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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-238
======================================================================
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2018
_______
July 21, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Calvert, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3354]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of the Interior, the
Environmental A25JY0.Protection Agency, and Related Agencies
for the fiscal year ending September 30, 2018. The bill
provides regular annual appropriations for the Department of
the Interior (except the Bureau of Reclamation and the Central
Utah Project), the Environmental Protection Agency, and for
other related agencies, including the Forest Service, the
Indian Health Service, the Smithsonian Institution, and the
National Foundation on the Arts and the Humanities.
CONTENTS
_______________________________________________________________________
Page number
Bill Report
Title I--Department of the Interior:
Bureau of Land Management.......................... 2
7
United States Fish and Wildlife Service............ 8
11
National Park Service.............................. 15
24
United States Geological Survey.................... 20
34
Bureau of Ocean Energy Management.................. 23
37
Bureau of Safety and Environmental Enforcement..... 24
39
Office of Surface Mining Reclamation and
Enforcement.................................... 26
39
Bureau of Indian Affairs and Bureau of Indian
Education...................................... 29
41
Office of the Secretary............................ 38
48
Insular Affairs.................................... 40
49
Office of the Solicitor............................ 43
50
Office of Inspector General........................ 43
50
Office of the Special Trustee for American Indians. 43
50
Department-wide Programs:
Wildland Fire Management, Interior Department...... 46
51
FLAME Wildfire Suppression Reserve Fund, Interior
Department..................................... N/A
52
Central Hazardous Materials Fund................... 49
52
Natural Resource Damage Assessment and Restoration. 49
52
Working Capital Fund............................... 50
52
Office of Natural Resources Revenue................ 51
53
Payments in Lieu of Taxes (PILT)................... 52
53
General Provisions, Department of the Interior..... 52
53
Title II--Environmental Protection Agency:
Science and Technology............................. 62
55
Environmental Programs and Management.............. 63
58
Hazardous Waste Electronic Manifest System Fund.... 64
62
Office of Inspector General........................ 65
62
Buildings and Facilities........................... 65
63
Hazardous Substance Superfund...................... 65
63
Leaking Underground Storage Tank Trust Fund Program 66
64
Inland Oil Spill Programs.......................... 67
65
State and Tribal Assistance Grants................. 67
66
Water Infrastructure Finance and Innovation Program
Account........................................ 75
68
Administrative Provisions.......................... 76
68
Title III--Related Agencies:
Forest Service, U.S. Department of Agriculture..... 79
69
Office of the Under Secretary for Natural Resources
and Environment................................ 79
69
Wildland Fire Management, Forest Service........... 85
78
FLAME Wildfire Suppression Reserve Fund, Forest
Service........................................ N/A
79
Indian Health Service, U.S. Department of Health
and Human Services............................. 95
80
National Institute of Environmental Health Sciences 104
84
Agency for Toxic Substances and Disease Registry... 104
84
Other Related Agencies:
Council on Environmental Quality and Office of
Environmental Quality.......................... 105
85
Chemical Safety and Hazard Investigation Board..... 106
86
Office of Navajo and Hopi Indian Relocation........ 107
86
Institute of American Indian and Alaska Native
Culture and Arts Development................... 108
87
Smithsonian Institution............................ 108
87
National Gallery of Art............................ 110
89
John F. Kennedy Center for the Performing Arts..... 111
90
Woodrow Wilson International Center for Scholars... 112
91
National Endowment for the Arts.................... 112
91
National Endowment for the Humanities.............. 113
92
Commission of Fine Arts............................ 114
93
National Capital Arts and Cultural Affairs......... 115
94
Advisory Council on Historic Preservation.......... 115
94
National Capital Planning Commission............... 115
94
United States Holocaust Memorial Museum............ 116
95
Dwight D. Eisenhower Memorial Commission........... 116
95
Women's Suffrage Centennial Commission............. 117
96
World War I Centennial Commission.................. 117
96
Title IV--General Provisions:.............................. 117
97
INTRODUCTION
The Department of the Interior, Environment, and Related
Agencies Appropriations bill for fiscal year 2018 totals
$31,456,000,000. This amount is $824,000,000 below the fiscal
year 2017 enacted level and $4,256,911,000 above the budget
request.
The amounts in the accompanying bill are reflected by title
in the table below.
BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE
----------------------------------------------------------------------------------------------------------------
Committee bill
Activity Budget estimates, Committee bill, compared with
fiscal year 2018 fiscal year 2018 budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior: New budget $10,554,207,000 $11,887,470,000 +$1,333,263,000
authority.............................................
Title II, Environmental Protection Agency: New budget 5,655,000,000 7,524,087,000 +1,869,087,000
authority.............................................
Title III, Related Agencies: New budget authority...... 10,989,882,000 12,038,443,000 +1,048,561,000
Title IV, General Provisions: New budget authority..... 0 6,000,000 +6,000,000
--------------------------------------------------------
Grand total, New budget authority.................. 27,199,089,000 531,456,000,000 +4,256,911,000
----------------------------------------------------------------------------------------------------------------
BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE
----------------------------------------------------------------------------------------------------------------
Committee bill
Activity Budget estimates, Committee bill, compared with
fiscal year 2018 fiscal year 2018 budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior:
New budget authority............................... $10,554,207,000 $11,887,470,000 +$1,333,263,000
Title II, Environmental Protection Agency:
New budget authority............................... 5,655,000,000 7,530,087,000 +1,875,087,000
Title III, Related Agencies:
New budget authority............................... 10,989,882,000 12,038,443,000 +1,048,561,000
Title IV, General Provisions:
New budget authority............................... 0 0 0
--------------------------------------------------------
Grand total, New budget authority.............. 27,199,089,000 31,456,000,000 +4,256,911,000
----------------------------------------------------------------------------------------------------------------
Committee Oversight
Members of Congress have provided considerable input in
fashioning this bill. In total, 351 Members submitted nearly
5,200 programmatic requests relating to multiple agencies and
programs.
The Interior, Environment, and Related Agencies
Subcommittee conducted 10 budget hearings and briefings this
year (including four hearings involving American Indians and
Alaska Natives) to carefully review the programs and budgets
under its jurisdiction. The Subcommittee held the following
oversight hearings:
Members' Day hearing--February 28, 2017
American Indian/Alaska Native Public Witnesses--May 16,
2017 (morning)
American Indian/Alaska Native Public Witnesses--May 16,
2017 (afternoon)
American Indian/Alaska Native Public Witnesses--May 17,
2017 (morning)
American Indian/Alaska Native Public Witnesses--May 17,
2017 (afternoon)
Indian Health Service FY18 budget oversight hearing--May
24, 2017
High Risk American Indian/Alaska Native Programs--May 24,
2017
U.S. Forest Service FY18 budget oversight hearing--May 25,
2017
Department of the Interior FY18 budget oversight hearing--
June 8, 2017
Environmental Protection Agency FY18 budget oversight
hearing--June 15, 2017
In total, 110 individuals representing the Executive
Branch, Congress, State, Tribal, and local governments, and the
general public testified before the Subcommittee. In addition
to those who testified in person, another 125 Members of
Congress, organizations, or coalitions provided written
testimony for the hearing record which is publicly available
online.
COST OF WILDLAND FIRE
In six of the last ten years, the Forest Service and the
Department of the Interior have exceeded their wildland fire
suppression budgets despite being fully funded at the ten-year
suppression average for such costs. Fire seasons have grown
longer and more destructive, putting people, communities, and
ecosystems at greater risk. Fire borrowing has now become
routine rather than extraordinary. Borrowing from non-fire
accounts to pay suppression costs results in the Forest Service
and Department of the Interior having fewer resources available
for forest management activities to improve overall forest
health and reduce the risk of catastrophic wildland fires.
The Committee continues to believe the most catastrophic
wildland fires should be addressed in a fashion similar to
other major natural disasters such as floods and hurricanes,
and funded through the disaster cap adjustment established by
the Budget Control Act of 2011 (P.L. 112-25). This common sense
reform would allow for a more responsible and stable way to
budget for wildland fire suppression costs.
While the budget request does not include a specific
proposal, the Committee notes that the Administration has
indicated its interest in working with Congress to find a
solution, potentially like legislation that has been developed
in the House (H.R. 2862) which has the support of every member
of the Interior, Environment, and Related Agencies
Subcommittee. As the issue of the disaster cap adjustment falls
outside of the Committee's jurisdiction, the Committee's
recommendation does not include the request for suppression
funding through the disaster cap adjustment.
As Congress continues to debate the best approach for fire
budgeting, the Committee has provided robust wildland fire
funding in its fiscal year 2018 bill. The bill includes a total
of $3,442,207,000 in wildland fire funding for the Department
of the Interior and the Forest Service. Fire suppression
accounts are fully funded at the ten-year average level.
Hazardous fuels reduction program funding, a critical component
of an effective overall fire strategy, is funded at
$575,000,000, which is $5,000,000 above the fiscal year 2017
enacted level.
PAYMENTS IN LIEU OF TAXES (PILT)
The Payments in Lieu of Taxes (PILT) program provides
compensation to local governments for the loss of tax revenue
resulting from the presence of Federal land in their county or
State. In 2017, 49 states, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands
received PILT payments. The Committee includes bill language
providing $465,000,000 in PILT funding for fiscal year 2018.
RECREATION FEE AUTHORITY
Enacted in 2004, the Federal Land Recreation Enhancement
Act (FLREA) authorized five agencies to collect and expend
recreation fees on land they manage: the Department of the
Interior's Bureau of Land Management (BLM), Bureau of
Reclamation (BOR), National Park Service (NPS), and U.S. Fish
and Wildlife Service (FWS), and the U.S. Department of
Agriculture's Forest Service (USFS). These fees, which leverage
other funding sources and complement appropriated dollars, fund
projects that directly benefit the visitor experience.
The authority for FLREA is scheduled to sunset at the end
of the current fiscal year. This expiration would impact the
Department of the Interior's estimated annual collection of
$290 million, of which the National Park Service collects
nearly $264 million. In 2016, the recreation fee program
collected nearly $376 million from the Forest Service and the
Department of the Interior combined. An extension of recreation
fee authority is necessary for land managers to plan for
upcoming seasons including selling annual passes, hiring
seasonal employees, planning projects, organizing volunteers,
and accepting reservations. The Committee has included within
Title IV General Provisions a one-year extension of the current
recreation fee authority as requested.
COST OF LITIGATION
The Committee remains concerned that many of the legitimate
goals of the Forest Service, the Department of the Interior,
and other agencies under the Committee's jurisdiction--as well
as the work of this Committee--are undermined by litigation
filed in an effort to shift land management decisions from the
agencies to the courts, regardless of merit.
Litigation is a huge unbudgeted cost for land management
agencies. The Committee is concerned that, as budgets shrink,
agencies are forced to settle lawsuits quickly because they
don't have funds available to complete court-imposed work. In
addition, the courts are not concerned whether agencies have
funding necessary to meet court mandates. As a result, the
courts are playing an increasing role in determining how and
where agencies use their funding.
Given ongoing concerns, the Department of the Interior,
EPA, and the Forest Service are directed to provide to the
House and Senate Committees on Appropriations, and to make
publicly available no later than 60 days after enactment of
this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in House Report 112-151.
STATE WILDLIFE DATA
The Department of the Interior and U.S. Forest Service are
expected to prioritize continued coordination with other
Federal agencies and State fish and wildlife agencies to
recognize and fully utilize State fish and wildlife data and
analyses as a primary source to inform land use, planning, and
related natural resource decisions. Federal agencies should not
unnecessarily duplicate raw data, but when appropriate,
evaluate existing analysis of data prepared by the States, and
reciprocally share data with State wildlife managers, to ensure
that the most complete data set is available for decision
support systems.
PAPER REDUCTION
The Committee urges each agency funded by this Act to work
with the Office of Management and Budget to reduce printing and
reproduction costs and directs each agency to report to the
Committee within 90 days of enactment of this Act on what steps
have been taken to achieve this goal. The report should
specifically identify how much money each agency expects to
save by implementing these measures.
EDUCATIONAL AND OUTREACH PROGRAMS
The Committee strongly supports academic internships,
partnerships, and educational and outreach programs of the
agencies funded through the Interior, Environment, and Related
Agencies appropriations bill and encourages them to ensure that
their efforts reach the widest possible audience, including but
not limited to, Hispanic-Serving Institutions, Historically
Black Colleges and Universities, and Tribal Colleges and
Universities, as appropriate.
LAND AND WATER CONSERVATION FUND
The Committee recognizes that investments in the Land and
Water Conservation Fund (LWCF) support public land conservation
and ensure access to the outdoors for all Americans. The
recommendation balances bipartisan support for many LWCF
programs with the need to address deferred maintenance backlogs
at land management agencies, and to do both within the
constraints of the budget and other priorities within the bill.
Accordingly, the Committee recommends $275,000,000 for LWCF
programs.
The recommendation includes $50,000,000 for projects
expected to be submitted to the Committee for Congressional
consideration in accordance with the direction provided in the
explanatory statement accompanying Public Law 115-31.
Consistent with the process used in previous fiscal years, the
Committee will review and recommend levels of funding based on
Congressional priorities including, but not limited to, strong
State and local support for the project, leveraging of existing
lands, increased access to recreational opportunities, and
project-readiness.
Additionally, the recommendation includes no less than $10
million for projects that open or improve access to public
lands for hunting, fishing, and other recreational activities
and no less than $11 million for projects that consolidate
inholdings or alleviate hardships for private landowners. Prior
to proceeding with recreation access funding, the agencies
should submit a list of the projects to be funded, along with a
description of how the projects meet the recreation access
criteria as defined by each agency.
COTTONWOOD V. U.S. FOREST SERVICE
The Committee has significant concerns about the effect the
Ninth Circuit Court's 2015 decision in Cottonwood Environmental
Law Center v. United States Forest Service could have on the
ability of the Forest Service and the Bureau of Land Management
to manage public lands as required by law. The decision has the
potential to curtail forest health activities, recreational
opportunities, and conservation practices and appears to have
exposed the Service and Bureau to the possibility of extensive
litigation that will not benefit endangered species or improve
the condition of public lands. The Committee strongly
encourages the Departments of Agriculture and Interior to work
with the Administration and Congress on this issue.
PROFESSIONAL SOCIETIES
The Committee recognizes that maintaining the professional
competencies of the Federal workforce is necessary to assure
sound scientific management principles are applied to resource
management. Professional societies, such as the Society of
American Foresters, the Society for Range Management, The
Wildlife Society, American Fisheries Society, and others
provide opportunities for employees to maintain professional
competencies through continuing education, scientific journals,
and interaction with other professionals. The Committee
encourages the Federal agencies funded in this bill to support
the participation of employees in such professional societies
in accordance with guidance issued by the Office of Government
Ethics through 5 CFR Part 2640.203, Official Participation in
Nonprofit Organizations.
REPROGRAMMING GUIDELINES
The Committee retains the reprogramming guidelines
contained in the joint explanatory statement accompanying
Public Law 114-113.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Appropriation enacted, 2017........................... $1,095,375,000
Budget estimate, 2018................................. 963,163,000
Recommended, 2018..................................... 1,074,503,000
Comparison:
Appropriation, 2017............................... -20,872,000
Budget estimate, 2018............................. +111,340,000
The Committee recommends $1,074,503,000 for Management of
Lands and Resources, $20,872,000 below the fiscal year 2017
enacted level and $111,340,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
The Bureau is encouraged to promote and expand the use of
agreements with Indian Tribes to protect Indian trust resources
from catastrophic wildfire, insect and disease infestation or
other threats from adjacent Federal lands, as authorized by
law.
Soil, Water, and Air Management.--The Committee recommends
$42,497,000 for soil, water, and air management, $1,112,000
below the fiscal year 2017 enacted level and $15,463,000 above
the budget request.
The Colorado River Basin Salinity Control Program is funded
at $1,500,000. The Committee requests that the Bureau provide a
detailed report, which should be made public, on the funds made
available to the program and the accomplishments and results
related to them, for the past five fiscal years.
The Committee supports the Bureau's work with the State of
Utah to develop water resources to benefit the public,
wildlife, endangered species, permittees, and other users and
encourages the Bureau to continue to work with the State and
other interested entities to identify and pursue the highest
priority projects.
The Committee encourages the Bureau to continue to work
with the State of Idaho to provide appropriate access to
Federal lands for the purposes of aquifer recharge projects.
Rangeland Management.--The Committee recommends $76,981,000
for rangeland management, $2,019,000 below the fiscal year 2017
enacted level and $9,228,000 above the budget request.
The Committee directs the agency to focus on reducing the
grazing permit backlog and carrying out a systematic program of
range monitoring, land health assessments, development and
implementation of allotment management plans, and adaptive
management.
Forestry Management.--The Committee recommends $9,819,000
for forestry management, $257,000 below the fiscal year 2017
enacted level and $316,000 below the budget request.
Riparian Management.--The Committee recommends $20,777,000
for riparian management, $544,000 below the fiscal year 2017
enacted level and $555,000 above the budget request.
Cultural Resources Management.--The Committee recommends
$15,719,000 for cultural resources management, $412,000 below
the fiscal year 2017 enacted level and $646,000 below the
budget request.
Wild Horse and Burro Management.--The Committee recommends
$80,555,000 to implement Public Law 92-195 (16 U.S.C. 1331 et
seq.) requiring the protection, management, and control of
free-roaming horses and burros on public lands, equal to the
fiscal year 2017 enacted level and $9,836,000 above the budget
request.
The Committee reminds the Bureau of the directive included
in the joint explanatory statement accompanying the
Consolidated Appropriations Act, 2017, to provide a
comprehensive plan to Congress to address the excess numbers of
wild horses and burros and the unsustainable, rising costs of
the Wild Horse and Burro program. The Committee encourages the
Bureau to include in the plan: increased adoptions; additional
research on equine contraceptives; opportunities for private
citizens and organizations to support wild horses and burros;
rangeland restoration; reductions in herd sizes on the range;
and options for reducing the number of animals in long-term
holding facilities.
The bill continues a prohibition on funds to implement
Section 1333(b)(2)(C) of Title 16, United States Code,
requiring the humane destruction of excess animals that are not
adopted. The bill continues two general provisions within Title
I allowing the Bureau to enter into long-term contracts and
agreements for holding facilities off the range and for the
humane transfer of excess animals for work purposes.
Wildlife and Fisheries.--The Committee recommends
$115,491,000 for wildlife and fisheries, $320,000 below the
fiscal year 2017 enacted level and $28,572,000 above the budget
request. Within the total provided, the Committee provides
$60,900,000 for sage-grouse conservation efforts, equal to the
fiscal year 2017 enacted level. The Committee recommends
$12,210,000 for fisheries management.
The Committee continues to support the Bureau's plant
conservation program and the National Seed Strategy and
encourages the Bureau to focus on increasing the availability
of appropriate seed to address high-priority restoration needs
and to collaboratively work with other Federal agencies,
States, researchers, and private partners to implement the
strategy.
Recreation Management.--The Committee recommends
$69,900,000 for recreation management, $1,829,000 below the
fiscal year 2017 enacted level and $7,151,000 above the budget
request. The bill includes a general provision in Title IV
prohibiting the use of funds to close areas open to
recreational hunting and shooting as of January 1, 2013.
The Committee appreciates the work of the California State
Office in establishing an independent monitoring pilot program
for certain off-highway vehicle events and directs the Bureau
to continue to work with the off-highway vehicle community to
refine, develop, and implement the pilot program on a broader
scale. The Committee encourages the California State Office to
conduct additional independent monitoring pilot projects at
off-highway vehicle events in 2017 and to report to the
Committee on its findings.
Energy and Minerals.--The Committee recommends $168,439,000
for energy and minerals, $4,407,000 below the fiscal year 2017
enacted level and $8,960,000 below the budget request.
The Committee directs the Bureau to collaboratively work
with industry, other Federal agencies, States, and interested
entities on methane emission issues, as well as to
expeditiously approve pending permitting requests.
Resource Protection and Maintenance.--The Committee
recommends $114,335,000 for resource protection and
maintenance, $95,000 above the fiscal year 2017 enacted level
and $30,348,000 above the budget request.
Resource Management Planning.--The Committee recommends
$52,125,000 for resource management planning, equal to the
fiscal year 2017 enacted level and $13,688,000 above the budget
request. Within the total, the Committee recommends $8,000,000
for planning requirements related to greater sage-grouse
conservation efforts.
The Committee continues to be concerned about the
transportation routes identified in the Draft Resource
Management Plan for the Red Cliffs National Conservation Area
and lack of resolution of this matter. As such, the Committee
directs the Bureau to work with the Fish and Wildlife Service;
the State of Utah; Washington County, Utah; the city of St.
George, Utah; and other cooperating entities to identify a
northern transportation route as directed by the Omnibus Public
Land Management Act of 2009, P.L. 111-11.
The Bakersfield Field Office's 2014 Resources Management
Plan (RMP) identifies approximately 1,480 acres of private
property as part of an Area of Critical Environmental Concern
(ACEC). While the Committee understands that under current law
the RMP only applies to Federal land in a designated ACEC, it
is concerned that the RMP does not clearly draw such a
distinction. As such, the Committee encourages the Bureau to
work with affected landowners to address concerns about the
ACEC designation.
Law Enforcement.--The Committee recommends $27,616,000 for
law enforcement, $1,000,000 above the fiscal year 2017 enacted
level and $1,908,000 above the budget request. The additional
funds are provided to fill vacant ranger positions.
National Landscape Conservation System.--The Committee
recommends $35,800,000 for the national landscape conservation
system, $1,019,000 below the fiscal year 2017 enacted level and
$8,105,000 above the budget request.
From the amounts provided for Management of Lands and
Resources, at the discretion of the Director, the Bureau may
make available up to $2,000,000 for critical conservation
activities, pursuant to 16 U.S.C. 3701 et seq., subject to the
terms and conditions outlined in Title I of Division G of P.L.
115-31.
LAND ACQUISITION
Appropriation enacted, 2017........................... $31,416,000
Budget estimate, 2018................................. 3,609,000
Recommended, 2018..................................... 12,800,000
Comparison:
Appropriation, 2017............................... -18,616,000
Budget estimate, 2018............................. +9,191,000
The Committee recommends $12,800,000 for land acquisition,
and a $1,769,000 rescission of unobligated balances from prior
appropriations. Prior to implementation, the Bureau is directed
to submit the proposed allocation of the rescission for
Committee approval. A detailed table of funding recommendations
below the account level is provided at the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-31.
OREGON AND CALIFORNIA GRANT LANDS
Appropriation enacted, 2017........................... $106,985,000
Budget estimate, 2018................................. 89,800,000
Recommended, 2018..................................... 104,256,000
Comparison:
Appropriation, 2017............................... -2,729,000
Budget estimate, 2018............................. +14,456,000
The Committee recommends $104,256,000 for the Oregon and
California (O&C;) grant lands, $2,729,000 below the fiscal year
2017 enacted level and $14,456,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
The Committee remains concerned with the Bureau's failure
to comply with the principles of sustained yield timber
harvests under the Oregon and California Revested Lands Act of
1937. Within the funds appropriated for the Oregon and
California Grant lands, the Bureau is directed to prioritize
funding for timber production to achieve at least the 278
million board feet Allowable Sale Quantity promised in the new
Resource Management Plan for Western Oregon. Further, the
Committee is troubled by the disparity in timber targets
compared with timber awarded and harvested on some districts.
The Bureau is directed to prioritize response to administrative
protests on timber sales in a timely manner and to report
timber sale accomplishments in volume of timber sold and
awarded, rather than merely the volume offered for sale.
RANGE IMPROVEMENTS
The Committee recommends an indefinite appropriation of not
less than $10,000,000 to be derived from public lands receipts
and Bankhead-Jones Farm Tenant Act lands grazing receipts, as
requested.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The Committee recommends an indefinite appropriation
estimated to be $24,595,000 for Service Charges, Deposits, and
Forfeitures, as requested.
MISCELLANEOUS TRUST FUNDS
The Committee recommends an indefinite appropriation
estimated to be $24,000,000, as requested.
ADMINISTRATIVE PROVISIONS, BUREAU OF LAND MANAGEMENT
The Committee recommendation includes Administrative
Provisions.
United States Fish and Wildlife Service
The U.S. Fish and Wildlife Service is the principal Federal
agency responsible for conserving, protecting and enhancing
fish, wildlife and plants and their habitats. The Service
manages more than 150 million acres in the National Wildlife
Refuge System, which encompasses 566 national wildlife refuges,
thousands of small wetlands and other special management areas,
and Marine National Monuments. It also operates 72 national
fish hatcheries, 65 fish and wildlife management offices, and
80 ecological services field stations. The agency enforces
Federal wildlife laws, administers the Endangered Species Act,
manages migratory bird populations, restores nationally
significant fisheries, conserves and restores wildlife habitat
such as wetlands, and helps foreign governments with their
conservation efforts. It also oversees the Federal Assistance
program, which distributes hundreds of millions of dollars in
excise taxes on fishing and hunting equipment to State fish and
wildlife agencies.
RESOURCE MANAGEMENT
Appropriation enacted, 2017........................... $1,258,761,000
Budget estimate, 2018................................. 1,151,129,000
Recommended, 2018..................................... 1,247,109,000
Comparison:
Appropriation, 2017............................... -11,652,000
Budget estimate, 2018............................. +95,980,000
The Committee recommends $1,247,109,000 for Resource
Management. The Service is expected to execute its budget in
accordance with the justification submitted to the Congress,
except as otherwise directed below or summarized in the table
at the end of this report.
Endangered Species Act (ESA).--The Committee recognizes and
supports recent bipartisan, State-led efforts to improve
implementation of the ESA, and expects the Service to fully
engage in these efforts.
The ESA is premised on partnership with the States. Section
6(a) of the ESA says, ``In carrying out the program authorized
by the Act, the Secretary shall cooperate to the maximum extent
practicable with the States.'' Congress included this mandate
in recognition that States have always had primary management
responsibility of fish and wildlife within their borders, and
in recognition that the management of any federally listed
species will return to the States once recovery criteria are
met.
Much of the controversy surrounding the ESA can be traced
back to failures to cooperate with the States during the
listing and recovery processes. Simply put, the Service needs
to do a better job of cooperating. Although final decisions
ultimately rest with the Secretary, nothing in law prohibits
States from being involved in those decisions.
To that end, the Service should make full use of its
authority to cooperate with States to the point that any State
affected by a federally listed species has opportunity to
involve itself in all administrative actions, and all judicial
actions not initiated by that State, concerning any provisions
of the ESA except for international trade.
Moreover, the Service needs to do a better job of letting
States and other partners lead. Section 4(f)(2) of the ESA
says, ``The Secretary, in developing and implementing recovery
plans, may procure the services of appropriate public and
private agencies and institutions, and other qualified persons.
Recovery teams appointed pursuant to this subsection shall not
be subject to the Federal Advisory Committee Act.'' By
including this authority and recognizing that saving species
from extinction is a responsibility shared by all, Congress
relieved the Secretary from shouldering much of the burden.
States and non-governmental partners can and should lead
recovery plan development and implementation--not the Service.
The Service should focus instead on backlogged and
inherently Federal ESA actions that cannot be done by States
and other partners, including: providing technical assistance
when requested; permitting and consultation; publishing
documents in the Federal Register; and reporting to Congress.
Everything else done by the Service for candidate and listed
species should be cost-shared as much as possible through its
other existing programs and authorities.
Listing.--The recommendation includes $17,122,000 as
requested for Endangered Species Act listings, status
assessments, critical habitat determinations, and related
activities. Bill language is continued as requested, placing
restrictions on the use of funds in order to enable the Service
to manage its workload in response to numerous petitions and
lawsuits.
The Service is directed to exclude flood control reservoirs
from critical habitat determinations, such as for the western
distinct population segment of the yellow-billed cuckoo as
described in detail in House Report 114-170.
The Committee is concerned about reports from States--
regarding the Utah prairie dog, as discussed below, the black-
footed ferret, and the lesser prairie chicken--that there
remains no certainty that the Service will consider or
appropriately include non-regulatory but highly valuable
conservation actions on private lands in species status
assessments or 12-month findings. Nothing in the Endangered
Species Act prioritizes lands held in the public trust or kept
in any other sort of ``protected'' status, as opposed to lands
that are privately owned and responsibly managed, and nothing
in the Act implies that habitat on such private lands is any
more or less threatened with destruction, modification, or
curtailment. The Service is further reminded that threatened
and endangered species mostly inhabit private lands, and that
the Service cannot accomplish its mission without fully
embracing non-regulatory and voluntary cooperative conservation
efforts with private landowners. The Committee expects the
Service to work with the States to develop a more reasonable
policy whereby the Service's regulatory assurance criteria
include responsible land management commitments by private
landowners.
Planning and Consultation.--The recommendation includes
$104,783,000 for timely evaluations and permitting of
development projects that contribute to economic growth and job
creation, $6,028,000 above the budget request. The amount above
the budget request should be apportioned in accordance with
workload needs measured across the Service, rather than by
region.
The following programs are supported at not less than the
levels requested by the Service: Bay Delta Ecosystem
Restoration, $2,854,000; environmental contaminants,
$2,767,000; Gulf Coast Restoration, $998,000; energy,
$10,334,000; and pesticide consultations, $998,000.
The Committee supports the continuation of collaborative
efforts in the Pacific Northwest with the National Marine
Fisheries Service, the Washington Department of Fish and
Wildlife, and affected Tribes that will result in the
completion of all Puget Sound hatchery program consultations by
the fall of 2018.
The Committee recognizes the important role of Habitat
Conservation Plans (HCPs) in both recovery of species and in
providing economic certainty and growth to municipalities
affected by listed species. The Service is encouraged to place
a priority on providing technical assistance to partners making
good faith efforts to develop and implement responsible HCPs.
Any projects funded by disaster settlements and required by
law to have technical assistance, consultation, or permits from
the Service should have such costs built into the projects. The
Service is directed to establish a reimbursement program
consistent with similar programs across the Department.
Conservation and Restoration.--The recommendation includes
$29,791,000 for Conservation and Restoration, of which:
$12,698,000 is for Candidate Conservation and includes
$3,250,000 for the sagebrush steppe ecosystem; $5,460,000 is to
implement the Marine Mammal Protection Act; $6,772,000 is for
environmental contaminants work in support of the Natural
Resources Damage Assessment and Restoration program; $3,471,000
is for the National Wetlands Inventory in support of the
decadal report to Congress; and $1,390,000 is to implement the
Coastal Barrier Resources Act (CBRA).
Based on feedback provided by the States, the Service is
commended for its efforts in the Southeast to work with States
and others to preclude the need to list many of the hundreds of
species recently petitioned for listing. The effort
demonstrated that the ESA can work when the Federal government
treats States as equal partners and makes full use of
flexibilities already inherent in the ESA to minimize
regulatory burdens. The Service is expected to expand this
model nationwide.
The Service is expected to focus Candidate Conservation
funding on two primary activities: (1) preparing and publishing
the annual Candidate Notice of Review as required by the ESA;
and (2) providing the technical assistance to facilitate
voluntary conservation efforts by others and to develop
agreements that provide regulatory certainty to landowners in
case a candidate species has to be listed. The Service should
look to its other programs and its partners to fund and
implement conservation activities on-the-ground.
Recovery.--The recommendation includes $85,570,000 for
Endangered Species Act recovery activities. Except where noted
below, the Service is expected to focus on recovery plan
oversight, five-year reviews, and status changes. The Service
is commended for striving to fully utilize employee skills
regardless of where employees are physically located, in order
to more efficiently address the Service's highest priority
needs including preparation and publication of documents
required by the ESA.
As noted above, the Service is expected to defer to the
States and other governmental and non-governmental partners to
lead recovery plan development and implementation. To that end,
funding for States and localities through the Cooperative
Endangered Species Conservation Fund is restored to the fiscal
year 2017 enacted level, $34,192,000 above the request. In
addition, $5,000,000 is provided in Recovery to enhance and
increase partnerships with agencies and organizations
implementing genetically-sound breeding, rearing, and
reintroduction programs as prescribed in recovery plans, such
as for northern aplomado falcon and California condor. The
Service is encouraged to propose including this program within
the Cooperative Endangered Species Conservation Fund in the
fiscal year 2019 budget request.
The Service is directed to report to Congress on any
species for which the Secretary and the relevant States find
that a recovery plan will not promote the conservation of the
species, including the justification.
The Service is directed to complete all five-year reviews
within the period required by law, and, for any determination
on the basis of such review whether a species should be
delisted, downlisted, or uplisted, promulgate an associated
regulation prior to initiating the next status review for such
species. Not less than $3,000,000 is provided to continue to
reduce the backlog of downlistings and delistings.
The Committee is aware the Fish and Wildlife Service
obtained a favorable decision in its appeal regarding the Utah
prairie dog. However, the Committee remains concerned that the
Fish and Wildlife Service has not been proactive in evaluating
the effectiveness of its own recovery plan and conservation
strategies regarding the Utah prairie dog. There is concern the
current recovery plan sets recovery criteria that are
unachievable and unnecessary to ensure the species' viability
into the foreseeable future. The Committee urges the Fish and
Wildlife Service to re-evaluate the threats currently
contributing to the Utah prairie dog's threatened status, to
focus conservation efforts on those threats, and to recognize
population status regardless of land ownership. The Committee
recognizes the value of voluntary conservation mechanisms,
incentive based programs, and hydrological limitations in
evaluating and addressing habitat threats to Utah prairie dogs
on private lands. Lastly, the Committee recognizes the
importance of the Fish and Wildlife Service coordinating with
the State of Utah on developing a new recovery plan or
conservation strategy that closely aligns with the Utah
management plan that has shown to be successful in conserving
the species and addressing landowner and community needs. The
coordinated plan or strategy should chart a clear path for the
expeditious recovery of the species and delisting.
The Wolf-Livestock Loss Demonstration Program is restored
to the fiscal year 2017 enacted level of $1,000,000 but is
transferred to the Partners for Fish and Wildlife Program.
Funding to address white-nose syndrome in bats is transferred
to Science Support.
The bill includes language directing the Secretary to
reissue the final rule delisting recovered gray wolves in
Wyoming and the Western Great Lakes, consistent with
congressional action on recovered gray wolves in Idaho and
Montana in the fiscal year 2011 appropriation. The bill also
includes language prohibiting the use of funds to treat gray
wolves range-wide as endangered or threatened. The Committee is
compelled to act when egregious lawsuits waste limited
resources and threaten the integrity of the Endangered Species
Act, which guarantees that the Federal government will return
management authority to the States once recovery plan goals are
met and scientifically sound State management plans are in
place.
The service is directed to, within 60 days of enactment of
this Act, review and determine whether Mexican gray wolf (Canis
lupus Baileyi) is a genetically valid subspecies designation
and whether the red wolf (Canis rufus) is a genetically valid
species designation. The Service shall complete its work and
publish a report to Congress not later than one year from the
date of enactment of this Act.
