agency 

17 to take any of the actions described as a ‘‘backstop’’ in 

18 the December 29, 2009, letter from EPA’s Regional Ad19 ministrator to the States in the Watershed and the Dis20 trict of Columbia in response to the development or imple21 mentation of a State’s watershed implementation and re22 ferred to in enclosure B of such letter. 

23 SEC. 475. None of the funds made available by this 

24 Act may be used to implement or enforce the threatened 

25 species or endangered species listing of any plant or wild26 life that has not undergone a review as required by section 
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1 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 

2 1533(c)(2) et seq.). 

3 SEC. 476. None of the funds made available by this 

4 Act may be used to implement or enforce the threatened 

5 species listing of the Preble’s meadow jumping mouse 

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

7 1531 et seq.). 

8 SEC. 477. None of the funds made available by this 

9 Act may be used by the Secretary of the Interior to treat 

10 any gray wolf in any of the 48 contiguous States or the 

11 District of Columbia as an endangered species or threat12 ened species under the Endangered Species Act of 1973 

13 (16 U.S.C. 1531 et seq.) after June 13, 2017. 

14 SEC. 478. None of the funds made available by this 

15 Act may be used to treat the New Mexico Meadow Jump16 ing Mouse as an endangered species under the Endan17 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

18 SEC. 479. None of the funds made available by this 

19 Act shall be used to give formal notification under, or pre20 pare, propose, implement, administer, or enforce any rule 

21 or recommendation pursuant to, section 115 of the Clean 

22 Air Act (42 U.S.C. 7415). 

23 SEC. 480. None of the funds made available by this 

24 Act may be used to finalize, implement, administer, or en25 force the proposed rule entitled ‘‘Accidental Release Pre-
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1 vention Requirements: Risk Management Programs Under 

2 the Clean Air Act’’ published by the Environmental Pro3 tection Agency in the Federal Register on March 14, 2016 

4 (81 Fed. Reg. 13638 et seq.). 

5 SEC. 481. None of the funds made available by this 

6 Act may be used to carry out any rule issued after the 

7 date of the enactment of this Act that is a major rule 

8 described in subparagraph (A) of section 804(2) of title 

9 5, United States Code. 

10 SEC. 482. None of the funds made available by this 

11 Act may be used by the Environmental Protection Agency 

12 to make grants pursuant to section 6 of the National En13 vironmental Education Act (20 U.S.C. 5505). 

14 SEC. 483. None of the funds made available by this 

15 Act may be used to destroy any buildings or structures 

16 on Midway Island. 

17 SEC. 484. None of the funds made available by this 

18 Act may be used by the Department of the Interior for 

19 the purpose of destroying any records regarding, related 

20 to, or generated by the Inorganic Section of the United 

21 States Geological Survey Energy Geochemistry Labora22 tory in Lakewood, Colorado. 

23 SEC. 485. None of the funds made available by this 

24 Act may be used to consult with the National Science 

25 Foundation with respect to section 106 of the National 
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1 Historic Preservation Act of 1966 or section 7 of the En2 dangered Species Act of 1973 with respect to any Environ3 mental Impact Statement prepared pursuant to the ‘‘No4 tice of Intent to Prepare an Environmental Impact State5 ment and Initiate Section 106 Consultation for Proposed 

6 Changes to Arecibo Observatory Operations, Arecibo, 

7 Puerto Rico and Notice of Public Scoping Meetings and 

8 Comment Period’’, published in the Federal Register May 

9 23, 2016. 

10 SEC. 486. None of the funds made available by this 

11 Act may be used enforce the decision in Civil Action No. 

12 14–1807 (JDB), United States District Court for the Dis13 trict of Columbia, issued March 29, 2016. 

14 SEC. 487. None of the funds made available by this 

15 Act may be used to finalize, implement, or enforce the pro16 posed rule entitled ‘‘Oil and Gas and Sulphur Operations 

17 on the Outer Continental Shelf–Requirements for Explor18 atory Drilling on the Arctic Outer Continental Shelf’’ as 

19 published February 24, 2015 (80 Fed. Reg. 9916). 

20 SEC. 488. None of the funds made available by this 

21 Act may be used by the Director of the United States Fish 

22 and Wildlife Service— 

23 (1) to issue a final rule for the proposed regula24 tions listed under docket number FWS–R7–NWRS– 

25 2014–0005; or 
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1 (2) to implement the final rule entitled ‘‘Alaska; 

2 Hunting and Trapping in National Preserves’’ and 

3 dated (80 Fed. Reg. 64325 (October 23, 2015)). 

4 SEC. 489. None of the funds made available by this 

5 Act may be used by the Department of the Interior to 

6 require changes to an existing placer mining plan of oper7 ations with regard to reclamation activities, including re8 vegetation, or to modify the bond requirements for the 

9 mining operation. 

10 SEC. 490. None of the funds made available by this 

11 Act may be used by the Department of the Interior, the 

12 Environmental Protection Agency, or any other Federal 

13 agency to lease or purchase new light duty vehicles for 

14 any executive fleet, or for an agency’s fleet inventory, ex15 cept in accordance with Presidential Memorandum—Fed16 eral Fleet Performance, dated May 24, 2011. 

