rying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue 
Code: Provided, That the Administrator is authorized to 
use appropriations made available under this heading to 
implement section 9013 of the Solid Waste Disposal Act 
to provide financial assistance to federally recognized In-
dian tribes for the development and implementation of 
programs to manage underground storage tanks. 
INLAND OIL SPILL PROGRAMS 
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil 
Pollution Act of 1990, $18,079,000, to be derived from 
the Oil Spill Liability trust fund, to remain available until 
expended. 
STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing 
funds 
and 
performance 
partnership 
grants, 
$3,370,729,000 (increased by $6,000,000) (reduced by 
$6,000,000), to remain available until expended, of 
which— 
(1) $1,000,000,000 shall be for making capital-
ization grants for the Clean Water State Revolving 
Funds under title VI of the Federal Water Pollution 
Control Act; and of which $1,070,500,000 shall be
for making capitalization grants for the Drinking 
Water State Revolving Funds under section 1452 of 
the Safe Drinking Water Act: Provided, That for fis-
cal year 2017, funds made available under this title 
to each State for Clean Water State Revolving Fund 
capitalization grants and for Drinking Water State 
Revolving Fund capitalization grants may, at the 
discretion of each State, be used for projects to ad-
dress green infrastructure, water or energy efficiency 
improvements, or other environmentally innovative 
activities: Provided further, That notwithstanding 
section 603(d)(7) of the Federal Water Pollution 
Control Act, the limitation on the amounts in a 
State water pollution control revolving fund that 
may be used by a State to administer the fund shall 
not apply to amounts included as principal in loans 
made by such fund in fiscal year 2017 and prior 
years where such amounts represent costs of admin-
istering the fund to the extent that such amounts 
are or were deemed reasonable by the Administrator, 
accounted for separately from other assets in the 
fund, and used for eligible purposes of the fund, in-
cluding administration: Provided further, That for 
fiscal year 2017, notwithstanding the provisions of 
sections 201(g)(1), (h), and (l) of the Federal Water
Pollution Control Act, grants under Title II of the 
Federal Water Pollution Control Act for American 
Samoa, Guam, the Commonwealth of the Northern 
Marianas, the United States Virgin Islands, and the 
District of Columbia may also be made for the pur-
pose of providing assistance: (1) solely for facility 
plans, design activities, or plans, specification, and 
estimates for any proposed project for the construc-
tion of treatment works; and (2) for the construc-
tion, repair, or replacement of privately owned treat-
ment works serving one or more principal residences 
or small commercial establishments; Provided fur-
ther, That for fiscal year 2017, notwithstanding the 
provisions of 201(g)(1), (h), and (l) and section 
518(c) of the Federal Water Pollution Control Act, 
funds reserved by the Administrator for grants 
under section 518(c) of the Federal Water Pollution 
Control Act may also be used to provide assistance: 
(1) solely for facility plans, design activities, or 
plans, specifications, and estimates for any proposed 
project for the construction of treatment works; and 
(2) for the construction, repair, or replacement of 
privately owned treatment works serving one or 
more principal residences or small commercial estab-
lishments; Funds reserved under section 518(c) of
such Act shall be available for grants only to Indian 
tribes, as defined in section 518(h) of such Act and 
former Indian reservations in Oklahoma (as defined 
by the Secretary of the Interior) and Native Villages 
(as defined in Public Law 92–203): Provided further, 
That for fiscal year 2017, notwithstanding any pro-
vision of the Clean Water Act and regulations issued 
pursuant thereof, up to a total of $2,000,000 of the 
funds reserved by the Administrator for grants 
under section 518(c) of the Federal Water Pollution 
Control Act may also be used for grants for training, 
technical assistance, and educational programs relat-
ing to the operation and management of the treat-
ment works specified in section 518(c) of such Act; 
Funds reserved under section 518(c) of such Act 
shall be available for grants only to Indian tribes, as 
defined in section 518(h) of such Act and former In-
dian reservations in Oklahoma (as determined by the 
Secretary of the Interior) and Native Villages (as 
defined in Public Law 92–203): Provided further, 
That for fiscal year 2017, notwithstanding the limi-
tation on amounts in section 518(c) of the Federal 
Water Pollution Control Act, up to a total of 2 per-
cent of the funds appropriated, or $30,000,000, 
whichever is greater, and notwithstanding the limita-
tion on amounts in section 1452(i) of the Safe 
Drinking Water Act, up to a total of 2 percent of 
the funds appropriated, or $20,000,000, whichever 
is greater, for State Revolving Funds under such 
Acts may be reserved by the Administrator for 
grants under section 518(c) and section 1452(i) of 
such Acts: Provided further, That for fiscal year 
2017, notwithstanding the amounts specified in sec-
tion 205(c) of the Federal Water Pollution Control 
Act, up to 1.5 percent of the aggregate funds appro-
priated for the Clean Water State Revolving Fund 
program under the Act less any sums reserved under 
section 518(c) of the Act, may be reserved by the 
Administrator for grants made under title II of the 
Federal Water Pollution Control Act for American 
Samoa, Guam, the Commonwealth of the Northern 
Marianas, and United States Virgin Islands: Pro-
vided further, That for fiscal year 2017, notwith-
standing the limitations on amounts specified in sec-
tion 1452(j) of the Safe Drinking Water Act, up to 
1.5 percent of the funds appropriated for the Drink-
ing Water State Revolving Fund programs under the 
Safe Drinking Water Act may be reserved by the 
Administrator for grants made under section 
1452(j) of the Safe Drinking Water Act: Provided
further, That 10 percent of the funds made available 
under this title to each State for Clean Water State 
Revolving Fund capitalization grants and 20 percent 
of the funds made available under this title to each 
State for Drinking Water State Revolving Fund cap-
italization grants shall be used by the State to pro-
vide additional subsidy to eligible recipients in the 
form of forgiveness of principal, negative interest 
loans, or grants (or any combination of these), and 
shall be so used by the State only where such funds 
are provided as initial financing for an eligible re-
cipient or to buy, refinance, or restructure the debt 
obligations of eligible recipients where such debt was 
incurred on or after the date of enactment of this 
Act, or where such debt was incurred prior to the 
date of enactment of this Act if the State, with con-
currence from the Administrator, determines that 
such funds could be used to help address a threat 
to public health from heightened exposure to lead in 
drinking water or if a Federal or State emergency 
declaration has been issued due to a threat to public 
health from heightened exposure to lead in a munic-
ipal drinking water supply before the date of enact-
ment of this Act: Provided further, That in a State 
in which such an emergency declaration has been
issued, the State may use more than 20 percent of 
the funds made available under this title to the 
State for Drinking Water State Revolving Fund cap-
italization grants to provide additional subsidy to eli-
gible recipients; 
(2) $5,000,000 shall be for architectural, engi-
neering, planning, design, construction and related 
activities in connection with the construction of high 
priority water and wastewater facilities in the area 
of the United States-Mexico Border, after consulta-
tion with the appropriate border commission; Pro-
vided, That no funds provided by this appropriations 
Act to address the water, wastewater and other crit-
ical infrastructure needs of the colonias in the 
United States along the United States-Mexico bor-
der shall be made available to a county or municipal 
government unless that government has established 
an enforceable local ordinance, or other zoning rule, 
which prevents in that jurisdiction the development 
or construction of any additional colonia areas, or 
the development within an existing colonia the con-
struction of any new home, business, or other struc-
ture which lacks water, wastewater, or other nec-
essary infrastructure;
(3) $17,000,000 shall be for grants to the State 
of Alaska to address drinking water and wastewater 
infrastructure needs of rural and Alaska Native Vil-
lages: Provided, That of these funds: (A) the State 
of Alaska shall provide a match of 25 percent; (B) 
no more than 5 percent of the funds may be used 
for administrative and overhead expenses; and (C) 
the State of Alaska shall make awards consistent 
with the Statewide priority list established in con-
junction with the Agency and the United States De-
partment of Agriculture for all water, sewer, waste 
disposal, and similar projects carried out by the 
State of Alaska that are funded under section 221 
of the Federal Water Pollution Control Act (33 
U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall 
allocate not less than 25 percent of the funds pro-
vided for projects in regional hub communities; 
(4) $80,000,000 shall be to carry out section 
104(k) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 
(CERCLA), including grants, interagency agree-
ments, and associated program support costs: Pro-
vided, That not more than 25 percent of the amount 
appropriated to carry out section 104(k) of
CERCLA shall be used for site characterization, as-
sessment, and remediation of facilities described in 
section 101(39)(D)(ii)(II) of CERCLA: Provided 
further, That at least 10 percent shall be allocated 
for assistance in persistent poverty counties: Pro-
vided further, That for purposes of this section, the 
term ‘‘persistent poverty counties’’ means any coun-
ty that has had 20 percent or more of its population 
living in poverty over the past 30 years, as measured 
by the 1990 and 2000 decennial censuses and the 
most recent Small Area Income and Poverty Esti-
mates; 
(5) $100,000,000 shall be for grants under title 
VII, subtitle G of the Energy Policy Act of 2005; 
(6) $40,000,000 shall be for targeted airshed 
grants in accordance with the terms and conditions 
of the report accompanying this Act; and 
(7) $1,058,229,000 shall be for grants, includ-
ing associated program support costs, to States, fed-
erally recognized tribes, interstate agencies, tribal 
consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, 
control and abatement and related activities, includ-
ing activities pursuant to the provisions set forth 
under this heading in Public Law 104–134, and for
making grants under section 103 of the Clean Air 
Act for particulate matter monitoring and data col-
lection activities subject to terms and conditions 
specified 
by 
the 
Administrator, 
of 
which: 
$47,745,000 shall be for carrying out section 128 of 
CERCLA; $9,646,000 shall be for Environmental 
Information Exchange Network grants, including as-
sociated program support costs; $1,498,000 shall be 
for grants to States under section 2007(f)(2) of the 
Solid Waste Disposal Act, which shall be in addition 
to funds appropriated under the heading ‘‘Leaking 
Underground Storage Tank Trust Fund Program’’ 
to carry out the provisions of the Solid Waste Dis-
posal Act specified in section 9508(c) of the Internal 
Revenue Code other than section 9003(h) of the 
Solid Waste Disposal Act; $17,848,000 of the funds 
available for grants under section 106 of the Federal 
Water Pollution Control Act shall be for State par-
ticipation in national- and State-level statistical sur-
veys of water resources and enhancements to State 
monitoring programs. 
WATER INFRASTRUCTURE FINANCE AND INNOVATION 
PROGRAM ACCOUNT 
For the cost of direct loans and for the cost of guar-
anteed loans, as authorized by the Water Infrastructure
Finance and Innovation Act of 2014, $45,000,000, to re-
main available until expended: Provided, That such costs, 
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of di-
rect loans, including capitalized interest, and total loan 
principal, including capitalized interest, any part of which 
is to be guaranteed, not to exceed $5,487,000,000. 
In addition, fees authorized to be collected pursuant 
to sections 5029 and 5030 of the Water Infrastructure 
Finance and Innovation Act of 2014 shall be deposited 
in this account to remain available until expended. 
In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, notwithstanding 
section 5033 of the Water Infrastructure Finance and In-
novation Act of 2014, $5,000,000, to remain available 
until September 30, 2018. 
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL 
PROTECTION AGENCY 
(INCLUDING TRANSFERS OF FUNDS) 
For fiscal year 2017, notwithstanding 31 U.S.C. 
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s 
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an 
acceptable tribal program, may award cooperative agree-
ments to federally recognized Indian tribes or Intertribal 
consortia, if authorized by their member tribes, to assist 
the Administrator in implementing Federal environmental 
programs for Indian tribes required or authorized by law, 
except that no such cooperative agreements may be award-
ed from funds designated for State financial assistance 
agreements. 
The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide reg-
istration service fees in accordance with section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended by Public Law 112–177, the Pesticide Registra-
tion Improvement Extension Act of 2012. 
Notwithstanding section 33(d)(2) of the Federal In-
secticide, Fungicide, and Rodenticide Act (FIFRA) (7 
U.S.C. 136w–8(d)(2)), the Administrator of the Environ-
mental Protection Agency may assess fees under section 
33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2017. 
The Administrator is authorized to transfer up to 
$300,000,000 of the funds appropriated for the Great 
Lakes Restoration Initiative under the heading ‘‘Environ-
mental Programs and Management’’ to the head of any 
Federal department or agency, with the concurrence of
such head, to carry out activities that would support the 
Great Lakes Restoration Initiative and Great Lakes 
Water Quality Agreement programs, projects, or activities; 
to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these ac-
tivities; and to make grants to governmental entities, non-
profit organizations, institutions, and individuals for plan-
ning, research, monitoring, outreach, and implementation 
in furtherance of the Great Lakes Restoration Initiative 
and the Great Lakes Water Quality Agreement. 