Partners for Fish and Wildlife.--The recommendation
includes $53,476,000 for voluntary, non-regulatory partnerships
with private landowners authorized by the Partners for Fish and
Wildlife Act. Included in this amount is $1,000,000 to
implement the Wolf-Livestock Loss Demonstration Project. States
with de-listed wolf populations shall continue to be eligible
for funding, provided that those States continue to meet the
eligibility criteria contained in Public Law 111-11.
The recommendation includes not less than $1,800,000 to
continue the multi-State Chesapeake Bay Nutria Eradication
Project, including not less than $75,000 provided under the
National Wildlife Refuge System activity. The Service is
expected to complete the verification phase of the eradication
process by the end of fiscal year 2020.
Coastal Programs.--The recommendation includes $13,375,000
for voluntary, non-regulatory coastal habitat restoration
partnerships, equal to the fiscal year 2017 enacted level.
National Wildlife Refuge System.--The recommendation
includes $483,927,000 for the National Wildlife Refuge System,
equal to the total provided in fiscal year 2017.
Wildlife and Habitat Management is maintained at
$231,843,000, of which: $196,089,000 is for general program
activities; $2,830,000 is for subsistence management as
requested; $22,924,000 is for inventory and monitoring; and
$10,000,000 is for invasive species.
The explanatory statement accompanying Division G of P.L.
115-31 noted the support of the Committees for the directive in
House Report 114-632 instituting signage on any individual
refuge where trapping occurs and establishing guidance to be
included in the refuge manual. The House report also directed
the Service to post information on the National Wildlife Refuge
System website and the websites of individual refuges where
trapping occurs. To date, the Service has not complied with
that directive. The Service has recently informed the Committee
that they have set benchmarks of August 15, 2017, to post on
its website a list of refuges where trapping occurs, and to
issue a Director's Memo directing that no later than December
31, 2017, Regions must post signs at each refuge where trapping
occurs. Additionally, by October 15, 2017, the Service plans to
include trapping signage in the Refuge System Sign Handbook and
ensure individual refuge websites include trapping information
for all refuges where trapping occurs. Until the Committee has
been informed the Service has fully complied with this
directive, $2,000,000 of the funding provided for Wildlife and
Habitat Management is not available for obligation.
Visitor Services is maintained at $73,319,000, of which
$68,727,000 is for general program activities, $2,500,000 is
for urban refuge programs, and $2,092,000 is for volunteer
coordination.
Conservation Planning is restored to the fiscal year 2017
enacted level of $2,523,000. The Service is reminded of its
backlog and statutory obligation to complete and update
comprehensive conservation plans at every national wildlife
refuge. Future funding of the National Wildlife Refuge System
is contingent upon reducing this backlog. The Service is
commended for its efforts to develop plans that are strongly
supported by the surrounding communities.
The 2013 Hopper Mountain, Bitter Creek, and Blue Ridge
National Wildlife Refuges Comprehensive Conservation Plan and
Environmental Assessment (CCP/EA) identifies approximately
5,728 acres of private property for potential future
acquisition to expand the Bitter Creek National Wildlife
Refuge. The Committee notes that, under current law, national
wildlife refuge regulations do not apply to private property
included in an approved acquisition boundary, and that the
Service only acquires private property from willing sellers. As
such, the Committee encourages the Service to work with
affected landowners to address concerns about the acquisition
boundary.
Refuge Maintenance is restored to the fiscal year 2017
enacted level of $138,188,000, of which $42,297,000 is to
continue to reduce the deferred maintenance backlog.
The Everglades Headwaters National Wildlife Refuge and
Conservation Area was created to protect one of the last
remaining grassland and longleaf pine savanna landscapes in
eastern North America while securing water resources for seven
million people in south Florida. The Committee supports
collaborative efforts to protect, restore, and conserve
habitats for one of the greatest ecological treasures of the
United States.
The Committee is concerned that there could be future
delays in Comprehensive Everglades Restoration Plan (CERP)
implementation caused by ecosystem-level restoration goals that
are in conflict with the specific needs of one endangered
species, the Cape Sable seaside sparrow. Such delays should be
unnecessary given that restoration activities will likely
produce net benefits for the species at the system level. The
Committee urges the Service to work with the State of Florida,
the National Park Service, the U.S. Geological Survey, the U.S.
Army Corps of Engineers, and local stakeholders to implement
the Memorandum of Understanding as quickly as possible, and to
consider developing a conservation plan for the endangered
sparrow. The Service is directed to update the Committee on its
progress within 180 days of enactment of this Act.
Migratory Bird Management.--The recommendation includes
$48,157,000 for migratory bird management, of which:
$31,039,000 is for conservation and monitoring, including
$350,000 for bird-livestock conflicts; $3,424,000 is for permit
processing; and $13,139,000 is for waterfowl management and the
joint venture program. The Service is commended for its efforts
to work with landowners to reduce black vulture predation on
livestock.
Law Enforcement.--The recommendation includes $75,053,000
for law enforcement, equal to the fiscal year 2017 enacted
level. The Service is directed to enforce illegal logging
violations pursuant to the Lacey Act.
Wildlife trafficking is funded at $7,500,000. Lawful
importers and exporters should not shoulder the cost burden of
a Service workload that has increased as global markets have
expanded and wildlife trafficking has become more
sophisticated. Service inspectors not only examine legal
declared packages but now must also undertake efforts to
interdict illegal shipments of wildlife and wildlife products.
Funds appropriated specifically to combat wildlife trafficking
may be used to supplement inspections.
The Committee supports efforts to streamline government
data collection for international trade transactions and
encourages the Service to expedite the re-engineering of the
FWS Message Set in the U.S. Customs and Border Protection's
Automated Commercial Environment, which is part of the
International Trade Data System. Continued collaboration will
advance this interface, allow pilot testing to be initiated as
soon as is feasible, and ultimately process cargo more
expeditiously while protecting against prohibited shipments.
The Service is directed to language in House Report 114-632
and Senate Report 114-281 regarding inspections of imported and
exported seafood. In coordination with the Secretary of
Commerce and the seafood industry, the Secretary is urged to
reevaluate Federal regulations for seafood inspections in order
to ensure that regulations are fair, that agency actions are
not duplicative, and that inspections are conducted
expeditiously to avoid economic hardship and loss to business
while protecting species from overfishing and illegal trade.
Outcomes of this reevaluation and a justification for any
continued or new regulations should be included in existing
industry outreach programs. Open communication between the
Service and inspected businesses is paramount to the success of
any inspection program.
International Affairs.--The recommendation includes
$15,816,000 for international affairs. Wildlife trafficking
programs are maintained at fiscal year 2017 enacted levels.
The Committee is concerned about illegal trade in
rhinoceros horn, elephant ivory, and harvested timber; the
large sums of money that these products command on the black
market; and the significant source of financing these
activities provide for armed insurgencies and groups with links
to transnational organized crime and terrorism. These
activities threaten the stability and development of African
countries and pose a threat to U.S. security interests. The
Committee supports Service programs in particular that focus
on: (1) site-based law enforcement protection in Africa for the
most at-risk populations of forest and savanna elephants; (2)
development and implementation of regional wildlife law
enforcement networks in Africa and Asia; and (3) training local
park guards and other wildlife law enforcement officers. These
programs should be carried out in coordination with other U.S.
agencies, local governments, and international conservation
partners. The Committee encourages coordination between the
Service and the Department of Homeland Security at U.S. ports
of entry.
The Service is encouraged to continue working with
stakeholders affected by recent actions taken by the Parties to
the Convention on International Trade in Endangered Species of
Wild Flora and Fauna (CITES) regarding international trade in
wood and wood products whose listing in Appendix II became
effective January 2, 2017. The Service should review what is
necessary to develop a domestic electronic permitting system
with the ultimate goal of working with other countries on a
universal electronic system which would expedite processing of
licit imports and exports of products made with these
materials. The Service should work with the Office of
Management and Budget on approval of an electronic form for
data collection and report back to the Committee on any
resources required for technology upgrades and workload
efficiencies.
The Committee recognizes the Service's work with Honduras,
El Salvador, Guatemala, and Mexico to conserve priority species
and ecosystems, and urges the continuation of these
international partnerships in fiscal year 2018.
The Committee directs the Fish and Wildlife Service to
conduct an internal review of its current CITES permitting
process for live plants, in an effort to identify ways to
create efficiencies in the permitting process. Within 150 days
of enactment of this Act, the Committee directs the Service to
provide a report of its findings to the Committee. The Service
is urged to consider efforts to streamline or otherwise create
efficiencies in the CITES permitting process for live plants
that would ameliorate any delays and to include these
suggestions in its report to the Committee.
Fish and Aquatic Conservation.--The recommendation includes
$159,714,000 for Fish and Aquatic Conservation. The Service is
directed to continue its tradition of improving freshwater
subsistence, commercial, and recreational fishing since 1871.
The recommendation includes $55,818,000 for National Fish
Hatchery System Operations, of which $1,200,000 is for Aquatic
Animal Drug Approval Partnership implementation and $51,167,000
is for general program activities. The Service is encouraged to
consider economic return-on-investment in the allocation of
funds.
The following programs are supported at not less than the
levels requested by the Service: Great Lakes Consent Decree,
$549,000; mass marking salmon in the Pacific Northwest,
$1,475,000; and wild fish health surveys, $1,427,000.
None of the funds may be used to terminate operations or to
close any facility of the National Fish Hatchery System. None
of the production programs listed in the March, 2013, National
Fish Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Tribes. The Service is
directed not to enter into reimbursable agreements for
mitigation hatchery production unless the Service is reimbursed
for production costs as well as proportional facilities and
administrative costs.
The Service is commended for recommitting to the National
Fishery Artifacts and Records Center and the Collection
Management Facility in South Dakota, and for sharing the costs
nationwide. Vacant positions should be filled and located at
the facility.
The recommendation includes $22,920,000 for Maintenance and
Equipment, of which: $8,065,000 is for annual maintenance;
$13,249,000 is for deferred maintenance; $1,088,000 is for
equipment replacement; and $518,000 is for fish and wildlife
conservation offices. The Service is commended for its efforts
to allocate deferred maintenance funds to facilities with the
most severe health and safety deficiencies across the System as
a whole, rather than by region. All other funds should continue
to be allocated as in prior years.
The recommendation includes $31,555,000 for Habitat
Assessment and Restoration. The following programs are funded
at the requested levels: Klamath Basin Restoration Agreement,
$1,610,000; National Fish Habitat Action Plan, $5,652,000; and
the Chehalis Fisheries Restoration Program, $268,000. The
National Fish Passage Program is restored to the fiscal year
2017 enacted level of $13,998,000. In addition, the
recommendation includes $5,000,000 to begin implementing the
Delaware River Basin Conservation Act; the Service is strongly
encouraged to enter into an agreement with an outside party for
grant management services.
The recommendation includes $28,392,000 for Population
Assessment and Cooperative Management. The following programs
are funded at the requested levels: Alaska fisheries
subsistence, $9,536,000; Atlantic salmon restoration, $532,000;
Great Lakes Consent Decree, $557,000; Great Lakes Fish and
Wildlife Restoration Act, $457,000; National Wild Fish Health
Survey, $36,000; Penobscot River restoration, $457,000;
Regional Mark Processing Center, $225,000; and Yukon River
Salmon Treaty, $2,687,000.
The recommendation includes $21,029,000 for Aquatic
Invasive Species. The Committee strongly supports efforts
coordinated by the Service and the States to prevent the spread
of aquatic nuisance species and to minimize their impacts on
human health and safety, recreation and transportation, water
infrastructure, and ecosystem health.
Of the amounts recommended: $799,000 is for control and
management; $1,321,000 is for prevention; $145,000 is for
restoration of the Chesapeake Bay ecosystem, as requested;
$1,000,000 is for the implementation of State and interstate
plans as authorized by the National Invasive Species Act
(NISA); $1,566,000 is for NISA administration and coordination;
$2,000,000 is for control and prevention of the spread of
quagga and zebra mussels; $710,000 is for sea lamprey control
administrative costs, as requested; $3,088,000 is to implement
subsection (d)(2) of Section 5, of Public Law 106-506, as
amended; and $10,400,000 is for controlling Asian carp in the
Mississippi and Ohio River Basins, and preventing them from
entering the Great Lakes.
Of the amount recommended for Asian carp control and
prevention, $2,000,000 is to supplement funding provided
through the Great Lakes Restoration Initiative for intensive
control efforts via contract fishing pursuant to individual
State laws and regulations and as called for in management
plans. Contract fishing has proven to be an extremely effective
method of control, and the intent of the additional $2,000,000
is to expand and perfect those efforts. This is a management
tool that is not meant to develop a sustainable commercial
fishery. The Service shall continue to work with its State
partners to gather data to analyze the impacts of contract
fishing to control abundance and movement of Asian carp.
Of the amount recommended for quagga mussel and zebra
mussel control and prevention, $1,000,000 should continue to be
allocated to implementation of quagga and zebra mussel control
and prevention as called for in State and interstate plans as
authorized by NISA, so that the total amount recommended in
this bill for State and interstate plans is not less than
$2,000,000.
Cooperative Landscape Conservation.--The recommendation
includes $12,988,000 for landscape conservation cooperatives
(LCCs). The Committee continues to be concerned about a lack of
State and Tribal support for LCCs in certain parts of the
country. The Service should focus on areas where LCC
partnerships are strongest.
Consistent with a recent Inspector General report, the
Service is directed to develop internal controls for the LCC
grant award process to mitigate duplication in research. Rather
than relying on informal and ad hoc coordination, the LCCs
should implement written, formal guidance (based on GAO
standards) for the award process. Such guidance should require:
the consistent use of a peer review process; technology that
easily identifies duplicative projects; notification from
applicants if they submit identical proposals to different
agencies; controls for checking information on current and past
projects; and certification that proposals have been examined
for duplication of research. LCCs should also store past,
current, and future project information in a single database so
that other LCCs, agencies, and the public may easily access
this catalog of information and research on the Internet.
Science Support.--The recommendation includes $16,985,000
for Science Support, of which: $8,517,000 is for Adaptive
Science general program activities; $3,968,000 is for Service
Science general program activities; and $4,500,000 is to
continue the search for a cure for white-nose syndrome in bats
and includes $2,000,000 transferred from Recovery. The Service
is expected to partner with Cooperative Research Units whenever
possible.
General Operations.--The recommendation includes
$130,352,000 for General Operations, as requested.
Everglades.--The recommendation includes $11,006,000 across
multiple programs for Everglades restoration, as requested,
including $2,631,000 to implement the Comprehensive Everglades
Restoration Plan (CERP).
Technical assistance for the promotion of hunting and
recreational shooting.--The Committee encourages the Secretary
to explore the benefits of allowing States to use a portion of
funds allocated to them by the Pittman-Robertson Wildlife
Restoration Act for any project or activity, including public
relations, designed to recruit or retain hunters and
recreational shooters.
CONSTRUCTION
Appropriation enacted, 2017........................... $18,615,000
Budget estimate, 2018................................. 15,800,000
Recommended, 2018..................................... 16,540,000
Comparison:
Appropriation, 2017............................... -2,075,000
Budget estimate, 2018............................. +740,000
The Committee recommends $16,540,000 for Construction,
$740,000 above the request. The recommendation restores Dam,
Bridge, and Seismic Safety to the fiscal year 2017 enacted
level. A detailed table of funding recommendations below the
account level is provided at the end of this report.
LAND ACQUISITION
Appropriation enacted, 2017........................... $59,995,000
Budget estimate, 2018................................. 17,051,000
Recommended, 2018..................................... 40,641,000
Comparison:
Appropriation, 2017............................... -19,354,000
Budget estimate, 2018............................. +23,590,000
The Committee recommends $40,641,000 for land acquisition,
and a $4,572,000 rescission of unobligated balances from prior
appropriations. Prior to implementation, the Service is
directed to submit the proposed allocation of the rescission
for Committee approval. A detailed table of funding
recommendations below the account level is provided at the end
of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-31.
In a time when budgetary constraints allow for only a
limited number of new land acquisition projects, the Committee
is encouraged by programs that leverage public/private
partnerships for land conservation like the Highlands
Conservation Act, which has a record of more than a 2 to 1
ratio in non-Federal matching funds. Therefore, the Committee
recommendation includes $10,000,000 for the Highlands
Conservation Act Grants and directs the Fish and Wildlife
Service to work with the Highlands States regarding priority
projects for fiscal year 2018.
The Committee is concerned about reports of contention
between the Service, the State of North Dakota, and private
landowners in regard to Federal purchase of easements for
waterfowl production areas. The Service is therefore directed
not to purchase any easement in the State of North Dakota if
such easement exceeds 50 years in duration, consistent with
State law. The Committee continues to support Federal land
acquisitions only when such acquisitions have strong local,
State, and Congressional support.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The Cooperative Endangered Species Conservation Fund
provides matching grants to States and territories for
endangered species recovery actions on non-Federal lands, and
provides matching funds for non-Federal land acquisition to
facilitate habitat protection.
Appropriation enacted, 2017........................... $53,495,000
Budget estimate, 2018................................. 19,303,000
Recommended, 2017..................................... 53,495,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +34,192,000
The Committee recommends $53,495,000 for the Cooperative
Endangered Species Conservation Fund, $34,192,000 above the
request. A detailed table of funding recommendations below the
account level is provided at the end of this report. The
Committee is concerned that the Service is limiting the amount
of funds for each Habitat Conservation Plan, resulting in
artificially high unobligated balances. The Service is directed
to apportion funds to Habitat Conservation Plans based on need
in order to increase on-the-ground conservation and eliminate
unobligated balances.
NATIONAL WILDLIFE REFUGE FUND
The National Wildlife Refuge Fund shares refuge revenues
and makes payments in lieu of taxes to counties in which
Service lands are located.
Appropriation enacted, 2017........................... $13,228,000
Budget estimate, 2018................................. 0
Recommended, 2018..................................... 13,228,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +13,228,000
The Committee recommends $13,228,000 for the National
Wildlife Refuge Fund, equal to the fiscal year 2017 enacted
level. Payments to counties in all 50 States, the Commonwealth
of Puerto Rico, Guam, and the U.S. Virgin Islands are estimated
to be $18,850,000 in fiscal year 2018 from the net refuge
receipts estimated to be collected in fiscal year 2017.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The North American Wetlands Conservation Act of 1989
provided for matching grants to carry out wetlands conservation
projects in the United States, Canada, and Mexico for the
benefit of wetlands-associated migratory birds and other
wildlife. Additional program funding comes from fines,
penalties, and forfeitures collected under the Migratory Bird
Treaty Act of 1918; from Federal fuel excise taxes on small
gasoline engines, as directed by amendments to the Federal Aid
in Sport Fish Restoration Act of 1950, to benefit coastal
ecosystem projects; and from interest accrued on the fund
established under the Federal Aid in Wildlife Restoration Act
of 1937. Authorization of appropriations expired in fiscal year
2012.
Appropriation enacted, 2017........................... $38,145,000
Budget estimate, 2018................................. 33,600,000
Recommended, 2018..................................... 38,145,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +4,545,000
The Committee recommends $38,145,000 for the North American
Wetlands Conservation Fund, $4,545,000 above the request. The
Service is urged to make wetlands restoration projects that
protect hunting and fishing treaty rights a higher priority,
and to include a discussion in its annual budget request.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The Neotropical Migratory Bird Conservation Act of 2000
authorized matching grants for the conservation of neotropical
migratory birds in the United States, Latin America, and the
Caribbean, with 75 percent of the amounts available to be
expended on projects outside the United States. Authorization
of appropriations expired in fiscal year 2010.
Appropriation enacted, 2017........................... $3,910,000
Budget estimate, 2018................................. 3,900,000
Recommended, 2018..................................... 3,900,000
Comparison:
Appropriation, 2017............................... -10,000
Budget estimate, 2018............................. 0
The Committee recommends $3,900,000 for neotropical
migratory bird conservation as requested.
MULTINATIONAL SPECIES CONSERVATION FUND
The Multinational Species Conservation Fund provides
technical assistance and matching grants to countries to
strengthen anti-poaching activities; builds community support
for conservation near these species' habitats; conducts
surveys, monitoring, and applied research; and provides
infrastructure and field equipment necessary to conserve
habitats. These funds help to leverage work with partners and
other collaborators to conserve and protect African and Asian
elephants, rhinoceroses, tigers, great apes, marine turtles,
and their habitats. Authorizations of appropriations for the
programs within this Fund have all expired.
Appropriation enacted, 2017........................... $11,061,000
Budget estimate, 2018................................. 9,000,000
Recommended, 2018..................................... 11,061,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +2,061,000
The Committee recommends $11,061,000 for the Multinational
Species Conservation Fund, $2,061,000 above the request. A
detailed table of funding recommendations below the account
level is provided at the end of this report. The Committee
recognizes that international wildlife trafficking has national
security implications and therefore supports the Service's
interagency and international cooperative efforts.
STATE AND TRIBAL WILDLIFE GRANTS
The State and Tribal Wildlife Grants Program provides
grants to States and Indian Tribes, the District of Columbia,
the Commonwealth of Puerto Rico, and the territories, to
conserve fish and wildlife that are at risk of being listed
under the Endangered Species Act (ESA). The intent is to avoid
the costly and time-consuming process of ESA listings and
related regulatory actions.
Appropriation enacted, 2017........................... $62,571,000
Budget estimate, 2018................................. 52,836,000
Recommended, 2018..................................... 62,571,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +9,735,000
The Committee recommends $62,571,000 for State and Tribal
Wildlife Grants, $9,735,000 above the request. A detailed table
of funding recommendations below the account level is provided
at the end of this report. Funding for State competitive grants
is restored. All three grant programs shall place the highest
priority on species included in the most recent Candidate
Notice of Review so as to preclude the need to list species
under the Endangered Species Act. The Service is expected to
document and communicate to the Congress whenever an Endangered
Species Act downlisting or delisting occurs, or whenever a
listing is otherwise no longer warranted, due in large part or
in whole to efforts funded through this program.
National Park Service
The mission of the National Park Service (Service) is to
preserve unimpaired the natural and cultural resources and
values of the national park system for the enjoyment,
education, and inspiration of this and future generations.
Established in 1916, the National Park Service has stewardship
responsibilities for the protection and preservation of the
heritage resources of the national park system. The system,
consisting of 417 separate and distinct units, is recognized
globally as a leader in park management and resource
preservation. The national park system represents much of the
finest the Nation has to offer in terms of natural beauty and
wildlife, historical and archeological relics, and cultural
heritage. Through its varied sites, the National Park Service
attempts to explain America's history, interpret its culture,
preserve examples of its natural ecosystems, and provide
recreational and educational opportunities for U.S. citizens
and visitors from all over the world. In addition, the National
Park Service provides support to Tribal, local, and State
governments to preserve culturally significant, ecologically
important, and public recreational lands.
OPERATION OF THE NATIONAL PARK SYSTEM
Appropriation enacted, 2017........................... $2,425,018,000
Budget estimate, 2018................................. 2,225,485,000
Recommended, 2018..................................... 2,410,031,000
Comparison:
Appropriation, 2017............................... -14,987,000
Budget estimate, 2018............................. +184,546,000
The Committee recommends $2,410,031,000 for Operation of
the National Park System (ONPS), $14,987,000 below the fiscal
year 2017 enacted level and $184,546,000 above the budget
request. The amounts recommended by the Committee compared with
the budget estimates by activity are shown in the table at the
end of this report.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Operation of the National Park System.--Maintaining
operations and visitor services at our national parks is a core
responsibility of the Service. The Committee notes that
national parks welcomed a record 323.6 million visitors in
fiscal year 2016, an increase of 46.8 million, or 17 percent,
from the previous year. In recent years, the Committee has made
a concerted effort to direct appropriated funds toward the ONPS
account to support a variety of critical priorities. These
funds support operations and visitor services including law
enforcement; facility operations; new responsibilities and
critical needs at new Park Service units including sites
associated with the Civil Rights movement; and longstanding
deferred maintenance priorities including repair and
rehabilitation projects and cyclic maintenance needs on high
priority park assets across the entire system.
The Committee opposes reductions as proposed in the budget
request that would diminish visitor services and reduce park
and program operations system-wide. Such actions would have an
immediate impact on day-to-day operations and would result in
limiting the use of or closing certain areas, such as
campgrounds and facilities, and reducing or eliminating hours
of operations and visitor services to the public, at national
parks. Proposed reductions to both the seasonal and permanent
workforce would also have an immediate impact on park
operations. Such proposals do not serve the public well
particularly at this time of record National Park Service
visitation.
Resource Stewardship.--The bill provides $328,955,000 for
resource stewardship, equal to the fiscal year 2017 enacted
level. The bill includes $2,000,000 to continue zebra and
quagga mussel containment, prevention, and enforcement. This
funding was included in the fiscal year 2017 enacted bill but
was not proposed in the budget request.
Visitor Services.--The bill provides $252,103,000 for
visitor services. The bill includes funding for the National
Capital Area Performing Arts Program which was proposed for
termination in the budget request.
Park Protection.--The bill provides $352,443,000 for park
protection, $4,200,000 below the fiscal year 2017 enacted
level. Reductions are for non-recurring expenses related to the
Presidential Inauguration.
Facility Maintenance and Operations.--The bill provides
$768,892,000 for facility maintenance and operations,
$9,692,000 below the fiscal year 2017 enacted level. The
Committee approves the Service's proposal to eliminate the Flex
Park program in order to focus resources on critical park
operations and programs. The recommendation retains the
$25,000,000 increase for repair and rehabilitation projects and
the $13,689,000 increase for cyclic maintenance needs included
in the Consolidated Appropriations Act, 2017. These funds are
critical to addressing longstanding deferred maintenance needs.
Park Support.--The bill provides $528,066,000 for park
support, equal to the fiscal year 2017 enacted level.
The Committee recommendation for Operation of the National
Park System includes the following additional guidance:
Aquatic Invasive Mussels.--The Committee remains concerned
about the spread of quagga and zebra mussels in the western
United States. As of 2016, there were nine western parks with
established quagga and zebra mussel management or prevention
programs. The Committee recognizes and commends the
considerable effort and collaboration involving western
governors, as well as Federal, State, and Tribal partners, to
recently develop a package of actions and initiatives to
protect areas in the West from the economic and ecological
threats posed by invasive mussels. Inspecting and
decontaminating recreational watercraft is one critical element
toward preventing and containing the spread of invasive
mussels. The Committee urges the Secretary of the Interior to
continue to work with State and Tribal partners, and other
stakeholders, on containment, prevention, and enforcement
efforts at these parks, and NPS-managed waterbodies including
Lake Powell and Lake Mead, following the Western Regional Panel
on Aquatic Nuisance Species Uniform Minimum Protocols and
Standards for Watercraft Inspection and Decontamination
Programs and consistent with the Quagga/Zebra Mussel Action
Plan for Western U.S. Waters. Further, consistent with fiscal
year 2017, the Committee provides the Service with $2,000,000
for quagga and zebra mussel containment, prevention, and
enforcement. These funds complement additional funds contained
in this bill directed toward protecting our waterways and
ecosystems from the serious threat of invasive mussels and
other invasive species.
Eastern Legacy Study (Lewis and Clark Trail Study).--The
Eastern Legacy Study authorized to determine the feasibility of
extending the Lewis and Clark National Historic Trail is now
four years overdue. While the Committee appreciates that the
study area is approximately 7,400 miles across 14 eastern
States and the District of Columbia, the Committee directs the
Service to work expeditiously to complete the study in a timely
fashion and report back to the Committee on any impediments to
completion.
Death Valley National Park.--Scotty's Castle, a historic
national landmark in Death Valley National Park, has been
closed to the public since flash floods damaged the landmark's
visitor center, museum, and nearby roads in 2015. More rain
fell in two days than normally occurs in a year resulting in
mud and debris measuring four feet thick in some areas. Repairs
are necessary to flood control berms, the facility's
electrical, sewer, and water system, and to the physical
buildings. The Committee is pleased that the budget request
includes funding within the Construction account for these
critical repairs. The Committee directs the Service to take
steps to ensure the security and protection of Scotty's Castle,
and the contents of the museum, to protect from theft and
trespassing at this iconic historic landmark.
Mississippi National River and Recreation Area.--The
Committee directs the Service to report, within 180 days of
enactment of this Act, on progress in identifying potential
site options and associated costs for the development of a
permanent headquarters and visitor use facility at the
Mississippi National River and Recreation Area as described in
the report accompanying P.L. 114-113. The Service shall work
with government and non-government partners to determine the
feasibility of potential site options and their suitability to
support visitor use and park interpretation in accordance with
the themes as outlined in the 2014 Mississippi National River
and Recreation Area Foundation Document.
Elwha Water Facilities.--The Committee is concerned that
although the Service initiated discussions regarding the
transfer of ownership of the Elwha Water Facilities (EWF) to
the City of Port Angeles in 2014, the Service and the City have
not reached consensus on a Transfer Agreement. Therefore, the
Committee directs the Service to work with the City to develop
a report outlining how the Service has met or intends to meet
its obligations under Section 4(a)(3) of P.L. 102-495 prior to
initiating any transfer of the EWF. This report should be
transmitted to the Committee six months from the date of the
enactment of this Act and must include the following: 1) a plan
to assist the City in securing all necessary permits required
for the City to operate the EWF; 2) the scope of capital
improvements requested by the City to reduce annual operating
costs; and 3) a joint plan to implement any necessary capital
improvements agreed to by both the City and the Service to meet
the requirements of P.L. 102-495. The Committee urges the
Service to continue operation and maintenance of the EWF
subject to authority and appropriations available to the
Service. The Committee also urges the parties to reach
agreement on transfer as quickly as possible.
Biscayne Bay Park Marine Reserve Zone.--The Committee is
pleased with recent efforts by Biscayne National Park (BNP) to
re-establish open dialogue and productive coordination with
Congress and the State of Florida's Fish and Wildlife
Conservation Commission (FWC) regarding special rulemaking for
the proposed no-fishing marine reserve zone that was included
in the BNP's General Management Plan (GMP).
The Committee urges the Service to collaborate with PWC to
consider fisheries regulations and management actions outlined
in BNP's current Fishery Management Plan (FMP) as necessary to
fully address fishery management needs, including within the
proposed no-fishing marine reserve zone, prior to promulgating
and implementing any special rules. Such efforts shall include
review and consideration of less restrictive management actions
that could achieve the intent of Biscayne's GMP in lieu of a
blanket fishing moratorium. The Committee also urges the
Service to strongly consider the inclusion of scientifically
rigorous monitoring and an adaptive management framework to
guide data collection and future management as part of any
special rules and regulations promulgated and implemented to
govern the protection of coral reef resources within the
proposed no-fishing marine reserve zone. Such monitoring should
include well-planned, extensive, and scientifically rigorous
data from appropriate fish and coral communities, collected
prior to the establishment of a blanket fishing moratorium.
The Committee recommends that BNP re-establish the
Memoranda of Understanding (MOU) with FWC that until its recent
expiration had guided a productive Federal-State partnership
for the protection of Biscayne's iconic resources. The
Committee also encourages Biscayne National Park to re-
establish a Fisheries Working Group that includes local
representatives from the recreational and commercial fishing
communities, and the businesses and nonprofit organizations
that support these communities, to engage this user community
in the development and implementation of consensus special
rules and regulations to achieve the intent of Biscayne's GMP
in lieu of a blanket fishing moratorium.
The Committee notes that FWC retains all authorities to
implement fishing restrictions in State regulated waters of
Biscayne National Park, subject to authority provided the
Secretary in the park's enabling legislation.
Everglades Restoration.--The Committee notes the
substantial progress made toward restoration of the Everglades
ecosystem and continues to support this multi-year effort to
preserve one of the great ecological treasures of the United
States.
Vicksburg National Military Park.--The Committee is
concerned about erosion and soil and ground deterioration
affecting historic elements of Vicksburg National Memorial
Park, including the Texas State Memorial and the Railroad
Redoubt. The Committee urges the Service to assess on-the-
ground conditions and take all necessary steps to ensure the
park is safe for visitors and employees, and is preserved for
future generations.
American Discovery Trail.--The Committee urges the Service,
the Bureau of Land Management, and the U.S. Forest Service, in
conjunction with all relevant law, regulations, and policies,
to work with relevant and appropriate stakeholders to
facilitate installing signage for the American Discovery Trail.
Wetumpka Marine Impact Crater.--The Wetumpka Impact Crater,
located in Elmore County, Alabama, is a uniquely preserved
marine impact crater created approximately 80 million years ago
when an asteroid measuring an estimated 350 meters in diameter
struck a coastal basin under 300-400 feet of water. The crater
is widely considered to be the best preserved marine impact
crater ever discovered and one of only about six in the entire
world. Given that the crater is an extremely rare and well-
preserved geologic feature of national and international
significance, the Committee urges the Service to assess the
suitability of designating the Wetumpka Marine Impact Crater as
a National Natural Landmark.
World War II Memorial.--The Committee recognizes that the
World War II Memorial is one of the most visited memorials in
our Nation's Capital. To accommodate rising visitation and
modern means of creative narrative preservation, similar to
other U.S. supported World War II memorials around the world,
the Committee urges the Department to report to the Committee
within 90 days of enactment of this Act on ongoing plans to
upgrade the premises to enhance historical interpretation for
veterans and other visitors.
Outreach.--The Committee recognizes that the Service has
taken steps to increase outreach, make parks more accessible,
and increase recruitment within minority schools and
communities. The Committee encourages the Service to continue
these efforts and work to develop partnerships and programs
with Hispanic Serving Institutions, Historically Black Colleges
and Universities, and other Minority Serving Institutions that
contribute to the mission of the National Park Service.
World Heritage Sites.--The Committee urges the Service to
prioritize funding for the backlog of maintenance and
preservation projects including National Park System units
designated as World Heritage Sites.
Arlington Memorial Bridge.--Recent inspections of the
Arlington Memorial Bridge by the Federal Highway Administration
(FHA) revealed severe deterioration that had accelerated since
a 2015 inspection. More than 68,000 vehicles traverse the
bridge between Virginia and the District of Columbia on a daily
basis. Repair and renovation costs to the bridge--the symbolic
entry to Washington, DC, as well as the gateway to Arlington
National Cemetery--are estimated at $262 million.
The National Park Service and engineers from the FHWA have
been monitoring the condition of the bridge for many years,
making minor repairs as needed and recently limiting vehicle
weight to ensure safe operation. Federal engineering inspectors
have determined that significant structural issues including
ongoing deterioration of trunnion posts (support structures for
the bascule span) and the bridge decking must be addressed
within four years or, as the Federal Highway Administration
concluded, the bridge will have to be closed in 2021.
The Fixing America's Surface Transportation (FAST) Act
(P.L. 114-94), established two Department of Transportation
grant programs to address large, complex, nationally
significant projects like the Memorial Bridge rehabilitation.
The Service and the District submitted a grant application and
the project was awarded a $90 million U.S. Department of
Transportation grant in September, 2016. Funding challenges
remain. According to the Service, the project is planned to be
completed in two phases. The first phase includes repairs to
the trunnion posts and rehabilitation of the approach spans.