17 SEC. 491. None of the funds made available by this 

18 Act for the ‘‘DEPARTMENT OF INTERIOR—NA19 TIONAL PARK SERVICE—NATIONAL RECREATION AND

20 PRESERVATION’’ may be used in contravention of section 

21 320101 of title 54, United States Code. 

22 SEC. 492. None of the funds made available in this 

23 Act may be used may be used to eliminate the Urban 

24 Wildlife Refuge Partnership. 
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1 LIMITATION ON USE OF FUNDS

2 SEC. 493. None of the funds made available in this 

3 Act may be used to limit outreach programs administered 

4 by the Smithsonian Institution. 

5 SEC. 494. None of the funds made available by this 

6 Act may be used to treat the Mexican wolf (Canis lupus 

7 baileyi) as an endangered species or threatened species 

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

9 1531 et seq.) or to implement a recovery plan for such 

10 species that applies in any area outside the historic range 

11 of such species. 

12 SEC. 495. None of the funds made available by this 

13 Act may be used to finalize, implement, administer, or en14 force the proposed rule entitled ‘‘Clean Energy Incentive 

15 Program Design Details’’ published by the Environmental 

16 Protection Agency in the Federal Register on June 30, 

17 2016 (81 Fed. Reg. 42939 et seq.), or any rule of the 

18 same substance. 

19 SEC. 496. None of the funds made available by this 

20 Act may be used to pay legal fees pursuant to a settlement 

21 in any case, in which the Federal Government is a party, 

22 that arises under— 

23 (1) the Clean Air Act (42 U.S.C. 7401 et seq.); 

24 (2) the Federal Water Pollution Control Act 

25 (33 U.S.C. 1251 et seq.); or 
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1 (3) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.). 

3 SEC. 497. None of the funds made available by this 

4 Act may be used to implement the Final Comprehensive 

5 Conservation Plan for the Arctic National Wildlife Refuge, 

6 Alaska for which notice of availability was published in 

7 the Federal Register on April 13, 2015 (80 Fed. Reg. 

8 19678). 

9 SEC. 498. None of the funds made available by this 

10 Act may be used to remove Arctic Sales 255, 258, and 

11 262 from the 2017–2022 Outer Continental Shelf Oil and 

12 Gas Leasing Proposed Program for which notice of avail13 ability was published on March 18, 2016 (81 Fed. Reg. 

14 14881). 

15 SEC. 499. None of the funds made available by this 

16 Act may be used to declare a national monument under 

17 section 320301 of title 54, United States Code, in the ex18 clusive economic zone of the United States established by 

19 Proclamation Numbered 5030, dated March 10, 1983. 

20 COMPLIANCE WITH GREAT LAKES COMPACT

21 SEC. 500. None of the funds made available by this 

22 Act may be used by a State in contravention of the inter23 state compact regarding water resources in the Great 

24 Lakes—St. Lawrence River Basin consented to and ap25 proved by Congress in Public Law 110–342. 
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1 SEC. 501. None of the funds made available by this 

2 Act may be used to finalize, implement, administer, or en3 force the proposed rule entitled ‘‘Special Regulations, 

4 Areas of the National Park Service, Golden Gate National 

5 Recreation Area, Dog Management’’ published by the Na6 tional Park Service in the Federal Register on February 

7 24, 2016 (81 Fed. Reg. 9139 et seq.; Regulation Identifier 

8 No. 1024–AE16). 

9 SEC. 502. None of the funds made available by the 

10 Act may be used to implement, administer, or enforce the 

11 modification to boating restrictions contained in the news 

12 release issued by the United States Fish and Wildlife 

13 Service entitled ‘‘Minor Modification to Boating Restric14 tions at Havasu Wildlife Refuge’’ and dated May 20, 

15 2015. 

16 LIMITATION ON USE OF FUNDS

17 SEC. 503. None of the funds made available by this 

18 Act may be used in contravention of section 321(a) of the 

19 Clean Air Act (42 U.S.C. 7621(a)). 

20 SEC. 504. None of the funds made available by this 

21 Act may be used to enter into a contract with any offeror 

22 or any of its principals if the offeror certifies, as required 

23 by Federal Acquisition Regulation, that the offeror or any 

24 of its principals— 

25 (1) within a 3-year period preceding this offer 

26 has been convicted of or had a civil judgment ren-
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1 dered against it for: commission of fraud or a crimi2 nal offense in connection with obtaining, attempting 

3 to obtain, or performing a public (Federal, State, or 

4 local) contract or subcontract; violation of Federal or 

5 State antitrust statutes relating to the submission of 

6 offers; or commission of embezzlement, theft, for7 gery, bribery, falsification or destruction of records, 

8 making false statements, tax evasion, violating Fed9 eral criminal tax laws, or receiving stolen property; 

10 (2) are presently indicted for, or otherwise 

11 criminally or civilly charged by a governmental enti12 ty with, commission of any of the offenses enumer13 ated above in paragraph (1); or 

14 (3) within a 3-year period preceding this offer, 

15 has been notified of any delinquent Federal taxes in 

16 an amount that exceeds $3,000 for which the liabil17 ity remains unsatisfied. 

18 This Act may be cited as the ‘‘Department of the In19 terior, Environment, and Related Agencies Appropriations 

20 Act, 2017’’. 

Passed the House of Representatives July 14, 2016. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION H. R. 5538 

AN ACT 

Making appropriations for the Department of the 

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