The Science and Technology, Environmental Pro-
grams and Management, Office of Inspector General, Haz-
ardous Substance Superfund, and Leaking Underground 
Storage Tank Trust Fund Program Accounts, are avail-
able for the construction, alteration, repair, rehabilitation, 
and renovation of facilities provided that the cost does not 
exceed $150,000 per project. 
The Administrator of the Environmental Protection 
Agency shall base agency policies and actions regarding 
air emissions from forest biomass including, but not lim-
ited to, air emissions from facilities that combust forest 
biomass for energy, on the principle that forest biomass 
emissions do not increase overall carbon dioxide accumula-
tions in the atmosphere when USDA Forest Inventory and 
Analysis data show that forest carbon stocks in the United
For fiscal year 2017, and notwithstanding section 
518(f) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(f)), the Administrator is authorized to use 
the amounts appropriated for any fiscal year under section 
319 of the Act to make grants to federally recognized In-
dian tribes pursuant to sections 319(h) and 518(e) of that 
Act. 
TITLE III 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland re-
search as authorized by law, $291,982,000 (increased by 
$10,000,000), to remain available through September 30, 
2019: Provided, That of the funds provided, $77,000,000 
is for the forest inventory and analysis program. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $244,038,000, to remain available through Sep-
tember 30, 2018, as authorized by law, of which 
$55,000,000 is to be derived from the Land and Water 
Conservation Fund to be used for the Forest Legacy Pro-
gram, to remain available until expended. 
NATIONAL FOREST SYSTEM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Forest Service, not 
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System, 
$1,531,443,000 (reduced by $2,000,000), to remain avail-
able through September 30, 2018: Provided, That of the 
funds provided, $40,000,000 shall be deposited in the Col-
laborative Forest Landscape Restoration Fund for ecologi-
cal restoration treatments as authorized by 16 U.S.C. 
7303(f): Provided further, That of the funds provided, 
$384,805,000 shall be for forest products: Provided fur-
ther, That of the funds provided, up to $159,941,000 is 
for the Integrated Resource Restoration pilot program for 
Region 1, Region 2, Region 3, Region 4, and Region 5: 
Provided further, That of the funds provided for forest 
products, up to $161,560,000 may be transferred to sup-
port the Integrated Resource Restoration pilot program 
in the preceding proviso: Provided further, That the Sec-
retary of Agriculture may transfer to the Secretary of the 
Interior any unobligated funds appropriated in a previous 
fiscal year for operation of the Valles Caldera National 
Preserve. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not 
otherwise provided for, $364,164,000, to remain available 
through September 30, 2018, for construction, capital im-
provement, maintenance and acquisition of buildings and 
other facilities and infrastructure; and for construction, 
reconstruction, decommissioning of roads that are no 
longer needed, including unauthorized roads that are not 
part of the transportation system, and maintenance of for-
est roads and trails by the Forest Service as authorized 
by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro-
vided, That $40,000,000 shall be designated for urgently 
needed road decommissioning, road and trail repair and 
maintenance and associated activities, and removal of fish 
passage barriers, especially in areas where Forest Service 
roads may be contributing to water quality problems in 
streams and water bodies which support threatened, en-
dangered, or sensitive species or community water sources: 
Provided further, That funds becoming available in fiscal 
year 2017 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the 
Treasury and shall not be available for transfer or obliga-
tion for any other purpose unless the funds are appro-
priated: Provided further, That of the funds provided for 
decommissioning of roads, up to $24,543,000 may be 
transferred to the ‘‘National Forest System’’ to support 
the Integrated Resource Restoration pilot program. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions 
of chapter 2003 of title 54, United States Code, including 
administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $27,280,000, 
to be derived from the Land and Water Conservation 
Fund and to remain available until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests, 
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National 
Forests, California, as authorized by law, $950,000, to be 
derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived 
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities, and for authorized expenditures from funds de-
posited by non-Federal parties pursuant to Land Sale and 
Exchange Acts, pursuant to the Act of December 4, 1967 
(16 U.S.C. 484a), to remain available through September 
30, 2018, (16 U.S.C. 516–617a, 555a; Public Law 96– 
586; Public Law 76–589, 76–591; and Public Law 78– 
310). 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic livestock on lands in National Forests in the 16 
Western States, pursuant to section 401(b)(1) of Public 
Law 94–579, to remain available through September 30, 
2018, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground 
range rehabilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 
RANGELAND RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), 
$45,000, to remain available through September 30, 2018,
to be derived from the fund established pursuant to the 
above Act. 
MANAGEMENT OF NATIONAL FOREST LANDS FOR 
SUBSISTENCE USES 
For necessary expenses of the Forest Service to man-
age Federal lands in Alaska for subsistence uses under 
title VIII of the Alaska National Interest Lands Conserva-
tion Act (Public Law 96–487), $2,500,000, to remain 
available through September 30, 2018. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for forest fire presuppression 
activities on National Forest System lands, for emergency 
fire suppression on or adjacent to such lands or other 
lands under fire protection agreement, hazardous fuels 
management on or adjacent to such lands, emergency re-
habilitation of burned-over National Forest System lands 
and water, and for State and volunteer fire assistance, 
$2,593,763,000 (increased by $70,000,000) (increased by 
$2,000,000), to remain available through September 30, 
2019: Provided, That such funds including unobligated 
balances under this heading, are available for repayment 
of advances from other appropriations accounts previously 
transferred for such purposes: Provided further, That such 
funds shall be available to reimburse State and other co-
operating entities for services provided in response to wild-
fire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emer-
gencies are fully repaid by the responsible emergency man-
agement agency: Provided further, That notwithstanding 
any other provision of law, $6,914,000 of funds appro-
priated under this appropriation shall be available for the 
Forest Service in support of fire science research author-
ized by the Joint Fire Science Program, including all For-
est Service authorities for the use of funds, such as con-
tracts, grants, research joint venture agreements, and co-
operative agreements: Provided further, That all authori-
ties for the use of funds, including the use of contracts, 
grants, and cooperative agreements, available to execute 
the Forest and Rangeland Research appropriation, are 
also available in the utilization of these funds for Fire 
Science Research: Provided further, That funds provided 
shall be available for emergency rehabilitation and restora-
tion, hazardous fuels management activities, support to 
Federal emergency response, and wildfire suppression ac-
tivities of the Forest Service: Provided further, That of the 
funds provided, $395,000,000 (increased by $70,000,000) 
is for hazardous fuels management activities, $19,795,000 
is for research activities and to make competitive research 
grants pursuant to the Forest and Rangeland Renewable
Resources Research Act, (16 U.S.C. 1641 et seq.), 
$78,000,000 is for State fire assistance, and $13,000,000 
(increased by $2,000,000) is for volunteer fire assistance 
under section 10 of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2106): Provided further, That 
amounts in this paragraph may be transferred to the ‘‘Na-
tional Forest System’’, and ‘‘Forest and Rangeland Re-
search’’ accounts to fund forest and rangeland research, 
the Joint Fire Science Program, vegetation and watershed 
management, heritage site rehabilitation, and wildlife and 
fish habitat management and restoration: Provided fur-
ther, That of the funds provided, $65,000,000 shall be 
available for the purpose of acquiring aircraft for the next- 
generation airtanker fleet to enhance firefighting mobility, 
effectiveness, efficiency, and safety, and such aircraft shall 
be suitable for contractor operation over the terrain and 
forest ecosystems characteristic of National Forest System 
lands, as determined by the Chief of the Forest Service: 
Provided further, That the costs of implementing any co-
operative agreement between the Federal Government and 
any non-Federal entity may be shared, as mutually agreed 
on by the affected parties: Provided further, That the 
funds provided herein may be used by the Secretary of 
Agriculture to enter into procurement contracts or cooper-
ative agreements or to issue grants for hazardous fuels
management activities and for training or monitoring as-
sociated with such hazardous fuels management activities 
on Federal land or on non-Federal land if the Secretary 
determines such activities benefit resources on Federal 
land: Provided further, That funds made available to im-
plement the Community Forest Restoration Act, Public 
Law 106–393, title VI, shall be available for use on non- 
Federal lands in accordance with authorities made avail-
able to the Forest Service under the ‘‘State and Private 
Forestry’’ appropriation: Provided further, That the Sec-
retary of the Interior and the Secretary of Agriculture 
may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to 
exceed $50,000,000, between the Departments when such 
transfers would facilitate and expedite wildland fire man-
agement programs and projects: Provided further, That of 
the funds provided for hazardous fuels management, not 
to exceed $5,000,000 may be used to make grants, using 
any authorities available to the Forest Service under the 
‘‘State and Private Forestry’’ appropriation, for the pur-
pose of creating incentives for increased use of biomass 
from National Forest System lands: Provided further, 
That funds designated for wildfire suppression, including 
funds transferred from the ‘‘FLAME Wildfire Suppres-
sion Reserve Fund’’, shall be assessed for cost pools on
the same basis as such assessments are calculated against 
other agency programs: Provided further, That of the 
funds for hazardous fuels management, up to $46,653,000 
may be transferred to the ‘‘National Forest System’’ to 
support the Integrated Resource Restoration pilot pro-
gram. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for large fire suppression op-
erations of the Department of Agriculture and as a reserve 
fund for suppression and Federal emergency response ac-
tivities, $315,000,000, to remain available until expended: 
Provided, That such amounts are only available for trans-
fer to the ‘‘Wildland Fire Management’’ account following 
a declaration by the Secretary in accordance with section 
502 of the FLAME Act of 2009 (43 U.S.C. 1748a). 
ADMINISTRATIVE PROVISIONS—FOREST SERVICE 
(INCLUDING TRANSFERS OF FUNDS) 
Appropriations to the Forest Service for the current 
fiscal year shall be available for: (1) purchase of passenger 
motor vehicles; acquisition of passenger motor vehicles 
from excess sources, and hire of such vehicles; purchase, 
lease, operation, maintenance, and acquisition of aircraft 
to maintain the operable fleet for use in Forest Service 
wildland fire programs and other Forest Service programs;
100 
notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or 
trade-in value used to offset the purchase price for the 
replacement aircraft; (2) services pursuant to 7 U.S.C. 
2225, and not to exceed $100,000 for employment under 
5 U.S.C. 3109; (3) purchase, erection, and alteration of 
buildings and other public improvements (7 U.S.C. 2250); 
(4) acquisition of land, waters, and interests therein pur-
suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 
Volunteers in the National Forest Act of 1972 (16 U.S.C. 
558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901–5902; and (7) for debt col-
lection contracts in accordance with 31 U.S.C. 3718(c). 
Any appropriations or funds available to the Forest 
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation of burned-over or damaged lands or waters 
under its jurisdiction, and fire preparedness due to severe 
burning conditions upon the Secretary’s notification of the 
House and Senate Committees on Appropriations that all 
fire suppression funds appropriated under the headings 
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 
Suppression Reserve Fund’’ will be obligated within 30 
days: Provided, That all funds used pursuant to this para-
101 
graph must be replenished by a supplemental appropria-
tion which must be requested as promptly as possible. 
Funds appropriated to the Forest Service shall be 
available for assistance to or through the Agency for Inter-
national Development in connection with forest and range-
land research, technical information, and assistance in for-
eign countries, and shall be available to support forestry 
and related natural resource activities outside the United 
States and its territories and possessions, including tech-
nical assistance, education and training, and cooperation 
with United States, private, and international organiza-
tions. The Forest Service, acting for the International 
Program, may sign direct funding agreements with foreign 
governments and institutions as well as other domestic 
agencies (including the United States Agency for Inter-
national Development, the Department of State, and the 
Millennium Challenge Corporation), United States private 
sector firms, institutions and organizations to provide 
technical assistance and training programs overseas on 
forestry and rangeland management. 
Funds appropriated to the Forest Service shall be 
available for expenditure or transfer to the Department 
of the Interior, Bureau of Land Management, for removal, 
preparation, and adoption of excess wild horses and burros 
from National Forest System lands, and for the perform-
103 
tion Technology Center and the Department of Agri-
culture’s International Technology Service. 
Of the funds available to the Forest Service, up to 
$5,000,000 shall be available for priority projects within 
the scope of the approved budget, which shall be carried 
out by the Youth Conservation Corps and shall be carried 
out under the authority of the Public Lands Corps Act 
of 1993, Public Law 103–82, as amended by Public Lands 
Corps Healthy Forests Restoration Act of 2005, Public 
Law 109–154. 
Of the funds available to the Forest Service, $4,000 
is available to the Chief of the Forest Service for official 
reception and representation expenses. 