The second phase would complete rehabilitation of the bascule
span and foundation repairs.
The Memorial Bridge rehabilitation and reconstruction
effort will require the active bipartisan support of Federal,
State, and local leaders. The Committee understands that the
Service, with the District of Columbia as a sponsor, has
applied for an additional $60 million grant under the FAST Act,
to contribute towards completion of the second phase of the
project. The Committee urges the Department of the Interior and
the Service to pursue coalitions and partnerships, modeled
after similar projects including the Tamiami Trail bridge
project within Everglades National Park, to leverage and secure
necessary funding to complete this critical project in a timely
manner.
U.S. Capitol Concerts.--The Committee continues its
longstanding support for funding for the National Capitol Area
Performing Arts Program and directs the Service to maintain
funding for the summer concert series staged on the U.S.
Capitol grounds at the fiscal year 2017 enacted level.
Ozark National Scenic Riverways.--The Committee understands
concerns have been expressed regarding potential access
restrictions in certain areas of the Ozark National Scenic
Riverways. These concerns over restrictions to access points,
trails, and reductions of allowable horsepower for motorized
vessels in certain areas of the Ozark National Scenic Riverways
merit continued examination and review by the Service. The
Service is directed to work collaboratively with affected
parties with the intent of honoring traditional access and
ensuring that implementation of the General Management Plan for
the Ozark National Scenic Riverways addresses the legitimate
concerns of affected stakeholders including, but not limited
to, local communities and businesses.
St. Anthony Falls Lock.--The Committee is aware that the
U.S. Army Corps of Engineers will be initiating a study related
to the disposition of St. Anthony Falls Lock in Minnesota. The
Committee opposes the Service taking on the ownership of this
lock, as it is beyond the Service's current operations and
could require significant funds. As such, prior to entering
into any agreement with the Corps regarding ownership of the
lock or establishment of facilities operated or maintained by
the Service at the lock, the Service is directed to request and
receive any necessary appropriations from Congress.
Yosemite Medical Clinic.--The Committee recognizes the
valuable medical services provided by the Yosemite National
Park Medical Clinic. With the nearest full-service hospital
hours away, Yosemite National Park has operated a medical
clinic since 1929 to stabilize and treat victims of illnesses
and injuries within the park. The Committee understands that
the clinic no longer has retention authority for fees collected
by the clinic for services provided. The Committee urges the
Service to report to the Committee within 60 days of enactment
of this Act on steps being taken to ensure the continued
operation of the clinic in fiscal year 2018.
Bill Language.--The Committee has, since 2006, included
bill language authorizing the Secretary of the Interior to
acquire or lease property to facilitate the transportation of
visitors to and from Ellis, Governors, and Liberty Islands, NY
and NJ. The language was necessitated by the need to establish
a screening process for visitors to the Statue of Liberty in
the aftermath of the events of September 11, 2001. While the
location of future, permanent screening facilities for the
ferry operation to the Statue of Liberty and Ellis Island is
now uncertain, prior-year bill language is retained as the
Service reviews the security risks of alternative sites before
making final decisions on the future location of permanent
security screening facilities.
NATIONAL RECREATION AND PRESERVATION
The National Recreation and Preservation account provides
for outdoor recreation planning, preservation of cultural and
national heritage resources, technical assistance to Federal,
State and local agencies, and administration of Historic
Preservation Fund grants.
Appropriation enacted, 2017........................... $62,638,000
Budget estimate, 2018................................. 37,001,000
Recommended, 2018..................................... 59,629,000
Comparison:
Appropriation, 2017............................... -3,009,000
Budget estimate, 2018............................. +22,628,000
The Committee recommends $59,629,000 for national
recreation and preservation, $3,009,000 below the fiscal year
2017 enacted level and $22,628,000 above the budget request.
The amounts recommended by the Committee compared with the
budget estimates by activity are shown in the table at the end
of this report.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Management Efficiencies.--The Committee accepts the program
consolidations proposed in the budget request for Recreation
Programs and Grants Administration to achieve management
efficiencies within the National Recreation and Preservation
account.
Heritage Partnership Program.--The bill provides
$19,821,000 for the Heritage Partnership Program (HPP), equal
to the fiscal year 2017 enacted level. These funds support
grants to local nonprofit groups in support of historical and
cultural recognition, preservation and tourism activities. The
Committee commends the Alliance of National Heritage Areas for,
in response to Congressional direction, recently developing an
allocation model that maintains core services of more
established areas while proposing more resources to newer areas
to provide additional economic and cultural opportunities in
the communities they serve. The Committee continues to
encourage heritage areas to develop plans for long-term self-
sufficiency as the Committee fully expects pressure on HPP
funding to continue in future years.
Chesapeake Gateways and Trails.--The Committee maintains
funding for the Chesapeake Gateways and Trails program at the
fiscal year 2017 enacted level.
Native American Graves Protection and Repatriation
Grants.--The Committee supports the Native American Graves
Protection and Repatriation Grant Program and maintains funding
at the fiscal year 2017 enacted level.
Japanese American Confinement Site Grants.--The Committee
supports the Japanese American Confinement Site Grant Program
and maintains funding at the fiscal year 2017 enacted level.
The program leverages proportional funding through partnerships
with local preservation groups to preserve Japanese American
World War II confinement sites.
American Battlefield Protection Program Assistance
Grants.--The Committee supports the American Battlefield
Protection Program and maintains funding at the fiscal year
2017 enacted level. The Committee recognizes the importance of
public-private partnerships to maintain the preservation of
America's battlefields and urges the Service to give priority
to projects with broad partner support, including non-profits,
academic institutions, and regional, State, Tribal and local
government agencies, and in which the partner commits to match
the grants on a 1:1 basis. The Committee continues to encourage
the timely review and processing of grants.
Maritime Heritage Preservation.--The Committee is aware of
the Service's cooperative partnership with the Maritime
Administration to promote public awareness and appreciation for
the Nation's maritime heritage, including the National Maritime
Heritage Grant Program. The Committee supports the efforts of
this grant program to advance educational efforts and address
preservation of historically significant maritime properties,
including historic battleships.
HISTORIC PRESERVATION FUND
The Historic Preservation Fund supports the State historic
preservation offices to perform a variety of functions. These
include State management and administration of existing grant
obligations; review and advice on Federal projects and actions;
determinations and nominations to the National Register; Tax
Act certifications; and technical preservation services. The
States also review properties to develop data for planning use.
Funding in this account also supports direct grants to
qualifying organizations for individual preservation projects
and for activities in support of heritage tourism and local
historic preservation.
Appropriation enacted, 2017........................... $80,910,000
Budget estimate, 2018................................. 51,100,000
Recommended, 2018..................................... 75,410,000
Comparison:
Appropriation, 2017............................... -5,500,000
Budget estimate, 2018............................. +24,310,000
The Committee recommends $75,410,000 for historic
preservation, $5,500,000 below the fiscal year 2017 enacted
level and $24,310,000 above the budget request.
Additional Guidance.--The following guidance is provided
with respect to funding provided within this account:
State and Tribal Historic Preservation Offices.--The bill
provides $46,925,000 for State Historic Preservation Offices
and $9,485,000 for Tribal Historic Preservation Offices. The
bill also provides $11,000,000 for competitive grants of which
$500,000 is for grants to underserved communities and
$10,500,000 is for competitive grants to document, interpret,
and preserve historical sites associated with the Civil Rights
Movement. The bill also includes $3,000,000 for competitive
grants to Historically Black Colleges and Universities (HBCUs)
and $5,000,000 for the Save America's Treasures competitive
grant program for preservation of nationally significant sites,
structures, and artifacts.
CONSTRUCTION
Appropriation enacted, 2017........................... $209,353,000
Budget estimate, 2018................................. 226,529,000
Recommended, 2018..................................... 219,844,000
Comparison:
Appropriation, 2017............................... +10,491,000
Budget estimate, 2018............................. -6,685,000
The Committee recommends $219,844,000 for Construction,
$10,491,000 above the fiscal year 2017 enacted level and
$6,685,000 below the budget request.
Line-Item Construction.--The bill provides $129,011,000 in
funding for line-item construction projects. The amount
provided fully funds the 16 line-item construction projects in
the fiscal year 2018 budget request as prioritized and revised
by the Service and provided to the House Committee on
Appropriations on June 30, 2017. Requests for reprogramming
will be considered pursuant to the guidelines contained in this
report.
Bill Language.--The Committee has maintained bill language
from prior years providing that a single procurement may be
issued which includes the full scope of the project for any
project initially funded in a fiscal year with a future phase
indicated in the NPS five-year Line-Item Construction program.
The solicitation and contract in such procurement shall be
subject to availability of funds. Executing a single contract
has the potential to increase economies of scale and reduce
overall costs.
LAND AND WATER CONSERVATION FUND
RESCISSION
Appropriation enacted, 2017........................... -$28,000,000
Budget estimate, 2018................................. -28,020,000
Recommended, 2018..................................... -28,020,000
Comparison:
Appropriation, 2017............................... -20,000
Budget estimate, 2018............................. 0
The Committee recommends the rescission of the annual
contract authority provided by 16 U.S.C. 4601-10a. This
authority has not been used in years and there are no plans to
use it in fiscal year 2018. The Committee does not agree with
the Administration's proposal to permanently cancel the
authority.
LAND ACQUISITION AND STATE ASSISTANCE
Appropriation enacted, 2017........................... $162,029,000
Budget estimate, 2018................................. 26,380,000
Recommended, 2018..................................... 120,575,000
Comparison:
Appropriation, 2017............................... -41,454,000
Budget estimate, 2018............................. +94,195,000
The Committee recommends $120,575,000 for land acquisition
and state assistance, and a $4,500,000 rescission of
unobligated balances from prior appropriations. Prior to
implementation, the Service is directed to submit the proposed
allocation of the rescission for Committee approval.
The recommendation includes $70,000,000 for State
Conservation Grants; $5,000,000 for the competitive Outdoor
Recreation Legacy Partnership (ORLP) grant program; and
$16,000,000 for acquisitions. Additionally, $10,000,000 is
included for the American Battlefield Protection Program
(ABPP), equal to the fiscal year 2017 enacted level and
$1,519,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-31.
The Committee is aware of concerns that State Assistance
grants, and particularly the Outdoor Recreation Legacy
Partnership (ORLP) grants, are not being processed in a timely
manner. Administrative expenses are funded at the fiscal year
2017 enacted level to ensure staffing is not the issue. It is
the Committee's expectation that formula grants be announced by
the Secretary and apportioned to the States within 90 days of
enactment of this Act. While the ORLP is a relatively new
program, the process for grant announcement, review and award
needs to be improved. The Service is encouraged to work with
partners to standardize and improve the annual process.
CENTENNIAL CHALLENGE
Appropriation enacted, 2017........................... $20,000,000
Budget estimate, 2018................................. 14,971,000
Recommended, 2018..................................... 15,000,000
Comparison:
Appropriation, 2017............................... -5,000,000
Budget estimate, 2018............................. +29,000
The Committee has provided $15,000,000 for the Centennial
Challenge matching grant program. From amounts in the
Centennial Challenge account, the Committee encourages the
Department to make $2,000,000 available for critical programs
and projects, pursuant to 54 U.S.C. 1011 Subchapter II, subject
to the terms and conditions outlined in Title IV of P.L. 114-
289. The Committee notes that the $15,000,000 in Centennial
Challenge funds provided to the Service in fiscal year 2016 was
matched with nearly $33,000,000 from more than 90 partner
organizations nationwide. These funds financed 69 projects to
improve visitor services at more than 63 parks in 38 states,
the District of Columbia, and the U.S. Virgin Islands.
The Committee understands that funds provided will be
matched on at least a 1:1 basis and administered under existing
Service partnership authorities. Funds provided will be
dedicated to supporting signature projects and programs which
provide critical enhancements for the parks beyond amounts
provided for basic operations. The Committee directs that
preference be given to projects that have a clear and immediate
visitor benefit as well as a higher partner match. The
Committee further encourages the Service to provide
consideration to Centennial Challenge projects which have a
deferred maintenance component in order to alleviate the
sizeable deferred maintenance backlog within the System. The
Committee notes that the Service has a long history of working
with philanthropic partners and fully supports the use of
public-private partnerships wherever feasible.
United States Geological Survey
The United States Geological Survey (USGS, or ``Survey'')
was established by an Act of Congress on March 3, 1879, to
support the mission of the Department of the Interior and its
science requirements. The USGS also works in collaboration with
other Federal, State, and Tribal cooperators to conduct
research and provide scientific data and information to
describe and understand the Earth; minimize loss of life and
property from natural disasters; manage water, biological,
energy, and mineral resources; and enhance and protect our
quality of life. The USGS is the Federal government's largest
earth-science research agency and the primary source of data on
the Nation's surface and ground water resources. For more than
a century, the diversity of scientific expertise and
collaborative partnerships with universities, research
institutions, and major public and private laboratories has
enabled USGS to carry out large-scale, multi-disciplinary
investigations and provide impartial scientific information to
resource managers, planners, policymakers, and the public.
SURVEYS, INVESTIGATIONS, AND RESEARCH
Appropriation enacted, 2017........................... $1,085,167,000
Budget estimate, 2018................................. 922,168,000
Recommended, 2018..................................... 1,038,922,000
Comparison:
Appropriation, 2017............................... -46,245,000
Budget estimate, 2018............................. +116,754,000
The Committee recommends $1,038,922,000 for Surveys,
Investigations, and Research, $46,245,000 below the fiscal year
2017 enacted level and $116,754,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
Congressional Budget Justification.--The Committee directs
the Survey to include in future justifications base funding for
any subactivity, program, project, or study proposed for
increases or reductions.
Ecosystems.--The Committee recommends $153,032,000 for
ecosystem programs, $6,700,000 below the fiscal year 2017
enacted level and $20,904,000 above the budget request. The
Survey provides critical scientific research and data to land
and water managers in priority landscapes including the
California Bay Delta, the Everglades, the Chesapeake Bay and
the Great Lakes, and the Committee expects this work to
continue. The Greater Everglades and the Chesapeake Bay
Research and Monitoring programs are funded at fiscal year 2017
enacted levels.
The Committee recognizes that other Interior bureaus,
Federal, State, Tribal and local partners rely on the Survey's
Species-Specific Wildlife and Species-Specific Fisheries
Research, and recommends these programs continue to be funded
at fiscal year 2017 enacted levels.
The recommendation includes Contaminants Research funding
at fiscal year 2017 enacted levels.
The Committee continues to be concerned about the economic,
ecologic, and health threats posed by invasive species. The
recommendation includes no less than $5,620,000 for Asian carp
control.
The Survey is encouraged to pursue innovative solutions for
continued curation of collections housed at the Smithsonian
Institution.
The Committee recognizes the value of the Cooperative
Research Units (CRUs) program and encourages the Department to
develop a plan to address and fill open positions at research
institutions and at CRUs as quickly as practicable so as to not
jeopardize the educational pipeline.
Land Resources.--The Committee accepts the budget
restructure as proposed in the request and recommends
$120,603,000 for the Land Resources mission area. The
recommendation includes an additional $8,300,000 for the
continued development of a ground system for Landsat-9. Within
funds provided for the National Land Imaging program,
$4,847,000 is included for the National Civil Applications
Center.
The Committee recognizes the value of partnerships with
research universities, Tribes and Tribal colleges and expects
the eight regional science centers to remain open and operating
from within funds provided.
Energy, Mineral, and Environmental Health.--The Committee
recommends $96,091,000 for energy, mineral resources and
environmental health. The Containment Biology program is funded
at the fiscal year 2017 enacted level.
The Toxic Substances Hydrology program is funded at
$11,398,000. The Committee supports the continuation of USGS
research on understanding the prevalence of toxins in the
nation's natural bodies of water by expanding its understanding
of cyanobacteria and toxins in stream and wetland ecosystems.
The recommendation includes an increase of $350,000 for the
Survey to study cyanobacteria, increase our understanding of
harmful algal blooms, and strengthen our ability to respond to
outbreaks. USGS is encouraged to participate in interagency
efforts to expedite the development and deployment of remote
sensing tools to assist with early event warning delivered
through mobile devices and web portals.
Natural Hazards.--The Committee recommends $141,504,000 for
natural hazards programs, of which $64,303,000 is provided for
earthquake hazards.
The Committee recommends $10,200,000 for continued
development, expansion, and upgrading of the infrastructure
necessary for an earthquake early warning system. The Committee
is also concerned about the lack of knowledge and offshore
real-time instrumentation available for the Cascadia subduction
zone. Our scientific understanding of earthquakes and the ocean
environment will benefit from the wealth of offshore data that
should be collected. The continued development of an early
earthquake warning system for the Cascadia system would help
prepare for and mitigate the negative human and economic
impacts to the Pacific Northwest.
The recommendation includes $800,000 for the Central and
Eastern U.S. Seismic Network (CEUSN) and $6,250,000 for support
for regional earthquake monitoring, assessments, and research.
The Committee recommends $26,521,000 for the Volcano
Hazards program of which $1,000,000 is to continue necessary
work on next-generation lahar detection systems at very high
threat volcanoes. The Survey is directed to keep the Committee
informed on progress made with the additional funding provided
for volcano hazards in the Consolidated Appropriations Act,
2017 (P.L. 115-31).
Water Resources.--The Committee recommends $210,754,000 for
Water Resources. The recommendation does not support reductions
to the National Research Program which would reduce research at
the 32 USGS Water Science Centers across the country. Regional
Groundwater Evaluations in the Coastal Lowlands and California
Coastal Basin Aquifers, and the Groundwater Model Development,
Maintenance, and Sustainability program are funded at fiscal
year 2017 levels.
The Cooperative Matching Funds program is designed to bring
State, Tribal, and local partners together to respond to
emerging water issues through shared efforts and funding. The
recommendation provides $59,927,000, equal to the fiscal year
2017 enacted level.
Streamgages are crucial to early warning and flood damage
reduction efforts across the United States. The Committee
recommends $73,173,000 for the groundwater and streamflow
information program, with a $500,000 increase for additional
streamgage capacity and rapid deployable streamgages necessary
during severe weather events. The National Groundwater
Monitoring Network is funded at the fiscal year 2017 enacted
level.
The Committee recommends $89,029,000 for the National Water
Quality program, and directs no less than $2,000,000 to harmful
algal bloom (HAB) science. The Urban Waters Federal Partnership
is funded at the fiscal year 2017 enacted level of $717,000.
The National Atmospheric Deposition Program is funded at
$1,576,000.
The Water Resources Research Act was designed to provide
more effective coordination of the nation's water research by
establishing Water Resources Research Institutes at
universities in each state, territory, and the District of
Columbia. These institutes provide vital support to
stakeholders, States and Federal agencies for long-term water
planning, policy development, and resource management. The
program is funded at the fiscal year 2017 enacted level of
$6,500,000.
Core Science Systems.--The Committee recommends
$114,737,000 for core science systems, of which $24,397,000 is
for the National Cooperative Geologic Mapping program. The
recommendation includes $67,354,000 for the National Geospatial
program, of which $22,500,000 is for 3DEP National Enhancement.
Landscape level assessments--Chesapeake Bay, Geospatial
Research and 3DEP Technical Support, 3DEP Program Functions,
and the Federal Geographic Data Committee Functions are funded
at fiscal year 2017 enacted levels.
Science Support.--The Committee recommends $100,331,000 for
science support.
Facilities.--The recommendation includes $94,604,000 for
rental payments and operations and maintenance. The Committee
needs more information about the additional $10,500,000
requested for the rent increase at the GSA-owned Menlo Park
campus. The Committee understands that the Survey is working
with GSA on a rent deviation plan, and is preparing to relocate
to the NASA Ames Research Center at Moffett Field to save
costs. The Survey is directed to work with GSA to develop a
multi-year cost plan for Menlo Park and to brief the Committee
once it is completed.
Bill Language.--The bill modifies an administrative proviso
to clarify that the Survey may use appropriations for the
placement of seismic equipment, in addition to gauging stations
and observation wells.
Bureau of Ocean Energy Management
The Bureau of Ocean Energy Management is responsible for
the development of the Nation's offshore energy and mineral
resources. The Bureau's management of these resources helps
meet the Nation's energy needs by providing access to--and fair
return to the American taxpayer for--offshore energy and
mineral resources through strategic planning and resource and
economic evaluation. Conventional energy activities include
development of the Five-Year Outer Continental Shelf (OCS) Oil
and Gas Leasing Program; assessment of mineral resource
potential, tracking of inventories of oil and gas reserves, and
development of production projections; and economic evaluation
to ensure the receipt of fair value through lease sales and
lease terms.
OCEAN ENERGY MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
Appropriation enacted, 2017........................... $169,560,000
Budget estimate, 2018................................. 171,000,000
Recommended, 2018..................................... 171,000,000
Comparison:
Appropriation, 2017............................... +1,440,000
Budget estimate, 2018............................. 0
The Committee recommends $171,000,000 for Ocean Energy
Management, as requested. This amount will be partially offset
with the estimated collection of rental receipts and cost
recovery fees totaling $56,834,000.
The Committee supports the proposed increases for the five-
year leasing review, and encourages an expeditious and thorough
review.
The Committee notes the continued decline in rental
receipts in fiscal year 2018, and the budget fails to offer a
corrective action plan to mitigate. The Committee rescinds
$25,000,000 in unobligated prior year balances in order to
partially offset the need for increased discretionary spending.
The Bureau should not expect that the Committee will substitute
increased appropriated funds for lower offsetting collections
in future years.
Further, the Committee recommendation does not provide
funding for National Ocean Policy Coastal and Marine Spatial
Planning.
The Committee is concerned that the current unsolicited bid
process for siting offshore renewable energy projects may not
consider the full suite of offshore marine uses in a
deliberative manner. New developments in the marine environment
should be sited in locations that balance their potential
benefits with minimization of impacts to the environment and
other important activities, following pre-lease consultation
with pre-existing users of such an ocean area. In order to
maintain a strong Federal-State partnership for offshore
operations, the Bureau should consult with the respective state
task forces prior to the issuance of a lease, review and
approval of a site assessment plan, review and approval of a
construction and operations plan, or issuance of a construction
and operations permit in fiscal year 2018.
Finally, the Committee encourages the Bureau to work with
North Carolina stakeholders, industry and State task forces
with respect to any change in the approach to wind lease sales
in the Wilmington Wind Energy Area.
Bureau of Safety and Environmental Enforcement
The Bureau of Safety and Environmental Enforcement is
responsible for oversight of exploration, development, and
production operations for oil, gas, and other marine minerals
on the Outer Continental Shelf (OCS). Leases in Federal waters
off the shores of California, Alaska, and the Gulf of Mexico
provide about 16 percent of the Nation's oil production and
about 5 percent of domestic natural gas production. The Bureau
facilitates the safe and environmentally responsible
development of oil and gas and the conservation of offshore
resources. The Bureau's safety and environmental compliance
activities include oil and gas permitting; facility
inspections, regulations and standards development; safety and
oil spill research; field operations; environmental compliance
and enforcement; review of operator oil spill response plans;
production and development; and operation of a national
training center for inspectors and engineers.
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
Appropriation enacted, 2017........................... $189,772,000
Budget estimate, 2018................................. 192,182,000
Recommended, 2018..................................... 186,411,000
Comparison:
Appropriation, 2017............................... -3,361,000
Budget estimate, 2018............................. -5,771,000
The Committee recommends $186,411,000 for Offshore Safety
and Environmental Enforcement. This amount will be partially
offset with the estimated collection of offsetting rental
receipts, cost recovery fees and inspection fees totaling
$77,871,000. The Committee notes the continued decline in
rental receipts in fiscal year 2018, and the budget fails to
offer a corrective action plan to mitigate. The Committee
rescinds $12,000,000 in unobligated prior year balances in
order to partially offset the need for increased discretionary
spending. The Bureau should not expect that the Committee will
substitute increased appropriated funds for lower offsetting
collections in future years. The Bureau will need to prioritize
program activities accordingly.
OIL SPILL RESEARCH
Appropriation enacted, 2017........................... $14,899,000
Budget estimate, 2018................................. 12,700,000
Recommended, 2017..................................... 12,700,000
Comparison:
Appropriation, 2017............................... -2,199,000
Budget estimate, 2018............................. 0
The Committee recommends $12,700,000 for Oil Spill
Research, as requested.
Office of Surface Mining Reclamation and Enforcement
The Office of Surface Mining Reclamation and Enforcement
(OSM), through its regulation and technology account, regulates
surface coal mining operations to ensure that the environment
is reclaimed once mining is completed. The OSM accomplishes
this mission by providing grants and technical assistance to
those States that maintain their own regulatory and reclamation
programs and by conducting oversight of State programs.
Further, the OSM administers the regulatory programs in the
States that do not have their own programs and on Federal and
Tribal lands. Through its Abandoned Mine Land (AML) reclamation
program, the OSM provides funding for environmental restoration
at abandoned coal mines based on fees collected from current
coal production operations. In their un-reclaimed condition
these abandoned sites endanger public health and safety, and
prevent the beneficial use of land and water resources.
Mandatory appropriations provide funding for the abandoned coal
mine sites as required under the 2006 amendments to the Surface
Mining Control and Reclamation Act.
REGULATION AND TECHNOLOGY
Appropriation enacted, 2017........................... $121,017,000
Budget estimate, 2018................................. 109,432,000
Recommended, 2018..................................... 113,790,000
Comparison:
Appropriation, 2017............................... -7,227,000
Budget estimate, 2018............................. +4,358,000
The Committee recommends $113,790,000 for Regulation and
Technology, $7,227,000 below the fiscal year 2017 enacted level
and $4,358,000 above the budget request. The Committee
maintains funding for State regulatory grants at $68,590,000,
equal to the fiscal year 2017 enacted level.
ABANDONED MINE RECLAMATION FUND
Appropriation enacted, 2017........................... $132,163,000
Budget estimate, 2018................................. 20,007,000
Recommended, 2018..................................... 99,672,000
Comparison:
Appropriation, 2017............................... -32,491,000
Budget estimate, 2018............................. +79,665,000
The Committee recommends $99,672,000 for the Abandoned Mine
Reclamation Fund $32,491,000 below the fiscal year 2017 enacted
level and $79,665,000 above the budget request. Of the funds
provided, $24,672,000 shall be derived from the Abandoned Mine
Reclamation Fund, and $75,000,000 shall be derived from the
General Fund.
The Committee provides a total of $75,000,000 for grants to
States for the reclamation of abandoned mine lands in
conjunction with economic and community development and reuse
goals. States shall use these funds to accelerate the
remediation of AML sites with economic and community
development end uses in mind. In doing so, the Committee
envisions a collaborative partnership between the State AML
programs and their respective State and local economic and
community development programs that will explore ways to return
legacy coal sites to productive reuse. The Committee notes that
these grants are provided from the General Fund and are
therefore separate from the mandatory payments from the
Abandoned Mine Land fund in fiscal year 2018.
For fiscal year 2018, $75,000,000 shall be provided to the
three Appalachian states with the largest unfunded needs for
the reclamation of Priority 1 and Priority 2 sites as
delineated in the Abandoned Mine Land Inventory System. State
AML programs, in consultation with State economic and community
development authorities, shall develop a list of eligible AML
projects in Appalachian counties that have a nexus to economic
and community development, and select qualifying AML projects
that have the potential to create long-term economic benefits.
State AML programs should consider whether a model similar to
the Appalachian Regional Commission grants process could
streamline project selection, and whether an interagency
agreement or other contracting mechanisms could streamline
program implementation. Eligible grant recipients are limited
to State and local governmental entities who may subcontract
project-related activities as appropriate.
Bureau of Indian Affairs and Bureau of Indian Education
The Bureau of Indian Affairs, the Bureau of Indian
Education, and the Office of the Assistant Secretary--Indian
Affairs (together, ``Indian Affairs'') provide services
directly or through contracts, grants, or compacts to a service
population of more than 1.7 million American Indians and Alaska
Natives (AI/AN) who are enrolled members of 567 federally
recognized Tribes in the 48 contiguous United States and
Alaska. While the role of the organization has changed
significantly in the last four decades in response to a greater
emphasis on Indian self-determination, Tribes still look to
Indian Affairs for a broad spectrum of services. Almost 85
percent of all appropriations are expended at the local level,
and over 62 percent of appropriations provided directly to
Tribes and Tribal organizations through grants, contracts, and
compacts.
In preparation for the fiscal year 2018 appropriation bill,
the Subcommittee held two days of hearings and received
testimony from over 75 witnesses on a variety of topics
pertaining to AI/AN programs. The Federal government has a
legal and moral obligation to provide quality services to
American Indians and Alaska Natives. On a nonpartisan basis,
the Committee continues to protect and, where possible,
strengthen the budgets for Indian Country programs in this bill
in order to address longstanding and underfunded needs.
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2017........................... $2,339,346,000
Budget estimate, 2018................................. 2,082,506,000
Recommended, 2018..................................... 2,362,211,000
Comparison:
Appropriation, 2017............................... +22,865,000
Budget estimate, 2018............................. +279,705,000
The Committee recommends $2,362,211,000 for Operation of
Indian programs. Indian Affairs is expected to execute its
budget in accordance with the justification submitted to the
Congress, except as otherwise directed below and summarized in
the table at the end of this report.
Fixed Costs and Transfers.--The recommendation includes all
requested fixed costs and transfers.
Tribal Government.--The recommendation includes
$312,600,000 for Tribal government programs. All programs
continue to operate at fiscal year 2017 enacted levels except
for the following: Tribal government program oversight is
funded at the requested level; and road maintenance is funded
at $31,653,000, an increase of $1,346,000 above the fiscal year
2017 enacted level. Not less than $1,000,000 must be used to
improve the condition of gravel roads and bridges used by
school buses transporting students.
Human Services.--The recommendation includes $159,540,000
for human services programs, $35,591,000 above the request.
Proposed cuts to social services, welfare assistance, the
Indian Child Welfare Act, housing improvement, and the Tiwahe
(family) initiative have all been restored. The Committee
continues to recognize the importance of providing culturally-
appropriate services with the goals of empowering individuals
and families through health promotion, family stability, and
strengthening Tribal communities as a whole. Indian Affairs is
urged to make services available to law enforcement officers,
in coordination with the Indian Health Service.
Trust--Natural Resources.--The recommendation includes
$200,340,000 for natural resources programs, $34,878,000 above
the request. The following programs are funded at or above
fiscal year 2017 enacted levels: irrigation operations and
maintenance, $14,009,000 as requested; rights protection
implementation, $40,161,000; cooperative landscape
conservation, $9,956,000; agriculture and range, $31,096,000;
forestry, $55,232,000, of which $26,895,000 is for projects;
water resources, $10,581,000, of which $390,000 is to continue
the Seminole and Miccosukee water study as requested; fish,
wildlife, and parks, $15,260,000, of which $9,933,000 is for
projects.
The Committee supports the Bureau of Indian Affairs'
efforts to address the resiliency needs of Tribal communities
by working to address threats to public safety, natural
resources, and sacred sites. Consistent with the Federal
government's treaty and trust obligations, the Committee
directs the Bureau of Indian Affairs to work with at-risk
Tribes to identify and expedite the necessary resources.
The Department of the Interior is expected to promote and
expand the use of agreements with Indian Tribes to protect
Indian trust resources from catastrophic wildland fire, insect
and disease infestation, or other threats from adjacent Federal
lands, as authorized by law.
Trust--Real Estate Services.--The recommendation includes
$126,708,000 for real estate services, $14,662,000 above the
budget request. All proposed cuts are restored except for
central oversight, which is funded at $3,160,000 as requested.
The following programs each receive a $500,000 program increase
and are funded at the following levels: land title and records
offices, $14,774,000; land records improvement--regional,
$2,444,000; and regional oversight, $10,977,000. The Bureau is
expected to distribute the program increases to regional
offices to address administrative backlogs for Trust Real
Estate Services programs.
The Committee directs the Bureau of Indian Affairs (BIA) to
have no outstanding title conveyance requests older than 12
months, including those who have been initially rejected by the
Land Titles and Record Offices for insufficient or incorrect
documentation in TAAMS, by September, 2018. The Committee
expects an update on the status of their outstanding
conveyances by September, 2018 and a report on what the BIA
will be changing in their operations policy to ensure these
backlogs and documentation related rejections do not occur in
the future.
The Committee directs the Secretary, or his designee, to
work with the Lower Elwha Klallam Tribe to identify appropriate
lands in Clallam County, WA to satisfy the requirements of Sec.
7 of the Elwha River Ecosystem and Fisheries Restoration Act
(P.L. 102-495).
Public Safety and Justice.--The recommendation includes
$391,717,000 for Public Safety and Justice, $42,403,000 above
the budget request. All proposed cuts are restored. The
following programs receive a program increase and are funded at
the following levels: detention/corrections, $98,956,000, with
priority for additional funding given to new detention
facilities that do not currently have existing program funding
within the BIA budget; law enforcement special initiatives,
$11,000,000, all of which is to be used to hire additional drug
enforcement agents to assist Tribes in the fight against drugs,
particularly opioids; $13,657,000 for facilities operations and
maintenance; and law enforcement program management,
$6,530,000, including a program increase of $500,000 for the
Office of Justice Services' District III Office to promote
timely payments.
For the purpose of addressing the needs of juveniles in
custody at Tribal detention centers operated or administered by
the BIA, educational and health-related services to juveniles
in custody are allowable costs for detention/corrections
program funding. Indian Affairs is urged to provide mental
health and substance abuse services when needed by juvenile and
adult detainees and convicted prisoners.
Community and Economic Development.--The recommendation
includes $45,447,000 for Community and Economic Development,
$5,983,000 above the budget request. All proposed cuts are
restored. A program increase of $3,400,000 is recommended in
Community Development Central Oversight to implement the Native
American Tourism Improvement and Visitor Experience Act of 2016
(NATIVE Act), including via cooperative agreements with Tribes
or Tribal organizations. Indian Affairs is expected to submit a
budget request for fiscal year 2019 for the next phase of the
energy office.
Executive Direction and Administrative Services.--The
recommendation includes $223,947,000 for Executive Direction
and Administrative Services, $8,355,000 above the budget
request. The following programs are funded above the budget
request: executive direction Tribal priority allocations,
$15,119,000; administrative services Tribal priority
allocations, $12,866,000; regional safety management,
$2,240,000; information resources technology, $44,782,000; and
regional facilities management, $4,229,000. Indian Affairs is
directed to complete annual health and safety inspections of
all BIE system facilities, and to submit quarterly updates on
the status of such inspections to the Committee.
The Committee is deeply disappointed by continued GAO
reports of shortcomings and delays in school safety inspections
and repairs. Self-determination does not absolve the Federal
government of the responsibility to inspect and repair
buildings it owns. The Bureau is urged to exercise its
authority to reassume the operation of federally-owned but
tribally-operated schools when necessary.
