136 
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 
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 
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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. 
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-
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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 
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. 
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139 
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 
(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 
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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. 
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. 
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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-
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-
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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 
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 
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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-
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-
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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 
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 
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Memorial Commission—Capital Construction’’ in division 
E of Public Law 112–74 shall not be in effect. 
FUNDING PROHIBITION 
SEC. 420. None of the funds made available by this 
or any other Act may be used to regulate the lead content 
of ammunition, ammunition components, or fishing tackle 
under the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) or any other law. 
EXTENSION OF GRAZING PERMITS 
SEC. 421. The terms and conditions of section 325 
of Public Law 108–108 (117 Stat. 1307), regarding 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 
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Act of 1947; 30 U.S.C. 602), the Director may enter 
into an agreement or contract under subsection 
(b).’’; and 
(2) in paragraph (7)— 
(A) by striking ‘‘and the Director’’; and 
(B) by inserting ‘‘entered into by the 
Chief’’ after ‘‘contracts and agreements’’. 
FUNDING PROHIBITION 
SEC. 424. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out 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.). 
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CLARIFICATION OF EXEMPTIONS 
SEC. 426. Notwithstanding section 404(f)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(2)), none of the funds made available by this Act 
may be used to require a permit for the discharge of 
dredged or fill material under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) for the activities 
identified in subparagraphs (A) and (C) of section 
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
WATERS OF THE UNITED STATES 
SEC. 427. None of the funds made available in this 
Act or any other Act for any fiscal year may be used to 
develop, adopt, implement, administer, or enforce any 
change to the regulations and guidance in effect on 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 
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Act for any fiscal year may be used to prohibit the use 
of or access to Federal land (as such term is defined in 
section 3 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6502)) for hunting, fishing, or recreational 
shooting if such use or access— 
(1) was not prohibited on such Federal land as 
of January 1, 2013; and 
(2) was conducted in compliance with the 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, 
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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, 
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)). 
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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 
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 
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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-
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 
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land use or occupancy agreement on the transfer of any 
water right, including sole and joint ownership, directly 
to the United States, or any impairment of title, in whole 
or in part, granted or otherwise recognized under State 
law, by Federal or State adjudication, decree, or other 
judgment, or pursuant to any interstate water compact. 
Additionally, none of the funds made available in this or 
any other Act may be used to require any water user to 
apply for or acquire a water right in the name of the 
United States under State law as a condition of the 
issuance, renewal, amendment, or extension of any permit, 
approval, license, lease, allotment, easement, right-of-way, 
or other land use or occupancy agreement. 
LIMITATION ON STATUS CHANGES 
SEC. 434. None of the funds made available by this 
Act shall be used to propose, finalize, implement, or 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. 
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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. 
(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 
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(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 
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 
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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 12866 and OMB Circular A-4 as 
of January 1, 2015: Provided, That such IWG shall pro-
vide to the public all documents, models, and assumptions 
used in developing the SCC and solicit public comment 
prior to finalizing any revised estimates. 
LIMITATION ON USE OF FUNDS FOR DESIGNATED 
REPRESENTATIVES 
SEC. 437. None of the funds made available by this 
or any other Act may be used to implement or enforce, 
or to require States to implement or enforce, the 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-
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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 
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— 
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(1) any rule or guideline to address methane 
emissions from sources in the oil and natural gas 
sector under Sections 111(b) or (d) of the Clean Air 
Act (42 U.S.C. 7411(b), 7411(d)); 
(2) any rule changing the term ‘‘adjacent’’ for 
purposes of defining ‘‘stationary source’’ and ‘‘major 
source’’ as applied to the oil and gas sector under 
the Clean Air Act; and 
(3) proposed Draft Control Techniques 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 
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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’’; 
(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-
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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-
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 
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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. 
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 
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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 
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; 
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(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-
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- 
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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 
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; 
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(D) other significant factors relevant to 
the determination; and 
(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and 
(5) for any subsequent smelt biological opinion 
or salmonid biological opinion, make the showing 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 
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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 
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 
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