Pursuant to sections 405(b) and 410(b) of Public 
Law 101–593, of the funds available to the Forest Service, 
up to $3,000,000 may be advanced in a lump sum to the 
National Forest Foundation to aid conservation partner-
ship projects in support of the Forest Service mission, 
without regard to when the Foundation incurs expenses, 
for projects on or benefitting National Forest System 
lands or related to Forest Service programs: Provided, 
That of the Federal funds made available to the Founda-
tion, no more than $300,000 shall be available for admin-
istrative expenses: Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial
104 
assistance, private contributions to match on at least one- 
for-one basis funds made available by the Forest Service: 
Provided further, That the Foundation may transfer Fed-
eral funds to a Federal or a non-Federal recipient for a 
project at the same rate that the recipient has obtained 
the non-Federal matching funds. 
Pursuant to section 2(b)(2) of Public Law 98–244, 
up to $3,000,000 of the funds available to the Forest 
Service may be advanced to the National Fish and Wildlife 
Foundation in a lump sum to aid cost-share conservation 
projects, without regard to when expenses are incurred, 
on or benefitting National Forest System lands or related 
to Forest Service programs: Provided, That such funds 
shall be matched on at least a one-for-one basis by the 
Foundation or its sub-recipients: Provided further, That 
the Foundation may transfer Federal funds to a Federal 
or non-Federal recipient for a project at the same rate 
that the recipient has obtained the non-Federal matching 
funds. 
Funds appropriated to the Forest Service shall be 
available for interactions with and providing technical as-
sistance to rural communities and natural resource-based 
businesses for sustainable rural development purposes. 
Funds appropriated to the Forest Service shall be 
available for payments to counties within the Columbia
105 
River Gorge National Scenic Area, pursuant to section 
14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 
663. 
Any funds appropriated to the Forest Service may 
be used to meet the non-Federal share requirement in sec-
tion 502(c) of the Older Americans Act of 1965 (42 
U.S.C. 3056(c)(2)). 
Funds available to the Forest Service, not to exceed 
$65,000,000, shall be assessed for the purpose of per-
forming fire, administrative and other facilities mainte-
nance and decommissioning. Such assessments shall occur 
using a square foot rate charged on the same basis the 
agency uses to assess programs for payment of rent, utili-
ties, and other support services. 
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not 
to exceed $500,000 may be used to reimburse the Office 
of the General Counsel (OGC), Department of Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management 
reviews, land purchase negotiations and similar nonlitiga-
tion-related matters. Future budget justifications for both 
the Forest Service and the Department of Agriculture
106 
should clearly display the sums previously transferred and 
the requested funding transfers. 
An eligible individual who is employed in any project 
funded under title V of the Older Americans Act of 1965 
(42 U.S.C. 3056 et seq.) and administered by the Forest 
Service shall be considered to be a Federal employee for 
purposes of chapter 171 of title 28, United States Code. 
Notwithstanding any other provision of this Act, 
through the Office of Budget and Program Analysis, the 
Forest Service shall report no later than 30 business days 
following the close of each fiscal quarter all current and 
prior year unobligated balances, by fiscal year, budget line 
item and account, to the House and Senate Committees 
on Appropriations. 
Funds appropriated to the Forest Service shall be 
available to categorically exclude from documentation in 
an environmental assessment or an environmental impact 
statement under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) a forest management 
activity on National Forest System lands when the pri-
mary purpose of the forest management activity is: (1) 
to address an insect or disease infestation; (2) to reduce 
hazardous fuel loads; (3) to protect a municipal water 
source; (4) to maintain, enhance, or modify critical habitat 
to protect it from catastrophic disturbances; (5) to in-
107 
crease water yield; or (6) any combination of these pur-
poses: Provided, That the land on which the forest man-
agement activity is carried out may not exceed 3,000 
acres. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion and Education Assistance Act, the Indian Health 
Care Improvement Act, and titles II and III of the Public 
Health Service Act with respect to the Indian Health Serv-
ice, $3,720,690,000, together with payments received dur-
ing the fiscal year pursuant to 42 U.S.C. 238(b) and 
238b, for services furnished by the Indian Health Service: 
Provided, That funds made available to tribes and tribal 
organizations through contracts, grant agreements, or any 
other agreements or compacts authorized by the Indian 
Self-Determination and Education Assistance Act of 1975 
(25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall 
remain available to the tribe or tribal organization without 
fiscal 
year 
limitation: 
Provided 
further, 
That 
$960,831,000 for Purchased/Referred Care, including
108 
$53,000,000 for the Indian Catastrophic Health Emer-
gency Fund, shall remain available until expended: Pro-
vided further, That of the funds provided, up to 
$37,000,000 shall remain available until expended for im-
plementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act: Provided 
further, That of the funds provided, $2,000,000 shall be 
used to supplement funds available for operational costs 
at tribal clinics operated under an Indian Self-Determina-
tion and Education Assistance Act compact or contract 
where health care is delivered in space acquired through 
a full service lease, which is not eligible for maintenance 
and improvement and equipment funds from the Indian 
Health Service, and $6,000,000 shall be for accreditation 
emergencies: Provided further, That the amounts collected 
by the Federal Government as authorized by sections 104 
and 108 of the Indian Health Care Improvement Act (25 
U.S.C. 1613a and 1616a) during the preceding fiscal year 
for breach of contracts shall be deposited to the Fund au-
thorized by section 108A of the Act (25 U.S.C. 1616a– 
1) and shall remain available until expended and, notwith-
standing section 108A(c) of the Act (25 U.S.C. 1616a– 
1(c)), funds shall be available to make new awards under 
the loan repayment and scholarship programs under sec-
tions 104 and 108 of the Act (25 U.S.C. 1613a and
109 
1616a): Provided further, That the amounts made avail-
able within this account for the Substance Abuse and Sui-
cide Prevention Program, for the Domestic Violence Pre-
vention Program, for the Zero Suicide Initiative, for 
aftercare pilots at Youth Regional Treatment Centers, to 
improve collections from public and private insurance at 
Indian Health Service and tribally operated facilities, and 
for accreditation emergencies shall be allocated at the dis-
cretion of the Director of the Indian Health Service and 
shall remain available until expended: Provided further, 
That funds provided in this Act may be used for annual 
contracts and grants that fall within 2 fiscal years, pro-
vided the total obligation is recorded in the year the funds 
are appropriated: Provided further, That the amounts col-
lected by the Secretary of Health and Human Services 
under the authority of title IV of the Indian Health Care 
Improvement Act shall remain available until expended for 
the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of 
the Social Security Act, except for those related to the 
planning, design, or construction of new facilities: Pro-
vided further, That funding contained herein for scholar-
ship programs under the Indian Health Care Improvement 
Act (25 U.S.C. 1613) shall remain available until ex-
pended: Provided further, That amounts received by tribes
110 
and tribal organizations under title IV of the Indian 
Health Care Improvement Act shall be reported and ac-
counted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian 
Health Service, tribes and tribal organizations operating 
health facilities pursuant to Public Law 93–638, such in-
dividually identifiable health information relating to dis-
abled children as may be necessary for the purpose of car-
rying out its functions under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400, et seq.): Provided 
further, That the Indian Health Care Improvement Fund 
may be used, as needed, to carry out activities typically 
funded under the Indian Health Facilities account. 
CONTRACT SUPPORT COSTS 
For payments to tribes and tribal organizations for 
contract support costs associated with Indian Self-Deter-
mination and Education Assistance Act agreements with 
the Indian Health Service for fiscal year 2017, such sums 
as may be necessary: Provided, That notwithstanding any 
other provision of law, no amounts made available under 
this heading shall be available for transfer to another 
budget account.
111 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, 
and equipment of health and related auxiliary facilities, 
including quarters for personnel; preparation of plans, 
specifications, and drawings; acquisition of sites, purchase 
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of 
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out 
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities 
support 
activities 
of 
the 
Indian 
Health 
Service, 
$557,946,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
funds appropriated for the planning, design, construction, 
renovation or expansion of health facilities for the benefit 
of an Indian tribe or tribes may be used to purchase land 
on which such facilities will be located: Provided further, 
That not to exceed $500,000 may be used by the Indian 
Health Service to purchase TRANSAM equipment from 
the Department of Defense for distribution to the Indian 
Health Service and tribal facilities: Provided further, That 
none of the funds appropriated to the Indian Health Serv-
112 
ice may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs 
of the United States Department of Housing and Urban 
Development: Provided further, That not to exceed 
$2,700,000 from this account and the ‘‘Indian Health 
Services’’ account may be used by the Indian Health Serv-
ice to obtain ambulances for the Indian Health Service 
and tribal facilities in conjunction with an existing inter-
agency agreement between the Indian Health Service and 
the General Services Administration: Provided further, 
That not to exceed $500,000 may be placed in a Demoli-
tion Fund, to remain available until expended, and be used 
by the Indian Health Service for the demolition of Federal 
buildings. 
ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE 
Appropriations provided in this Act to the Indian 
Health Service shall be available for services as authorized 
by 5 U.S.C. 3109 at rates not to exceed the per diem rate 
equivalent to the maximum rate payable for senior-level 
positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; pur-
chase of reprints; purchase, renovation and erection of 
modular buildings and renovation of existing facilities; 
payments for telephone service in private residences in the 
field, when authorized under regulations approved by the
113 
Secretary; uniforms or allowances therefor as authorized 
by 5 U.S.C. 5901–5902; and for expenses of attendance 
at meetings that relate to the functions or activities of the 
Indian Health Service: Provided, That in accordance with 
the provisions of the Indian Health Care Improvement 
Act, non-Indian patients may be extended health care at 
all tribally administered or Indian Health Service facili-
ties, subject to charges, and the proceeds along with funds 
recovered under the Federal Medical Care Recovery Act 
(42 U.S.C. 2651–2653) shall be credited to the account 
of the facility providing the service and shall be available 
without fiscal year limitation: Provided further, That not-
withstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered 
under Public Law 86–121, the Indian Sanitation Facilities 
Act and Public Law 93–638: Provided further, That funds 
appropriated to the Indian Health Service in this Act, ex-
cept those used for administrative and program direction 
purposes, shall not be subject to limitations directed at 
curtailing Federal travel and transportation: Provided fur-
ther, That none of the funds made available to the Indian 
Health Service in this Act shall be used for any assess-
ments or charges by the Department of Health and 
Human Services unless identified in the budget justifica-
114 
tion and provided in this Act, or approved by the House 
and Senate Committees on Appropriations through the re-
programming process: Provided further, That notwith-
standing any other provision of law, funds previously or 
herein made available to a tribe or tribal organization 
through a contract, grant, or agreement authorized by 
title I or title V of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), may 
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under 
title V of such Act and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limi-
tation: Provided further, That none of the funds made 
available to the Indian Health Service in this Act shall 
be used to implement the final rule published in the Fed-
eral Register on September 16, 1987, by the Department 
of Health and Human Services, relating to the eligibility 
for the health care services of the Indian Health Service 
until the Indian Health Service has submitted a budget 
request reflecting the increased costs associated with the 
proposed final rule, and such request has been included 
in an appropriations Act and enacted into law: Provided 
further, That with respect to functions transferred by the 
Indian Health Service to tribes or tribal organizations, the 
Indian Health Service is authorized to provide goods and
115 
services to those entities on a reimbursable basis, includ-
ing payments in advance with subsequent adjustment, and 
the reimbursements received therefrom, along with the 
funds received from those entities pursuant to the Indian 
Self-Determination Act, may be credited to the same or 
subsequent appropriation account from which the funds 
were originally derived, with such amounts to remain 
available until expended: Provided further, That reim-
bursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total 
costs, including direct, administrative, and overhead asso-
ciated with the provision of goods, services, or technical 
assistance: Provided further, That the appropriation struc-
ture for the Indian Health Service may not be altered 
without advance notification to the House and Senate 
Committees on Appropriations. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 
SCIENCES 
For necessary expenses for the National Institute of 
Environmental Health Sciences in carrying out activities 
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9660(a)) and section 126(g) of the
116 
Superfund Amendments and Reauthorization Act of 1986, 
$77,349,000. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE 
REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC 
HEALTH 
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out 
activities set forth in sections 104(i) and 111(c)(4) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA) and section 3019 
of the Solid Waste Disposal Act, $74,691,000, of which 
up to $1,000 per eligible employee of the Agency for Toxic 
Substances and Disease Registry shall remain available 
until expended for Individual Learning Accounts: Pro-
vided, That notwithstanding any other provision of law, 
in lieu of performing a health assessment under section 
104(i)(6) of CERCLA, the Administrator of ATSDR may 
conduct other appropriate health studies, evaluations, or 
activities, including, without limitation, biomedical testing, 
clinical evaluations, medical monitoring, and referral to 
accredited healthcare providers: Provided further, That in 
performing any such health assessment or health study, 
evaluation, or activity, the Administrator of ATSDR shall 
not be bound by the deadlines in section 104(i)(6)(A) of
117 
CERCLA: Provided further, That none of the funds appro-
priated under this heading shall be available for ATSDR 
to issue in excess of 40 toxicological profiles pursuant to 
section 104(i) of CERCLA during fiscal year 2017, and 
existing profiles may be updated as necessary. 
OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office 
of Environmental Quality pursuant to the National Envi-
ronmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 
1 of 1977, and not to exceed $750 for official reception 
and representation expenses, $3,000,000: Provided, That 
notwithstanding section 202 of the National Environ-
mental Policy Act of 1970, the Council shall consist of 
one member, appointed by the President, by and with the 
advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council. 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, including
118 
hire of passenger vehicles, uniforms or allowances there-
for, as authorized by 5 U.S.C. 5901–5902, and for serv-
ices authorized by 5 U.S.C. 3109 but at rates for individ-
uals not to exceed the per diem equivalent to the maximum 
rate payable for senior level positions under 5 U.S.C. 
5376, $11,000,000: Provided, That the Chemical Safety 
and Hazard Investigation Board (Board) shall have not 
more than three career Senior Executive Service positions: 
Provided further, That notwithstanding any other provi-
sion of law, the individual appointed to the position of In-
spector General of the Environmental Protection Agency 
(EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided fur-
ther, That notwithstanding any other provision of law, the 
Inspector General of the Board shall utilize personnel of 
the Office of Inspector General of EPA in performing the 
duties of the Inspector General of the Board, and shall 
not appoint any individuals to positions within the Board. 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Navajo and 
Hopi Indian Relocation as authorized by Public Law 93– 
531, $15,431,000, to remain available until expended: 
Provided, That funds provided in this or any other appro-
119 
priations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That 
none of the funds contained in this or any other Act may 
be used by the Office of Navajo and Hopi Indian Reloca-
tion to evict any single Navajo or Navajo family who, as 
of November 30, 1985, was physically domiciled on the 
lands partitioned to the Hopi Tribe unless a new or re-
placement home is provided for such household: Provided 
further, That no relocatee will be provided with more than 
one new or replacement home: Provided further, That the 
Office shall relocate any certified eligible relocatees who 
have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off 
the Navajo reservation or on the land acquired pursuant 
to 25 U.S.C. 640d–10: Provided further, That $200,000 
shall be transferred to the Office of Inspector General of 
the Department of the Interior, to remain available until 
expended, for audits and investigations of the Office of 
Navajo and Hopi Indian Relocation, consistent with the 
Inspector General Act of 1978 (5 U.S.C. App.).
120 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE 
CULTURE AND ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and 
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498 (20 U.S.C. 56 part 
A), $11,619,000, to remain available until September 30, 
2018. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields 
of art, science, and history; development, preservation, and 
documentation of the National Collections; presentation of 
public exhibits and performances; collection, preparation, 
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease 
agreements of no more than 30 years, and protection of 
buildings, facilities, and approaches; not to exceed 
$100,000 for services as authorized by 5 U.S.C. 3109; and 
purchase, rental, repair, and cleaning of uniforms for em-
ployees, $712,487,000 (reduced by $300,000) (increased 
by $300,000), to remain available until September 30, 
2018, except as otherwise provided herein; of which not
121 
to exceed $50,467,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the Na-
tional Museum of African American History and Culture, 
and the repatriation of skeletal remains program shall re-
main available until expended; and including such funds 
as may be necessary to support American overseas re-
search centers: Provided, That funds appropriated herein 
are available for advance payments to independent con-
tractors performing research services or participating in 
official Smithsonian presentations. 
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and 
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized 
by section 2 of the Act of August 22, 1949 (63 Stat. 623), 
and for construction, including necessary personnel, 
$150,860,000, to remain available until expended, of 
which not to exceed $10,000 shall be for services as au-
thorized by 5 U.S.C. 3109. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art 
therein, and administrative expenses incident thereto, as 
authorized by the Act of March 24, 1937 (50 Stat. 51),
122 
as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including 
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for 
membership in library, museum, and art associations or 
societies whose publications or services are available to 
members only, or to members at a price lower than to the 
general public; purchase, repair, and cleaning of uniforms 
for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901–5902); 
purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches, 
and grounds; and purchase of services for restoration and 
repair of works of art for the National Gallery of Art by 
contracts made, without advertising, with individuals, 
firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem prop-
er, $130,801,000, to remain available until September 30, 
2018, of which not to exceed $3,620,000 for the special 
exhibition program shall remain available until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and 
renovation of buildings, grounds and facilities owned or 
occupied by the National Gallery of Art, by contract or
123 
otherwise, for operating lease agreements of no more than 
10 years, with no extensions or renewals beyond the 10 
years, that address space needs created by the ongoing 
renovations in the Master Facilities Plan, as authorized, 
$22,564,000, to remain available until expended: Pro-
vided, That contracts awarded for environmental systems, 
protection systems, and exterior repair or renovation of 
buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of con-
tractor qualifications as well as price. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING 
ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, mainte-
nance and security of the John F. Kennedy Center for 
the Performing Arts, $22,260,000. 
CAPITAL REPAIR AND RESTORATION 
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of 
the John F. Kennedy Center for the Performing Arts, 
$14,140,000, to remain available until expended.
124 
WOODROW WILSON INTERNATIONAL CENTER FOR 
SCHOLARS 
SALARIES AND EXPENSES 
For expenses necessary in carrying out the provisions 
of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 
1356) including hire of passenger vehicles and services as 
authorized by 5 U.S.C. 3109, $10,500,000, to remain 
available until September 30, 2018. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
$149,849,000 shall be available to the National Endow-
ment for the Arts for the support of projects and produc-
tions in the arts, including arts education and public out-
reach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program 
support, and for administering the functions of the Act, 
to remain available until expended. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965,
125 
$149,848,000, to remain available until expended, of 
which $139,148,000 shall be available for support of ac-
tivities in the humanities, pursuant to section 7(c) of the 
Act and for administering the functions of the Act; and 
$10,700,000 shall be available to carry out the matching 
grants program pursuant to section 10(a)(2) of the Act, 
including $8,500,000 for the purposes of section 7(h): 
Provided, That appropriations for carrying out section 
10(a)(2) shall be available for obligation only in such 
amounts as may be equal to the total amounts of gifts, 
bequests, devises of money, and other property accepted 
by the chairman or by grantees of the National Endow-
ment for the Humanities under the provisions of sections 
11(a)(2)(B) and 11(a)(3)(B) during the current and pre-
ceding fiscal years for which equal amounts have not pre-
viously been appropriated. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used 
to process any grant or contract documents which do not 
include the text of 18 U.S.C. 1913: Provided, That none 
of the funds appropriated to the National Foundation on 
the Arts and the Humanities may be used for official re-
ception and representation expenses: Provided further, 
That funds from nonappropriated sources may be used as
126 
necessary for official reception and representation ex-
penses: Provided further, That the Chairperson of the Na-
tional Endowment for the Arts may approve grants of up 
to $10,000, if in the aggregate the amount of such grants 
does not exceed 5 percent of the sums appropriated for 
grantmaking purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms 
of an expressed and direct delegation of authority from 
the National Council on the Arts to the Chairperson. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses of the Commission of Fine Arts under 
chapter 91 of title 40, United States Code, $2,762,000: 
Provided, That the Commission is authorized to charge 
fees to cover the full costs of its publications, and such 
fees shall be credited to this account as an offsetting col-
lection, to remain available until expended without further 
appropriation: Provided further, That the Commission is 
authorized to accept gifts, including objects, papers, art-
work, drawings and artifacts, that pertain to the history 
and design of the Nation’s Capital or the history and ac-
tivities of the Commission of Fine Arts, for the purpose 
of artistic display, study or education: Provided further, 
That one-tenth of one percent of the funds provided under
127 
this heading may be used for official reception and rep-
resentation expenses. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956a), $2,000,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89–665), $6,480,000. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Capital Plan-
ning Commission under chapter 87 of title 40, United 
States Code, including services as authorized by 5 U.S.C. 
3109, $8,099,000: Provided, That one-quarter of 1 per-
cent of the funds provided under this heading may be used 
for official reception and representational expenses associ-
ated with hosting international visitors engaged in the 
planning and physical development of world capitals. 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as 
authorized by Public Law 106–292 (36 U.S.C. 2301– 
2310), $57,000,000, of which $1,215,000 shall remain 
available until September 30, 2019, for the Museum’s
128 
equipment replacement program; and of which $2,500,000 
for the Museum’s repair and rehabilitation program and 
$1,264,000 for the Museum’s outreach initiatives program 
shall remain available until expended. 
TITLE IV 
GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
RESTRICTION ON USE OF FUNDS 
SEC. 401. No part of any appropriation contained in 
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to 
promote public support or opposition to any legislative 
proposal on which Congressional action is not complete 
other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913. 
OBLIGATION OF APPROPRIATIONS 
SEC. 402. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
REPROGRAMMING PROCEDURES, DISCLOSURE OF 
ADMINISTRATIVE EXPENSES, AND OPERATING PLANS 
SEC. 403. (a) DEFINITIONS.—For the purposes of 
this section: 
(1) ‘‘Reprogramming’’ includes:
129 
(A) The reallocation of funds from one 
program, project, or activity, to another within 
any appropriation funded in this Act. 
(B) For construction, land acquisition, and 
forest legacy accounts, the reallocation of funds, 
including unobligated balances, from one con-
struction, land acquisition, or forest legacy 
project to another such project. 
(C) An operating plan or any later modi-
fication thereof submitted under subsection (i) 
of this section. 
(D) Proposed reorganizations even without 
a change in funding, including any change to 
the organization table presented in the budget 
justification. 
(2) ‘‘Program’’, ‘‘project’’, and ‘‘activity’’ con-
stitute the delineation below the appropriation ac-
count level of any agency funded by this Act, as 
shown in any table of the report accompanying this 
Act. 
(3) ‘‘Funds’’ includes funds provided in this Act 
or previous appropriations Acts that are available 
for obligation in the current fiscal year and any 
amounts available for obligation in the current fiscal 
year derived from collections, fees or charges.
130 
(4) ‘‘Assessment’’ is any overhead charge, de-
duction, reserve or holdback, including working cap-
ital fund and cost pool charges, from any program, 
project, and activity to support government-wide, de-
partmental, agency, or bureau administrative func-
tions or headquarters, regional, or central operations 
or to provide for contingencies. 
(b) GENERAL GUIDELINES FOR REPROGRAMMING.— 
(1) A reprogramming should be made only 
when an unforeseen situation arises, and then only 
if postponement of the project or the activity until 
the next appropriation year would result in actual 
loss or damage. 
(2) Any project or activity, which may be de-
ferred through reprogramming, shall not later be ac-
complished by means of further reprogramming, but 
instead, funds should again be sought for the de-
ferred project or activity through the regular appro-
priations process. 
(3) Except under the most urgent situations, 
reprogramming should not be employed to initiate 
new programs or increase allocations specifically de-
nied or limited by the Congress, or to decrease allo-
cations specifically increased by the Congress.
131 
(4) New programs requested in the budget 
should not be initiated before enactment of the bill 
without notification to, and the approval of, the 
Committees on Appropriations of the House of Rep-
resentatives and the Senate (hereinafter ‘‘the Com-
mittees’’). This restriction applies to all such actions 
regardless of whether a formal reprogramming of 
funds is required to begin the program. 
(c) CRITERIA.— 
(1) A reprogramming shall be submitted to the 
Committees in writing 30 days prior to implementa-
tion if— 
(A) it exceeds $1,000,000 individually or 
cumulatively or results in a cumulative increase 
or decrease of more than 10 percent of funds 
annually in any affected program, project, or 
activity; 
(B) it is a reorganization; or 
(C) it is an operating plan or any later 
modification thereof as submitted under sub-
section (i) of this section: Provided, That such 
plan or modification thereof also meets any of 
the other criteria under subsection (c)(1) of this 
section.
132 
(2) No funds shall be available for obligation or 
expenditure through a reprogramming until 30 days 
after the receipt by the Committees of a notice of 
proposed reprogramming. 
(3) A reprogramming shall be considered ap-
proved 30 days after receipt if the Committees have 
posed no objection. However, agencies will be ex-
pected to extend the approval deadline if specifically 
requested by either Committee. 
(d) EXCEPTIONS.— 
(1) With regard to the tribal priority allocations 
of the Bureau of Indian Affairs, there is no restric-
tion on reprogrammings among these programs. 
However, 
the 
Bureau 
shall 
report 
on 
all 
reprogrammings made during a given fiscal year no 
later than 60 days after the end of the fiscal year. 
(2) With regard to the Environmental Protec-
tion Agency, State and Tribal Assistance Grants ac-
count, the Committees do not require reprogram-
ming requests associated with States and Tribes 
Partnership Grants. 