Bureau of Indian Education.--The recommendation includes
$901,912,000 for the Bureau of Indian Education. All proposed
program reductions are restored. Tribal grant support costs
continue to be fully funded. A one-time increase is provided to
complete the transition to a school year funding cycle for all
Tribal colleges and universities, including those operated by
the BIE.
Of the amounts provided: $402,906,000 is for ISEP formula
funds; $5,457,000 is for ISEP program adjustments; $12,248,000
is for education program enhancements; $2,500,000 is for the
development and operation of Tribal departments or divisions of
education (TEDs) as authorized by 25 U.S.C. 2020; $56,285,000
is for student transportation; $18,810,000 is for early child
and family development which should focus on the Family and
Child Education (FACE) program; $80,168,000 is to fully fund
Tribal grant support costs; $66,608,000 is for facilities
operations; $59,552,000 is for facilities maintenance; $500,000
is for juvenile detention education program grants; $14,778,000
is for Johnson-O'Malley grants; $69,793,000 is forward funding
for Tribal colleges and universities; $14,403,000 is forward
funding for Tribal technical colleges and includes the
requested transfer; $27,890,000 is for the Bureau-owned and
operated Haskell Indian University and Southwestern Indian
Polytechnic Institute (SIPI), including a one-time forward
funding increase of $5,377,000; $1,220,000 is for TCU
supplements; $34,996,000 is for scholarships and adult
education; $2,992,000 is for special higher education
scholarships; $2,450,000 is for the science post-graduate
scholarships; $24,957,000 is for education program management;
and $10,297,000 is for information technology.
The Committee supports efforts to revitalize and maintain
Native languages and expand the use of language immersion
programs and has provided $2,000,000 within education program
enhancements for capacity building grants for Bureau and
tribally operated schools to expand existing language immersion
programs or to create new programs. Prior to distributing these
funds, the Bureau shall coordinate with the Department of
Education and Department of Health and Human Services to ensure
that Bureau investments compliment, but do not duplicate,
existing language immersion programs. The Bureau is also
directed to submit a report to the Committees on Appropriations
within 180 days of enactment of this Act regarding the
distribution of these funds and the status of Native language
classes and immersion programs offered at Bureau-funded
schools.
The Johnson O'Malley program is funded at the fiscal year
2017 enacted level. The Committee remains concerned that the
distribution of funds is not an accurate reflection of the
distribution of students. The Bureau is reminded of the
reporting requirement contained in the explanatory statement
accompanying the Consolidated Appropriations Act, 2017.
Indian education remains among the Committee's top
priorities because it is a fundamental trust responsibility and
because elementary and secondary students in particular have
fallen far behind their peers for reasons now well documented
by the Government Accountability Office (GAO), the Department
of Education, and others. The BIE system is undergoing a major
transformation in direct response to these reports, in order to
meet the changing needs of schools now that most schools are
tribally-run, and in order to improve accountability. With the
concurrence of elected Tribal leaders and major interTribal
organizations, the Committee continues to support this
transformation. All of the education-related responsibilities
under Indian Affairs, including procurement, human resources,
budget and finance, and BIE facilities operations, maintenance,
and inspections, should be consolidated under the BIE, which
should be led by an experienced and proven superintendent
selected from a pool of qualified candidates inside and outside
the BIE system.
The Committee remains concerned about recent GAO reports
detailing problems within the K-12 Indian education system at
the Department of the Interior, in particular as they pertain
to organizational structure, accountability, finance, health
and safety, and ultimately student performance. As the
Department takes steps to reform the system, the Secretary is
reminded that future support from Congress will continue to be
based in large part upon successful implementation of GAO
report recommendations. In particular, consistent with GAO
report 13-774, the Secretary is urged to reorganize Indian
Affairs so that control and accountability of the BIE system is
consolidated within the BIE, to present such reorganization
proposal in the fiscal year 2019 budget request, and to submit
to the Committees on Appropriations a corresponding updated
workforce plan. Consistent with GAO testimonies 15-389T, 15-
539T, 15-597T, and any subsequent reports, the Secretary is
urged to personally oversee immediate actions necessary to
ensure the continued health and safety of students and
employees at BIE schools and facilities.
Without question, high speed internet access is essential
for student success and economic development in modern society.
However, the GAO recently identified Tribal internet access as
an area of fragmentation, overlap, or duplication (GAO-16-
375SP). Indian Affairs is urged to coordinate with larger,
existing broadband access programs funded by the Federal
Communications Commission and the U.S. Department of
Agriculture.
The BIE is encouraged to coordinate with the Indian Health
Service to integrate preventive dental care and mental health
care at schools within the BIE system.
The recommendation modifies bill language limiting the
expansion of grades and schools in the BIE system, including
charter schools. The intent of the language is to prevent
already limited funds from being spread further to additional
schools and grades. The intent is not to limit Tribal
flexibility at existing schools. Nothing in the bill is
intended to prohibit a Tribe from converting a tribally-
controlled school already in the BIE system to a charter school
in accordance with State and Federal law. The modification
removes the grade expansion limitation of one grade.
The recommendation continues bill language providing the
Secretary with the authority to approve satellite locations of
existing BIE schools if a Tribe can demonstrate that the
establishment of such locations would provide comparable levels
of education as are being offered at such existing BIE schools,
and would not significantly increase costs to the Federal
government. The intent is for this authority to be exercised
only in extraordinary circumstances to provide Tribes with
additional flexibility regarding where students are educated
without compromising how they are educated, and to
significantly reduce the hardship and expense of transporting
students over long distances, all without unduly increasing
costs that would otherwise unfairly come at the expense of
other schools in the BIE system.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2017........................... $278,000,000
Budget estimate, 2018................................. 241,600,000
Recommended, 2018..................................... 241,600,000
Comparison:
Appropriation, 2017............................... -36,400,000
Budget estimate, 2018............................. 0
The Committee recommends an indefinite appropriation
estimated to be $241,600,000 for contract support costs
incurred by the agency as required by law. The bill includes
language making available for two years such sums as are
necessary to meet the Federal government's full legal
obligation, and prohibiting the transfer of funds to any other
account for any other purpose.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2017........................... $192,017,000
Budget estimate, 2018................................. 143,262,000
Recommended, 2018..................................... 202,213,000
Comparison:
Appropriation, 2017............................... +10,196,000
Budget estimate, 2018............................. +58,951,000
The Committee recommends $202,213,000 for Construction,
$58,951,000 above the budget request. Details are contained in
the justification submitted to the Congress, except as
otherwise discussed below.
Joint Ventures.--The Committee has embraced the joint
venture construction model for the Indian Health Service
because of the significant savings to the Federal government.
It is time to explore the same approach for justice centers and
schools. Expanding the joint venture approach acknowledges the
reality that the Federal budget has not kept pace with
immediate needs. Indian Affairs is directed to investigate
establishing joint venture construction programs for justice
centers and schools that are modeled after the Indian Health
Service joint venture program. Indian Affairs should consult
with the Indian Health Service and Tribes to develop proposed
models for implementation. Tribes are urged to consider the use
of existing Federal tax credits as a way to support the joint
venture concept.
Education.--The recommendation includes $138,245,000 for
Education Construction, of which $45,504,000 is for campus-wide
replacement, $11,935,000 is for component facilities
replacement, $7,574,000 is for employee housing repair, and
$73,232,000 is for facilities improvement and repair. The
Bureau is directed to submit an allocation plan to the
Committee for campus-wide replacement and facilities
replacement within 30 days of enactment of this Act.
The Committee recognizes the School Facilities and
Construction Negotiated Rulemaking Committee established under
Public Law 107-110 for the equitable distribution of funds.
Appropriations in this bill for campus-wide replacement are
limited to the 10 schools selected via the rulemaking committee
process and published by Indian Affairs on April 5, 2016.\1\
The BIE should submit a similar list for facilities with the
fiscal year 2019 budget request.
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\1\www.bia.gov/WhoWeAre/AS-IA/OFFCR/inds.htm.
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The Committee continues to strongly support innovative
financing options to supplement annual appropriations and
accelerate repair and replacement of Bureau of Indian Education
schools, including through the use of construction bonds, tax
credits, and grant programs. The Department is urged to revise
and resubmit its proposal to reconstitute the National Fund for
Excellence in American Indian Education, and to include
authority for the Fund to facilitate public-private partnership
construction projects.
Public Safety and Justice.--The Committee is concerned
about the growing need for justice facilities funding. The
Bureau's annual budget justification fails to report its
funding needs compared to industry-wide standards, as directed
by the Committee in House Report 113-551. This information is
necessary so that the Committee can make informed decisions
about annual appropriations. The Committee encourages the
Bureau to develop a master plan that details the location and
condition of existing facilities relative to the user
population, and incorporates the use of existing tribally
constructed facilities and regional justice centers, such as
the Shoshone-Bannock Tribes' Justice Center, as an efficient
approach to filling gaps where additional facilities are
needed. It has come to the Committee's attention that Tribes
such as the Ak-Chin Indian Community are building their own
detention centers and are coming to the Bureau for new staffing
and operations funding. Further, the Ute Indian Tribe used its
own funds to replace old or condemned facilities, and seeks
full operations and maintenance funding from the Bureau.
Therefore, the Committee urges the Department to consider
alternatives to address justice facilities needs in Indian
Country.
Indian Affairs is urged to improve officer safety by
eliminating radio tower communications dead zones.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
Appropriation enacted, 2017........................... $45,045,000
Budget estimate, 2018................................. 13,999,000
Recommended, 2018..................................... 55,457,000
Comparison:
Appropriation, 2017............................... +10,412,000
Budget estimate, 2018............................. +41,458,000
The Committee recommends $55,457,000 for Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians.
A detailed table of funding recommendations below the account
level is provided at the end of this report. The recommended
level enables Indian Affairs to meet statutory deadlines of all
authorized settlement agreements to date.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
Appropriation enacted, 2017........................... $8,757,000
Budget estimate, 2018................................. 6,692,000
Recommended, 2018..................................... 9,272,000
Comparison:
Appropriation, 2017............................... +515,000
Budget estimate, 2018............................. +2,580,000
The Committee recommends $9,272,000 for the Indian
Guaranteed Loan Program Account, $2,580,000 above the budget
request. The Indian Guaranteed Loan Program is the most
effective Federal program tailored, dedicated to, and capable
of facilitating greater access to private capital for Indian
Tribes and Indian-owned economic enterprises.
Departmental Offices
Office of the Secretary
The Office of the Secretary supports a wide-range of
Departmental business, policy, and oversight functions.
DEPARTMENTAL OPERATIONS
Appropriation enacted, 2017........................... $271,074,000
Budget estimate, 2018................................. 123,940,000
Recommended, 2018..................................... 122,940,000
Comparison:
Appropriation, 2017............................... -148,134,000
Budget estimate, 2018............................. -1,000,000
The Committee recommends $122,940,000 for Departmental
Operations. The Committee accepts the proposal in the budget
request to transfer the Office of Natural Resources Revenue
from Departmental Operations to a separate account within
Department-wide Programs. The Office of Valuation Services is
funded at $9,000,000.
National Monument Designations.--The Department is directed
to work collaboratively with interested parties, including but
not limited to, the Congress, States, local communities, Tribal
governments and others prior to planning, implementing, or
making national monument designations.
Chief Standing Bear.--The Committee recognizes the
importance of Chief Standing Bear as one of America's earliest
civil rights leaders. The Committee supports the work on the
State and local level to establish a multi-state trail
commemorating his accomplishments and urges the Secretary to
assist in these efforts.
American Discovery Trail.--The Committee encourages the
Secretary to work with the National Park Service, the Bureau of
Land Management and other appropriate agencies, in conjunction
with all relevant law, regulations, and policies, to work with
appropriate stakeholders to facilitate installing signage for
the American Discovery Trail.
Tamarisk Eradication.--The Committee encourages the
Secretary to coordinate with the Department of Agriculture,
other Federal agencies, States, Tribes, private entities, and
communities to establish a scientifically based and watershed-
focused pilot program to eradicate tamarisk in the southwestern
United States.
Departmental Documents.--The Committee directs the
Secretary to ensure departmental documents, such as boundary
maps and resource management plans, clearly delineate Federal,
State, and private land; state that Federal land management
documents apply only to Federal lands; do not include private
land, unless authorized by law and approved by landowner; and
to adjust such documents as necessary.
Insular Affairs
ASSISTANCE TO TERRITORIES
The Office of Insular Affairs (OIA) was established on
August 4, 1995, through Secretarial Order No. 3191, which also
abolished the former Office of Territorial and International
Affairs. The OIA has important responsibilities to help the
United States government fulfill its responsibilities to the
four U.S. territories of Guam, American Samoa (AS), U.S. Virgin
Islands (USVI) and the Commonwealth of the Northern Mariana
Islands (CNMI) and also the three freely associated States: the
Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI) and the Republic of Palau. The permanent
and trust fund payments to the territories and the compact
nations provide substantial financial resources to these
governments. During fiscal year 2004, financial arrangements
for the Compacts of Free Association with the FSM and the RMI
were implemented. These also included mandatory payments for
certain activities previously provided in discretionary
appropriations as well as Compact impact payments of
$30,000,000 per year split among Guam, CNMI, AS, and Hawaii.
Appropriation enacted, 2017........................... $91,925,000
Budget estimate, 2018................................. 80,967,000
Recommended, 2018..................................... 90,930,000
Comparison:
Appropriation, 2017............................... -995,000
Budget estimate, 2018............................. +9,963,000
The Committee recommends $90,930,000 for Assistance to
Territories, $995,000 below the fiscal year 2017 enacted level
and $9,963,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
Coral Reef Initiative.-- The Coral Reef Initiative is
funded at $1,218,000. Within the Coral Reef Initiative program,
$250,000 is provided for the Office of Insular affairs to
continue work on the 2015 strategic plan developed in
coordination with Federal and local partners to help prevent,
manage, and control invasive species in the United States
Pacific region. The Committee directs the Office to include in
future budget justifications a summary of the Department's role
in the development and implementation activities of the plan.
The annual report should include a table of prior fiscal year
activities, upcoming fiscal year activities, and, if
applicable, estimates of funding to be used or needed for
planned activities.
American Samoa Operations Grants.--The recommendation
includes $23,002,222 for American Samoa Operations grants,
$250,000 above the fiscal year 2017 enacted level. The increase
is provided to assist grantees in complying with Federal
mandates.
COMPACT OF FREE ASSOCIATION
Appropriation enacted, 2017........................... $16,465,000
Budget estimate, 2018................................. 3,286,000
Recommended, 2018..................................... 3,300,000
Comparison:
Appropriation, 2017............................... -13,165,000
Budget estimate, 2018............................. +14,000
The Committee recommends $3,300,000 for Compact of Free
Association, $13,165,000 below the fiscal year 2017 enacted
level and $14,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
Office of the Solicitor
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $65,769,000
Budget estimate, 2018................................. 65,675,000
Recommended, 2018..................................... 65,675,000
Comparison:
Appropriation, 2017............................... -94,000
Budget estimate, 2018............................. 0
The Committee recommends $65,675,000 for salaries and
expenses of the Office of the Solicitor, as requested.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $50,047,000
Budget estimate, 2018................................. 49,952,000
Recommended, 2018..................................... 49,952,000
Comparison:
Appropriation, 2017............................... -95,000
Budget estimate, 2018............................. 0
The Committee recommends $49,952,000 for salaries and
expenses of the Office of Inspector General, as requested.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Congress has designated the Secretary of the Interior as
the trustee delegate with responsibility for approximately 55
million surface acres of land, 57 million acres of subsurface
mineral interests, and nearly $4.4 billion that is held in
trust by the Federal government on behalf of American Indians,
Alaska Natives, and federally recognized Indian Tribes. The
Office of the Special Trustee's trust management of these
assets includes conserving, maintaining, accounting, investing,
disbursing, and reporting to individual Indians and federally
recognized Tribes and Tribal organizations on asset
transactions generated from sales, leasing and other commercial
activities on these lands.
Appropriation enacted, 2017........................... $139,029,000
Budget estimate, 2018................................. 119,400,000
Recommended, 2018..................................... 119,400,000
Comparison:
Appropriation, 2017............................... -19,629,000
Budget estimate, 2018............................. 0
The Committee recommends $119,400,000 for Federal trust
programs, as requested. A detailed table of funding
recommendations below the account level is provided at the end
of this report.
Department-Wide Programs
Wildland Fire
The Department's Wildland Fire Management account supports
fire activities for the Bureau of Land Management, the National
Park Service, the Fish and Wildlife Service, and the Bureau of
Indian Affairs. The Committee recommends a total of
$935,850,000 for the Department's wildland fire accounts. This
fully funds the fire accounts at the 10-year average of
expenditures. The Committee accepts the proposal to provide all
funding for wildland fire suppression costs in the Wildland
Fire Management account.
Wildland Fire Management
Appropriation enacted, 2017........................... $942,671,000
Budget estimate, 2018................................. 873,518,000
Recommended, 2018..................................... 935,850,000
Comparison:
Appropriation, 2017............................... -6,821,000
Budget estimate, 2018............................. +62,332,000
The Committee recommends $935,850,000 for Wildland Fire
Management at the Department of the Interior. The detailed
allocation of funding for these accounts is included in the
table at the end of this report.
Wildland Fire Preparedness.--The Committee recommends
$332,784,000 for Wildland Fire Preparedness, equal to the
fiscal year 2017 enacted level and $10,605,000 above the budget
request. The Department should immediately notify the
Committees on Appropriations if it appears that funding
shortfalls may limit needed firefighting capacity.
Wildland Fire Suppression.--The Committee recommends
$389,406,000, for Wildland Fire Suppression, $5,594,000 below
the fiscal year 2017 enacted level and equal to the budget
request.
Fuels Management.--The Committee recommends $182,500,000
for the Fuels Management program, $2,500,000 above the fiscal
year 2017 enacted level and $33,034,000 above the budget
request.
Burned Area Rehabilitation.--The Committee recommends
$19,948,000 for the Burned Area Rehabilitation program,
$522,000 below the fiscal year 2017 enacted level and
$10,481,000 above the budget request. The Committee notes that
funding for Burned Area Rehabilitation is meant to supplement
emergency stabilization funding provided under suppression, not
replace it.
The Committee encourages the Department to investigate new
approaches to fire science, such as techniques for analyzing
fire data to improve forecasts and treatments to reduce
accumulated fuel loads, as well as to continue its efforts to
incorporate Unmanned Aircraft Systems into its fire-fighting
strategy.
FLAME Wildfire Suppression Reserve Fund
Appropriation enacted, 2017........................... $65,000,000
Budget estimate, 2018................................. 0
Recommended, 2018..................................... 0
Comparison:
Appropriation, 2017............................... -65,000,000
Budget estimate, 2018............................. 0
The Committee recommends $0 for the FLAME Wildfire
Suppression Reserve Fund, $65,000,000 below the fiscal year
2017 enacted level and equal to the budget request. As
discussed above, the Committee accepts the proposal to provide
all funding for wildland fire suppression costs in the Wildland
Fire Management account.
Central Hazardous Materials Fund
Appropriation enacted, 2017........................... $10,010,000
Budget estimate, 2018................................. 2,000,000
Recommended, 2018..................................... 10,010,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +8,010,000
The Committee recommends $10,010,000 for the Central
Hazardous Materials Fund, equal to the fiscal year 2017 enacted
level and $8,010,000 above the budget request.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
Appropriation enacted, 2017........................... $7,767,000
Budget estimate, 2018................................. 4,600,000
Recommended, 2018..................................... 7,568,000
Comparison:
Appropriation, 2017............................... -199,000
Budget estimate, 2018............................. +2,968,000
The Committee recommends $7,568,000 for the Natural
Resource Damage Assessment Fund, $199,000 below the fiscal year
2017 enacted level and $2,968,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
Working Capital Fund
Appropriation enacted, 2017........................... $67,100,000
Budget estimate, 2018................................. 59,472,000
Recommended, 2018..................................... 65,388,000
Comparison:
Appropriation, 2017............................... -1,712,000
Budget estimate, 2018............................. +5,916,000
The Committee recommends $65,388,000 for the Working
Capital Fund, $1,712,000 below the fiscal year 2017 enacted
level and $5,916,000 above the budget request.
Office of Natural Resources Revenue
NATURAL RESOURCES REVENUE
Appropriation enacted, 2017........................... $0
Budget estimate, 2018................................. 137,757,000
Recommended, 2018..................................... 137,757,000
Comparison:
Appropriation, 2017............................... +137,757,000
Budget estimate, 2018............................. 0
The Committee provides $137,757,000 for the Office of
Natural Resources Revenue, as requested, and accepts the
Department's proposal to create a separate account for the
Office of Natural Resources Revenue to improve transparency.
PAYMENTS IN LIEU OF TAXES (PILT)
Appropriation enacted, 2017........................... $465,000,000
Budget estimate, 2018................................. 396,880,000
Recommended, 2018..................................... 465,000,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +68,120,000
The bill includes $465,000,000 for Payments in Lieu of
Taxes (PILT), equal to the fiscal year 2017 enacted level and
$68,120,000 above the budget request. The projected full-year
cost estimate for PILT for fiscal year 2018 is not yet
available and will be considered by the Committee at such time
as the Department conveys this information to the Committee
prior to the enactment of this Act.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
Section 101 continues a provision providing for emergency
transfer authority (intra-bureau) with the approval of the
Secretary.
Section 102 continues a provision providing for emergency
transfer authority (Department-wide) with the approval of the
Secretary.
Section 103 continues a provision providing for the use of
appropriations for certain services.
Section 104 continues a provision permitting the transfer
of funds between the Bureau of Indian Affairs and Bureau of
Indian Education, and the Office of the Special Trustee for
American Indians.
Section 105 continues a provision permitting the
redistribution of Tribal priority allocation and Tribal base
funds to alleviate funding inequities.
Section 106 continues a provision authorizing the
acquisition of lands for the purpose of operating and
maintaining facilities that support visitors to Ellis,
Governors, and Liberty Islands, NJ and NY.
Section 107 continues a provision allowing Outer
Continental Shelf inspection fees to be collected by the
Secretary of the Interior.
Section 108 continues a provision allowing for the
reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement only in conformance with Committee
reprogramming guidelines.
Section 109 continues a provision allowing the Bureau of
Land Management (BLM) to enter into long-term cooperative
agreements for long-term care and maintenance of excess wild
horses and burros on private land.
Section 110 continues a provision dealing with the U.S.
Fish and Wildlife Service's responsibilities for mass marking
of salmonid stocks.
Section 111 modifies a provision addressing BLM actions
regarding grazing on public lands.
Section 112 continues a provision allowing the Bureau of
Indian Affairs and Bureau of Indian Education to more
efficiently and effectively perform reimbursable work.
Section 113 prohibits the use of funds to change the status
of sage-grouse as a threatened or endangered species.
Section 114 permits the humane transfer of excess wild
horses and burros for work purposes.
Section 115 prohibits the use of funds to list in the
National Register of Historic Places property deemed crucial to
national security and military training.
Section 116 directs the Secretary to reissue two final
rules removing recovered wolves in Wyoming and the Great Lakes
from the endangered species list.
Section 117 prohibits the treatment of gray wolves range-
wide as an endangered or threatened species.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency (EPA) was created by
Reorganization Plan No. 3 of 1970, which consolidated nine
programs from five different agencies and departments. Major
EPA programs include air and water quality, drinking water,
hazardous waste, research, pesticides, radiation, toxic
substances, enforcement and compliance assurance, pollution
prevention, Inland oil spill, Superfund, Brownfields, and the
Leaking Underground Storage Tank program. In addition, EPA
provides Federal assistance for wastewater treatment, sewer
overflow control, drinking water facilities, other water
infrastructure projects, and diesel emission reduction
projects. The Agency is responsible for conducting research and
development, establishing environmental standards through the
use of risk assessment and cost-benefit, monitoring pollution
conditions, seeking compliance through enforcement actions,
managing audits and investigations, and providing technical
assistance and grant support to States and Tribes, which are
delegated authority for much of the program implementation.
Under existing statutory authority, the Agency contributes to
specific homeland security efforts and may participate in
international environmental activities.
Among the statutes for which the Environmental Protection
Agency has sole or significant oversight responsibilities are:
National Environmental Policy Act of 1969, as amended.
Federal Insecticide, Fungicide, and Rodenticide Act, as
amended.
Toxic Substances Control Act, as amended.
Clean Water Act [Federal Water Pollution Control Act], as
amended.
Federal Food, Drug and Cosmetic Act, as amended.
Ocean Dumping Act [Marine Protection, Research, and
Sanctuaries Act of 1972], as amended.
Oil Pollution Act of 1990.
Safe Drinking Water Act [Public Health Service Act (Title
XIV)], as amended.
Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act.
Clean Air Act, as amended.
Great Lakes Legacy Act of 2002.
Bioterrorism Preparedness and Response Act of 2002.
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended.
Small Business Liability Relief and Brownfields
Revitalization Act of 2002 (amending CERCLA).
Emergency Planning and Community Right-to-Know Act of 1986.
Pollution Prevention Act of 1990.
Pollution Prosecution Act of 1990.
Pesticide Registration Improvement Act of 2003.
Energy Policy Act of 2005.
Energy Independence and Security Act of 2007.
For fiscal year 2018, the Committee recommends
$7,524,087,000 for the Environmental Protection Agency,
$534,401,000 below the fiscal year 2017 enacted level and
$1,869,087,000 above the budget request. Comparisons to the
budget request and 2017 enacted levels are shown by account in
the table at the end of this report.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000. This limitation will be applied to
each program area in every account at the levels provided in
the table at the end of this report. This will allow the Agency
the flexibility to reprogram funds within a set program area.
However, where the Committee has cited funding levels for
certain program projects or activities within a program area,
the reprogramming limitation continues to apply to those
funding levels. Further, the Agency may not use any amount of
de-obligated funds to initiate a new program, office, or
initiative without the prior approval of the Committee.
Congressional Budget Justification.--The Committee directs
the Agency to include in future justifications the following
items: (1) a comprehensive index of programs and activities
within the program projects; (2) the requested bill language,
with changes from the enacted language highlighted, at the
beginning of each account section; (3) a justification for
every program/project, including those proposed for
elimination; (4) a comprehensive, detailed explanation of all
changes within a program project; (5) a table showing
consolidations, realignments or other transfers of resources
and personnel from one program project to another such that the
outgoing and receiving program projects offset and clearly
illustrate a transfer of resources; and, (6) a table listing
the budgets and FTE by major office within each National
Program Management area with pay/non-pay breakouts. Further, if
EPA is proposing to change State allocation formulas for the
distribution of appropriated funds, then EPA should include
such proposals in the Congressional justification.
Science and Technology
The Science and Technology (S&T;) account funds all
Environmental Protection Agency research (including Superfund
research activities paid with funds moved into this account
from the Hazardous Substance Superfund account). This account
includes programs carried out through grants, contracts, and
cooperative agreements, cooperative research and development
agreements, and interagency agreements, with other Federal
agencies, States, universities, nonprofit organizations, and
private business, as well as in-house research. It also funds
personnel compensation and benefits, travel, supplies and
operating expenses, including rent, utilities and security, for
all Agency research. Research addresses a wide range of
environmental and health concerns across all environmental
media and encompasses both long-term basic and near-term
applied research to provide the scientific knowledge and
technologies necessary for preventing, regulating, and abating
pollution, and to anticipate emerging environmental issues.
Appropriation enacted, 2017........................... $706,473,000
Budget estimate, 2018................................. 450,812,000
Recommended, 2018..................................... 602,238,000
Comparison:
Appropriation, 2017............................... -104,235,000
Budget estimate, 2018............................. +151,426,000
The bill provides $602,238,000 for Science and Technology,
$104,235,000 below the fiscal year 2017 enacted level and
$151,426,000 above the budget request. The Committee recommends
that $15,496,000 be paid to this account from the Hazardous
Substance Superfund account for ongoing research activities. A
detailed table of funding recommendations below the account
level is provided at the end of this report, and the Committee
provides the following additional detail by program area:
Indoor Air and Radiation.--The recommendation includes
$5,097,000. The Committee recommendation maintains the radon
program at the fiscal year 2017 enacted level.
Operations and Administration.--The recommendation includes
$79,334,000, as requested. The bill concurs with the Agency's
proposed allocation of resources for workforce reshaping
through buyouts and voluntary separation agreements offered to
employees.
Research: Chemical Safety and Sustainability.--The
Committee recommends $107,891,000 and funds the computational
toxicology and endocrine disruptor programs at the fiscal year
2017 enacted levels. The Committee supports EPA's computational
toxicology research activities to advance the next generation
of risk assessment methods to enable integration of tiered
toxicity evaluation strategies, advanced high throughput
molecular biological assays and computational methods with
exposure information to support risk-based decisions for
prioritization and screening.
Research: National Priorities.--The bill provides
$4,100,000 which shall be used for extramural research grants,
independent of the Science to Achieve Results (STAR) grant
program, to fund high-priority water quality and availability
research by not-for-profit organizations who often partner with
the Agency. Because these grants are independent of the STAR
grant program, the Agency should strive to award grants in as
large an amount as is possible to achieve the most
scientifically significant research. Funds shall be awarded
competitively with priority given to partners proposing
research of national scope and who provide a 25 percent match.
The Agency is directed to allocate funds to grantees within 180
days of enactment of this Act.
Research: Safe and Sustainable Water Resources.--The
Committee recommends $90,318,000. Further, augmenting drinking
water supplies through artificial or enhanced recharge into
aquifers, represents a cost-effective way of increasing the
availability of water. Enhanced Aquifer Recharge (EAR) also
represents a key practice for the management and restoration of
ecosystems. Therefore, the Committee directs EPA to coordinate
with other Federal research efforts in this area.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account:
Alternatives Testing.--The Committee commends EPA for
developing new scientific methods, removing barriers, and
fostering cooperation in implementing the toxicity testing
agenda included in the 2007 National Academy of Sciences (NAS)
report, ``Toxicity Testing in the 21st Century.'' The Committee
is also aware that the Agency is incorporating an alternative
scientific approach to screen chemicals within its Endocrine
Disruptor Screening Program as called for in fiscal year 2015
(House Report 113-551). The Committee is interested in how the
Agency is implementing the same approach in all of its programs
that involve toxicity testing and recommends that the Agency
submit to the Committee a report that outlines (1) progress to
date to research, develop, validate and translate innovative
non-animal chemical testing methods that characterize toxicity
pathways, (2) efforts to coordinate this across Federal
agencies, and (3) future plans to continue to implement the
toxicity testing vision outlined in the January 2017 NAS
report, ``Using 21st Century Science to Improve Risk-Related
Evaluations'' on all Agency programs that involve toxicity
testing.
Innovative Research Partnerships.--Interest continues to
grow to identify innovative, technologically feasible solutions
that will lead to air and water quality improvements and better
environmental outcomes. The Committee has consistently
supported partnerships with respect to research areas of
national importance, and the Committee encourages EPA to
identify partnerships with institutes, foundations and
universities that would leverage scientific expertise and
funding. EPA is encouraged to present the Committee with
options for new or expanded partnerships within the context of
the fiscal year 2019 budget. Such topics could include but are
not limited to innovative approaches to fill key gaps in
assessing exposure, enhanced aquifer recharge, toxicity testing
without the use of animals, accurate measurement and capture of
methane or other fugitive emissions, assessment and cleaning of
produced water and other activities from oil and gas
operations, rural community water treatment, and efficiencies
to improve manufacturing operations. To help inform this
effort, the Committee encourages EPA to solicit input from all
interested parties.
Water Security Test Bed.--For both fiscal year 2019 and
future budget requests, the Committee recommends that EPA
include adequate funding for advancing full scale applied
research and testing capabilities to address threats to
drinking water and drinking water infrastructure.
Environmental Programs and Management
The Environmental Programs and Management account
encompasses a broad range of abatement, prevention,
enforcement, and compliance activities, and personnel
compensation, benefits, travel, and expenses for all programs
of the Agency except Science and Technology, Hazardous
Substance Superfund, Leaking Underground Storage Tank Trust
Fund, Inland Oil Spill Programs, and the Office of Inspector
General.
Abatement, prevention, and compliance activities include
setting environmental standards, issuing permits, monitoring
emissions and ambient conditions and providing technical and
legal assistance toward enforcement, compliance, and oversight.
In most cases, the States are directly responsible for actual
operation of the various environmental programs, and the
Agency's activities include oversight and assistance.
In addition to program costs, this account funds
administrative costs associated with the operating programs of
the Agency, including support for executive direction, policy
oversight, resources management, general office and building
services for program operations, and direct implementation of
Agency environmental programs for headquarters, the ten EPA
regional offices, and all non-research field operations.
Appropriation enacted, 2017........................... $2,597,999,000
Budget estimate, 2018................................. 1,717,484,000
Recommended, 2018..................................... 2,357,840,000
Comparison:
Appropriation, 2017............................... -240,159,000
Budget estimate, 2018............................. +640,356,000
The bill provides $2,357,840,000 for Environmental Programs
and Management, $240,159,000 below the fiscal year 2017 enacted
level and $640,356,000 above the budget request. A detailed
table of funding recommendations below the account level is
provided at the end of this report, and the Committee provides
the following additional detail by program area:
Clean Air.--The Committee recommends $227,142,000. Within
this amount, the Committee includes $3,000,000 to enhance the
efficiency and effectiveness of both preconstruction and
operating permitting programs. In addition, the Committee
continues to support the EnergySTAR program and does not
terminate the program as proposed. However, program adjustments
or reforms may be warranted. In 2009, EPA and the Department of
Energy signed a Memorandum of Understanding that reallocated
roles and responsibilities between the Department and the
Agency. The Committee believes those responsibilities should be
reviewed. In addition, EPA appropriately took action to
restructure the program in 2011 following questions about
program integrity. The Agency established third party
certification requirements that directed many product review
responsibilities to outside vendors. As such, the Committee
finds that historical funding levels exceed the needs for
internal product reviews leading to the recommended level of
$31,000,000 for fiscal year 2018. Further, the Committee does
not support the termination of voluntary programs such as
Natural GasSTAR, AgSTAR, and other partnership programs where
EPA works collaboratively with non-governmental entities to
identify beneficial methods to reduce emissions, pollution, and
increase efficiency.
Compliance.--The Committee recommends $96,665,000. Tracking
the import and export of hazardous waste shipment remains a key
priority for the Committee.
Environmental Protection: National Priorities.--The bill
provides $12,700,000 for a competitive grant program to provide
technical assistance for improved water quality or safe
drinking water, adequate waste water to small systems or
individual private well owners. The Agency shall provide
$10,000,000 for Grassroots Rural and Small Community Water
Systems Assistance Act, for activities specified under Section
1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)(8)). The Agency is also directed to provide $1,700,000 for
grants to qualified not-for-profit organizations for technical
assistance for individual private well owners, with priority
given to organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide on a national and multi-State
regional basis, $1,000,000 for grants to qualified
organizations excluding institutions of higher education, for
the sole purpose of providing on-site training and technical
assistance for wastewater systems. The Agency shall require
each grantee to provide a minimum 10 percent match, including
in kind contributions. The Agency is directed to allocate funds
to grantees within 180 days of enactment of this Act.