(e) ASSESSMENTS.— 
(1) No assessment shall be levied or collected 
unless such assessment and the basis therefor are 
presented to the Committees in the budget justifica-
133 
tions and are subsequently approved by the Commit-
tees. The explanation for any assessment in the 
budget justification shall show the amount of the as-
sessment, the activities assessed, and the purpose of 
the funds. 
(2) Proposed changes to estimated assessments, 
as such estimates were presented in annual budget 
justifications, shall be submitted through the re-
programming process set out in this section and 
shall be subject to the same dollar and reporting cri-
teria as any other reprogramming. 
(3) Each department, agency or bureau that 
utilizes assessments shall submit an annual report to 
the Committees which provides details on the use of 
all funds assessed from any other program, project, 
or activity. 
(4) In no case shall contingency funds or as-
sessments be used to finance agency actions dis-
approved or limited by the Congress. 
(f) LAND ACQUISITIONS, EASEMENTS, AND FOREST 
LEGACY.—Lands shall not be acquired for more than the 
approved appraised value (as addressed in section 301(3) 
of Public Law 91–646), unless such acquisitions are sub-
mitted to the Committees for approval in compliance with 
these procedures.
134 
(g) LAND EXCHANGES.—Land exchanges, wherein 
the estimated value of the Federal lands to be exchanged 
is greater than $1,000,000, shall not be consummated 
until the Committees have had a 30-day period in which 
to examine the proposed exchange. In addition, the Com-
mittees shall be provided advance notification of exchanges 
valued between $500,000 and $1,000,000. 
(h) BUDGET STRUCTURE.—The program, project, 
and activity structure for any agency appropriation ac-
count shall not be altered without advance approval of the 
Committees. 
(i) OPERATING PLANS.—Not later than 60 days after 
the date of enactment of this Act, each department or 
agency funded by this Act shall submit an operating plan 
to the Committees to establish the baseline for application 
of reprogramming for the current fiscal year. The oper-
ating plan shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by the Congress, enacted 
rescissions, if appropriate, and the fiscal year en-
acted level; 
(2) a delineation in the table for each appro-
priation by program, project, and activity for the re-
spective appropriation; and
135 
(3) an identification of items of special congres-
sional interest. 
MINING APPLICATIONS 
SEC. 404. (a) LIMITATION OF FUNDS.—None of the 
funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended to accept or 
process applications for a patent for any mining or mill 
site claim located under the general mining laws. 
(b) EXCEPTIONS.—Subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all re-
quirements established under sections 2325 and 2326 of 
the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims, sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 
claims, and section 2337 of the Revised Statutes (30 
U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date. 
(c) REPORT.—On September 30, 2018, the Secretary 
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Natural 
Resources of the House and the Committee on Energy and 
Natural Resources of the Senate a report on actions taken 
by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Re-
136 
lated Agencies Appropriations Act, 1997 (Public Law 
104–208). 
(d) MINERAL EXAMINATIONS.—In order to process 
patent applications in a timely and responsible manner, 
upon the request of a patent applicant, the Secretary of 
the Interior shall allow the applicant to fund a qualified 
third-party contractor to be selected by the Director of the 
Bureau of Land Management to conduct a mineral exam-
ination of the mining claims or mill sites contained in a 
patent application as set forth in subsection (b). The Bu-
reau of Land Management shall have the sole responsi-
bility to choose and pay the third-party contractor in ac-
cordance with the standard procedures employed by the 
Bureau of Land Management in the retention of third- 
party contractors. 
CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION 
SEC. 405. Sections 405 and 406 of division F of the 
Consolidated and Further Continuing Appropriations Act, 
2015 (Public Law 113–235) shall continue in effect in fis-
cal year 2017. 
CONTRACT SUPPORT COSTS, FISCAL YEAR 2017 
LIMITATION 
SEC. 406. Amounts provided by this Act for fiscal 
year 2017 under the headings ‘‘Department of Health and 
Human Services, Indian Health Service, Contract Support 
Costs’’ and ‘‘Department of the Interior, Bureau of Indian
137 
Affairs and Bureau of Indian Education, Contract Sup-
port Costs’’ are the only amounts available for contract 
support costs arising out of self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding 
agreements for fiscal year 2017 with the Bureau of Indian 
Affairs or the Indian Health Service: Provided, That such 
amounts provided by this Act are not available for pay-
ment of claims for contract support costs for prior years, 
or for repayments of payments for settlements or judg-
ments awarding contract support costs for prior years. 
FOREST MANAGEMENT PLANS 
SEC. 407. The Secretary of Agriculture shall not be 
considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 
more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing 
in this section exempts the Secretary from any other re-
quirement of the Forest and Rangeland Renewable Re-
sources Planning Act (16 U.S.C. 1600 et seq.) or any 
other law: Provided, That if the Secretary is not acting 
expeditiously and in good faith, within the funding avail-
able, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan 
and a court of proper jurisdiction may order completion 
of the plan on an accelerated basis.
138 
PROHIBITION WITHIN NATIONAL MONUMENTS 
SEC. 408. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities 
under either the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) within the boundaries of a National Monu-
ment established pursuant to the Act of June 8, 1906 (16 
U.S.C. 431 et seq.) as such boundary existed on January 
20, 2001, except where such activities are allowed under 
the Presidential proclamation establishing such monu-
ment. 
LIMITATION ON TAKINGS 
SEC. 409. Unless otherwise provided herein, no funds 
appropriated in this Act for the acquisition of lands or 
interests in lands may be expended for the filing of dec-
larations of taking or complaints in condemnation without 
the approval of the House and Senate Committees on Ap-
propriations: Provided, That this provision shall not apply 
to funds appropriated to implement the Everglades Na-
tional Park Protection and Expansion Act of 1989, or to 
funds appropriated for Federal assistance to the State of 
Florida to acquire lands for Everglades restoration pur-
poses. 
TIMBER SALE REQUIREMENTS 
SEC. 410. No timber sale in Alaska’s Region 10 shall 
be advertised if the indicated rate is deficit (defined as
139 
the value of the timber is not sufficient to cover all logging 
and stumpage costs and provide a normal profit and risk 
allowance under the Forest Service’s appraisal process) 
when appraised using a residual value appraisal. The west-
ern red cedar timber from those sales which is surplus 
to the needs of the domestic processors in Alaska, shall 
be made available to domestic processors in the contiguous 
48 United States at prevailing domestic prices. All addi-
tional western red cedar volume not sold to Alaska or con-
tiguous 48 United States domestic processors may be ex-
ported to foreign markets at the election of the timber sale 
holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder. 
PROHIBITION ON NO-BID CONTRACTS 
SEC. 411. None of the funds appropriated or other-
wise made available by this Act to executive branch agen-
cies may be used to enter into any Federal contract unless 
such contract is entered into in accordance with the re-
quirements of Chapter 33 of title 41, United States Code, 
or Chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless— 
(1) Federal law specifically authorizes a con-
tract to be entered into without regard for these re-
quirements, including formula grants for States, or 
federally recognized Indian tribes; or
140 
(2) such contract is authorized by the Indian 
Self-Determination and Education Assistance Act 
(Public Law 93–638, 25 U.S.C. 450 et seq.) or by 
any other Federal laws that specifically authorize a 
contract within an Indian tribe as defined in section 
4(e) of that Act (25 U.S.C. 450b(e)); or 
(3) such contract was awarded prior to the date 
of enactment of this Act. 
POSTING OF REPORTS 
SEC. 412. (a) Any agency receiving funds made avail-
able in this Act, shall, subject to subsections (b) and (c), 
post on the public website of that agency any report re-
quired to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days.
141 
NATIONAL ENDOWMENT FOR THE ARTS GRANT 
GUIDELINES 
SEC. 413. Of the funds provided to the National En-
dowment for the Arts— 
(1) The Chairperson shall only award a grant 
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship. 
(2) The Chairperson shall establish procedures 
to ensure that no funding provided through a grant, 
except a grant made to a State or local arts agency, 
or regional group, may be used to make a grant to 
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments 
made in exchange for goods and services. 
(3) No grant shall be used for seasonal support 
to a group, unless the application is specific to the 
contents of the season, including identified programs 
or projects. 
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM 
PRIORITIES 
SEC. 414. (a) In providing services or awarding fi-
nancial assistance under the National Foundation on the 
Arts and the Humanities Act of 1965 from funds appro-
142 
priated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given 
to providing services or awarding financial assistance for 
projects, productions, workshops, or programs that serve 
underserved populations. 
(b) In this section: 
(1) The term ‘‘underserved population’’ means 
a population of individuals, including urban minori-
ties, who have historically been outside the purview 
of arts and humanities programs due to factors such 
as a high incidence of income below the poverty line 
or to geographic isolation. 
(2) The term ‘‘poverty line’’ means the poverty 
line (as defined by the Office of Management and 
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant 
Act (42 U.S.C. 9902(2))) applicable to a family of 
the size involved. 
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and 
Humanities Act of 1965 with funds appropriated by this 
Act, the Chairperson of the National Endowment for the 
Arts shall ensure that priority is given to providing serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
143 
knowledge, education, understanding, and appreciation of 
the arts. 
(d) With funds appropriated by this Act to carry out 
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965— 
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or 
are able to tour several States; 
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds 
to any single State, excluding grants made under the 
authority of paragraph (1); 
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by 
the Chairperson in each grant category under sec-
tion 5 of such Act; and 
(4) the Chairperson shall encourage the use of 
grants to improve and support community-based 
music performance and education. 
STATUS OF BALANCES OF APPROPRIATIONS 
SEC. 415. The Department of the Interior, the Envi-
ronmental Protection Agency, the Forest Service, and the 
Indian Health Service shall provide the Committees on 
Appropriations of the House of Representatives and Sen-
144 
ate quarterly reports on the status of balances of appro-
priations including all uncommitted, committed, and unob-
ligated funds in each program and activity. 
REPORT ON USE OF CLIMATE CHANGE FUNDS 
SEC. 416. Not later than 120 days after the date on 
which the President’s fiscal year 2018 budget request is 
submitted to the Congress, the President shall submit a 
comprehensive report to the Committees on Appropria-
tions of the House of Representatives and the Senate de-
scribing in detail all Federal agency funding, domestic and 
international, for climate change programs, projects, and 
activities in fiscal years 2016 and 2017, including an ac-
counting of funding by agency with each agency identi-
fying climate change programs, projects, and activities 
and associated costs by line item as presented in the Presi-
dent’s Budget Appendix, and including citations and link-
ages where practicable to each strategic plan that is driv-
ing funding within each climate change program, project, 
and activity listed in the report. 
PROHIBITION ON USE OF FUNDS 
SEC. 417. Notwithstanding any other provision of 
law, none of the funds made available in this Act or any 
other Act may be used to promulgate or implement any 
regulation requiring the issuance of permits under title V 
of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
145 
dioxide, nitrous oxide, water vapor, or methane emissions 
resulting from biological processes associated with live-
stock production. 
GREENHOUSE GAS REPORTING RESTRICTIONS 
SEC. 418. Notwithstanding any other provision of 
law, none of the funds made available in this or any other 
Act may be used to implement any provision in a rule, 
if that provision requires mandatory reporting of green-
house gas emissions from manure management systems. 
MODIFICATION OF AUTHORITIES 
SEC. 419. (a) Section 8162(m)(3) of the Department 
of Defense Appropriations Act, 2000 (40 U.S.C. 8903 
note; Public Law 106–79) is amended by striking ‘‘Sep-
tember 30, 2016’’ and inserting ‘‘September 30, 2017’’. 
(b) For fiscal year 2017, the authority provided by 
the provisos under the heading ‘‘Dwight D. Eisenhower 
Memorial Commission—Capital Construction’’ in division 
E of Public Law 112–74 shall not be in effect. 
FUNDING PROHIBITION 
SEC. 420. None of the funds made available by this 
or any other Act may be used to regulate the lead content 
of ammunition, ammunition components, or fishing tackle 
under the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) or any other law.
146 
EXTENSION OF GRAZING PERMITS 
SEC. 421. The terms and conditions of section 325 
of Public Law 108–108 (117 Stat. 1307), regarding graz-
ing permits issued by the Forest Service on any lands not 
subject to administration under section 402 of the Federal 
Lands Policy and Management Act (43 U.S.C. 1752), 
shall remain in effect for fiscal year 2017. 
RECREATION FEE 
SEC. 422. Section 810 of the Federal Lands Recre-
ation Enhancement Act (16 U.S.C. 6809) is amended by 
striking ‘‘September 30, 2017’’ and inserting ‘‘September 
30, 2018’’. 