Geographic Programs.--The bill provides $402,000,000. The
Committee has provided funding for programs that support
restoration and protection of our Nation's most important water
bodies, as protection of these resources continues to be a
priority. From within the amount provided, the Committee
directs the following:
Great Lakes Restoration Initiative.--The Committee
recommends $300,000,000 for the Great Lakes Restoration
Initiative (GLRI), equal to the fiscal year 2017 enacted level
and $300,000,000 above the budget request. The Agency shall
continue to follow the direction as provided in House Report
112-589. The Committee supports ongoing work to reduce the
growth of harmful algal blooms and encourages continued
targeting of watersheds that could pose a threat to human
health in drinking water.
Chesapeake Bay.--The Committee recommends $60,000,000 for
the Chesapeake Bay program, $13,000,000 below the fiscal year
2017 enacted level and $60,000,000 above the budget request.
From within the amount provided, $5,000,000 is for nutrient and
sediment removal grants and $5,000,000 is for small watershed
grants to control polluted runoff from urban, suburban and
agricultural lands.
Puget Sound.--The Committee recommends $28,000,000 for
Puget Sound, equal to the fiscal year 2017 enacted level and
$28,000,000 above the budget request. Funds shall be allocated
in the same manner as directed in House Report 112-331. The
Committee directs EPA to expeditiously obligate funds, in a
manner consistent with the authority and responsibilities under
Section 320 and the National Estuary Program.
Indoor Air and Radiation.--The Committee recommends
$25,637,000, and the Agency should continue to operate the
program following the priorities and direction under this
heading in House Report 114-632 to implement the National Radon
Action Plan.
Operations and Administration.--The recommendation includes
$496,483,000, as requested. The bill concurs with the Agency's
proposed allocation of resources for workforce reshaping
through buyouts and voluntary separation agreements offered to
employees.
Resource Conservation and Recovery Act (RCRA).--The
Committee recommends $100,877,000, $4,000,000 below the fiscal
year 2017 enacted level and $27,784,000 above the budget
request. Of the funds provided, not less than $2,000,000 should
be allocated toward implementation of the provisions under
section 2301 of the WIIN Act (P.L. 114-322) for the expeditious
development of guidance for State and Federal plans to address
the management of coal combustion residuals, and for EPA to
implement a permit program in non-participating states. The
Committee anticipates that additional State grants will be
necessary to implement a permitting program as authorized under
the WIIN Act. Since States are still waiting on guidance from
EPA on how to best establish those programs, the Committee will
continue to monitor progress and intends to revisit the
question of additional State grant resources, as well as funds
necessary for EPA to implement permit programs in non-
participating States, in a final fiscal year 2018
appropriations bill. This is a key priority for the Committee.
Further, the Committee does not support the proposed
modification of cleanups under the RCRA Waste Management
program nor the proposed elimination of the RCRA Waste
Minimization and Recycling program.
Toxics risk review and prevention.--The Committee
recommends $92,521,000, equal to the fiscal year 2017 enacted
level. The budget proposes an aggressive schedule for
developing the new TSCA fee rule, and for the transition of FTE
to be covered by new fee collections. The Committee is
concerned the proposed schedule may be too aggressive. The
recommended level provides for a more gradual transition to fee
funded FTE for fiscal year 2018 so as to avoid a funding lapse
that could impact implementation. Further, the Committee does
not support the elimination of the Pollution Prevention
program.
Water: Ecosystems.--The Committee recommends $47,788,000,
equal to the fiscal year 2017 enacted level. From within the
amount provided, the recommendation includes $16,800,000 to
provide $600,000 to each National Estuary Program (NEP) funded
under Section 320 of the Clean Water Act. Further, in the
Administrative Provisions section, the Committee directs that
$1,500,000 in competitive grants be made available for
additional projects, and encourages EPA to work in consultation
with the NEP directors to identify worthy projects and
activities.
Water Quality Protection.--The Committee recommends
$178,855,000 and rejects the proposed elimination of the
WaterSENSE program. The recommendation does not support the
propose termination of the Urban Waters program. The Committee
supports ongoing activities related to integrated planning,
which will be increasingly necessary as States and communities
evaluate wastewater systems for lead contamination issues and
pipe replacement. Further, the Committee is aware that more
than one quarter of the U.S. population relies on onsite-
decentralized systems to treat wastewater. The Committee urges
the Agency to designate additional technical assistance,
resources and expertise toward onsite wastewater recycling
issues within the Decentralized Wastewater Program.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account:
Administrator Priorities.--EPA is directed to submit a
report within 90 days of enactment of this Act that identifies
how any fiscal year 2016 and 2017 funding was used, by account,
program area, and program project. Each activity funded should
include a justification for the effort and any anticipated
results.
Antimicrobial Solutions for Citrus Disease.--The Committee
recognizes the importance of antimicrobial crop protection
tools in combating citrus greening and continues to support
EPA's cooperation with the U.S. Department of Agriculture's
Multi-Agency Coordination Group.
Coal Combustion Residuals.--Section 2301 of the WIIN Act
(P.L. 114-322) amended the Solid Waste Disposal Act to
authorize the Agency to review and approve, as appropriate,
State programs for permits or other systems of prior approval
and conditions under State law for the regulation of coal
combustion residuals. To expedite the process for reviewing and
approving such State programs, the Agency should establish, as
expeditiously as is practicable, streamlined procedures for
prompt approval of those State programs.
Exempt Aquifers.--For fiscal year 2018, the Committee
anticipates that EPA will continue to receive exempt aquifer
applications from the State of California for processing and
approval. The Committee continues to support protecting
underground sources of drinking water and promoting robust
economic development. Accordingly, EPA is urged to work
expeditiously to process exempt aquifer applications and use
the existing regulatory framework to process these applications
as provided in House Report 114-170 and House Report 114-632.
Glider Kits.--The Committee notes that the Phase 2 rule for
Medium and Heavy-Duty Engines and Vehicles is generally
supported by the trucking industry. However, under the Phase 2
rule, the Agency defined a glider kit as a new motor vehicle
for the purposes of regulation. The Committee recognizes that
glider kits typically do not incorporate new engines;
therefore, classifying a glider kit as a new motor vehicle
raises a number of valid concerns. The Committee also
understands the intent of the provisions in the Phase 2 rule is
to promote the removal of older, dirtier engines from the
vehicle fleet in order to make air quality improvements. This
is a policy that the Committee has strongly supported over a
number of years albeit in a non-regulatory manner through the
use of grants to encourage engine retrofits. The Committee
urges EPA to study the emissions impact of remanufactured
engines used in glider kits, compared to new engines, and issue
a report to the Committee when available.
Restrictions on Certain Communications.--In 2015, the
Government Accountability Office (GAO) concluded that EPA
violated prohibitions against publicity or propaganda and
grassroots lobbying contained in appropriations Acts. The
Committee is also aware that grant funds were used to support
billboards, websites and other advocacy efforts in the Pacific
Northwest. The Committee reminds EPA that funding may not be
used in a manner contrary to Section 401 of this bill.
Science Advisory Board.--The Agency is directed to develop
updated policy statements in order to fulfill previous
Congressional directives.
Significant New Alternatives Policy (SNAP) Program.--The
Committee reiterates the direction contained within the
explanatory statement associated with the Consolidated
Appropriations Act, 2017 to consider harmonizing the status of
any previously approved refrigerant or foam-blowing agent with
other domestic and international programs for refrigeration and
commercial air conditioning applications, and corresponding
deadlines for military, space- and aeronautics-related
applications.
TSCA Risk Evaluations and Risk Management.--The Committee
directs EPA to implement the Frank R. Lautenberg Chemical
Safety for the 21st Century Act in a manner that reflects the
best available science as now required under TSCA sections 6
and 26. In December 2016 and January 2017, EPA proposed rules
under section 6(a) to prohibit certain chemical uses that rely
on risk assessments completed by the Agency in 2014 that may
not comply with TSCA section 26(l)(4). Rather than continuing
with those rulemakings, the Committee encourages EPA to
consider those chemical uses as part of the risk evaluation
process for the ten priority compounds recently designated by
EPA under TSCA section 6(b)(2)(A), which include the chemicals
in question. Further, in order to support the ongoing and
upcoming TSCA risk evaluation workload, the Committee would
support the realignment and consolidation of risk assessment
resources if proposed in future budget requests.
Worker Protection Standards.--The Committee directs the
Agency to engage the U.S. Department of Agriculture, farmers,
farm workers, industry and other interested organizations as it
implements its standards.
Hazardous Waste Electronic Manifest System Fund
This account supports all activities necessary for the
development of the system established by the Hazardous Waste
Electronic Manifest Establishment Act (P.L. 112-195).
Appropriation enacted, 2017........................... $3,178,000
Budget estimate, 2018................................. 3,674,000
Recommended, 2018..................................... 3,674,000
Comparison:
Appropriation, 2017............................... +496,000
Budget estimate, 2018............................. 0
The bill provides $3,674,000 which is expected to be fully
offset by fees for a net appropriation of $0. The Committee
continues to support the expeditious development of a system
that would allow for the electronic tracking of hazardous waste
shipments pursuant to P.L. 112-195.
Office of Inspector General
The Office of Inspector General (OIG) provides audit,
evaluation, and investigation products and advisory services to
improve the performance and integrity of EPA programs and
operations. The Inspector General (IG) will continue to perform
the function of IG for the Chemical Safety and Hazard
Investigation Board. This account funds personnel compensation
and benefits, travel, and expenses (excluding rent, utilities,
and security costs) for the Office of Inspector General. In
addition to the funds provided under this heading, this account
receives funds from the Hazardous Substance Superfund account.
Appropriation enacted, 2017........................... $41,489,000
Budget estimate, 2018................................. 37,475,000
Recommended, 2018..................................... 40,000,000
Comparison:
Appropriation, 2017............................... -1,489,000
Budget estimate, 2018............................. +2,525,000
The bill provides $40,000,000, which is $1,489,000 below
the fiscal year 2017 enacted level and $2,525,000 above the
budget request. In addition, the Committee recommends
$7,778,000 as a payment to this account from the Hazardous
Substance Superfund account. The Inspector General is directed
to prioritize funds to projects that prevent and detect fraud,
waste and abuse at the Environmental Protection Agency.
Buildings and Facilities
The Buildings and Facilities account provides for the
design and construction of EPA-owned facilities as well as for
the repair, extension, alteration, and improvement of
facilities used by the Agency. The funds are used to correct
unsafe conditions, protect health and safety of employees and
Agency visitors, and prevent deterioration of structures and
equipment.
Appropriation enacted, 2017........................... $34,467,000
Budget estimate, 2018................................. 39,553,000
Recommended, 2018..................................... 39,553,000
Comparison:
Appropriation, 2017............................... +5,086,000
Budget estimate, 2018............................. 0
The bill provides $39,553,000 as requested, and $5,086,000
above the fiscal year 2017 enacted level. The Committee
supports proposed projects that will reduce Agency operational
and rent costs. EPA should prioritize projects based on
anticipated cost savings and allocate funds accordingly.
Hazardous Substance Superfund
The Hazardous Substance Superfund (Superfund) program was
established in 1980 by the Comprehensive Environmental
Response, Compensation, and Liability Act to clean up emergency
hazardous materials, spills, and dangerous, uncontrolled, and/
or abandoned hazardous waste sites. The Superfund Amendments
and Reauthorization Act (SARA) expanded the program
substantially in 1986, authorizing approximately $8,500,000,000
in revenues over five years. In 1990, the Omnibus Budget
Reconciliation Act extended the program's authorization through
1994 for $5,100,000,000 with taxing authority through calendar
year 1995.
The Superfund program is operated by EPA subject to annual
appropriations from a dedicated trust fund and from general
revenues. Enforcement activities are used to identify and
induce parties responsible for hazardous waste problems to
undertake cleanup actions and pay for EPA oversight of those
actions. In addition, responsible parties have been required to
cover the cost of fund-financed removal and remedial actions
undertaken at spills and waste sites by Federal and State
agencies. Funds are paid from this account to the Office of
Inspector General and Science and Technology accounts for
Superfund related activities.
Appropriation enacted, 2017........................... $1,088,769,000
Budget estimate, 2018................................. 762,063,000
Recommended, 2018..................................... 1,116,374,000
Comparison:
Appropriation, 2017............................... +27,605,000
Budget estimate, 2018............................. +354,311,000
The bill provides $1,116,374,000 for the Hazardous
Substance Superfund program, which is $27,605,000 above the
fiscal year 2017 enacted level and $354,311,000 above the
budget request. Unless otherwise stated herein or in the table
at the end of this report, the recommendation continues funding
for all Superfund programs, activities, and subactivities at
the fiscal year 2017 enacted level.
Operations and Administration.--The recommendation includes
$123,105,000, which is $5,000,000 below the fiscal year 2017
enacted level based upon estimates for rent, facility, and
security savings. The recommendation does not concur with the
Agency's proposed allocation of resources for workforce
reshaping.
Superfund Cleanup.--The Committee recommends $766,167,000,
which is $47,605,000 above the fiscal year 2017 enacted level.
The Committee appreciates the Administration's commitment to
streamline and improve the program, and concurs with the
designation of the program as a national infrastructure
priority. The Committee expects the recommended resources will
accelerate remediation at highly contaminated, orphan sites.
Further, the Committee expects the additional funding will also
support pipeline activities such as remedial investigations,
feasibility studies, and remedial designs which are critical
steps prior to construction.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account:
Financial Assurance.--The Committee is aware of concerns
raised by States, stakeholders, and the Small Business
Administration's Office of Advocacy regarding the Agency's
proposed rule on financial assurance for hardrock mining. Those
comments indicate the rule as proposed in January 2017 was
duplicative of other financial assurance programs and
unworkable. Accordingly the Committee has included bill
language to prevent the proposed rule from being finalized in
its current form.
Leaking Underground Storage Tank Trust Fund Program
Subtitle I of the Solid Waste Disposal Act, as amended by
the Superfund Amendments and Reauthorization Act, authorized
the establishment of a response program for cleanup of releases
from leaking underground storage tanks. Owners and operators of
facilities with underground tanks must demonstrate financial
responsibility and bear initial responsibility for cleanup. The
Federal trust fund is funded through the imposition of a motor
fuel tax of one-tenth of a cent per gallon.
In addition to State resources, the Leaking Underground
Storage Tank (LUST) Trust Fund provides funding to clean up
sites, enforces necessary corrective actions, and recovers
costs expended from the Fund for cleanup activities. The
underground storage tank response program is designed to
operate primarily through cooperative agreements with States.
Funds are also used for grants to non-State entities, including
Indian Tribes, under Section 8001 of the Resource Conservation
and Recovery Act. The Energy Policy Act of 2005 expanded the
authorized activities of the Fund to include the underground
storage tank program. In 2006, Congress amended section 9508 of
the Internal Revenue Code to authorize expenditures from the
trust fund for prevention and inspection activities.
Appropriation enacted, 2017........................... $91,941,000
Budget estimate, 2018................................. 47,429,000
Recommended, 2018..................................... 91,874,000
Comparison:
Appropriation, 2017............................... -67,000
Budget estimate, 2018............................. +44,445,000
The bill provides $91,874,000 for the Leaking Underground
Storage Tank (LUST) Trust Fund Program, $67,000 below the
fiscal year 2017 enacted level and $44,445,000 above the budget
request.
Inland Oil Spill Programs
This appropriation, authorized by the Federal Water
Pollution Control Act, as amended by the Oil Pollution Act of
1990, provides funds to prepare for and prevent releases of oil
and other petroleum products in navigable waterways. In
addition, EPA is reimbursed for incident specific response
costs through the Oil Spill Liability Trust Fund managed by the
United States Coast Guard.
EPA is responsible for directing all cleanup and removal
activities posing a threat to public health and the
environment; conducting site inspections; providing a means to
achieve cleanup activities by private parties; reviewing
containment plans at facilities; reviewing area contingency
plans; pursuing cost recovery of fund-financed cleanups; and
conducting research of oil cleanup techniques. Funds for this
appropriation are provided through the Oil Spill Liability
Trust Fund which is composed of fees and collections made
through provisions of the Oil Pollution Act of 1990, the
Comprehensive Oil Pollution Liability and Compensation Act, the
Deepwater Port Act of 1974, the Outer Continental Shelf Lands
Act Amendments of 1978, and the Federal Water Pollution Control
Act, as amended. Pursuant to law, the Trust Fund is managed by
the United States Coast Guard.
Appropriation enacted, 2017........................... $18,209,000
Budget estimate, 2018................................. 15,717,000
Recommended, 2018..................................... 18,047,000
Comparison:
Appropriation, 2017............................... -162,000
Budget estimate, 2018............................. +2,330,000
The bill provides $18,047,000 for the Inland Oil Spill
program, $162,000 below the fiscal year 2017 enacted level and
$2,330,000 above the budget request.
State and Tribal Assistance Grants
The State and Tribal Assistance Grants (STAG) account
provides grant funds for programs operated primarily by State,
local, Tribal and other governmental partners. The account
includes two broad types of funds: (1) Infrastructure
Assistance, which is used primarily by local governments for
projects supporting environmental protection; and (2)
Categorical Grants, which assist State and Tribal governments
and other environmental partners with the operation of
environmental programs. The account also includes specific
program grants such as competitive Brownfields grants and
diesel emissions reduction grants.
In the STAG account, EPA provides funding for
infrastructure projects through two State Revolving Funds
(Clean Water and Drinking Water), geographic specific projects
in Alaskan Native Villages and on the United States-Mexico
Border, Brownfields revitalization projects, diesel emission
reduction grants, and other targeted infrastructure projects.
The State Revolving Funds (SRFs) provide Federal financial
assistance to protect the Nation's water resources. The Clean
Water SRF helps eliminate municipal discharge of untreated or
inadequately treated pollutants and thereby helps maintain or
restore the country's water to a swimmable and/or fishable
quality. The Clean Water SRF provides resources for municipal,
inter-municipal, State, and interstate agencies and Tribal
governments to plan, design, and construct wastewater
facilities and other projects, including non-point source,
estuary, stormwater, and sewer overflow projects. The Safe
Drinking Water SRF finances improvements to community water
systems so that they can achieve compliance with the mandates
of the Safe Drinking Water Act and continue to protect public
health.
Many of the major Federal environmental statutes include
provisions that allow the Federal government, through EPA, to
delegate to the States and Tribes the day-to-day management of
environmental programs or to approve State and Tribal
environmental programs. The Federal statutes were designed to
recognize the States as partners and co-regulators, allowing
the States to issue and enforce permits, carry out inspections
and monitoring, and collect data. To assist the States in this
task, the statutes also authorized EPA to provide grants to the
States and Tribes. These grants, which cover every major aspect
of environmental protection, include those programs authorized
by sections 319 and 106 of the Clean Water Act (Federal Water
Pollution Control Act, as amended) (for non-point source
pollution and the water quality permits programs), sections 105
and 103 of the Clean Air Act (for State and Local air quality
management programs), section 128 of CERCLA (for State and
Tribal response programs), section 1443(a) of the Safe Drinking
Water Act (for public water system supervision), and section
3011 of RCRA (for the implementation of State hazardous waste
programs).
Appropriation enacted, 2017........................... $3,527,161,000
Budget estimate, 2018................................. 2,933,467,000
Recommended, 2018..................................... 3,288,161,000
Comparison:
Appropriation, 2017............................... -239,000,000
Budget estimate, 2018............................. +354,694,000
The bill provides $3,288,161,000 for the State and Tribal
Assistance Grants account, $239,000,000 below the fiscal year
2017 enacted level and $354,694,000 above the budget request.
The Committee provides the following additional detail by
program area:
Infrastructure Assistance.--The Committee notes that more
than $6 billion is currently revolving in the system and
available for drinking water and wastewater infrastructure
loans. The Committee believes that EPA and the States must
aggressively allocate existing funds to projects in order to
address the pressing infrastructure needs facing the country.
In addition, the Committee continues to encourage EPA and water
infrastructure stakeholders to promote alternate financing
mechanisms for water infrastructure at local, State and Federal
levels as it is widely accepted that Federal financing through
the State Revolving Funds remains an important yet insufficient
tool to address the Nation's water needs.
Public-private partnerships, greater access to financing
from private activity bonds, and improved asset management are
just a few of the mechanisms that the Committee believes could
serve to increase investment in a complementary way to Federal
appropriations and reduce costs.
In addition, the Committee continues bill language to allow
EPA and the States to provide additional forms of subsidy to
those communities which cannot afford the below market rates
provided by an SRF loan.
The Committee has a history of including a provision
affording a procurement preference for iron and steel products
produced in the United States in projects receiving funds from
the State Revolving Funds or, now, the Water Infrastructure
Finance and Innovation Act.
Brownfields Program.--The bill provides $90,000,000 for
brownfields grants and directs that at least 10 percent of such
grants be provided to areas in which at least 20 percent of the
population has lived under the poverty level over the past 30
years as determined by censuses and the most recent Small Area
Income and Poverty Estimates.
Diesel Emissions Reductions Grants (DERA).--The bill
provides $75,000,000 for DERA grants. More than 10 million
older, heavily polluting diesel engines remain in use that have
yet to be retrofitted, repowered, or replaced, and over one
million are expected to remain in use in 2030. For fiscal year
2018, the Committee directs EPA to continue to make at least 70
percent of DERA grants available to improve air quality in non-
attainment areas.
Targeted Airshed Grants.--The bill provides $40,000,000 for
targeted airshed grants to reduce air pollution in non-
attainment areas. These grants shall be distributed on a
competitive basis to non-attainment areas that EPA determines
are ranked as the top five most polluted areas relative to
annual ozone or particulate matter 2.5 standards as well as the
top five areas based on the 24-hour particulate matter 2.5
standard where the design values exceed the 35 /m3 standard.
To determine these areas, the Agency shall use the most recent
design values calculated from validated air quality data. The
Committee notes that these funds are available for emission
reduction activities deemed necessary for compliance with
national ambient air quality standards and included in a State
Implementation Plan submitted to EPA. Not later than the end of
fiscal year 2017, EPA should provide a report to the Committees
on Appropriations that includes a table showing how fiscal year
2016 and 2017 funds were allocated. The table should also
include grant recipients and metrics for anticipated or actual
results.
Categorical Grants.--For categorical grants to States and
other environmental partners for the implementation of
delegated programs, the bill provides $1,066,041,000.
Radon.--The Committee continues to support state radon
program efforts that raise awareness about the associated risks
of radon exposure as ongoing, unmitigated exposures result in
over 21,000 radon-induced lung cancer deaths per year. The
Committee provides $8,051,000, equal to the fiscal year 2017
enacted level, and the Agency shall allocate radon grants in
fiscal year 2018 following the direction in House Report 114-
632.
Water Infrastructure Finance and Innovation Program
Appropriation enacted, 2017........................... 10,000,000
Budget estimate, 2018................................. 20,000,000
Recommended, 2018..................................... 30,000,000
Comparison:
Appropriation, 2017............................... +20,000,000
Budget estimate, 2018............................. +10,000,000
The bill provides $30,000,000 for the Water Infrastructure
Finance and Innovation Act (WIFIA) Program. This level is equal
to the fiscal year 2017 level when compared to funding provided
from both the Consolidated Appropriations Act, 2017 (P.L. 115-
31) and the Further Continuing and Security Assistance
Appropriations Act (P.L. 114-254). From within the amount
provided, the Committee directs $5,000,000 to assist with the
administrative expenses for the WIFIA program.
Greater investment in the replacement of aging
infrastructure will help mitigate nationwide issues the
Committee is tracking related to contaminants such as lead and
arsenic, help address Combined Sewer Overflows and Sanitary
Sewer Overflows, and allow systems to improve water delivery
for residents. Of the recommended amount, $25,000,000 is
provided for direct loan subsidization which may translate into
a potential loan capacity in excess of $3 billion to eligible
entities for water infrastructure projects. The Committee
expects that EPA will issue loans for the first time in fiscal
year 2018 and the Committee intends to closely monitor
implementation.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The Committee continues the language, carried in prior
years, concerning Tribal Cooperative Authority, the collection
and obligation of pesticides fees, and transfer authorities for
the purposes of implementing the Great Lakes Restoration
Initiative.
The bill includes language expanding the eligible
activities that pesticide fees may cover.
The bill authorizes the collection and obligation of TSCA
user fees.
The bill continues language authorizing up to $150,000 to
be spent for facility repairs at any one time.
The bill authorizes certain uses for Section 319 non-point
source grants.
The bill rescinds $60,000,000 of unobligated balances from
the State and Tribal Assistance Grants account.
The bill directs the availability of not less than
$1,500,000 of funds for the National Estuary program as
competitive grants.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
The U.S. Forest Service manages 193 million acres of
National Forests, Grasslands, and a Tallgrass Prairie,
including lands in 44 States and the Commonwealth of Puerto
Rico, and cooperates with States, other Federal agencies,
Tribes and private landowners to sustain the Nation's forests
and grasslands. The Forest Service administers a wide variety
of programs, including forest and rangeland research, State and
private forestry assistance, cooperative forest health
programs, an international program, National Forest System, and
wildland fire management. The National Forest System (NFS)
includes 155 national forests, 20 national grasslands, 20
national recreation areas, a national Tallgrass prairie, six
national monuments, and six land utilization projects. The NFS
is managed for multiple uses, beginning with wood, water and
forage, and expanded under the Multiple Use Sustained Yield Act
to include recreation, grazing, fish and wildlife habitat
management.
Challenges of the National Forests.--The national forests
are facing some of the greatest challenges in their history.
These include invasive species, regional drought and watershed
degradation, fuel buildups and severe wildland fires, habitat
fragmentation, and devastating outbreaks of insects and
disease. For example, the southern pine beetle is the most
destructive insect killer of pine trees in the southeastern
United States. The last major outbreak in 2011 affected nearly
one million acres across eight States and caused an estimated
$1,500,000,000 in damage. Today there are more than 100 million
dead and dying trees, the result of a severe four-year drought
and insect and disease infestation, in California. Many of
these acres are at risk for catastrophic wildland fire. As
such, the Service is directed to aggressively work to improve
the health of the national forests in California and around the
Nation, using all available authorities and strategies. The
Service also is directed to increase its collaboration with
States and partners to address the forest health crisis before
it worsens, putting lives and property at risk of catastrophic
wildland fire.
Office of the Under Secretary for Natural Resources and Environment
Appropriation enacted, 2017........................... $0
Budget estimate, 2018................................. 0
Recommended, 2018..................................... 875,000
Comparison:
Appropriation, 2017............................... +875,000
Budget estimate, 2018............................. +875,000
The Committee recommends $875,000 for the Office of the
Under Secretary for Natural Resources and Environment.
The Committee is funding the Office of the Under Secretary
for Natural Resources and Environment in the Interior,
Environment, and Related Agencies bill instead of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies bill.
Forest Service Accounting, Budgeting, and Management.--The
Committee appreciates the Service's efforts to improve its
accounting, budgeting, and management systems and practices but
believes additional steps are necessary to ensure the Service
is fully accountable and transparent with taxpayer dollars. The
Committee has included bill language and directives relating to
the administrative control of funds, budgeting practices and
cost pools, and the Integrated Resource Restoration (IRR) pilot
program. The Committee requests that the Secretary of
Agriculture fully engage on these issues and designate a senior
staff member with budgeting and management expertise to assist
the Service on these matters.
The Committee has learned the Service has outdated,
unofficial policy and guidance documents directing the
administrative control of funds; that in some cases control
practices have been developed in an ad hoc manner; and that the
practices vary across regions, forests, and districts. This is
contrary to current law (31 U.S.C. 1514) and Office of
Management and Budget requirements (OMB Circular No. A-11).
Without internal controls, accountability and transparency are
impossible to achieve. The Committee includes bill language to
require the Service to develop an administration control of
funds system, as required by 31 U.S.C. 1514). The Committee
expects the system will apply consistently across the Service.
The Committee also requests the Service to provide a report to
the House and Senate Committees on Appropriations, as soon as
practicable, on the estimated cost, staffing, and time
requirements for developing and implementing this system.
The Committee would like to assist the Service in its
efforts to improve its accounting and budgeting processes. As
such, the Committee requests a report by December 31, 2017, on
the feasibility of restructuring the Service's budget request.
The Committee envisions a request that allocates funding for
the Service's major programs between salaries and expenses and
project funds. This would allow for the elimination of cost
pools, which the Committee believes complicate the Service's
accounting and budgeting processes, and increase confidence
that funds are used for the purposes Congress intended. The
Committee looks forward to working with the Service on this
request.
The Committee discontinues the set asides for the IRR
pilot. The goal of IRR was to improve the integration and
prioritization of the forest restoration program, increase the
flexibility of the regions in the pilot to focus on high-
priority projects, and to create budgetary and implementation
efficiencies. In some cases, the flexibility provided by the
pilot allowed regions to better integrate budgeting and project
planning. However, budgetary and implementation efficiencies
were not realized. The Committee believes that providing
national forests the flexibility to identify and focus on high-
priority projects will ultimately improve forest health. As
such, the Committee directs the Service to identify the
positive results of the IRR pilot, such as improved priority-
setting and greater cooperation between forests and regions,
and to apply them uniformly across the Service.
Fiscal Year 2019 Budget Request.--The Committee appreciates
the Service's work to provide project statements showing total
available funding, including mandatory and discretionary funds;
justifications of increases and decreases; and classifications
of objects for each account in its fiscal year 2018 budget
request, and directs the Service to provide the same
information in greater detail in the fiscal year 2019 budget
request. The Committee encourages the Service to work with the
Office of Budget and Program Analysis to conform its budget
requests to those of other Department of Agriculture agencies
and offices.
Indian Trust Lands.--The Service is encouraged to promote
and expand the use of agreements with Indian Tribes to protect
Indian trust resources from catastrophic wildfire, insect and
disease infestation or other threats from adjacent Federal
lands, as authorized by law.
Knutsen-Vandenberg Program.--The Committee is concerned
that the Service is not fully utilizing the Knutson-Vandenberg
fund as authorized by 16 U.S.C. 576b, including the amendments
made by this Committee in P.L. 109-54, to accomplish important
restoration activities with funds generated from timber sales.
The Service is directed to fully utilize this authority and
limit the deduction of any agency overhead cost pools to fund
personnel of the responsible Ranger District for the planning
and implementation of activities authorized and funded under
the Act.
American Discovery Trail.--The Committee encourages the
Service to work with interested parties to facilitate the
installation of signage for the American Discovery Trail, in
accordance with current law and regulation.
Superior National Forest.--The Committee encourages the
Service to coordinate with the Bureau of Land Management to
complete a thorough environmental impact statement evaluating
the proposal to withdraw nearly 235,000 acres of National
Forest System lands in the Rainy River Watershed from mineral
leasing for a period of 20 years, considering the economic,
environmental, public health, and other related issues raised
during the scoping process.
FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2017........................... $288,514,000
Budget estimate, 2018................................. 259,000,000
Recommended, 2018..................................... 278,368,000
Comparison:
Appropriation, 2017............................... -10,146,000
Budget estimate, 2018............................. +19,368,000
The Committee recommends $278,368,000 for Forest and
Rangeland Research, $10,146,000 below the fiscal year 2017
enacted level and $19,368,000 above the budget request.
The Committee recommends $75,037,000 for the FIA program
and does not accept the proposed reduction for invasive species
research.
Forest Products Laboratory.--The Committee recommends
$23,900,000, as requested, for the Forest Products Lab.
Wood Products Research.--The Committee supports continued
research to improve the environmental performance, resiliency,
and affordability of mass timber and other wood products and
directs the Service to engage public safety, regulatory
agencies, and any other interested parties to ensure public
safety issues are appropriately addressed.
Bighorn Sheep Research.--The Service is urged to
collaborate with the Bureau of Land Management and the
Agricultural Research Service on research involving the risk of
disease transmission between domestic and bighorn sheep.
Forest Carbon Research.--The Committee encourages the
Service to work with other U.S. Department of Agriculture
agencies and offices to establish the methods and tools needed
to quantify forest carbon as a resource.
Water, Air, and Soil Research.--The Committee notes that
the Service's research program has the potential to improve air
quality monitoring technologies and air quality data and
encourages the Service to collaborate with other Federal
agencies and research partners in this field.
Forest Health and Fire Research.--The Committee recognizes
the valuable research contributions that other Federal agencies
and State and private colleges and universities make on forest
health and fire issues and encourages the Service to expand
these partnerships where feasible.
Previously Requested Reports.--The Committee reminds the
Service of the Post-fire Treatment Report and Technical Report
Update required by House report 114-632 and encourages their
expeditious completion.
Research Program Report.--The Committee appreciates the
information provided on the Service's research program in the
fiscal year 2018 budget request and directs the Service to
continue to provide this information in the fiscal year 2019
request.
STATE AND PRIVATE FORESTRY
Appropriation enacted, 2017........................... $216,921,000
Budget estimate, 2018................................. 118,010,000
Recommended, 2018..................................... 198,710,000
Comparison:
Appropriation, 2017............................... -18,211,000
Budget estimate, 2018............................. +80,700,000
The Committee recommends $198,710,000 for State and Private
Forestry, $18,211,000 below the fiscal year 2017 enacted level
and $80,700,000 above the budget request.
Landscape Scale Restoration.--The Committee recommends
$13,643,000 for Landscape Scale Restoration, $357,000 below the
fiscal year 2017 level and $13,643,000 above the budget
request.
Forest Health Management.--The Committee recommends
$92,084,000 for Forest Health Management, $2,416,000 below the
fiscal year 2017 enacted level and $1,694,000 above the budget
request.
Forest Stewardship Program.--The Committee recommends
$19,525,000 for the Forest Stewardship Program, $511,000 below
the fiscal year 2017 enacted level and $975,000 below the
budget request.
Forest Legacy.--The recommendation includes $36,184,000 for
Forest Legacy. Not later than the start of the fiscal year, the
Service is directed to submit to the Committee the list of
fiscal year 2018 projects that have been prioritized in
accordance with the existing, competitive national selection
process.
Community Forest and Open Space Conservation.--The
Committee recommends $1,950,000 for Community Forest and Open
Space Conservation, $50,000 below the fiscal year 2017 enacted
level and $1,950,000 above the budget request.
Urban and Community Forestry.--The Committee recommends
$27,324,000 for Urban and Community, $716,000 below the fiscal
year 2017 enacted level and $27,324,000 above the budget
request.
International Forestry.--The Committee recommends
$8,000,000 for International Forestry, equal to the fiscal year
2017 enacted level and $880,000 above the budget request.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2017........................... $1,513,318,000
Budget estimate, 2018................................. 1,747,442,000
Recommended, 2018..................................... 1,885,827,000
Comparison:
Appropriation, 2017............................... +372,509,000
Budget estimate, 2018............................. +138,385,000
The Committee recommends $1,885,827,000 for the National
Forest System, $372,509,000 above the fiscal year 2017 enacted
level and $138,385,000 above the budget request. The Committee
accepts the proposal to transfer Hazardous Fuels from the
Wildland Fire Management account to the National Forest System
account.
Land Management Planning, Assessment, and Monitoring.--The
Committee recommends $178,263,000 for Land Management Planning,
Assessment, and Monitoring, $4,665,000 below the fiscal year
2017 enacted level and $13,263,000 above the budget request.
The Committee is aware that the Service, Bureau of
Reclamation and others worked together during fiscal years 2016
and 2017 to initiate a multi-year study to generate new
knowledge to quantitatively establish the benefits of forest
management practices in the Sierra Nevada that could
potentially generate water supply and other benefits to the
Central Valley Project and the State Water Project. The
Committee supports the Service's continued participation,
through the Western Watershed Enhancement Partnership program,
in the analysis of science-based fuel reductions that are
mutually beneficial to national forest health and water supply
yield and, if merited, recommendations for further
Congressional action.
Recreation, Heritage and Wilderness.--The Committee
recommends $257,848,000 for Recreation, Heritage and
Wilderness, $6,747,000 below the fiscal year 2017 enacted level
and $4,968,000 above the budget request. Of the funds available
to Manage Recreation Operations, $750,000 shall be for the
maintenance of rural airstrips.
Palisades Wilderness Study Area.--Congress intended for
existing and historic motorized recreational uses to continue
in wilderness study areas as designated in the 1984 Wyoming
Wilderness Act. The Committee is aware that recent decisions by
the Service have misconstrued this intent, which has had the
effect of limiting previously established winter motorized
uses. The Committee directs the Service to review its decisions
and provide a report within 30 days of enactment of this Act to
the Committee on its plan to remedy the concerns.
Off-Highway Vehicle Report.--The Committee directs the
Service to provide a report on its off-highway vehicle (OHV)
mixed-use analysis. The report should include information on
how OHV access to forest roads would affect recreational
opportunities and related economic activity in forest
communities; how many miles potentially could become available;
estimated budget needs for expanded access; plans for opening
new routes; and how other vehicles, such as all-terrain
vehicles, could be utilized by wounded veterans and disabled
citizens. The Committee reminds the Service of the importance
of making the national forests as accessible as possible to the
American people and requests that the Service work with States,
local officials, communities, and partners as it implements the
travel analysis process.
Special-use Permits.--The Committee encourages the Service
to increase the pace and scale of its evaluation of special-use
permits in order to improve access to public lands and generate
additional economic activity in the national forests and forest
communities.
Kisatchie National Forest.--The Committee is concerned
about reports that the Service has insufficiently scoped the
Breezy Hill Trail construction proposal and failed to
adequately consider public comments, as required by the
National Environmental Policy Act (NEPA). As such, the
Committee directs the Service to provide a report within 30
days of enactment of this Act on how it intends to comply with
all NEPA requirements, ensure public participation, and engage
local communities regarding this proposal.
Grazing Management.--The Committee recommends $56,856,000
for Grazing Management, equal to the fiscal year 2017 enacted
level and $6,256,000 above the budget request.
The Committee encourages the Service to improve its
monitoring of grazing permits in allotments where riparian
streamside health is a concern for listed or threatened
species. The Committee also requests each Forest Service region
increase transparency and reporting on how their monitoring
resources are used on the ground to satisfy monitoring
requirements or for other purposes.
Hazardous Fuels.--The Committee recommends $392,500,000 for
hazardous fuels, $2,500,000 above the fiscal year 2017 level
and $38,212,000 above the budget request. The Committee accepts
the proposal to move Hazardous Fuels to the National Forest
System from Wildland Fire Management.
The Committee directs the Service to use the best available
science that takes into account historical fire data, landscape
characteristics, and forest composition as well as the effects
of past and current human influences, such as development and
land-use patterns, and climatic conditions to identify the
highest priority areas for hazardous fuel reduction and forest
health and management treatments. The Committee also recommends
prioritizing funding for proactive hazardous fuels management
and fire mitigation in high-priority areas to protect life and
property.
Forest Products.--The Committee recommends $370,305,000 for
Forest Products, $2,500,000 above the fiscal year 2017 enacted
level and $11,184,000 above the budget request.
The Committee believes timber sales are a vital component
of forest health. The budget request assumes 3.2 billion board
feet of timber volume will be sold in fiscal year 2018. The
Committee encourages the Service to work toward sales of 4
billion board feet.
Vegetation and Watershed Management.--The Committee
recommends $180,000,000 for Vegetation and Watershed
Management, $4,716,000 below the fiscal year 2017 enacted level
and $5,600,000 above the budget request.
The Committee directs the Service to establish a pilot
program to promote voluntary vegetation management along
electric transmission and distribution rights-of-way to reduce
the threat of catastrophic wildfire.
Wildlife and Fisheries Habitat Management.--The Committee
recommends $136,430,000 for Wildlife and Fisheries Habitat
Management, $4,036,000 below the fiscal year 2017 enacted level
$11,430,000 above the budget request.
Collaborative Forest Landscape Restoration Fund.--The
Committee recommends $38,980,000, for the Collaborative Forest
Landscape Restoration Fund, $1,020,000 below the fiscal year
2017 enacted level and $38,980,000 above the budget request.
The Committee recognizes the need to ensure forest
resiliency and support multiple uses on national forest lands.
The Committee urges the Service to incorporate a variety of
landscapes, including wet forests, as it develops future
projects for the Collaborative Forest Landscape Restoration
Program.
Minerals and Geology Management.--The Committee recommends
$73,642,000 for Minerals and Geology Management, $1,927,000
below the fiscal year 2017 enacted level and $5,642,000 above
the budget request.
The Committee expects that the Service will not promulgate
regulations under the authority provided by section 2508 of
Public Law 102-486 regarding certain oil and gas activities
where the Federal government has acquired an interest in
surface lands but not in oil and gas deposits that may be
present under these lands. The Committee intends that the Third
Circuit Court of Appeals decision in Minard Run Oil Co. v. U.S.
Forest Serv., 670 F.3d 236 (3d Cir. 2011) will continue to
apply to all Forest Service actions regarding oil and gas
development of outstanding and reserved mineral rights on the
Allegheny National Forest.
Landownership Management.--The Committee recommends
$71,850,000 for Landownership Management, $1,880,000 below the
fiscal year 2017 enacted level and $2,850,000 above the budget
request.
The Committee is concerned about significant delays in
processing rights-of-way and property access requests and
directs the Service to update its regulations and processes
related to these requests to ensure they are efficient, fair,
and standardized across the Nation.
Law Enforcement Operations.--The Committee recommends
$129,153,000 for Law Enforcement Operations, $2,500,000 above
the fiscal year 2017 enacted level and equal to the budget
request.
Avalanche Mitigation.--The Committee is concerned about
avalanche dangers in the National Forest System, including the
Cottonwood Canyons in Utah, and encourages the Service to
continue efforts to work cooperatively with other Federal and
State agencies to mitigate avalanches.
Bill Language.--The Committee includes the following bill
language in Title IV General Provisions: Section 407, allowing
forest management plans to expire if the Forest Service has
made a good faith effort to update plans commensurate with
appropriated funds; Section 410, regarding timber sales of
Alaskan western red cedar; Section 423, allowing the Forest
Service to renew grazing permits; Section 425, extending the
Federal Lands Recreation Enhancement Act for one year; Section
435, prohibiting the use of appropriated funds to close areas
open to recreational hunting and shooting as of January 1,
2013; and Section 436, making vacant allotments for permittees
affected by drought or wildfire.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2017........................... $364,014,000
Budget estimate, 2018................................. 99,693,000
Recommended, 2018..................................... 354,733,000
Comparison:
Appropriation, 2017............................... -9,281,000
Budget estimate, 2018............................. +255,040,000
The Committee recommends $354,733,000 for Capital
Improvement and Maintenance, $9,281,000 below the fiscal year
2017 enacted level and $255,040,000 above the budget request.
Facilities Maintenance and Construction.--The Committee
recommends $69,570,000 for Facilities Maintenance and
Construction, $1,820,000 below the fiscal year 2017 enacted
level and $57,820,000 above the budget request.
Road Maintenance and Construction.--The Committee
recommends $170,630,000 for Road Maintenance and Construction,
$4,464,000 below the fiscal year 2017 enacted level and
$95,387,000 above the budget request.
The Committee encourages the Service to seek out and work
with partners to address access and congestion issues and
provide additional transit options for visitors to the national
forests.
Trail Maintenance and Construction.--The Committee
recommends $75,553,000 for Trail Maintenance and Construction,
$1,977,000 below the fiscal year 2017 enacted level and
$62,853,000 above the budget request.
Legacy Roads and Trail Remediation.--The Committee
recommends $38,980,000 for Legacy Roads and Trails, $1,020,000
below the fiscal year 2017 enacted level and $38,980,000 above
the budget request.
The Committee did not include bill language for legacy
roads and trails remediation as it is not needed. The Service
is expected to allocate this funding in a manner proportionate
to the distribution of roads in need of attention across the
National Forest System and to direct funds to regions most in
need of road remediation.
LAND ACQUISITION
Appropriation enacted, 2017........................... $54,415,000
Budget estimate, 2018................................. 7,000,000
Recommended, 2018..................................... 25,000,000
Comparison:
Appropriation, 2017............................... -29,415,000
Budget estimate, 2018............................. +18,000,000
The Committee recommends $25,000,000 for Land Acquisition,
$29,415,000 below the fiscal year 2017 enacted level and
$18,000,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-31.
The Committee is pleased with the cooperative agreement
between the USFS and local authorities in Skamania County and
encourages the Service to remain supportive of the agreement
and to move forward with the land transfer process.
The Committee supports the continuation of efforts to
resolve the long-standing management challenges regarding
school trust lands within the Boundary Waters Canoe Area in the
Superior National Forest in Minnesota and encourages the
Service to collaborate with nonprofit partners on the private
forestland exchange alternative, which will provide the added
benefit of preserving valuable forestlands outside of Superior
National Forest.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Appropriation enacted, 2017........................... $950,000
Budget estimate, 2018................................. 850,000
Recommended, 2018..................................... 850,000
Comparison:
Appropriation, 2017............................... -100,000
Budget estimate, 2018............................. 0
The Committee recommends $850,000 for Acquisition of Lands
for National Forests Special Acts, equal to the budget request.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Appropriation enacted, 2017........................... $216,000
Budget estimate, 2018................................. 192,000
Recommended, 2018..................................... 192,000
Comparison:
Appropriation, 2017............................... -24,000
Budget estimate, 2018............................. 0
The Committee recommends $192,000 for Acquisition of Lands
to Complete Land Exchanges under the Act of December 4, 1967
(16 U.S.C. 484a), equal to the budget request. The Committee
provides no-year funding authority for this account and
includes the Ozark-St. Francis and Ouchita National Forests in
Arkansas, as requested.
RANGE BETTERMENT FUND
Appropriation enacted, 2017........................... $2,320,000
Budget estimate, 2018................................. 2,065,000
Recommended, 2018..................................... 2,065,000
Comparison:
Appropriation, 2017............................... -255,000
Budget estimate, 2018............................. 0
The Committee recommends $2,065,000 for the Range
Betterment Fund, equal to the budget request, to be derived
from grazing receipts from national forests (Public Law 94-579)
and to be used for range rehabilitation, protection, and
improvements including seeding, reseeding, fence construction,
weed control, water development, and fish and wildlife habitat
enhancement in 16 western States.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2017........................... $45,000
Budget estimate, 2018................................. 45,000
Recommended, 2018..................................... 45,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. 0
The Committee recommends $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research, equal to the budget
request.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
Appropriation enacted, 2017........................... $2,500,000
Budget estimate, 2018................................. 2,225,000
Recommended, 2018..................................... 2,225,000
Comparison:
Appropriation, 2017............................... -275,000
Budget estimate, 2018............................. 0
The Committee recommends $2,225,000 for the Management of
National Forest Lands for Subsistence Uses in Alaska, equal to
the budget request.
WILDLAND FIRE
The Wildland Fire Management account supports the wildland
fire activities of the Forest Service. The Committee recommends
a total of $2,506,357,000 for the Forest Service wildland fire
accounts. This fully funds the fire accounts at the 10-year
average of expenditures. The Committee accepts the proposal to
transfer Hazardous Fuels from the Wildland Fire Management
account to the National Forest System account.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation enacted, 2017........................... $2,833,415,000
Budget estimate, 2018................................. 2,495,038,000
Recommended, 2018..................................... 2,506,357,000
Comparison:
Appropriation, 2017............................... -327,058,000
Budget estimate, 2018............................. +11,319,000
The Committee recommends $2,506,357,000 for Wildland Fire
Management, $327,058,000 below the fiscal year 2017 enacted
level and $11,319,000 above the budget request.
The Committee accepts the proposal to include all costs for
suppression in the Wildland Fire Management account and notes
that most of the decrease is related to the proposal to move
hazardous fuels from the Wildland Fire Management account to
the National Forest System account.
The Committee directs the Service to update the Large
Airtanker Modernization Strategy, dated January 17, 2012, to
reflect current needs and trends in its wildland fire
management program.
The Committee is aware that the North Cascades Smokejumper
Base may need facility upgrades, improvements, and renovations
to meet Federal Aviation Administration compliance standards
and requirements. The Committee understands the value to the
local community of maintaining the North Cascades Smokejumper
Base in Winthrop, Washington, and appreciates the site's
historical significance as the birthplace of the United States'
Smokejumping program. The Committee directs the Service provide
a report on the needs of the North Cascades Smokejumper Base,
as well as its other smokejumper bases, and to include in the
report a description of the effect each has on the economy and
disaster preparedness level of its local community.
Wildland Fire Preparedness.--The Committee recommends
$1,339,620,000 for Wildfire Preparedness, $257,000,000 above
the fiscal year 2017 enacted level and equal to the budget
request. The Committee supports the Service's plan to account
for ``Base 8'' staff costs in the preparedness budget line
item.
Wildland Fire Suppression Operations.--The Committee
recommends $1,056,818,000 for Wildfire Suppression Operations,
$191,182,000 below the fiscal year 2017 enacted level and equal
to the budget request. The Committee recommendation fully meets
the 10-year average expenditure on all suppression activities.
Fire Plan Research and Development.--The Committee
recommends $19,290,000 for Fire Plan Research and Development,
$505,000 below the fiscal year 2017 enacted level and
$1,690,000 above the budget request.
State Fire Assistance.--The Committee recommends
$76,011,000 for State Fire Assistance, $1,989,000 below the
fiscal year 2017 enacted level and $6,611,000 above the budget
request.
Volunteer Fire Assistance.--The Committee recommends
$14,618,000 for Volunteer Fire Assistance, $382,000 below the
fiscal year 2017 enacted level and $3,018,000 above the budget
request.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
Appropriation enacted, 2017........................... $342,000,000
Budget estimate, 2018................................. 0
Recommended, 2018..................................... 0
Comparison:
Appropriation, 2017............................... -342,000,000
Budget estimate, 2018............................. 0
The Committee recommends $0 for the FLAME Wildfire
Suppression Reserve Fund, $342,000,000 below the fiscal year
2017 enacted level and equal to the budget request. As noted
above, the Committee accepts the proposal to include all costs
for suppression in the Wildland Fire Management account.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included administrative provisions as
requested, unless otherwise stated below.
The Committee has included new administrative provisions
regarding the availability of the FLAME Wildfire Suppression
Fund and the development of an Administrative Control of Funds
regulation.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
The provision of Federal health services to Indians is
based on a relationship between Indian Tribes and the U.S.
Government first set forth in the 1830s by the U.S. Supreme
Court under Chief Justice John Marshall. Numerous treaties,
statutes, constitutional provisions, and international laws
have reconfirmed this relationship. Principal among these is
the Snyder Act of 1921, which provides the basic authority for
most Indian health services provided by the Federal government
to American Indians and Alaska Natives (AI/AN). The Indian
Health Service (IHS) provides direct health care services in 28
hospitals, 61 health centers, three school health centers, and
34 health stations. Tribes and Tribal groups, through contracts
and compacts with the IHS, operate 17 hospitals, 249 health
centers, six school health centers, and 70 health stations
(including 164 Alaska Native village clinics).
INDIAN HEALTH SERVICES
Appropriation enacted, 2017........................... $3,694,462,000
Budget estimate, 2018................................. 3,574,365,000
Recommended, 2018..................................... 3,867,260,000
Comparison:
Appropriation, 2017............................... +172,798,000
Budget estimate, 2018............................. +292,895,000
The Committee recommends $3,867,260,000 for Indian Health
Services. All proposed cuts are restored and IHS is expected to
continue all programs at fiscal year 2017 enacted levels except
as otherwise discussed below and summarized in the table at the
end of this report.
Current Services.--The recommendation includes an increase
of $23,543,000 above the fiscal year 2017 enacted level to
cover estimated pay cost increases.
Indian Health Care Improvement Fund.--The recommendation
includes $130,000,000 for the Indian Health Care Improvement
Fund in order to reduce health care disparities across the IHS
system.
Staffing for New Facilities.--The recommendation includes
$17,978,000 for the staffing of newly opened health facilities,
as requested. Funds for the staffing of new facilities are
limited to facilities funded through the Health Care Facilities
Construction Priority System or the Joint Venture Construction
Program that have opened in fiscal year 2017 or will open in
fiscal year 2018. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status.
Accreditation Emergencies.--The Committee considers the
loss or potential loss of a Medicare or Medicaid agreement with
the Centers for Medicare and Medicaid Services (CMS) at any
facility to be an accreditation emergency. The recommendation
includes a total of $29,000,000 for accreditation emergencies
at an alarming number of facilities over the past year. Funds
may be used for personnel or other expenses essential for
sustaining operations of an affected service unit, including
but not to exceed $4,000,000 for Purchased/Referred Care. These
are not intended to be recurring base funds. The Director
should reallocate the funds annually as necessary to ensure
that agreements with CMS are reinstated, and to restore third-
party collection shortfalls. Shortfalls should be calculated
relative to a baseline, which should be the average of the
collections in each of the two fiscal years preceding the year
in which an agreement with CMS was terminated or put on notice
of termination.
Domestic Violence Prevention Program.--The recommendation
includes $12,967,278 for the Domestic Violence Prevention
Program, equal to the fiscal year 2017 enacted level.
Prescription Drug Monitoring.--The recommendation includes
$1,000,000 for Prescription Drug Monitoring, equal to the
fiscal year 2017 enacted level.
Village Built Clinics.--The recommendation includes
$11,000,000 for the village built clinics leasing program,
equal to the fiscal year 2017 enacted level.
Dental Health.--The recommendation includes $185,920,000
for Dental Health, $6,169,000 above the budget request and
$3,323,000 above the fiscal year 2017 enacted level. The
Service is encouraged to coordinate with the Bureau of Indian
Education (BIE) to integrate preventive dental care at schools
within the BIE system.
The Committee has recognized for many years the dire need
to increase oral health care to American Indians/Alaska
Natives. Because of funding increases, an additional 263,565
dental services were provided in fiscal year 2016. However, the
demand for dental treatment remains overwhelming due to the
high incidence of dental caries (cavities) in AI/AN children.
Over 80 percent of AI/AN children ages 6-9 and 13-15 years
suffer from dental caries, while less than 50 percent of the
U.S. population in the same age cohort have experienced tooth
decay. The Committee recognizes that more needs to be done to
fully address the need for oral health care.
Purchased/Referred Care (formerly Contract Health
Services).--The recommendation includes $928,830,000 for
Purchased/Referred Care (PRC), equal to the fiscal year 2017
enacted level. The Committee remains concerned about the
inequitable distribution of funds as reported by the Government
Accountability Office (GAO-12-446).
The IHS is encouraged to evaluate the feasibility of
entering into reimbursable agreements with Federal health
facilities outside of the IHS system for patient referrals.
Such agreements should be considered only when such referrals
save costs and patient travel times relative to referrals to
the nearest non-Federal health facilities, and when such
referrals do not significantly increase patient wait times at
such Federal facilities.
Urban Indian Health.--The recommendation includes
$47,943,000 for Urban Indian Health, $3,202,000 above the
budget request. IHS is expected to continue to include current
services estimates for Urban Indian Health in future budget
requests.
Seven out of ten American Indians/Alaska Natives live in
urban centers and receive vital culturally appropriate health
services from urban Indian health organizations. As such, many
Indian veterans obtain their health care services from these
organizations. Currently the Veterans' Administration (VA) and
the Indian Health Service are operating under a memorandum of
understanding (MOU) which is effective through June 30, 2019.
Under this agreement, VA reimburses care provided to Indian
veterans at IHS facilities and Tribal health programs.
The MOU recognizes the importance of a coordinated and
cohesive effort on a national scope to meet the needs of
individual tribes, villages, islands, and communities, through
VA, IHS, Tribal and Urban Indian health programs; however, to
date, there has not been equitable reimbursement for the
culturally appropriate services provided to Native individuals,
including Native veterans.
This year, House Report 115-188 accompanying the fiscal
year 2018 Military Construction, Veterans' Administration, and
Related Agencies Appropriation bill included a directive
requiring the VA to prepare a report for the Appropriations
Committee examining the impact of Indian veterans receiving
health services at urban clinics and the annual estimated cost
differential for VA to reimburse IHS rather than provide
services directly in these urban areas. The report is also to
estimate the capacity of Indian urban clinics to treat
increased Indian veteran caseloads and include any data
supporting the use of the higher negotiated reimbursement rate
in urban settings versus rural areas. The report is due 90 days
after enactment of the Act, and the Committee directs IHS to
work with the VA to complete this report.
Indian Health Professions.--The recommendation includes
$49,363,000 for Indian Health Professions, $6,021,000 above the
budget request. The American Indians into Psychology Program is
continued at not less than $715,077.
Loan repayment has proven to be the Service's best
recruitment tool for staffing health professionals. The
Committee was dismayed to learn that the Service has three
thousand vacancies for health professionals. Overall, this is a
vacancy rate of 20 percent, with a physician shortage rate of
30 percent and a dentist rate of 18 percent. The Committee has
included $49,363,000 to better enable the Service to recruit
and retain health providers. The Service is urged to consider
making health administrators a higher priority for loan
repayments, in consultation with Tribes.
Governing Boards.--The accreditation crisis in the Great
Plains and the subsequent House provision have highlighted the
need for IHS facilities to be significantly more inclusive of
Tribes in the decision-making process. The Committees on
Appropriations are encouraged by the IHS's own recent
initiative to reform its governing boards, but reforms are
limited under existing statutes. The Committees are aware that
the authorizing committees of jurisdiction are examining this
issue and support these efforts to improve the communication
and collaboration between the IHS and Tribes at direct service
facilities.
Indian Health Care Improvement Act.--It has been over six
years since the permanent reauthorization of the Indian Health
Care Improvement Act (IHCIA), yet many of the provisions in the
law remain unfunded. Tribes have specifically requested that
priority areas for funding focus on diabetes treatment and
prevention, behavioral health, and health professions. The
Committee requests that the Service provide, no later than 90
days after the date of enactment of this Act, a detailed plan
with specific dollars identified to fully fund and implement
the IHCIA.
Reimbursable Funding.--The Committee directs the Service to
report, within 180 days of enactment of this Act, on patient
population and service growth over the past ten years and the
funding sources used to provide for these medical services. The
IHS is to include a breakdown, by dollar amount and percentage,
of funding sources which supplement appropriated dollars to
cover the provision of medical services at IHS operated and
tribally contracted and compacted facilities. The Committee is
interested in detailed information on whether medical services
have been able to expand over this time period as a result of
increases in the ability to charge medical services to
supplementary funding sources. As a point of comparison, and to
the extent possible, the Service shall compare these impacts
across the twelve IHS areas, with the degree to which patient
populations services in the respective states has increased.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2017........................... $800,000,000
Budget estimate, 2018................................. 717,970,000
Recommended, 2018..................................... 717,970,000
Comparison:
Appropriation, 2017............................... -82,030,000
Budget estimate, 2018............................. 0
The Committee recommends an indefinite appropriation
estimated to be $717,970,000 for contract support costs
incurred by the agency as required by law. The bill includes
language making available for two years such sums as are
necessary to meet the Federal government's full legal
obligation, and prohibiting the transfer of funds to any other
account for any other purpose.
INDIAN HEALTH FACILITIES
Appropriation enacted, 2017........................... $545,424,000
Budget estimate, 2018................................. 446,956,000
Recommended, 2018..................................... 551,643,000
Comparison:
Appropriation, 2017............................... +6,219,000
Budget estimate, 2018............................. +104,687,000
The Committee recommends $551,643,000 for Indian Health
Facilities, $6,219,000 above the fiscal year 2017 enacted level
and $104,687,000 above the budget request. All proposed cuts
are restored and IHS is expected to continue all programs at
fiscal year 2017 enacted levels except as otherwise discussed
below and summarized in the table at the end of this report.
Staffing for New Facilities.--The recommendation includes
$2,022,000 for the staffing of newly opened health facilities.
The stipulations included in the Indian Health Services account
regarding the allocation of funds pertain to this account as
well.
Current Services.--The recommendation includes an increase
of $2,440,000 above the fiscal year 2017 enacted level to cover
estimated pay cost increases.
Indian Health Care Improvement Fund.--The bill includes
language allowing funds in the Indian Health Care Improvement
Fund to be used for activities in the Facilities account.
Health Care Facilities Construction.--The recommendation
includes $117,991,000 for health care facilities construction,
$17,991,000 above the budget request and equal to the fiscal
year 2017 enacted level.
The Committee remains dedicated to providing access to
health care for IHS patients across the system. The IHS is
expected to aggressively work down the current Health
Facilities Construction Priority System list, as well as work
with the Department and Tribes to examine alternative financing
arrangements and meritorious regional demonstration projects
authorized under the Indian Health Care Improvement Act that
that would effectively close the service gap. Within 60 days of
enactment of this Act, the Service shall submit a spending plan
to the Committees on Appropriations that details the project-
level distribution of funds provided for healthcare facilities
construction.
The IHS has no defined benefit package and is not designed
to be comparable to the private sector health care system. IHS
does not provide the same health services in each area. Health
services provided to a community depend upon the facilities and
services available in the local area, the facilities' financial
and personnel resources (42 CFR 136.11 (c)), and the needs of
the service population. In order to determine whether IHS
patients across the system have comparable access to
healthcare, the IHS is directed to conduct and publish a gap
analysis of the locations and capacities of patient health
facilities relative to the IHS user population. The analysis
should include: facilities within the IHS system, including
facilities on the Health Facilities Construction Priority
System list and the Joint Venture Construction Program list;
and where possible facilities within private or other Federal
health systems for which arrangements with IHS exist, or should
exist, to see IHS patients.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The National Institute of Environmental Health Sciences, an
agency within the National Institutes of Health, was authorized
in section 311(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 and in section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986 to
conduct certain research and worker training activities
associated with the Nation's Hazardous Substance Superfund
program.
Appropriation enacted, 2017........................... $77,349,000
Budget estimate, 2018................................. 59,607,000
Recommended, 2018..................................... 75,370,000
Comparison:
Appropriation, 2017............................... -1,979,000
Budget estimate, 2018............................. +15,763,000
The Committee recommends $75,370,000 for the National
Institute of Environmental Health Sciences, $1,979,000 below
the fiscal year 2017 enacted level and $15,763,000 above the
budget request.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The Agency for Toxic Substances and Disease Registry
(ATSDR), an agency in the Department of Health and Human
Services, was created in section 104(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980. The Agency's mission is to serve the public
through responsive public health actions to promote healthy and
safe environments and prevent harmful toxic exposures. ATSDR
assesses hazardous exposures in communities near toxic waste
sites and advises the Environmental Protection Agency (EPA) and
other government agencies, community groups and industry
partners on actions needed to protect people's health. In
addition, ATSDR conducts toxicological and applied research to
support environmental assessments, supports health surveillance
systems and registries, develops and disseminates information
on hazardous substances, provides education and training on
hazardous exposures, and responds to environmental emergencies.
Through a national network of scientists and public health
practitioners in State health departments, regional EPA offices
and headquarters, ATSDR helps to protect people from acute
toxic exposures that occur from hazardous leaks and spills,
environment-related poisonings, and natural and terrorism-
related disasters.
Appropriation enacted, 2017........................... $74,961,000
Budget estimate, 2018................................. 62,000,000
Recommended, 2018..................................... 72,780,000
Comparison:
Appropriation, 2017............................... -1,911,000
Budget estimate, 2018............................. +10,780,000
The Committee recommends $72,780,000 for the Agency for
Toxic Substances and Disease Registry, $1,911,000 below the
fiscal year 2017 level and $10,780,000 above the budget
request.
OTHER RELATED AGENCIES
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The Council on Environmental Quality (CEQ) was established
by Congress under the National Environmental Policy Act of 1969
(NEPA). The Office of Environmental Quality (OEQ), which
provides professional and administrative staff for the Council,
was established in the Environmental Quality Improvement Act of
1970. The Council on Environmental Quality has statutory
responsibility for overseeing Federal agency implementation of
the requirements of NEPA. CEQ also assists in coordinating
environmental programs among the Federal agencies in the
Executive Branch.
Appropriation enacted, 2017........................... $3,000,000
Budget estimate, 2018................................. 2,994,000
Recommended, 2018..................................... 2,994,000
Comparison:
Appropriation, 2017............................... -6,000
Budget estimate, 2018............................. 0
The Committee recommends $2,994,000 for the Council on
Environmental Quality and Office of Environmental Quality,
$6,000 below the fiscal year 2017 enacted level and equal to
the budget request.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The Chemical Safety and Hazard Investigation Board (CSB) is
an independent Federal agency charged with investigating
industrial chemical accidents. The board members are appointed
by the President and confirmed by the Senate. The CSB conducts
root-cause investigations of chemical accidents at fixed
industrial facilities. Root causes are usually deficiencies in
safety management systems, but can be any factor that would
have prevented the accident if that factor had not occurred.
Other accident causes often involve equipment failures, human
errors, unforeseen chemical reactions or other hazards. CSB
does not issue fines or citations, but does make
recommendations to plants, regulatory agencies such as the
Occupational Safety and Health Administration and the
Environmental Protection Agency, industry organizations, and
labor groups. Congress designed the CSB to be non-regulatory
and independent of other agencies so that its investigations
might, where appropriate, review the effectiveness of
regulations and regulatory enforcement.
Appropriation enacted, 2017........................... $11,000,000
Budget estimate, 2018................................. 9,420,000
Recommended, 2018..................................... 11,000,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +1,580,000
The bill provides $11,000,000 for Salaries and Expenses of
the Chemical Safety and Hazard Investigation Board. The Board
has the important responsibility of independently investigating
industrial chemical accidents and collaborating with industry
and professional organizations to share safety lessons that can
prevent catastrophic incidents and the Committee expects this
work to continue.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Office of Navajo and Hopi Indian Relocation was
established by Public Law 93-531 to plan and conduct relocation
activities associated with the settlement of a land dispute
between the Navajo Nation and the Hopi Tribe.
Appropriation enacted, 2017........................... $15,431,000
Budget estimate, 2018................................. 14,970,000
Recommended, 2018..................................... 15,431,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +461,000
The Committee recommends $15,431,000 for the Office of
Navajo and Hopi Indian Relocation (Office), equal to the fiscal
year 2017 enacted level. Of this amount, $200,000 shall be
transferred to the Inspector General of the Department of the
Interior for continued oversight of planning, transition, and
closure of the Office.
The Committee has directed the Office to begin to
communicate with Congress, the affected Tribes, and the
Department of the Interior about what will be required to
ensure relocation benefits and necessary support services are
provided in accordance with the specifications in Public Law
93-531 and to initiate closure of the Office. The Committee
requests continuation of the quarterly reports and a
comprehensive plan for closing the Office, as outlined in House
Report 114-632. Legal analysis on whether any enacting
legislation is required to transfer or maintain any identified
functions to another agency or organization should also be
included. The Office should be transparent about the path
forward and should actively consult with all affected parties
and agencies.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
Appropriation enacted, 2017........................... $15,212,000
Budget estimate, 2018................................. 11,596,000
Recommended, 2018..................................... 9,835,000
Comparison:
Appropriation, 2017............................... -5,377,000
Budget estimate, 2018............................. -1,761,000
The Committee recommends $9,835,000 in direct
appropriations for the Institute of American Indian and Alaska
Native Culture and Arts Development. The Committee notes that
the budget request failed to account for a one-time funding
increase in fiscal year 2017 to put the Institute's budget on a
school year cycle instead of a fiscal year cycle. The total
operating level appropriated in fiscal year 2017 for the
Institute was $9,835,000. The Committee recommends the same
amount for 2018.
SMITHSONIAN INSTITUTION
The Smithsonian Institution is the world's largest museum
and research complex, with 19 museums and galleries, numerous
research centers, libraries, archives, and the National
Zoological Park. Funded by both private and Federal sources,
the Smithsonian is unique in the Federal establishment. Created
by an Act of Congress in 1846 to carry out the trust included
in James Smithson's will, it has been engaged for 171 years in
the ``increase and diffusion of knowledge.'' Last year, the
Smithsonian attracted over 29 million visits to its museums,
galleries, and zoological park. Additional millions also view
Smithsonian traveling exhibitions and participate in the annual
Folklife Festival on the National Mall. As custodian of the
National Collections, the Smithsonian is responsible for more
than 156 million art objects, natural history specimens, and
artifacts. These scientific and cultural collections are a
vital resource for global research and conservation efforts.
The collections are displayed for the enjoyment and education
of visitors and are available for research by the staff of the
Institution and by thousands of visiting students, scientists,
and historians each year.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $729,444,000
Budget estimate, 2018................................. 719,000,000
Recommended, 2018..................................... 716,600,000
Comparison:
Appropriation, 2017............................... -12,844,000
Budget estimate, 2018............................. -2,400,000
The Committee recommends $716,600,000 for Salaries and
Expenses of the Smithsonian Institution, $12,844,000 below the
fiscal year 2017 enacted level and $2,400,000 below the budget
request.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Collections Care.--The Committee maintains its longstanding
commitment to the preservation of priceless, irreplaceable
Smithsonian Institution collections and has provided funds for
the collections care initiative. The Committee is pleased with
continuing efforts to improve the long-term inventory,
preservation, and storage of historical collections.
National Museum of African American History and Culture.--
The Committee maintains its longstanding support of the
National Museum of African American History and Culture
(NMAAHC). The Committee has provided funds for museum
maintenance, facility operations, and security, as requested.
Latino Programs, Exhibitions, Collections and Public
Outreach.--The Committee supports the Smithsonian Latino
Center's goal of promoting the inclusion of Latino
contributions in Smithsonian Institution programs, exhibitions,
collections and public outreach. The Committee urges
collaboration among interested parties to advance these goals
more fully by utilizing existing Smithsonian Institution museum
locations for the expansion of the Smithsonian Latino Center's
programming, exhibition and collection space. The Committee has
provided funds, as requested, to support the Institution's
Latino initiatives.