STEWARDSHIP CONTRACTING AMENDMENTS 
SEC. 423. Section 604(d) of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6591c(d)) is amended— 
(1) in paragraph (5), by adding at the end the 
following: ‘‘Notwithstanding section 2 of the Act of 
July 31, 1947 (commonly known as the Materials 
Act of 1947; 30 U.S.C. 602), the Director may enter 
into an agreement or contract under subsection 
(b).’’; and 
(2) in paragraph (7)— 
(A) by striking ‘‘and the Director’’; and 
(B) by inserting ‘‘entered into by the 
Chief’’ after ‘‘contracts and agreements’’.
147 
FUNDING PROHIBITION 
SEC. 424. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities. 
DEFINITION OF FILL MATERIAL 
SEC. 425. None of the funds made available in this 
Act or any other Act may be used by the Environmental 
Protection Agency to develop, adopt, implement, admin-
ister, or enforce any change to the regulations in effect 
on October 1, 2012, pertaining to the definitions of the 
terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 
purposes of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
CLARIFICATION OF EXEMPTIONS 
SEC. 426. Notwithstanding section 404(f)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(2)), none of the funds made available by this Act 
may be used to require a permit for the discharge of 
dredged or fill material under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) for the activities
148 
identified in subparagraphs (A) and (C) of section 
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
WATERS OF THE UNITED STATES 
SEC. 427. None of the funds made available in this 
Act or any other Act for any fiscal year may be used to 
develop, adopt, implement, administer, or enforce any 
change to the regulations and guidance in effect on Octo-
ber 1, 2012, pertaining to the definition of waters under 
the jurisdiction of the Federal Water Pollution Control 
Act (33 U.S.C. 1251, et seq.), including the provisions of 
the rules dated November 13, 1986, and August 25, 1993, 
relating to said jurisdiction, and the guidance documents 
dated January 15, 2003, and December 2, 2008, relating 
to said jurisdiction. 
HUNTING, FISHING, AND RECREATIONAL SHOOTING ON 
FEDERAL LAND 
SEC. 428. (a) LIMITATION ON USE OF FUNDS.— 
None of the funds made available by this or any other 
Act for any fiscal year may be used to prohibit the use 
of or access to Federal land (as such term is defined in 
section 3 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6502)) for hunting, fishing, or recreational 
shooting if such use or access— 
(1) was not prohibited on such Federal land as 
of January 1, 2013; and
149 
(2) was conducted in compliance with the re-
source management plan (as defined in section 101 
of such Act (16 U.S.C. 6511)) applicable to such 
Federal land as of January 1, 2013. 
(b) TEMPORARY CLOSURES ALLOWED.—Notwith-
standing subsection (a), the Secretary of the Interior or 
the Secretary of Agriculture may temporarily close, for a 
period not to exceed 30 days, Federal land managed by 
the Secretary to hunting, fishing, or recreational shooting 
if the Secretary determines that the temporary closure is 
necessary to accommodate a special event or for public 
safety reasons. The Secretary may extend a temporary clo-
sure for one additional 90-day period only if the Secretary 
determines the extension is necessary because of extraor-
dinary weather conditions or for public safety reasons. 
(c) AUTHORITY OF STATES.—Nothing in this section 
shall be construed as affecting the authority, jurisdiction, 
or responsibility of the several States to manage, control, 
or regulate fish and resident wildlife under State law or 
regulations. 
LEAD TEST KIT 
SEC. 429. None of the funds made available by this 
Act may be used to enforce regulations under sections 
745.84 and 745.86 of title 40, Code of Federal Regula-
tions, or any subsequent amendments to such regulations,
150 
until the Administrator of the Environmental Protection 
Agency— 
(1) publicizes Environmental Protection Agency 
recognition of a commercially available lead test kit 
that meets both criteria under section 745.88(c) of 
title 40, Code of Federal Regulations; or 
(2) solicits public comment on alternatives to 
subpart E of part 745 of title 40, Code of Federal 
Regulations, following the date of enactment of this 
Act. 
FINANCIAL ASSURANCE 
SEC. 430. None of the funds made available by this 
Act may be used to develop, propose, finalize, implement, 
enforce, or administer any regulation that would establish 
new financial responsibility requirements pursuant to sec-
tion 108(b) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)). 
GHG NSPS 
SEC. 431. None of the funds made available by this 
Act shall be used to propose, finalize, implement, or en-
force— 
(1) any standard of performance under section 
111(b) of the Clean Air Act (42 U.S.C. 7411(b)) for 
any new fossil fuel-fired electricity utility generating
151 
unit if the Administrator of the Environmental Pro-
tection Agency’s determination that a technology is 
adequately demonstrated includes consideration of 
one or more facilities for which assistance is pro-
vided (including any tax credit) under subtitle A of 
title IV of the Energy Policy Act of 2005 (42 U.S.C. 
15961 et seq.) or section 48A of the Internal Rev-
enue Code of 1986; 
(2) any regulation or guidance under section 
111(b) of the Clean Air Act (42 U.S.C. 7411(b)) es-
tablishing any standard of performance for emis-
sions of any greenhouse gas from any modified or 
reconstructed source that is a fossil fuel-fired elec-
tric utility generating unit; or 
(3) any regulation or guidance under section 
111(d) of the Clean Air Act (42 U.S.C. 7411(d)) 
that applies to the emission of any greenhouse gas 
by an existing source that is a fossil fuel-fired elec-
tric utility generating unit. 
AVAILABILITY OF VACANT GRAZING ALLOTMENTS 
SEC. 432. The Secretary of the Interior, with respect 
to public lands administered by the Bureau of Land Man-
agement, and the Secretary of Agriculture, with respect 
to the National Forest System lands, shall make vacant 
grazing allotments available to a holder of a grazing per-
152 
mit or lease issued by either Secretary if the lands covered 
by the permit or lease or other grazing lands used by the 
holder of the permit or lease are unusable because of 
drought or wildfire, as determined by the Secretary con-
cerned. The terms and conditions contained in a permit 
or lease made available pursuant to this section shall be 
the same as the terms and conditions of the most recent 
permit or lease that was applicable to the vacant grazing 
allotment made available. Section 102 of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332) shall 
not apply with respect to any Federal agency action under 
this section. 
PROTECTION OF WATER RIGHTS 
SEC. 433. None of the funds made available in this 
or any other Act may be used to condition the issuance, 
renewal, amendment, or extension of any permit, approval, 
license, lease, allotment, easement, right-of-way, or other 
land use or occupancy agreement on the transfer of any 
water right, including sole and joint ownership, directly 
to the United States, or any impairment of title, in whole 
or in part, granted or otherwise recognized under State 
law, by Federal or State adjudication, decree, or other 
judgment, or pursuant to any interstate water compact. 
Additionally, none of the funds made available in this or 
any other Act may be used to require any water user to
153 
apply for or acquire a water right in the name of the 
United States under State law as a condition of the 
issuance, renewal, amendment, or extension of any permit, 
approval, license, lease, allotment, easement, right-of-way, 
or other land use or occupancy agreement. 
LIMITATION ON STATUS CHANGES 
SEC. 434. None of the funds made available by this 
Act shall be used to propose, finalize, implement, or en-
force any regulation or guidance under Section 612 of the 
Clean Air Act (42 U.S.C. 7671k) that changes the status 
from acceptable to unacceptable for purposes of the Sig-
nificant New Alternatives Policy (SNAP) program of any 
hydrofluorocarbon used as a refrigerant or in foam blow-
ing agents, applications or uses. Nothing in this section 
shall prevent EPA from approving new materials, applica-
tions or uses as acceptable under the SNAP program. 
USE OF AMERICAN IRON AND STEEL 
SEC. 435. (a)(1) None of the funds made available 
by a State water pollution control revolving fund as au-
thorized by section 1452 of the Safe Drinking Water Act 
(42 U.S.C. 300j–12) shall be used for a project for the 
construction, alteration, maintenance, or repair of a public 
water system or treatment works unless all of the iron and 
steel products used in the project are produced in the 
United States.
154 
(2) In this section, the term ‘‘iron and steel’’ products 
means the following products made primarily of iron or 
steel: lined or unlined pipes and fittings, manhole covers 
and other municipal castings, hydrants, tanks, flanges, 
pipe clamps and restraints, valves, structural steel, rein-
forced precast concrete, and construction materials. 
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the Administrator of the Environ-
mental Protection Agency (in this section referred to as 
the ‘‘Administrator’’) finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron and steel products are not produced in 
the United States in sufficient and reasonably avail-
able quantities and of a satisfactory quality; or 
(3) inclusion of iron and steel products pro-
duced in the United States will increase the cost of 
the overall project by more than 25 percent. 
(c) If the Administrator receives a request for a waiv-
er under this section, the Administrator shall make avail-
able to the public on an informal basis a copy of the re-
quest and information available to the Administrator con-
cerning the request, and shall allow for informal public 
input on the request for at least 15 days prior to making 
a finding based on the request. The Administrator shall
155 
make the request and accompanying information available 
by electronic means, including on the official public Inter-
net Web site of the Environmental Protection Agency. 
(d) This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
(e) The Administrator may retain up to 0.25 percent 
of the funds appropriated in this Act for the Clean and 
Drinking Water State Revolving Funds for carrying out 
the provisions described in subsection (a)(1) for manage-
ment and oversight of the requirements of this section. 
SOCIAL COST OF CARBON 
SEC. 436. None of the funds made available by this 
or any other Act shall be used for the social cost of carbon 
(SCC) to be incorporated into any rulemaking or guidance 
document until a new Interagency Working Group (IWG) 
revises the estimates using the discount rates and the do-
mestic-only limitation on benefits estimates in accordance 
with Executive Order No. 12866 and OMB Circular A– 
4 as of January 1, 2015: Provided, That such IWG shall 
provide to the public all documents, models, and assump-
tions used in developing the SCC and solicit public com-
ment prior to finalizing any revised estimates.
156 
LIMITATION ON USE OF FUNDS FOR DESIGNATED 
REPRESENTATIVES 
SEC. 437. None of the funds made available by this 
or any other Act may be used to implement or enforce, 
or to require States to implement or enforce, the provi-
sions of 40 CFR 170.311(b)(9) as published in the Fed-
eral Register on November 2, 2015. 
OZONE 
SEC. 438. To implement the national ambient air 
quality standards for ozone published in the Federal Reg-
ister on October 26, 2015 (80 Fed. Reg. 65292): 
(1) the Governor of each State shall designate 
areas of the State as attainment, nonattainment, or 
unclassifiable with respect to the standards not later 
than October 26, 2024; 
(2) the Administrator of the Environmental 
Protection Agency shall promulgate final designa-
tions for all areas in all States with respect to the 
standards not later than October 26, 2025; 
(3) each State shall submit the plan required by 
section 110(a)(1) of the Clean Air Act (42 U.S.C. 
7410(a)(1)) for the standards not later than October 
26, 2026; 
(4) the standards shall not apply to the review 
and disposition of a preconstruction permit applica-
tion required under part C or D of title I of the
157 
Clean Air Act (42 U.S.C. 7470 et seq.) if the Ad-
ministrator or the State, local or tribal permitting 
authority, as applicable, has determined the applica-
tion to be complete prior to the date of promulgation 
of final designations, or has published a public no-
tice of a preliminary determination or draft permit 
before the date that is 60 days after the date of pro-
mulgation of final designations; and 
(5) the provisions of subsections (1) through 
(4) above shall apply notwithstanding the deadlines 
set forth in Section 107(d) of the Clean Air Act (42 
U.S.C. 7407(d)) and Section 110(a)(1) of the Clean 
Air Act (42 U.S.C. 7410(a)(1)). 
METHANE EMISSIONS 
SEC. 439. None of the funds made available by this 
Act shall be used to develop, propose, finalize, implement 
or enforce— 
(1) any rule or guideline to address methane 
emissions from sources in the oil and natural gas 
sector under Sections 111(b) or (d) of the Clean Air 
Act (42 U.S.C. 7411(b), 7411(d)); 
(2) any rule changing the term ‘‘adjacent’’ for 
purposes of defining ‘‘stationary source’’ and ‘‘major 
source’’ as applied to the oil and gas sector under 
the Clean Air Act; and
158 
(3) proposed Draft Control Techniques Guide-
lines for the Oil and Natural Gas Industry released 
September 18, 2015 (80 Fed. Reg. 56577). 
ROYALTY RATES 
SEC. 440. None of the funds made available by this 
Act may be used to implement any changes to royalty 
rates or product valuation regulations under Federal coal, 
oil, and gas leasing programs. 
PROGRAM REVIEW 
SEC. 441. (a) TERMINATION.—Secretarial Order 
3338, issued by the Secretary of the Interior on January 
15, 2016, shall have no force or effect on and after the 
earlier of— 
(1) September 30, 2017; or 
(2) the date of publication of notice under sub-
section (b). 
(b) PUBLICATION OF NOTICE.—The Secretary of the 
Interior shall promptly publish notice of the completion 
of the Programmatic Environmental Impact Statement di-
rected to be prepared under that order. 