Asian Pacific American Initiatives and Outreach.--The
Smithsonian is directed to continue its efforts, at the fiscal
year 2017 enacted funding level, toward developing programs and
expanding outreach to promote a better understanding of the
Asian Pacific American experience.
Historical flag collection.--The Committee is aware that
the Smithsonian Institution may have the potential opportunity
to acquire a rare, historically significant private collection
of American flags and ephemera that would substantially enhance
the Museum's permanent collection. The Committee understands
that the Smithsonian is not currently seeking Congressional
funding for this acquisition and encourages private/public
partnerships that would be beneficial to the Smithsonian's
effort to acquire these flags and artifacts that are of
significant educational value and reflect our Nation's history.
FACILITIES CAPITAL
Appropriation enacted, 2017........................... $133,903,000
Budget estimate, 2018................................. 228,000,000
Recommended, 2018..................................... 168,500,000
Comparison:
Appropriation, 2017............................... +34,597,000
Budget estimate, 2018............................. -59,500,000
The Committee recommends $168,500,000 for the Facilities
Capital account, $34,597,000 above the fiscal year 2017 enacted
level.
The recommendation includes funding as requested to
complete construction of the Dulles Storage Module at the
National Air and Space Museum's Udvar-Hazy Center. This
critical addition of collections storage space at the
Smithsonian's Dulles site will establish a permanent facility
to gather collections from the antiquated buildings at the
Garber facility in Suitland, Maryland, which are being phased
out after 60 years of service. In the near term, this storage
module will serve the Smithsonian's immediate need for
temporary collections swing space during the National Air and
Space Museum's Revitalization Project, and will provide
critically needed collections consolidation space for the
Institution's long-term storage needs.
The Committee supports revitalization of Smithsonian
Institution facilities and the planning and design of future
projects. Within funds provided, the Committee urges the
Smithsonian to support the highest priority projects on the
Facilities Capital Program list, including the multi-year
revitalization of the National Air and Space Museum (NASM),
scheduled to begin in fiscal year 2018.
The NASM faces mechanical, structural, and security
challenges that necessitate action to ensure the facility's
long-term viability. The NASM is the most visited museum in the
United States and second most visited museum in the world with
between seven and eight million visitors annually. The
Committee remains concerned, however, that the multi-year cost-
estimates for the project exceed $600 million.
Given the scope and scale of this effort, this project is
likely to place additional pressure on Smithsonian annual
budgets for the foreseeable future. The Committee urges the
Smithsonian to evaluate potential partnership and philanthropic
opportunities that may provide additional non-Federal sources
of funding to assist in offsetting the costs of this and other
revitalization projects.
NATIONAL GALLERY OF ART
The National Gallery of Art is one of the world's great
galleries. Its magnificent works of art, displayed for the
benefit of millions of visitors annually, and its two iconic
buildings and sculpture garden, serve as an example of a
successful cooperative endeavor between private individuals and
institutions and the Federal government. With the special
exhibitions shown in the Gallery, and through the many
exhibitions which travel across the country, the Gallery brings
great art treasures to Washington, DC, and to the Nation.
Through its educational and teacher training programs and its
website, the Gallery provides art history materials, rich
online educational materials, direct loans, and broadcast
programs to millions of Americans in every State.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $132,961,000
Budget estimate, 2018................................. 130,000,000
Recommended, 2018..................................... 132,961,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +2,961,000
The Committee recommends $132,961,000 for Salaries and
Expenses of the National Gallery of Art, equal to the fiscal
year 2017 enacted level and $2,961,000 above the budget
request.
Bill Language.--The Committee has included bill language
specifying the amount provided for Special Exhibitions.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
Appropriation enacted, 2017........................... $22,564,000
Budget estimate, 2018................................. 17,000,000
Recommended, 2018..................................... 22,564,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +5,564,000
The Committee recommends $22,564,000 for Repair,
Restoration and Renovation of buildings at the National Gallery
of Art, equal to the fiscal year 2017 enacted level and
$5,564,000 above the budget request.
Bill Language.--The Committee has included bill language,
as requested, relating to lease agreements of no more than 10
years that addresses space needs created by ongoing renovations
in the Master Facilities Plan.
John F. Kennedy Center for the Performing Arts
The John F. Kennedy Center for the Performing Arts is a
living memorial to the late President Kennedy and is the
National Center for the Performing Arts. The Center houses nine
stages and seven theaters which have a total of more than 7,300
seats. The Center consists of over 1.5 million square feet of
usable floor space with visitation averaging 8,000 on a daily
basis. The support systems in the building often operate at
capacity 18 hours a day, seven days a week, 365 days a year.
OPERATIONS AND MAINTENANCE
Appropriation enacted, 2017........................... $22,260,000
Budget estimate, 2018................................. 23,740,000
Recommended, 2018..................................... 23,740,000
Comparison:
Appropriation, 2017............................... +1,480,000
Budget estimate, 2018............................. 0
The Committee recommends $23,740,000 for Operations and
Maintenance, as requested.
CAPITAL REPAIR AND RESTORATION
Appropriation enacted, 2017........................... $14,140,000
Budget estimate, 2018................................. 13,000,000
Recommended, 2018..................................... 13,000,000
Comparison:
Appropriation, 2017............................... -1,140,000
Budget estimate, 2018............................. 0
The Committee recommends $13,000,000 for Capital Repair and
Restoration, as requested.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The Woodrow Wilson International Center for Scholars
promotes policy-relevant research and dialogue to increase
understanding and enhance the capabilities and knowledge of
leaders, citizens, and institutions worldwide. The Center hosts
scholars and policy makers to do their own advanced study,
research and writing and facilitates debate and discussions
among scholars, public officials, journalists and business
leaders from across the country on relevant, major long-term
issues facing this Nation and the world.
Appropriation enacted, 2017........................... $10,500,000
Budget estimate, 2018................................. 7,474,000
Recommended, 2018..................................... 10,000,000
Comparison:
Appropriation, 2017............................... -500,000
Budget estimate, 2018............................. +2,526,000
The Committee recommends $10,000,000 for Salaries and
Expenses of the Woodrow Wilson International Center for
Scholars, $500,000 below the fiscal year 2017 enacted level and
$2,526,000 above the budget request.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Appropriation enacted, 2017........................... $149,849,000
Budget estimate, 2018................................. 29,019,000
Recommended, 2018..................................... 145,000,000
Comparison:
Appropriation, 2017............................... -4,849,000
Budget estimate, 2018............................. +115,981,000
The Committee recommends $145,000,000 for the National
Endowment for the Arts (NEA), $4,849,000 below the fiscal year
2017 enacted level and $115,981,000 above the budget request.
The Committee notes the broad bipartisan support of the NEA
in commending the NEA's participation in the National
Initiative for Arts & Health in the Military. This
collaborative effort involving Federal agencies, the military,
and nonprofit and private sector partners is working to advance
the policy, research, and practice of arts therapy for military
veterans and their families. Through the innovative program,
``Creative Forces: NEA Military Healing Arts Network,'' the NEA
is partnering with the Departments of Defense and Veterans
Affairs to place creative arts therapies at the core of
patient-centered care and increase access to therapeutic arts
activities in local communities.
The Committee commends the NEA for its ongoing
collaboration with the National Intrepid Center of Excellence
at Walter Reed National Military Medical Center. Since 2011,
this unique partnership has supported creative and innovative
arts therapies for service members. In 2013, this collaborative
relationship expanded to bring Creative Arts Therapies to
military patients at the Fort Belvoir Community Hospital Brain
Injury Clinic in Virginia to evaluate the potential health
benefits of creative arts therapy interventions for service
members with Traumatic Brain Injury and Post Traumatic Stress.
Today, the NEA is engaged in this transformative approach to
healing at 11 clinical sites across the country.
The Committee values greatly the longstanding collaborative
relationship between the NEA and the States. State Arts
Agencies support the arts for communities at the grassroots
level regardless of their geographic location, providing much
of their funding to smaller organizations, community groups,
and schools.
The Committee remains committed to supporting proven
national initiatives with broad geographic reach. The Big Read,
Challenge America, and Shakespeare in American Communities are
among the cost-effective grant programs with broad, bipartisan
congressional support that meet these criteria, supporting the
NEA's goal of extending the arts to underserved populations in
both urban and rural communities across the United States.
Bill Language.--Each year, the Committee provides in bill
language specific guidelines under which the Endowment is
directed to distribute taxpayer dollars in support of the arts.
With the exception of established honorific programs, grant
funding to individual artists is strictly prohibited. The
Committee directs that priority be given to providing services
or grant funding for projects, productions, or programs that
encourage public knowledge, education, understanding, and
appreciation of the arts. Any reduction in support to the
States for arts education should be no more than proportional
to other funding decreases taken in other NEA programs.
Reforms originally instituted by the Committee in P.L. 108-
447 relating to grant guidelines and program priorities are
fully restated in Sections 413 and 414 of the bill. The
Committee expects the NEA to adhere to them fully. These
reforms maintain broad bipartisan support and continue to serve
well both the NEA and the public.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION (INCLUDING MATCHING GRANTS)
Appropriation enacted, 2017........................... $149,848,000
Budget estimate, 2018................................. 42,307,000
Recommended, 2018..................................... 145,000,000
Comparison:
Appropriation, 2017............................... -4,848,000
Budget estimate, 2018............................. +102,693,000
The Committee recommends a total of $145,000,000 for the
National Endowment for the Humanities (NEH), $4,848,000 below
the fiscal year 2017 enacted level and $102,693,000 above the
budget request.
The Committee notes the broad bipartisan support of the NEH
in commending the NEH for its support of grant programs to
benefit wounded warriors and to ensure educational
opportunities for veterans and service members transitioning to
civilian life. In partnership with NEH, State humanities
councils have developed and delivered local programs that
support veterans, their families and caregivers. The Committee
encourages the NEH to fully support efforts to connect the
humanities to the experience of veterans and provide
educational opportunities to these American heroes.
The Committee commends the NEH for its ongoing support to
American Indian and Alaska Native communities in preserving
their cultural and linguistic heritage through the Documenting
Endangered Languages program and a variety of preservation and
access grants that enable American Indian and Alaska Native
communities to preserve cultural artifacts and make them
broadly accessible. It also commends the NEH for providing
educational opportunities to Tribal communities through the
Humanities Initiatives at Tribal Colleges and Universities
program.
The Committee commends the NEH Federal/State Partnership
for its ongoing, successful collaboration with State humanities
councils in each of the 50 states as well as Washington, DC,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and American
Samoa. The Committee recognizes the State humanities councils
for the scope and reach of public humanities programming in
Congressional districts across the nation, which serve rural
areas, promote family literacy, and support cultural tourism
that contributes to local economies. Every NEH dollar received
by a council is matched by a local contribution. In recent
years, the proportion of NEH program funds supporting the work
of State humanities councils has grown to nearly 40 percent.
The Committee urges the NEH to provide program funding to
support the work of State humanities councils consistent with
the guidance provided in the Consolidated Appropriations Act,
2017.
Commission of Fine Arts
The Commission of Fine Arts was established in 1910 to
advise the government on matters pertaining to the design of
national symbols, and particularly to guide the architectural
development of Washington, DC. The Commission's work includes
advice on designs for parks, public buildings, public art, as
well as the design of national monuments, coins and medals, and
overseas American military cemeteries. In addition, the
Commission conducts design reviews of semipublic and private
structures within the Old Georgetown Historic District and
within certain areas of the National Capital that are adjacent
to areas of Federal interest. The Commission reviews
approximately 750 projects annually. The Commission also
administers the National Capital Arts and Cultural Affairs
program.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $2,762,000
Budget estimate, 2018................................. 2,600,000
Recommended, 2018..................................... 2,600,000
Comparison:
Appropriation, 2017............................... -162,000
Budget estimate, 2018............................. 0
The Committee recommends $2,600,000 for Salaries and
Expenses of the Commission of Fine Arts, $162,000 below the
fiscal year 2017 enacted level and equal to the budget request.
National Capital Arts and Cultural Affairs
Appropriation enacted, 2017........................... $2,000,000
Budget Estimate, 2018................................. 0
Recommended, 2018..................................... 2,000,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +2,000,000
The National Capital Arts and Cultural Affairs (NCACA)
program was established in Public Law 99-190 to support
organizations that perform, exhibit, and/or present the arts in
the Nation's Capital. NCACA provides grants to support Ford's
Theater, the National Symphony Orchestra, the National Museum
of Women in the Arts, and other arts organizations. The
Committee recommends $2,000,000, equal to the fiscal year 2017
enacted level.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The National Historic Preservation Act of 1966 established
the Advisory Council on Historic Preservation (ACHP). The ACHP
was granted permanent authorization as part of the National
Historic Preservation Act Amendments of 2006 (Public Law 109-
453). The ACHP promotes the preservation, enhancement, and
productive use of our Nation's historic resources and advises
the President and Congress on national historic preservation
policy.
Appropriation enacted, 2017........................... $6,493,000
Budget estimate, 2018................................. 6,400,000
Recommended, 2018..................................... 6,400,000
Comparison:
Appropriation, 2017............................... -93,000
Budget estimate, 2018............................. 0
The Committee recommends $6,400,000 for Salaries and
Expenses of the Advisory Council on Historic Preservation
(ACHP), $93,000 below the fiscal year 2017 enacted level and
equal to the budget request.
National Capital Planning Commission
SALARIES AND EXPENSES
The National Capital Planning Act of 1952 designated the
National Capital Planning Commission as the central planning
agency for the Federal government in the National Capital
Region. The three major functions of the Commission are to
prepare and adopt the Federal elements of the National Capital
Comprehensive Plan; prepare an annual report on a five-year
projection of the Federal Capital Improvement Program; and
review plans and proposals submitted to the Commission.
Appropriation enacted, 2017........................... $8,099,000
Budget estimate, 2018................................. 7,948,000
Recommended, 2018..................................... 7,948,000
Comparison:
Appropriation, 2017............................... -151,000
Budget estimate, 2018............................. 0
The Committee recommends $7,948,000 for Salaries and
Expenses of the National Capital Planning Commission, $151,000
below the fiscal year 2017 enacted level and equal to the
budget request.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
In 1980, Congress passed legislation creating a 65-member
Holocaust Memorial Council with the mandate to create and
oversee a living memorial/museum to victims of the Holocaust.
The museum opened in April 1993. Construction costs for the
museum came solely from donated funds raised by the U.S.
Holocaust Memorial Museum Campaign, and appropriated funds were
used for planning and development of programmatic components,
overall administrative support, and annual commemorative
observances. Since the opening of the museum, appropriated
funds have been provided to pay for the ongoing operating costs
of the museum as authorized by Public Law 102-529 and Public
Law 106-292. Private funds support educational outreach
throughout the United States.
Appropriation enacted, 2017........................... $57,000,000
Budget estimate, 2018................................. 54,000,000
Recommended, 2018..................................... 57,000,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. +3,000,000
The Committee recommends $57,000,000 for the Holocaust
Memorial Museum, equal to the fiscal year 2017 enacted level
and $3,000,000 above the budget request.
Dwight D. Eisenhower Memorial Commission
The Dwight D. Eisenhower Memorial Commission was created by
Congress in 1999 through Public Law 106-79 for the purpose of
establishing a permanent national memorial to Dwight D.
Eisenhower, Supreme Commander of the Allied Forces in Europe in
World War II and 34th President of the United States. The
Commission consists of 12 members, four members of the House of
Representatives, four Senators, and four private citizens
appointed by the President.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $1,600,000
Budget estimate, 2018................................. 1,800,000
Recommended, 2018..................................... 1,600,000
Comparison:
Appropriation, 2017............................... 0
Budget estimate, 2018............................. -200,000
The bill includes $1,600,000 for the Salaries and Expenses
account, equal to the fiscal year 2017 enacted level. The
Committee supports the construction of a permanent memorial to
Dwight D. Eisenhower. It is the Committee's understanding that
groundbreaking for the memorial will occur later this year
following necessary approvals from the Commission of Fine Arts
and the National Capital Planning Commission. The bill includes
language in Section 419 of Title IV General Provisions
extending the memorial's site authority.
CAPITAL CONSTRUCTION
Appropriation enacted, 2017........................... $45,000,000
Budget estimate, 2018................................. 85,000,000
Recommended, 2018..................................... 15,000,000
Comparison:
Appropriation, 2017............................... -30,000,000
Budget estimate, 2018............................. -70,000,000
The bill includes $15,000,000 for the Capital Construction
account. The fiscal year 2018 budget request was developed
prior to the enactment of the fiscal year 2017 budget which
provided $45,000,000 toward construction of the memorial. When
combined with prior year unobligated balances in the
construction account, funds provided in fiscal year 2017 and in
this bill, will allow significant progress to be made on the
memorial when construction commences later this year.
Women's Suffrage Centennial Commission
The Women's Suffrage Centennial Commission was established
by Congress in 2017 in the Consolidated Appropriations Act,
2017, P.L. 115-31. The purpose of the commission is to study
and make recommendations for the national commemoration of the
ratification of the 19th amendment to the U.S. Constitution on
August 18, 1920, that guaranteed women the right to vote.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $2,000,000
Budget estimate, 2018................................. 0
Recommended, 2018..................................... 1,000,000
Comparison:
Appropriation, 2017............................... -1,000,000
Budget estimate, 2018............................. +1,000,000
The bill provides $1,000,000 for the salaries and expenses
of the Women's Suffrage Centennial Commission. The Committee
looks forward to the appointment of the members of the
commission and receiving additional information on its plans
for the commemoration of the 19th amendment to the U.S.
Constitution.
World War I Centennial Commission
The U.S. World War I Centennial Commission was created by
an Act of Congress in 2013 as an independent agency of the
Legislative Branch of the United States government. Members of
the 12-member Commission were appointed by the President and
the leaders of the Senate and the House of Representatives, as
well as the American Legion, the Veterans of Foreign Wars, and
the National World War I Museum. The Commission's mission is to
plan, develop, and execute programs, projects and activities to
commemorate the Centennial of World War I.
SALARIES AND EXPENSES
Appropriation enacted, 2017........................... $0
Budget estimate, 2018................................. 7,000,000
Recommended, 2018..................................... 3,000,000
Comparison:
Appropriation, 2017............................... +3,000,000
Budget estimate, 2018............................. -4,000,000
The bill provides $3,000,000 for salaries and expenses of
the World War I Centennial Commission, and bill language as
requested.
TITLE IV--GENERAL PROVISIONS
Section 401 continues a provision prohibiting activities to
promote public support or opposition to legislative proposals.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committee on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands; permits processing of grandfathered
applications; and permits third-party contractors to process
grandfathered applications.
Section 405 continues a provision regarding the payment of
contract support costs for prior fiscal years.
Section 406 addresses the payment of contract support costs
for fiscal year 2018.
Section 407 continues a provision allowing Forest Service
land management plans to be more than 15 years old if the
Secretary is acting in good faith to update such plans and
prohibiting the use of funds to implement new wilderness
directives under the planning rule.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 continues a provision which restricts funding
for acquisition of land from being used for declarations of
taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaskan western red cedar.
Section 411 continues a provision which prohibits no-bid
contracts and grants except under certain circumstances.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 continues a provision requiring the Department
of the Interior, the EPA, the Forest Service, and the Indian
Health Service to provide the Committees on Appropriations a
quarterly report on the status of balances of appropriations.
Section 416 provides a one-year extension of the current
recreation fee authority.
Section 417 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 418 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 419 continues a provision from the Consolidated
Appropriations Act, 2017 modifying authorities relating to the
Dwight D. Eisenhower Memorial Commission.
Section 420 prohibits the use of funds to regulate the lead
content of ammunition or fishing tackle.
Section 421 continues a provision through fiscal year 2019
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 422 extends the authorization for the Chesapeake
Bay Initiative.
Section 423 extends certain authorities through fiscal year
2018 allowing the Forest Service to renew grazing permits.
Section 424 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block pornography websites.
Section 425 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 426 sets requirement for the use of American iron
and steel for certain loans and grants.
Section 427 continues the prohibition on the use of funds
to destroy any building or structures on Midway Island that
have been recommended by the U.S. Navy for inclusion in the
National Register of Historic Places.
Section 428 addresses carbon emissions from forest biomass.
Section 429 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 430 prohibits the use of funds to require permits
for the discharge of dredged or fill material for certain
agricultural activities.
Section 431 addresses the Waters of the United States rule.
Section 432 addresses the implementation of national
ambient air quality standards for ozone.
Section 433 prohibits the use of funds to finalize,
implement, administer, or enforce a proposed rule for financial
responsibility requirements under CERCLA.
Section 434 prohibits the use of funds to issue any
regulation under the Solid Waste Disposal Act that applies to
an animal feeding operation.
Section 435 prohibits the use of funds for the National
Ocean Policy developed under Executive Order 13547.
Section 436 prohibits the use of funds to limit
recreational shooting and hunting on Federal and public lands
except for public safety.
Section 437 makes available vacant allotments for
permittees impacted by drought or wildland fire.
Section 438 limits funds for activities related to wind
turbines less than 24 nautical miles from the State of Maryland
shoreline.
Section 439 establishes a Spending Reduction Account in the
bill.
Bill-Wide Reporting Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescission recommended in the accompanying bill:
Department and activity:
Amounts recommended for rescission:
Department of the Interior: Bureau of Land Management (Land
Acquisition): $1,769,000.
Department of the Interior: U.S. Fish and Wildlife Service
(Land Acquisition): $4,572,000.
Department of the Interior: U.S. Fish and Wildlife Service
(Cooperative Endangered Species Conservation Fund): $3,000,000.
Department of the Interior: Land and Water Conservation
Fund (contract authority) $28,020,000.
Department of the Interior: National Park Service (Land
Acquisition): $4,500,000.
Department of the Interior: Bureau of Ocean Energy
Management, $25,000,000.
Department of the Interior: Bureau of Safety and
Environmental Enforcement, $12,000,000.
Environmental Protection Agency: Science and Technology,
$27,000,000.
Environmental Protection Agency, Environmental Programs and
Management, $41,000,000.
Environmental Protection Agency, State and Tribal
Assistance Grants (STAG), $60,000,000.
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the transfers of funds in the accompanying bill.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined by clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
PUBLIC LAW 112-74
* * * * * * *
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
BUREAU OF LAND MANAGEMENT ACTIONS REGARDING GRAZING ON PUBLIC LANDS
Sec. 122. (a) Exhaustion of Administrative Review Required.--
(1) For [fiscal years 2012 through 2020,] fiscal year
2012 and each fiscal year thereafter, a person may
bring a civil action challenging a decision of the
Bureau of Land Management concerning grazing on public
lands (as defined in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)))
in a Federal district court only if the person has
exhausted the administrative hearings and appeals
procedures established by the Department of the
Interior, including having filed a timely appeal and a
request for stay.
(2) An issue may be considered in the judicial review
of a decision referred to in paragraph (1) only if the
issue was raised in the administrative review process
described in such paragraph.
(3) An exception to the requirement of exhausting the
administrative review process before seeking judicial
review shall be available if a Federal court finds that
the agency failed or was unable to make information
timely available during the administrative review
process for issues of material fact. For the purposes
of this paragraph, the term ``timely'' means within 120
calendar days after the date that the challenge to the
agency action or amendment at issue is received for
administrative review.
(b) Acceptance of Donation of Certain Existing Permits or
Leases.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing
grazing on public lands within the California Desert
Conservation Area. With respect to each permit or lease
donated under this paragraph, the Secretary shall
terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and
make the land available for mitigation by allocating
the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section
10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease donated
under paragraph (1) is also covered by another valid
existing permit or lease that is not donated under such
paragraph, the Secretary of the Interior shall reduce
the authorized grazing level on the land covered by the
permit or lease to reflect the donation of the permit
or lease under paragraph (1). To ensure that there is a
permanent reduction in the level of grazing on the land
covered by a permit or lease donated under paragraph
(1), the Secretary shall not allow grazing use to
exceed the authorized level under the remaining valid
existing permit or lease that is not donated.
* * * * * * *
TITLE IV
GENERAL PROVISIONS
* * * * * * *
CONTRACTING AUTHORITIES
Sec. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, through [fiscal year 2017]
fiscal year 2019, give consideration to local contractors who
are from, and who provide employment and training for,
dislocated and displaced workers in an economically
disadvantaged rural community, including those historically
timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative
employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the
Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, road decommissioning, trail
maintenance or improvement, or habitat restoration or
management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the
same meanings as in section 2374 of Public Law 101-624 (16
U.S.C. 6612): Provided further, That the Secretaries shall
develop guidance to implement this section: Provided further,
That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
* * * * * * *
----------
FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
DIVISION J--OTHER MATTERS
* * * * * * *
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
SEC. 810. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate [September 30, 2018] September 30, 2019.
* * * * * * *
----------
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000
* * * * * * *
TITLE VIII
GENERAL PROVISIONS
* * * * * * *
Sec. 8162. Dwight D. Eisenhower Memorial. (a) Findings.--
Congress finds that--
(1) the people of the United States feel a deep debt
of gratitude to Dwight D. Eisenhower, who served as
Supreme Commander of the Allied Forces in Europe in
World War II and subsequently as 34th President of the
United States; and
(2) an appropriate permanent memorial to Dwight D.
Eisenhower should be created to perpetuate his memory
and his contributions to the United States.
(b) Commission.--There is established a commission to be
known as the ``Dwight D. Eisenhower Memorial Commission''
(referred to in this section as the ``Commission'').
(c) Membership.--The Commission shall be composed of--
(1) four persons appointed by the President, not more
than two of whom may be members of the same political
party;
(2) four Members of the Senate appointed by the
President Pro Tempore of the Senate in consultation
with the Majority Leader and Minority Leader of the
Senate, of which not more than two appointees may be
members of the same political party; and
(3) four Members of the House of Representatives
appointed by the Speaker of the House of
Representatives in consultation with the Majority
Leader and Minority Leader of the House of
Representatives, of which not more than two appointees
may be members of the same political party.
(d) Chair and Vice Chair.--The members of the Commission
shall select a Chair and Vice Chair of the Commission. The
Chair and Vice Chair shall not be members of the same political
party.
(e) Vacancies.--Any vacancy in the Commission shall not
affect its powers if a quorum is present, but shall be filled
in the same manner as the original appointment.
(f) Meetings.--
(1) Initial meeting.--Not later than 45 days after
the date on which a majority of the members of the
Commission have been appointed, the Commission shall
hold its first meeting.
(2) Subsequent meetings.--The Commission shall meet
at the call of the Chair.
(g) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number of members may
hold hearings.
(h) No Compensation.--A member of the Commission shall serve
without compensation, but may be reimbursed for expenses
incurred in carrying out the duties of the Commission.
(i) Duties.--The Commission shall consider and formulate
plans for such a permanent memorial to Dwight D. Eisenhower,
including its nature, design, construction, and location.
(j) Powers of the Commission.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept contributions
to be used in carrying out this section
or to be used in connection with the
construction or other expenses of the
memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or agent
of the Commission (including an individual
appointed under subparagraph (B)) providing
services to the Commission shall be considered
an employee of the Federal Government in the
performance of those services for the purposes
of chapter 171 of title 28, United States Code,
relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(k) Reports.--The Commission shall--
(1) report the plans under subsection (i), together
with recommendations, to the President and the Congress
at the earliest practicable date; and
(2) in the interim, make annual reports on its
progress to the President and the Congress.
(l) Applicability of Other Laws.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(m) Authority to Establish Memorial.--
(1) In general.--The Commission may establish a
permanent memorial to Dwight D. Eisenhower on land
under the jurisdiction of the Secretary of the Interior
in the District of Columbia or its environs.
(2) Compliance with standards for commemorative
works.--The establishment of the memorial shall be in
accordance with the Commemorative Works Act (40 U.S.C.
1001 et seq.).
(3) Expiration.--Any reference in section 8903(e) of
title 40, U.S.C. to the expiration at the end of, or
extension beyond, a 7-year period shall be considered
to be a reference to an expiration on, or extension
beyond, [September 30, 2017] September 30, 2018.
(n) Memorial Fund.--
(1) Establishment.--There is created in the Treasury
a fund for the memorial to Dwight D. Eisenhower that
includes amounts contributed under subsection (j)(2).
(2) Use of fund.--The fund shall be used for the
expenses of establishing the memorial.
(3) Interest.--The Secretary of the Treasury shall
credit to the fund the interest on obligations held in
the fund.
(o) Staff and Support Services.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept contributions
to be used in carrying out this section
or to be used in connection with the
construction or other expenses of the
memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or agent
of the Commission (including an individual
appointed under subparagraph (B)) providing
services to the Commission shall be considered
an employee of the Federal Government in the
performance of those services for the purposes
of chapter 171 of title 28, United States Code,
relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(p) Authorization of Appropriations.--There are authorized to
be appropriated such sums as necessary to carry out this
section.
(q) Appropriation of Funds.--In addition to amounts provided
elsewhere in this Act, there is appropriated to the Commission
$300,000, to remain available until expended.
* * * * * * *
----------
CHESAPEAKE BAY INITIATIVE ACT OF 1998
* * * * * * *
TITLE V--CHESAPEAKE BAY INITIATIVE
* * * * * * *
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.
(a) Chesapeake Bay Gateways and Watertrails Network.--
(1) In general.--The Secretary of the Interior
(referred to in this section as the ``Secretary''), in
cooperation with the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), shall provide technical and
financial assistance, in cooperation with other Federal
agencies, State and local governments, nonprofit
organizations, and the private sector--
(A) to identify, conserve, restore, and
interpret natural, recreational, historical,
and cultural resources within the Chesapeake
Bay Watershed;
(B) to identify and utilize the collective
resources as Chesapeake Bay Gateways sites for
enhancing public education of and access to the
Chesapeake Bay;
(C) to link the Chesapeake Bay Gateways sites
with trails, tour roads, scenic byways, and
other connections as determined by the
Secretary;
(D) to develop and establish Chesapeake Bay
Watertrails comprising water routes and
connections to Chesapeake Bay Gateways sites
and other land resources within the Chesapeake
Bay Watershed; and
(E) to create a network of Chesapeake Bay
Gateways sites and Chesapeake Bay Watertrails.
(2) Components.--Components of the Chesapeake Bay
Gateways and Watertrails Network may include--
(A) State or Federal parks or refuges;
(B) historic seaports;
(C) archaeological, cultural, historical, or
recreational sites; or
(D) other public access and interpretive
sites as selected by the Secretary.
(b) Chesapeake Bay Gateways Grants Assistance Program.--
(1) In general.--The Secretary, in cooperation with
the Administrator, shall establish a Chesapeake Bay
Gateways Grants Assistance Program to aid State and
local governments, local communities, nonprofit
organizations, and the private sector in conserving,
restoring, and interpreting important historic,
cultural, recreational, and natural resources within
the Chesapeake Bay Watershed.
(2) Criteria.--The Secretary, in cooperation with the
Administrator, shall develop appropriate eligibility,
prioritization, and review criteria for grants under
this section.
(3) Matching funds and administrative expenses.--A
grant under this section--
(A) shall not exceed 50 percent of eligible
project costs;
(B) shall be made on the condition that non-
Federal sources, including in-kind
contributions of services or materials, provide
the remainder of eligible project costs; and
(C) shall be made on the condition that not
more than 10 percent of all eligible project
costs be used for administrative expenses.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $3,000,000 for each
of fiscal years 1999 through [2017] 2019.
----------
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005
* * * * * * *
TITLE V
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
* * * * * * *
SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE
SITES.
(a) Conveyances Authorized.--In the manner provided by this
title, the Secretary may convey an administrative site, or an
interest in an administrative site, that is under the
jurisdiction of the Secretary.
(b) Means of Conveyance.--The conveyance of an administrative
site under this title may be made--
(1) by sale;
(2) by lease;
(3) by exchange;
(4) by a combination of sale and exchange; or
(5) by such other means as the Secretary considers
appropriate.
(c) Size of Conveyance.--An administrative site or compound
of administrative sites disposed of in a single conveyance
under this title may not exceed 40 acres.
(d) Certain Lands Excluded.--The following Federal land may
not be conveyed under this title:
(1) Any land within a unit of the National Forest
System that is exclusively designated for natural area
or recreational purposes.
(2) Any land included within the National Wilderness
Preservation System, the Wild and Scenic River System,
or a National Monument.
(3) Any land that the Secretary determines--
(A) is needed for resource management
purposes or to provide access to other land or
water;
(B) is surrounded by National Forest System
land or other publicly owned land, if
conveyance would not be in the public interest
due to the creation of a non-Federal inholding
that would preclude the efficient management of
the surrounding land; or
(C) would be in the public interest to
retain.
(e) Congressional Notifications.--
(1) Notice of anticipated use of authority.--As part
of the annual budget justification documents provided
to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of
the Senate, the Secretary shall include--
(A) a list of the anticipated conveyances to
be made, including the anticipated revenue that
may be obtained, using the authority provided
by this title or other conveyance authorities
available to the Secretary;
(B) a discussion of the intended purposes of
any new revenue obtained using this authority
or other conveyance authorities available to
the Secretary, and a list of any individual
projects that exceed $500,000; and
(C) a presentation of accomplishments of
previous years using this authority or other
conveyance authorities available to the
Secretary.
(2) Notice of changes to conveyance list.--If the
Secretary proposes to convey an administrative site
under this title or using other conveyance authorities
available to the Secretary and the administrative site
is not included on a list provided under paragraph
(1)(A), the Secretary shall submit to the congressional
committees specified in paragraph (3) written notice of
the proposed conveyance, including the anticipated
revenue that may be obtained from the conveyance.
(3) Notice of use of authority.--At least once a
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the
Committee on Resources of the House of Representatives
and the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate
a report containing a description of all conveyances of
National Forest System land made by the Secretary under
this title or other conveyance authorities during the
period covered by the report.
(f) Duration of Authority.--The authority of the Secretary to
initiate the conveyance of an administrative site under this
title expires on September 30, [2016] 2018.
(g) Repeal of Pilot Conveyance Authority.--Effective
September 30, 2006, section 329 of the Department of the
Interior and Related Agencies Appropriations Act, 2002 (16
U.S.C. 580d note; Public Law 107-63), is repealed.
Notwithstanding the repeal of such section, the Secretary may
complete the conveyance under such section of any
administrative site whose conveyance was initiated under such
section before that date.
* * * * * * *
----------
JOHN F. KENNEDY CENTER ACT
* * * * * * *
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
[(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $22,260,000 for fiscal year 2017.
[(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $14,140,000 for fiscal year 2017.]
(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $24,000,000 for fiscal year 2018.
(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $13,000,000 for fiscal year 2018.