NATIONAL GALLERY OF ART 
SEC. 442. Section 6301(2) of title 40, United States 
Code, is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘The National Gallery of Art’’ and in-
serting ‘‘(A) The National Gallery of Art’’;
159 
(2) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
and 
(3) by adding at the end the following new sub-
paragraph: ‘‘(B) All other buildings, service roads, 
walks, and other areas within the exterior bound-
aries of any real estate or land or interest in land 
(including temporary use) that the National Gallery 
of Art acquires and that the Director of the Na-
tional Gallery of Art determines to be necessary for 
the adequate protection of individuals or property in 
the National Gallery of Art and suitable for adminis-
tration as a part of the National Gallery of Art.’’. 
BLM PLANNING 2.0 RULEMAKING ON LAND USE 
PLANNING PROCEDURES 
SEC. 443. None of the funds made available by this 
Act may be used to promulgate, implement, administer, 
or enforce the rule published by the Bureau of Land Man-
agement in the Federal Register on February 25, 2016 
(81 Fed. Reg. 9673 et seq.; Fed. Reg. Doc. No. 2016– 
03232), to amend subparts 1601 and 1610 of title 43, 
Code of Federal Regulations, which establish the proce-
dures used to prepare, revise, or amend land use plans 
pursuant to the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.), until the Secretary of 
the Interior provides an additional 90-day period for pub-
160 
lic comments on the proposed rule and holds at least one 
more public meeting on the proposed rule in each of the 
eleven contiguous Western States (as defined in section 
103(o) of such Act (43 U.S.C. 1702(o))), Texas. and 
Oklahoma. 
HUMANE TRANSFER OF EXCESS ANIMALS 
SEC. 444. Notwithstanding any other provision of 
law, the Secretary of the Interior may transfer excess wild 
horses or burros that have been removed from the public 
lands to other Federal, State, and local government agen-
cies for use as work animals: Provided, That the Secretary 
may make any such transfer immediately upon request of 
such Federal, State, or local government agency: Provided 
further, That any excess animal transferred under this 
provision shall lose its status as a wild free-roaming horse 
or burro as defined in the Wild Free-Roaming Horses and 
Burros Act: Provided further, That any Federal, State, or 
local government agency receiving excess wild horses or 
burros as authorized in this section shall not destroy the 
horses or burros in a way that results in their destruction 
into commercial products, or sell or otherwise transfer the 
horses in a way that results in their destruction for proc-
essing into commercial products.
161 
LIMITATION
ON
USE
OF
FUNDS
FOR
TREATMENT
OF 
LESSER
PRAIRIE
CHICKEN
UNDER
ENDANGERED 
SPECIES ACT OF 1973 
SEC. 445. None of the funds made available by this 
Act shall be used to treat the lesser prairie chicken as an 
endangered species or threatened species, or a candidate 
for listing as such a species, under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.). 
INDIAN HEALTH GOVERNING BOARD 
SEC. 446. Not later than six months after the date 
of receipt by the Secretary of Health and Human Services 
of a written request from the tribe or tribes served by a 
hospital operated by the Indian Health Service, the Sec-
retary shall install a governance board exclusively for such 
hospital for a trial period of three years: Provided, That 
the governance board shall be comprised of Indian Health 
Service senior executives, elected tribal officials, and hos-
pital administration experts outside of the Indian Health 
Service system: Provided further, that the governance 
board shall follow industry-wide best practices: Provided 
further, that the governance board shall approve, oversee 
the implementation of, and evaluate metrics of quality 
care, patient safety and satisfaction, and finance: Provided 
further, that the governance board shall work with the In-
dian Health Service on developing standards and proce-
dures for employee recruitment, retention, training, com-
162 
munication, and dismissal to assure consistency with other 
high performing federally run health facilities: Provided 
further, that the hospital shall have a chief executive offi-
cer hired and accountable to the Director of the Indian 
Health Service who shall be a liaison between the Indian 
Health Service and the governance board: Provided fur-
ther, that the chief executive officer shall retain authority 
for all hospital personnel matters in accordance with exist-
ing law: Provided further, that the chief executive officer 
and the governance board shall sign a memorandum of 
understanding to share all pertinent hospital information 
while protecting individual privacy rights in accordance 
with existing law: Provided further, that the Secretary 
shall replace the chief executive officer upon receipt of a 
written request by the governance board: Provided further, 
that the governance board shall meet at the hospital regu-
larly: Provided further, that the governance board shall 
regularly communicate to the affected tribe or tribes, to 
the Secretary, and to the Congress: Provided further, that 
at the end of the trial period, the governance board shall 
publish and disseminate a report evaluating the aforemen-
tioned metrics and providing recommendations for any 
other tribe or tribes wanting to establish a similar govern-
ance board at any other hospital operated by the Indian 
Health Service: Provided further, that if a tribe moves
163 
from direct service delivery to delivery through contracting 
or compacting pursuant to Public Law 93–638, the tribe 
involved in the pilot has the opportunity to end the pilot 
and the opportunity to collaborate with the Indian Health 
Service to reconfigure a governance structure in which 
that Indian Health Service may upon request continue its 
participation in the governance structure in a contracted 
or compacted arrangement. 
SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR 
FLOW REQUIREMENTS 
SEC. 447. (a) To maximize water supplies for the 
Central Valley Project and the State Water Project, in im-
plementing the provisions of the smelt biological opinion 
or salmonid biological opinion, or any successor biological 
opinions or court orders, pertaining to management of re-
verse flow in the Old and Middle Rivers, the Secretary 
of the Interior shall— 
(1) consider the relevant provisions of the appli-
cable biological opinions or any successor biological 
opinions; 
(2) manage export pumping rates to achieve a 
reverse OMR flow rate of ¥5,000 cubic feet per sec-
ond unless existing information or that developed by 
the Secretary of the Interior under paragraphs (3) 
and (4) leads the Secretary to reasonably conclude, 
using the best scientific and commercial data avail-
164 
able, that a less negative OMR flow rate is necessary 
to avoid a significant negative impact on the long- 
term survival of the species covered by the smelt bio-
logical opinion or salmonid biological opinion. If the 
best scientific and commercial data available to the 
Secretary indicates that a reverse OMR flow rate 
more negative than ¥5,000 cubic feet per second 
can be established without an imminent negative im-
pact on the long-term survival of the species covered 
by the smelt biological opinion or salmonid biological 
opinion, the Secretary shall manage export pumping 
rates to achieve that more negative OMR flow rate; 
(3) document, in writing, any significant facts 
about real-time conditions relevant to the determina-
tions of OMR reverse flow rates, including— 
(A) whether targeted real-time fish moni-
toring pursuant to this section, including moni-
toring in the vicinity of Station 902, indicates 
that a significant negative impact on the long- 
term survival of species covered by the smelt bi-
ological opinion or salmonid biological opinion is 
imminent; and 
(B) whether near-term forecasts with avail-
able models show under prevailing conditions 
that OMR flow of ¥5,000 cubic feet per second
165 
or higher will cause a significant negative im-
pact on the long-term survival of species cov-
ered by the smelt biological opinion or salmonid 
biological opinion; 
(4) show, in writing, that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5,000 cubic feet per second is necessary to 
avoid a significant negative impact on the long-term 
survival of species covered by the smelt biological 
opinion or salmonid biological opinion, and provide, 
in writing, an explanation of the data examined and 
the connection between those data and the choice 
made, after considering— 
(A) 
the 
distribution 
of 
Delta 
smelt 
throughout the Delta; 
(B) the potential effects of documented, 
quantified entrainment on subsequent Delta 
smelt abundance; 
(C) the water temperature; 
(D) other significant factors relevant to 
the determination; and 
(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and
166 
(5) for any subsequent smelt biological opinion 
or salmonid biological opinion, make the showing re-
quired in paragraph (4) for any determination to 
manage OMR reverse flow at rates less negative 
than the most negative limit in the biological opinion 
if the most negative limit in the biological opinion is 
more negative than ¥5,000 cubic feet per second. 
(b) NO REINITIATION OF CONSULTATION.—In imple-
menting or at the conclusion of actions under subsection 
(a), the Secretary of the Interior or the Secretary of Com-
merce shall not reinitiate consultation on those adjusted 
operations unless there is a significant negative impact on 
the long-term survival of the species covered by the smelt 
biological opinion or salmonid biological opinion. Any ac-
tion taken under subsection (a) that does not create a sig-
nificant negative impact on the long-term survival to spe-
cies covered by the smelt biological opinion or salmonid 
biological opinion will not alter application of the take per-
mitted by the incidental take statement in the biological 
opinion under section 7(o)(2) of the Endangered Species 
Act of 1973. 
(c) CALCULATION OF REVERSE FLOW IN OMR.— 
Within 90 days of the enactment of this title, the Sec-
retary of the Interior is directed, in consultation with the 
California Department of Water Resources to revise the
167 
method used to calculate reverse flow in Old and Middle 
Rivers, for implementation of the reasonable and prudent 
alternatives in the smelt biological opinion and the 
salmonid biological opinion, and any succeeding biological 
opinions, for the purpose of increasing Central Valley 
Project and State Water Project water supplies. The 
method of calculating reverse flow in Old and Middle Riv-
ers shall be reevaluated not less than every five years 
thereafter to achieve maximum export pumping rates 
within limits established by the smelt biological opinion, 
the salmonid biological opinion, and any succeeding bio-
logical opinions. 
TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW 
STORMS OF THE WATER YEAR 
SEC. 448. (a) IN GENERAL.—Consistent with avoid-
ing an immediate significant negative impact on the long- 
term survival upon listed fish species over and above the 
range of impacts authorized under the Endangered Spe-
cies Act of 1973 and other environmental protections 
under subsection (d), the Secretary of the Interior and the 
Secretary of Commerce shall authorize the Central Valley 
Project and the California State Water Project, combined, 
to operate at levels that result in negative OMR flows at 
¥7,500 cubic feet per second (based on United States Ge-
ological Survey gauges on Old and Middle Rivers) daily
168 
average as described in subsections (b) and (c) to capture 
peak flows during storm events. 
(b) DAYS
OF TEMPORARY OPERATIONAL FLEXI-
BILITY.—The temporary operational flexibility described 
in subsection (a) shall be authorized on days that the Cali-
fornia Department of Water Resources determines the net 
Sacramento-San Joaquin River Delta outflow index is at, 
or above, 13,000 cubic feet per second. 
(c) COMPLIANCE WITH ENDANGERED SPECIES ACT 
AUTHORIZATIONS.—In carrying out this section, the Sec-
retary of the Interior and the Secretary of Commerce may 
continue to impose any requirements under the smelt bio-
logical opinion and salmonid biological opinion during any 
period of temporary operational flexibility as they deter-
mine are reasonably necessary to avoid additional signifi-
cant negative impacts on the long-term survival of a listed 
fish species over and above the range of impacts author-
ized under the Endangered Species Act of 1973, provided 
that the requirements imposed do not reduce water sup-
plies available for the Central Valley Project and the Cali-
fornia State Water Project. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) STATE LAW.—The actions of the Secretary 
of the Interior and the Secretary of Commerce under 
this section shall be consistent with applicable regu-
169 
latory requirements under State law. The foregoing 
does not constitute a waiver of sovereign immunity. 
(2) FIRST SEDIMENT FLUSH.—During the first 
flush of sediment out of the Sacramento-San Joa-
quin River Delta in each water year, and provided 
that such determination is based upon objective evi-
dence, OMR flow may be managed at rates less neg-
ative than ¥5,000 cubic feet per second for a min-
imum duration to avoid movement of adult Delta 
smelt (Hypomesus transpacificus) to areas in the 
southern Sacramento-San Joaquin River Delta that 
would be likely to increase entrainment at Central 
Valley Project and California State Water Project 
pumping plants. 
(3) APPLICABILITY OF OPINION.—This section 
shall not affect the application of the salmonid bio-
logical opinion from April 1 to May 31, unless the 
Secretary of Commerce finds, based on the best sci-
entific and commercial data available, that some or 
all of such applicable requirements may be adjusted 
during this time period to provide emergency water 
supply relief without resulting in additional adverse 
effects over and above the range of impacts author-
ized under the Endangered Species Act of 1973. In 
addition to any other actions to benefit water sup-
170 
ply, the Secretary of the Interior and the Secretary 
of Commerce shall consider allowing through-Delta 
water transfers to occur during this period if they 
can 
be 
accomplished 
consistent 
with 
section 
3405(a)(1)(H) of the Central Valley Project Im-
provement Act. Water transfers solely or exclusively 
through the California State Water Project that do 
not require any use of Reclamation facilities or ap-
proval by Reclamation are not required to be con-
sistent with section 3405(a)(1)(H) of the Central 
Valley Project Improvement Act. 
(4) MONITORING.—During operations under 
this section, the Commissioner of Reclamation, in 
coordination with the United States Fish and Wild-
life Service, National Marine Fisheries Service, and 
California Department of Fish and Wildlife, shall 
undertake expanded monitoring programs and other 
data gathering to improve Central Valley Project 
and California State Water Project water supplies, 
to ensure incidental take levels are not exceeded, and 
to identify potential negative impacts, if any, and ac-
tions necessary to mitigate impacts of the temporary 
operational flexibility to species listed under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
171 
(e) EFFECT OF HIGH OUTFLOWS.—In recognition of 
the high outflow levels from the Sacramento-San Joaquin 
River Delta during the days this section is in effect under 
subsection (b), the Secretary of the Interior and the Sec-
retary of Commerce shall not count such days toward the 
5-day and 14-day running averages of tidally filtered daily 
Old and Middle River flow requirements under the smelt 
biological opinion and salmonid biological opinion, as long 
as the Secretaries avoid significant negative impact on the 
long-term survival of listed fish species over and above the 
range of impacts authorized under the Endangered Spe-
cies Act of 1973. 
(f) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 
In articulating the determinations required under this sec-
tion, the Secretary of the Interior and the Secretary of 
Commerce shall fully satisfy the requirements herein but 
shall not be expected to provide a greater level of sup-
porting detail for the analysis than feasible to provide 
within the short timeframe permitted for timely decision 
making in response to changing conditions in the Sac-
ramento-San Joaquin River Delta. 
(g) OMR FLOWS.—The Secretary of the Interior and 
the Secretary of Commerce shall, through the adaptive 
management provisions in the salmonid biological opinion, 
limit OMR reverse flow to ¥5,000 cubic feet per second
172 
based on date-certain triggers in the salmonid biological 
opinions only if using real-time migration information on 
salmonids demonstrates that such action is necessary to 
avoid a significant negative impact on the long-term sur-
vival of listed fish species over and above the range of im-
pacts authorized under the Endangered Species Act of 
1973. 
(h) NO REINITIATION OF CONSULTATION.—In imple-
menting or at the conclusion of actions under this section, 
the Secretary of the Interior shall not reinitiate consulta-
tion on those adjusted operations if there is no immediate 
significant negative impact on the long-term survival of 
listed fish species over and above the range of impacts au-
thorized under the Endangered Species Act of 1973. Any 
action taken under this section that does not create an 
immediate significant negative impact on the long-term 
survival of listed fish species over and above the range of 
impacts authorized under the Endangered Species Act of 
1973 will not alter application of the take permitted by 
the incidental take statement in those biological opinions 
under section 7(o)(2) of the Endangered Species Act of 
1973. 
STATE WATER PROJECT OFFSET AND WATER RIGHTS 
PROTECTIONS 
SEC. 449. (a) OFFSET
FOR
STATE
WATER 
PROJECT.—
173 
(1) IMPLEMENTATION
IMPACTS.—The Sec-
retary of the Interior shall confer with the California 
Department of Fish and Wildlife in connection with 
the implementation of this section on potential im-
pacts to any consistency determination for oper-
ations of the State Water Project issued pursuant to 
California Fish and Game Code section 2080.1. 
(2) ADDITIONAL YIELD.—If, as a result of the 
application of this section, the California Depart-
ment of Fish and Wildlife— 
(A) determines that operations of the State 
Water Project are inconsistent with the consist-
ency determinations issued pursuant to Cali-
fornia Fish and Game Code section 2080.1 for 
operations of the State Water Project; or 
(B) requires take authorization under Cali-
fornia Fish and Game Code section 2081 for 
operation of the State Water Project in a man-
ner that directly or indirectly results in reduced 
water supply to the State Water Project as 
compared with the water supply available under 
the smelt biological opinion and the salmonid 
biological opinion; and as a result, Central Val-
ley Project yield is greater than it otherwise 
would have been, then that additional yield
174 
shall be made available to the State Water 
Project for delivery to State Water Project con-
tractors to offset that reduced water supply. 
(3) NOTIFICATION
RELATED
TO
ENVIRON-
MENTAL PROTECTIONS.—The Secretary of the Inte-
rior and Secretary of Commerce shall— 
(A) notify the Director of the California 
Department of Fish and Wildlife regarding any 
changes in the manner in which the smelt bio-
logical opinion or the salmonid biological opin-
ion is implemented; and 
(B) confirm that those changes are con-
sistent with the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(b) AREA OF ORIGIN AND WATER RIGHTS PROTEC-
TIONS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and the Secretary of Commerce, in carrying out 
the mandates of this section, shall take no action 
that— 
(A) diminishes, impairs, or otherwise af-
fects in any manner any area of origin, water-
shed of origin, county of origin, or any other 
water rights protection, including rights to
175 
water appropriated before December 19, 1914, 
provided under State law; 
(B) limits, expands or otherwise affects the 
application of section 10505, 10505.5, 11128, 
11460, 11461, 11462, 11463 or 12200 through 
12220 of the California Water Code or any 
other provision of State water rights law, with-
out respect to whether such a provision is spe-
cifically referred to in this section; or 
(C) diminishes, impairs, or otherwise af-
fects in any manner any water rights or water 
rights priorities under applicable law. 
(2) SECTION 7 OF THE ENDANGERED SPECIES 
ACT.—Any action proposed to be undertaken by the 
Secretary of the Interior and the Secretary of Com-
merce pursuant to both this section and section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) shall be undertaken in a manner that 
does not alter water rights or water rights priorities 
established by California law or it shall not be un-
dertaken at all. Nothing in this subsection affects 
the obligations of the Secretary of the Interior and 
the Secretary of Commerce under section 7 of the 
Endangered Species Act of 1973. 
(3) EFFECT OF ACT.—
176 
(A) Nothing in this section affects or modi-
fies any obligation of the Secretary of the Inte-
rior under section 8 of the Act of June 17, 
1902 (32 Stat. 390, chapter 1093). 
(B) Nothing in this section diminishes, im-
pairs, or otherwise affects in any manner any 
Project purposes or priorities for the allocation, 
delivery or use of water under applicable law, 
including the Project purposes and priorities es-
tablished under section 3402 and section 3406 
of the Central Valley Project Improvement Act 
(Public Law 102–575; 106 Stat. 4706). 
(c) NO REDIRECTED ADVERSE IMPACTS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and Secretary of Commerce shall not carry out 
any specific action authorized under this section that 
will directly or through State agency action indi-
rectly result in the involuntary reduction of water 
supply to an individual, district, or agency that has 
in effect a contract for water with the State Water 
Project or the Central Valley Project, including Set-
tlement and Exchange contracts, refuge contracts, 
and Friant Division contracts, as compared to the 
water supply that would be provided in the absence 
of action under this section, and nothing in this sec-
177 
tion is intended to modify, amend or affect any of 
the rights and obligations of the parties to such con-
tracts. 
(2) ACTION ON DETERMINATION.—If, after ex-
ploring all options, the Secretary of the Interior or 
the Secretary of Commerce makes a final determina-
tion that a proposed action under this section cannot 
be carried out in accordance with paragraph (1), 
that Secretary— 
(A) shall document that determination in 
writing for that action, including a statement of 
the facts relied on, and an explanation of the 
basis, for the decision; 
(B) may exercise the Secretary’s existing 
authority, including authority to undertake the 
drought-related actions otherwise addressed in 
this title, or to otherwise comply with other ap-
plicable law, including the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); and 
(C) shall comply with subsection (a). 
(d) ALLOCATIONS FOR SACRAMENTO VALLEY WATER 
SERVICE CONTRACTORS.— 
(1) DEFINITIONS.—In this subsection: 
(A) EXISTING CENTRAL VALLEY PROJECT 
AGRICULTURAL
WATER
SERVICE
CONTRACTOR
179 
(i) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Wet’’ year. 
(ii) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
Contractor within the Sacramento River 
Watershed in an ‘‘Above Normal’’ year. 
(iii) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or 
‘‘Wet’’ year. 
(iv) Not less than 50 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal’’, ‘‘Above Nor-
mal’’, or ‘‘Wet’’ year.
180 
(v) Subject to clause (ii), in any other 
year not identified in any of clauses (i) 
through (iv), not less than twice the alloca-
tion percentage to south-of-Delta Central 
Valley Project agricultural water service 
contractors, up to 100 percent. 
(B) EFFECT
OF
CLAUSE.—Nothing in 
clause (A)(v) precludes an allocation to an ex-
isting Central Valley Project agricultural water 
service contractor within the Sacramento River 
Watershed that is greater than twice the alloca-
tion percentage to a south-of-Delta Central Val-
ley Project agricultural water service con-
tractor. 
(3) PROTECTION OF ENVIRONMENT, MUNICIPAL 
AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC-
TORS.— 
(A) ENVIRONMENT.—Nothing in para-
graph (2) shall adversely affect— 
(i) the cold water pool behind Shasta 
Dam; 
(ii) the obligation of the Secretary of 
the Interior to make water available to 
managed wetlands pursuant to section 
3406(d) of the Central Valley Project Im-
181 
provement Act (Public Law 102–575; 106 
Stat. 4722); or 
(iii) any obligation— 
(I) of the Secretary of the Inte-
rior and the Secretary of Commerce 
under the smelt biological opinion, the 
salmonid biological opinion, or any 
other applicable biological opinion; or 
(II) under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et 
seq.) or any other applicable law (in-
cluding regulations). 
(B) MUNICIPAL
AND
INDUSTRIAL
SUP-
PLIES.—Nothing in paragraph (2)— 
(i) modifies any provision of a water 
Service contract that addresses municipal 
or industrial water shortage policies of the 
Secretary of the Interior and the Secretary 
of Commerce; 
(ii) affects or limits the authority of 
the Secretary of the Interior and the Sec-
retary of Commerce to adopt or modify 
municipal and industrial water shortage 
policies;
182 
(iii) affects or limits the authority of 
the Secretary of the Interior and the Sec-
retary of Commerce to implement a munic-
ipal or industrial water shortage policy; 
(iv) constrains, governs, or affects, di-
rectly or indirectly, the operations of the 
American River division of the Central Val-
ley Project or any deliveries from that divi-
sion or a unit or facility of that division; 
or 
(v) affects any allocation to a Central 
Valley Project municipal or industrial 
water service contractor by increasing or 
decreasing allocations to the contractor, as 
compared to the allocation the contractor 
would have received absent paragraph (2). 
(C) OTHER
CONTRACTORS.—Nothing in 
subsection (b)— 
(i) affects the priority of any indi-
vidual or entity with Sacramento River 
water rights, including an individual or en-
tity with a Sacramento River settlement 
contract, that has priority to the diversion 
and use of Sacramento River water over
183 
water rights held by the United States for 
operations of the Central Valley Project; 
(ii) affects the obligation of the 
United States to make a substitute supply 
of water available to the San Joaquin 
River exchange contractors; 
(iii) affects the allocation of water to 
Friant division contractors of the Central 
Valley Project; 
(iv) results in the involuntary reduc-
tion in contract water allocations to indi-
viduals or entities with contracts to receive 
water from the Friant division; or 
(v) authorizes any actions inconsistent 
with State water rights law. 
SEC. 450. None of the funds in this Act shall be avail-
able to implement the Stipulation of Settlement (Natural 
Resources Defense Council, et al. v. Kirk Rodgers, et al., 
Eastern District of California, No. Civ. 9 S–88–1658 
LKK/GGH) or subtitle A of title X of Public Law 111– 
11. 
SEC. 451. None of the funds in this Act shall be avail-
able for the purchase of water in the State of California 
to supplement instream flow within a river basin that has 
suffered a drought within the last 2 years.
184 
SEC. 452. The Commissioner of Reclamation is di-
rected to work with local water and irrigation districts in 
the Stanislaus River Basin to ascertain the water storage 
made available by the Draft Plan of Operations in New 
Melones Reservoir (DRPO) for water conservation pro-
grams, conjunctive use projects, water transfers, resched-
uled project water and other projects to maximize water 
storage and ensure the beneficial use of the water re-
sources in the Stanislaus River Basin. All such programs 
and projects shall be implemented according to all applica-
ble laws and regulations. The source of water for any such 
storage program at New Melones Reservoir shall be made 
available under a valid water right, consistent with the 
State water transfer guidelines and any other applicable 
State water law. The Commissioner shall inform the Con-
gress within 18 months setting forth the amount of stor-
age made available by the DRPO that has been put to 
use under this program, including proposals received by 
the Commissioner from interested parties for the purpose 
of this section. 
SEC. 453. None of the funds made available by this 
Act may be used to make a Presidential declaration by 
public proclamation of a national monument under chap-
ter 3203 of title 54, United States Code in the counties 
of Coconino, Maricopa, Mohave and Yavapai in the State