(c) John F. Kennedy Center Plaza.--There is authorized to be
appropriated to the Secretary of Transportation for capital
costs incurred in the planning, design, engineering, and
construction of the project authorized by section 12 (including
roadway improvements related to the North and South
Interchanges and construction of the John F. Kennedy Center
Plaza, but not including construction of any buildings on the
plaza) a total of $400,000,000 for fiscal years 2003 through
2010. Such sums shall remain available until expended.
(d) Photovoltaic System.--There are authorized to be
appropriated to the Board such sums as are necessary to carry
out section 7, to remain available until expended.
(e) Limitation on Use of Funds.--No funds appropriated
pursuant to this section may be used for any direct expense
incurred in the production of a performing arts attraction, for
personnel who are involved in performing arts administration
(including any supply or equipment used by the personnel), or
for production, staging, public relations, marketing,
fundraising, ticket sales, or education. Funds appropriated
directly to the Board shall not affect nor diminish other
Federal funds sought for any performing arts function and may
be used to reimburse the Board for that portion of costs that
are Federal costs reasonably allocated to building services and
theater maintenance and repair.
* * * * * * *
CHANGES IN APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill, which directly or indirectly change the
application of existing law. In most instances these provisions
have been included in prior appropriations Acts.
The bill includes the following changes in application of
existing law:
OVERALL BILL
Providing that certain appropriations remain available
until expended or extends the availability of funds beyond the
fiscal year where programs or projects are continuing but for
which legislation does not specifically authorize such extended
availability. This authority tends to result in savings by
preventing the practice of committing funds on low priority
projects at the end of the fiscal year to avoid losing the
funds.
Limiting, in certain instances, the obligation of funds for
particular functions or programs. These limitations include
restrictions on the obligation of funds for administrative
expenses, travel expenses, the use of consultants, and
programmatic areas within the overall jurisdiction of a
particular agency.
Limiting official entertainment or reception and
representation expenses for selected agencies in the bill.
Continuing ongoing activities of those Federal agencies,
which require annual authorization or additional legislation,
which has not been enacted.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Providing funds to the Bureau for the management of lands
and resources.
Permitting the use of fees for processing applications for
permit to drill.
Permitting the use of mining fee collections for program
operations.
Permitting the use of fees from communication site rentals.
LAND ACQUISITION
Requiring that funding for the program is derived from the
Land and Water Conservation Fund.
Rescinding unobligated balances from prior appropriations.
OREGON AND CALIFORNIA GRANT LANDS
Providing funds for the Oregon and California Grant Lands.
Authorizing the transfer of certain collections from the
Oregon and California Land Grants Fund to the Treasury.
RANGE IMPROVEMENTS
Allowing certain funds to be transferred to the Department
of the Interior for range improvements.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
Allowing the use of certain collected funds for certain
administrative costs and operation of termination of certain
facilities.
Allowing the use of funds on any damaged public lands.
Authorizing the Secretary to use monies from forfeitures,
compromises or settlements for improvement, protection and
rehabilitation of public lands under certain conditions.
MISCELLANEOUS TRUST FUNDS
Allowing certain contributed funds to be advanced for
administrative costs and other activities of the Bureau.
ADMINISTRATIVE PROVISIONS
Permitting the Bureau to enter into agreements with public
and private entities, including States.
Permitting the Bureau to manage improvements to which the
United States has title.
Permitting the payment of rewards for information on
violations of law on Bureau lands.
Providing for cost-sharing arrangements for printing
services.
Permitting the Bureau to conduct certain projects for State
governments on a reimbursable basis.
Prohibiting the use of funds for the destruction of wild
horses and burros.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
Limiting funds for certain Endangered Species Act programs.
LAND ACQUISITION
Requiring that funding shall be derived from the Land and
Water Conservation Fund.
Providing that funding for projects may not be used for
administrative costs.
Rescinding unobligated balances from prior appropriations.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
Providing that a portion of the appropriation shall be
derived from the Land and Water Conservation Fund.
STATE AND TRIBAL WILDLIFE GRANTS
Providing for a State and Tribal wildlife grants program.
ADMINISTRATIVE PROVISIONS
Providing that programs may be carried out by direct
expenditure, contracts, grants, cooperative agreements and
reimbursable agreements with public and private entities.
Providing for repair of damage to public roads.
Providing options for the purchase of land not to exceed
$1.
Permitting cost-shared arrangements for printing services.
Permitting the acceptance of donated aircraft.
Providing that fees collected for non-toxic shot review and
approval shall be available without further appropriation for
the expenses of non-toxic shot review related expenses.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
Designating funds for Everglades restoration.
Providing for repair, rehabilitation and maintenance of
National Park Service assets.
NATIONAL RECREATION AND PRESERVATION
Providing for expenses not otherwise provided for.
HISTORIC PRESERVATION
Providing for expenses derived from the Historic
Preservation Fund.
CONSTRUCTION
Providing funds for construction, improvements, repair or
replacement of physical facilities, and management planning and
compliance for areas administered by the National Park Service.
Providing that a single procurement may be issued for any
project funded in fiscal year 2017 with a future phase
indicated in the National Park Service 5-year Line Item
Construction Plan.
Providing that the solicitation and contract shall contain
the availability of funds clause.
Providing that fees may be made available for the cost of
adjustments and changes within the original scope of effort for
projects funded by the Construction appropriation.
Providing that the Secretary of the Interior shall consult
with the Committees on Appropriations in accordance with
reprogramming thresholds prior to making any changes authorized
by this section.
LAND AND WATER CONSERVATION FUND
Rescinding Land and Water Conservation Fund contract
authority.
LAND ACQUISITION AND STATE ASSISTANCE
Requiring that funding for the program is derived from the
Land and Water Conservation Fund.
Rescinding unobligated balances from prior appropriations.
CENTENNIAL CHALLENGE
Providing funds for Centennial Challenge projects with no
less than 50 percent of the cost of each project derived from
non-Federal sources.
ADMINISTRATIVE PROVISIONS
Allowing certain franchise fees to be available for
expenditure without further appropriation to extinguish or
reduce liability for certain possessory interests.
Providing for the retention of administrative costs under
certain Land and Water Conservation Fund programs.
Allowing National Park Service funds to be transferred to
the Federal Highway Administration for purposes authorized
under 23 U.S.C. 204 for reasonable administrative support
costs.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
Providing funds to classify lands as to their mineral and
water resources.
Providing funds to give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees.
Providing funds to publish and disseminate data relative to
the foregoing activities.
Limiting funds for the conduct of new surveys on private
property without permission.
Limiting funds for cooperative topographic mapping or water
resource data collection and investigations.
ADMINISTRATIVE PROVISIONS
Allowing funds to be used for certain contracting,
construction, maintenance, acquisition, and representation
expenses.
Permitting the use of certain contracts, grants, and
cooperative agreements.
Recognizing students and recent graduates as Federal
employees for the purposes of travel and work injury
compensation.
Bureau of Ocean Energy Management
Permitting funds for mineral leasing and environmental
study; enforcing laws and contracts; and for matching grants.
Providing that funds may be used which shall be derived
from non-refundable cost recovery fees collected in 2017.
Permitting the use of certain excess receipts from Outer
Continental Shelf leasing activities.
Providing for reasonable expenses related to volunteer
beach and marine cleanup activities.
Prohibiting the use of funds for regulating non-lease
holders.
Bureau of Safety and Environmental Enforcement
Permitting funds for mineral leasing and environmental
study; enforcing laws and contracts; and for matching grants.
Providing that funds may be used which shall be derived
from non-refundable cost recovery fees.
Permitting the use of certain excess receipts from Outer
Continental Shelf leasing activities.
Permitting the use of funds derived from non-refundable
inspection fees.
Requiring that not less than 50 percent of inspection fees
expended be used on personnel, expanding capacity and reviewing
applications for permit to drill.
OIL SPILL RESEARCH
Providing that funds shall be derived from the Oil Spill
Liability Trust Fund.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
Permitting payment to State and Tribal personnel for travel
and per diem expenses for training.
Permitting the use of certain offsetting collections from
permit fees.
ABANDONED MINE RECLAMATION FUND
Allowing the use of debt recovery to pay for debt
collection.
Allowing that certain funds made available under title IV
of Public Law 95-87 may be used for any required non-Federal
share of the cost of certain projects.
Allowing funds to be used for travel expenses of State and
Tribal personnel while attending certain OSM training.
Providing that funds shall be used for economic and
community development in conjunction with reclamation
priorities.
Bureau of Indian Affairs and Bureau of Indian Education
OPERATION OF INDIAN PROGRAMS
Limiting funds for official reception and representation
expenses.
Limiting funds for welfare assistance payments, except for
disaster relief.
Allowing Tribal priority allocation funds to be used for
unmet welfare assistance costs.
Providing forward-funding for school operations of Bureau-
funded schools and other education programs.
Providing that limited funds shall be available until
expended for certain purposes.
Limiting funds for education-related administrative cost
grants.
Allowing the transfer of certain forestry funds.
Allowing the use of funds to purchase uniforms or other
identifying articles of clothing for personnel.
CONTRACT SUPPORT COSTS
Providing for such sums as are necessary to fully fund
contract support costs.
Prohibiting the transfer of funds from any other account to
fund contract support costs.
CONSTRUCTION
Providing for the transfer of Navajo irrigation project
funds to the Bureau of Reclamation.
Providing that six percent of Federal Highway Trust Fund
contract authority may be used for construction management
costs.
Providing Safety of Dams funds on a non-reimbursable basis.
Requiring the use of administrative and cost accounting
principles for certain school construction projects and
exempting such projects from certain requirements.
Requiring conformance with building codes and health and
safety standards.
Specifying the procedure for dispute resolution.
Limiting the control of construction projects when certain
time frames have not been met.
Allowing reimbursement of construction costs from the
Office of Special Trustee.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
Limiting funds for administrative expenses and for
subsidizing total loan principal.
ADMINISTRATIVE PROVISIONS
Allowing the use of funds for direct expenditure,
contracts, cooperative agreements, compacts, and grants.
Allowing contracting for the San Carlos Irrigation Project.
Limiting the use of funds for certain contracts, grants and
cooperative agreements.
Allowing Tribes to return appropriated funds.
Prohibiting funding of Alaska schools.
Limiting the number of schools and the expansion of grade
levels in individual schools.
Specifying distribution of indirect and administrative
costs for certain Tribes.
Limiting the expansion of satellite school locations.
Departmental Offices
OFFICE OF THE SECRETARY, SALARIES AND EXPENSES
Allowing the use of certain funds for official reception
and representation expenses.
Permitting payments to former Bureau of Mines workers.
Designating funds for consolidated appraisal services to be
derived from the Land and Water Conservation Fund.
ADMINISTRATIVE PROVISIONS
Allowing certain payments authorized for the Payments in
Lieu of Taxes Program to be retained for administrative
expenses.
Providing that the amounts provided are the only amounts
available for payments authorized under chapter 69 of title 31,
United States Code.
Providing that in the event sums appropriated are
insufficient to make the full payments then the payment to each
local government shall be made proportionally.
Providing that the Secretary may make adjustments to
payment to individual units of local government to correct for
prior overpayments or underpayments.
Providing that no Payments in Lieu of Taxes Program payment
be made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
Insular Affairs
ASSISTANCE TO TERRITORIES
Designating funds for various programs and for salaries and
expenses of the Office of Insular Affairs.
Allowing audits of the financial transactions of the
Territorial and Insular governments by the GAO.
Providing grant funding under certain terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands.
Providing for capital infrastructure in various
Territories.
Allowing appropriations for disaster assistance to be used
as non-Federal matching funds for hazard mitigation grants.
ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS
Allowing, at the request of the Governor of Guam, for
certain discretionary or mandatory funds to be used to assist
securing certain rural electrification loans through the U.S.
Department of Agriculture.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
Limiting the amount of funding available for the historical
accounting of Indian trust fund accounts.
Allowing transfers to other Department of the Interior
accounts.
Providing no-year funding for certain Indian Self-
Determination Act grants.
Exempting quarterly statements for Indian trust accounts
$15 or less.
Requiring annual statements and records maintenance for
Indian trust accounts.
Limiting use of funds to correct administrative errors in
Indian trust accounts.
Permitting the use of recoveries from erroneous payments
pursuant to Indian trust accounts.
Exempting reconciliation of Special Deposit Accounts with
low balances in certain circumstances.
Allowing for limited aggregation of trust accounts of
individuals whose whereabouts are unknown.
DEPARTMENT WIDE PROGRAMS
Wildland Fire Management
Providing funds for wildland fire management.
Designating funds for renovation or construction of fire
facilities and designating funds for Wildfire suppression
operations.
Permitting the repayments of funds transferred from other
accounts for firefighting.
Designating funds for hazardous fuels and burned area
rehabilitation.
Permitting the use of funds for lodging and subsistence of
firefighters.
Permitting the use of grants, contracts and cooperative
agreements for hazardous fuels reduction, including cost-
sharing and local assistance.
Permitting cost-sharing of cooperative agreements with non-
Federal entities under certain circumstances.
Providing for local competition for hazardous fuel
reduction activities.
Permitting reimbursement to the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service for
consultation activities under the Endangered Species Act.
Providing certain terms for leases of real property with
local governments.
Providing for the transfer of funds between the Department
of the Interior and the Department of Agriculture for wildland
fire management.
Providing funds for support of Federal emergency response
actions.
Allowing for international forestry assistance to or
through the Department of State.
CENTRAL HAZARDOUS MATERIALS FUND
Providing funds for response action, including associated
activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act.
WORKING CAPITAL FUND
Allowing funds for the financial and business management
system and information technology improvement.
Prohibiting use of funds to establish reserves in the
working capital fund with exceptions.
Allowing assessments for reasonable charges for training
services at the National Indian Program Center and use of these
funds under certain conditions.
Providing space and related facilities or the lease of
related facilities, equipment or professional services of the
National Indian Program Training Center to state, local and
Tribal employees or other persons for cultural, educational or
recreational activities.
Providing that the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by law.
ADMINISTRATIVE PROVISION
Allowing acquisition and sale of certain aircraft.
PAYMENTS IN LIEU OF TAXES
Extending funding for Payments in Lieu of Taxes.
OFFICE OF NATURAL RESOURCES REVENUE
Designating funds for mineral revenue management
activities.
Allowing certain refunds of overpayments in connection with
certain Indian leases.
General Provisions, Department of the Interior
Allowing transfer of funds for certain reconstruction of
facilities, aircraft or utilities in emergency situations.
Allowing transfer of funds in certain emergency situations,
including wildfires and oil spill response, if other funds
provided in other accounts will be exhausted within 30 days and
a supplemental appropriation is requested as promptly as
possible.
Permitting the Department to use limited funding for
certain services.
Permitting the transfer of funds between the Bureau of
Indian Affairs and Bureau of Indian Education and the Office of
Special Trustee for American Indians and limiting amounts for
historical accounting activities.
Authorizing the redistribution of Tribal Priority
Allocation funds to address unmet needs.
Authorizing the acquisition of lands and leases for Ellis,
Governors and Liberty Islands.
Providing the authority for the Secretary to collect
nonrefundable inspection fees.
Permitting the reorganization of the Bureau of Ocean Energy
Management, Enforcement and Regulation.
Permitting the Secretary of the Interior to enter into
long-term agreements for wild horse and burro holding
facilities.
Requiring the U.S. Fish and Wildlife Service to mark
hatchery salmon.
Addressing BLM actions regarding grazing on public lands.
Continuing a provision allowing the Bureau of Indian
Affairs and Bureau of Indian Education to more efficiently and
effectively perform reimbursable work.
Regarding status reviews and determinations for sage-grouse
pursuant to the Endangered Species Act.
Permitting the transfer of excess wild horses and burros
for work purposes.
Prohibiting the use of funds to list in the National
Register of Historic Places property deemed crucial to national
security and military training.
Requiring the reissuance of certain final rules and
prohibiting such rules from further judicial review.
Prohibiting the treatment of gray wolves range-wide as an
endangered or threatened species.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
Providing for operating expenses in support of research and
development.
Designating funding for National Priorities research as
specified in the report accompanying this Act.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
Allowing hire and maintenance of passenger motor vehicles
and operation of aircraft and purchase of reprints and library
memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Limiting amounts for official representation and reception
expenses.
Providing two-year funding availability for administrative
costs of Brownfields program.
Limitation of funds for the Chemical Risk Review and
Reduction program.
Designating funding for National Priorities as specified in
the report accompanying this Act.
Designating funding for Geographical programs as specified
in the report accompanying this Act.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
Providing for the collection and expenditure of fees.
HAZARDOUS SUBSTANCE SUPERFUND
Allowing distribution of funds to purchase services from
other agencies under certain circumstances.
Providing for the transfer of funds within certain agency
accounts.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Providing for grants to Federally-recognized Indian Tribes.
STATE AND TRIBAL ASSISTANCE GRANTS
Limiting funding amounts for certain programs.
Specifying funding for capitalization grants for the Clean
Water and Drinking Water State Revolving Funds and allowing
certain amounts for additional subsidies.
Designating funds for specific sections of law.
Providing waivers for certain uses of Clean Water and
Drinking Water State Revolving Funds for State administrative
costs for grants to federally-recognized Indian Tribes and
grants to specific Territories and Freely Associated States.
Requiring that 10 percent Clean Water and 20 percent of
Drinking Water funds shall be used by States for forgiveness of
principal or negative interest loans.
Prohibiting the use of funds for jurisdictions that permit
development or construction of additional colonia areas.
Providing certain grants under authority of Section 103,
Clean Air Act.
Providing funding for environmental information exchange
network initiatives grants, statistical surveys of water
resources and enhancements to State monitoring programs, Tribal
grants, and underground storage tank projects.
ADMINISTRATIVE PROVISIONS
Allowing awards of grants to federally-recognized Indian
Tribes.
Authorizing the collection and obligation of pesticide
registration service fees.
Authorizing the collection and obligations of TSCA fees.
Allowing the transfer of funds from the ``Environmental
Programs and Management'' account to support the Great Lakes
Restoration Initiative and providing for certain interagency
agreements and grants to various entities in support of this
effort.
Providing amounts for construction, alteration, repair,
rehabilitation, and renovation of facilities.
Providing for grants to federally recognized Tribes.
Providing amounts for competitive grants under the National
Estuary Program.
TITLE III--RELATED AGENCIES
Forest Service
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
Providing funds for the office of the Under Secretary for
Natural Resources and Environment.
FOREST AND RANGELAND RESEARCH
Providing funds for forest and rangeland research.
Designating funds for the forest inventory and analysis
program.
STATE AND PRIVATE FORESTRY
Providing for forest health management, including
treatments of certain pests or invasive plants, and for
restoring damaged forests, and for cooperative forestry,
education and land conservation activities, and conducting an
international program.
Deriving certain funds from the Land and Water Conservation
Fund.
NATIONAL FOREST SYSTEM
Providing funds for the National Forest System.
Depositing funds in the Collaborative Forest Landscape
Restoration Fund.
Designating funds for forest products.
CAPITAL IMPROVEMENT AND MAINTENANCE
Providing funds for construction, reconstruction, and
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, capital improvement,
decommissioning, and maintenance of forest roads and trails.
Requiring that funds becoming available in fiscal year 2018
for the road and trails fund (16 U.S.C. 501) shall be
transferred to the Treasury.
LAND ACQUISITION
Requiring that funding for the program is derived from the
Land and Water Conservation Fund.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Requiring that funding for the program is derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Requiring that funding for the program is derived from
funds deposited by State, county, or municipal governments and
non-Federal parties pursuant to Land Sale and Exchange Acts.
RANGE BETTERMENT FUND
Providing that fifty percent of monies received for grazing
fees shall be used for range improvements and limiting
administrative expenses to six percent.
GIFTS, DONATIONS AND BEQUESTS
Providing for gifts, donations and bequest per Federal law.
MANAGEMENT OF NATIONAL FORESTS FOR SUBSISTENCE USES
Providing funds for subsistence uses per the Alaska
National Interest Lands Conservation Act.
Wildland Fire Management
Permitting the use of funds for emergency rehabilitation
and restoration and hazardous fuels reduction to support
emergency response and wildfire suppression.
Allowing the use of wildland fire funds to repay advances
from other accounts.
Allowing reimbursement of States for certain wildfire
emergency activities.
Allowing funds to be available for emergency
rehabilitation, hazardous fuels reduction and emergency
response.
Designating funds for suppression, hazardous fuels
reduction and national fire plan research.
Designating funds for State fire assistance and volunteer
fire assistance Federal and State and private lands.
Providing for cooperative agreements and grants.
Allowing funds available for Community Forest Restoration
Act to be used on non-Federal land.
Limiting the transfer of wildland fire management funds
between the Department of the Interior and the Department of
Agriculture.
Designating the use of hazardous fuels reduction funds for
biomass grants.
Providing that funds designated for suppression shall be
assessed for cost pools.
ADMINISTRATIVE PROVISIONS
Permitting the purchase of passenger motor vehicles and
proceeds from the sale of aircraft may be used to purchase
replacement aircraft.
Allowing funds for certain employment contracts.
Allowing funds to be used for purchase and alteration of
buildings.
Allowing for acquisition of certain lands and interests.
Allowing expenses for certain volunteer activities.
Providing for the cost of uniforms.
Providing for debt collections on certain contracts.
Allowing transfer of funds in certain emergency situations
if all other funds provided for wildfire suppression will be
obligated within 30 days and the Secretary notifies the
Committees.
Allowing funds to be used through the Agency for
International Development for work in foreign countries and to
support other forestry activities outside of the United States.
Allowing the Forest Service, acting for the International
Program, to sign certain funding agreements with foreign
governments and institutions as well as with certain domestic
agencies.
Authorizing the expenditure or transfer of funds for wild
horse and burro activities.
Prohibiting the transfer of funds under the Department of
Agriculture transfer authority under certain conditions.
Limiting the transfer of funds for the Working Capital Fund
and Department Reimbursable Program (also known as Greenbook
charges).
Limiting funds to support the Youth Conservation Corps and
Public Lands Corps.
Limiting the use of funds for official reception and
representation expenses.
Providing for matching funds for the National Forest
Foundation.
Providing for matching funds for the National Fish and
Wildlife Foundation.
Allowing funds to be used for technical assistance for
rural communities.
Allowing funds for payments to counties in the Columbia
River Gorge National Scenic Area.
Allowing funds to be used for the Older Americans Act.
Permitting funding assessments for facilities maintenance,
rent, utilities, and other support services.
Limiting funds to reimburse the Office of General Counsel
at the Department of Agriculture.
Permitting eligible employees to be considered a Federal
Employee.
Requiring regular reporting of unobligated balances.
Designating availability of funds appropriated in a
previous fiscal year for the FLAME Wildfire Suppression Reserve
Fund.
Indian Health Service
INDIAN HEALTH SERVICES
Providing that Tribal contract and grant funding is deemed
obligated at the time of grant or contract award and remains
available until expended.
Providing no-year funds for contract medical care including
the Indian Catastrophic Health Emergency Fund.
Providing for loan repayment under sections 104 and 108 of
the Indian Health Care Improvement Act with certain conditions
and making the funds available for certain other purposes.
Providing for operational funds for leased space and
accreditation emergencies.
Providing for the allocation of certain funds.
Providing that certain contracts and grants may be
performed in two fiscal years.
Providing for use of collections and reporting of
collections under Title IV of the Indian Health Care
Improvement Act.
Providing no-year funding for scholarship funds.
Providing for the collection of individually identifiable
health information relating to the Americans with Disabilities
Act by the Bureau of Indian Affairs.
Permitting the use of Indian Health Care Improvement Fund
monies for facilities improvement and providing no-year funding
availability.
CONTRACT SUPPORT COSTS
Providing for such sums as are necessary to fully fund
contract support costs.
Prohibiting the transfer of funds from any other account
within the Indian Health Service to fund contract support
costs.
Indian Health Facilities
Providing that facilities funds may be used to purchase
land, modular buildings and trailers.
Providing for TRANSAM equipment to be purchased from the
Department of Defense.
Prohibiting the use of funds for sanitation facilities for
new homes funded by the Department of Housing and Urban
Development.
Allowing for the purchase of ambulances.
Providing for a demolition fund.
ADMINISTRATIVE PROVISIONS
Providing for per diem expenses for senior level positions.
Providing for payments for telephone service in private
residences in the field, purchase of motor vehicles, aircraft
and reprints.
Providing for purchase and erection of modular buildings.
Providing funds for uniforms.
Allowing funding to be used for attendance at professional
meetings.
Providing that health care may be extended to non-Indians
at Indian Health Service facilities, subject to charges, and
for the expenditure of collected funds.
Providing for transfers of funds from the Department of
Housing and Urban Development to the Indian Health Service.
Prohibiting limitations on certain Federal travel and
transportation expenses.
Requiring departmental assessments to be identified in
annual budget justifications.
Allowing de-obligation and re-obligation of funds applied
to self-governance funding agreements.
Prohibiting the expenditure of funds to implement new
eligibility regulations.
Permitting certain reimbursements for goods and services
provided to Tribes.
Providing that reimbursements for training, technical
assistance, or services include total costs.
Prohibiting changes in organizational structure without
advance notification to Congress.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
Providing for the conduct of health studies, testing, and
monitoring.
Providing deadlines for health assessments and studies.
Limiting the number of toxicological profiles.
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
Limiting the use of funds for official reception and
representation expenses.
Designating the appointment and duties of the chairman.
Office of Navajo and Hopi Indian Relocation
Providing that funds in this and prior appropriations Acts
shall be used to relocate persons certified as eligible.
Providing that no person can be evicted unless a
replacement home is provided.
Providing that no relocatee is provided with more than one
new or replacement home.
Providing for the transfer of funds to the Department of
the Interior Office of Inspector General.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Permitting use of funds for hire of passenger vehicles,
uniforms or allowances with per diem rate limitations.
Limiting the number of senior level positions.
Designating the individual appointed to the position of
Inspector General of the Environmental Protection Agency as the
Inspector General of the Board.
Directing use of personnel and limiting position
appointments within the Board.
Smithsonian Institution
SALARIES AND EXPENSES
Limiting certain lease terms.
Providing for purchase of passenger vehicles and certain
rental, repair and cleaning of uniforms.
Designating funds for certain programs and providing no-
year funds.
Providing that funds may be used to support American
overseas research centers.
Allowing for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations.
FACILITIES CAPITAL
Designating funds for maintenance, repair, rehabilitation,
and construction and for consultant services.
National Gallery of Art
SALARIES AND EXPENSES
Allowing payment in advance for membership in library,
museum, and art associations or societies.
Allowing for purchase, repair, and cleaning of uniforms for
guards and employees and allowances therefor.
Allowing purchase or rental of devices for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds.
Providing for restoration and repair of works of art by
contract under certain circumstances.
Providing no-year funds for special exhibitions.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
Providing lease agreements of no more than 10 years
addressing space needs created by renovations under the Master
Facilities Plan.
Permitting the Gallery to perform work by contract under
certain circumstances.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
Providing funds to the John F. Kennedy Center for the
Performing Arts Kennedy Center for operational and maintenance
costs.
CAPITAL REPAIR AND RESTORATION
Providing funds to the John F. Kennedy Center for the
Performing Arts Kennedy Center for facility repair.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
Providing funds to the Woodrow Wilson Center for Scholars.
Allowing for hire of passenger vehicles and services.
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Providing funds for the support of projects and productions
in the arts, including arts education and public outreach
activities.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
Specifying funds to carry out the matching grants program.
Allowing obligation of National Endowment for the
Humanities current and prior year funds from gifts, bequests,
and devises of money for which equal amounts have not
previously been appropriated.
ADMINISTRATIVE PROVISIONS, NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
Prohibiting the use of funds for grants and contracts which
do not include the text of 18 U.S.C. 1913.
Prohibiting the use of appropriated funds and permitting
the use of non-appropriated funds for reception expenses.
Allowing the chairperson of the National Endowment for the
Arts to approve small grants under certain circumstances.
Commission of Fine Arts
SALARIES AND EXPENSES
Permitting the charging and use of fees for its
publications and accepting gifts related to the history of the
Nation's Capital.
Providing that one-tenth of one percent of funds provided
may be used for official reception and representation expenses.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
Providing funding for the National Capital Arts and
Cultural Affairs.
NATIONAL CAPITAL PLANNING COMMISSION
Providing funding for the National Capital Planning
Commission.
Providing that one-quarter of one percent may be used for
official reception and representational expenses.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
Designating funds for equipment replacement.
Designating funds for repair, rehabilitation and for
exhibition design and production and providing no year
availability for these funds.
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
Providing funding for the Dwight D. Eisenhower Memorial
Commission.
CAPITAL CONSTRUCTION
Providing funding for design and construction of a memorial
in honor of Dwight D. Eisenhower.
Providing that the contract with respect to the procurement
shall contain the availability of funds clause.
Providing that funds appropriated shall satisfy the
requirement for issuing a permit.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES
Providing funding for the World War I Centennial
Commission.
Providing that the Commission may accept support from any
executive branch agency for activities of the Commission.
TITLE IV--GENERAL PROVISIONS
Prohibiting the use of funds to promote or oppose
legislative proposals on which congressional action is
incomplete.
Providing for annual appropriations unless expressly
provided otherwise in this Act.
Providing for disclosure of administrative expenses,
assessments and requirements for operating plans.
Continuing a limitation on accepting and processing
applications for patents and on the patenting of Federal lands;
permitting processing of grandfathered applications; and
permitting third-party contractors to process grandfathered
applications.
Continuing a provision regarding the payment of contract
support costs for prior fiscal years.
Addressing the payment of contract support costs for fiscal
year 2018.
Continuing a provision allowing Forest Service land
management plans to be more than 15 years old if the Secretary
is acting in good faith to update such plans and prohibiting
the use of funds to implement new wilderness directives under
the planning rule.
Limiting leasing and preleasing activities within National
Monuments.
Limiting takings for acquisition of lands except under
certain conditions.
Continuing a provision addressing timber sales involving
Alaskan western red cedar.
Prohibiting funds to enter into certain no-bid contracts
except under certain conditions.
Requiring reports to Congress to be posted on public agency
websites.
Continuing a provision that delineates grant guidelines for
the National Endowment for the Arts.
Continuing a provision that delineates program priorities
for the programs managed by the National Endowment for the
Arts.
Requiring that the Department of the Interior, the EPA, the
Forest Service, and the Indian Health Service provide the
Committees on Appropriations a quarterly report on the status
of balances of appropriations.
Providing a one-year extension of the Federal Lands
Recreation Enhancement Act.
Continuing a provision prohibiting the use of funds to
promulgate or implement any regulation requiring the issuance
of permits under title V of the Clean Air Act for carbon
dioxide, nitrous oxide, water vapor, or methane emissions.
Continuing a provision prohibiting the use of funds to
implement any provision in a rule if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
Modifying authorities relating to the Dwight D. Eisenhower
Memorial Commission.
Prohibiting the use of funds to regulate the lead content
of ammunition or fishing tackle.
Extending authorities for awarding contracts for certain
activities on public lands.
Extending the authority for the Chesapeake Bay Initiative.
Extending certain authorities allowing the Forest Service
to renew grazing permits.
Prohibiting the use of funds to maintain or establish a
computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Extending the Forest Service Facility Realignment and
Enhancement Act.
Setting requirements for the use of American iron and steel
for certain loans and grants.
Prohibiting the use of funds to destroy buildings or
structures on Midway Island recommended for inclusion in the
National Register of Historic Places.
Addressing carbon emissions from forest biomass.
Extending by one year the authorization for the John F.
Kennedy Center.
Prohibiting the use of funds to require permits for the
discharge of dredged or fill material for certain agriculture
activities.
Authorizing the withdrawal of the Waters of the United
States rule.
Addressing the implementation of national ambient air
quality standards for ozone.
Prohibiting the use of funds to finalize, implement,
administer, or enforce any regulation that would establish new
financial responsibility requirements under CERCLA.
Prohibiting the use of funds to issue any regulation under
the Solid Waste Disposal Act that applies to an animal feeding
operation.
Prohibiting the use of funds to further implementation of
the National Ocean Policy under Executive Order 13547.
Prohibiting the use of funds to limit recreational shooting
and hunting on Federal and public lands except for public
safety.
Making available vacant grazing allotments for permittees
impacted by drought or wildfire.
Limits funds for activities related to wind turbines less
than 24 nautical miles from the State of Maryland shoreline.
Establishing a Spending Reduction Account in the bill.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law:
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, requires that the report accompanying a bill providing
new budget authority contain a statement detailing how the
authority compares with the reports submitted under section 302
of the Act for the most recently agreed to concurrent
resolution on the budget for the fiscal year. This information
follows:
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DIRECTED RULE MAKING
Pursuant to section 3(i) of H. Res. 5 (115th Congress), the
bill includes the following direct rule makings:
1) Endangered Species Act, gray wolves, Wyoming (in section
116 of Title I)
2) Endangered Species Act, gray wolves, western Great Lakes
(in section 116 of Title I)
3) Administrative Control of Funds (Forest Service--
Administrative Provisions in Title III).
TABLE OF FUNDING RECOMMENDATIONS
The following table provides the amounts recommended by the
Committee compared with the budget estimates by account.
DISSENTING VIEWS
When Democrats controlled the Senate and White House, House
Republicans passed ``no budget, no pay'' legislation to express
their dismay with the Senate's failure to adopt a budget. With
Republicans now in full control of the House, the Senate, and
the White House, the nation's fiscal house is in a state of
disrepair.
More than three months after the April 15 deadline, not
only is there no conferenced budget resolution, but--as of July
20--the House and Senate have failed even to pass resolutions
out of their own chambers. Meanwhile, the Appropriations
Committee is left with budget caps that cut $8 billion from
Non-Defense bills compared to fiscal year 2017.
As a result, the Interior, Environment and Related Agencies
(Interior) Appropriations bill falls short with insufficient
funding in addition to harmful policy riders and a willful
ignorance to address the reality of climate change.
The bill underfunds the Environmental Protection Agency,
which has already endured deep cuts over the past seven years.
Since fiscal year 2010, the EPA has been reduced by $2.2
billion and has 2,000 fewer staff. Adjusted for inflation, EPA
has already been cut 30 percent below FY 2010 levels. Despite
these alarming figures, the bill reduces the EPA even further,
cutting the Agency by $528 million below the FY 2017 enacted
level, which is 64 percent of the cut to the Subcommittee's
overall allocation.
We are at a defining moment in history when our actions to
combat climate change will impact the world we pass on to our
children, grandchildren, and great grandchildren. We cannot
afford to disregard the overwhelming scientific evidence that
the planet is warming, sea level is rising, and glaciers are
melting. The recent and historic calving of a glacier in
Antarctica the size of Delaware was a sobering reminder of the
enormous consequences of a changing climate.
The planet is experiencing more severe droughts, flooding,
and wildfires that threaten lives and livelihoods. Climate
change has the potential to adversely impact all Americans, as
even noted in a Defense Department report, hitting vulnerable
populations hardest, harming productivity in key economic
sectors, and saddling future generations with costly economic
and environmental burdens.
Human actions play a role in climate change, and as elected
leaders we cannot turn a blind eye to the obvious need for
intervention. Disappointingly, the Majority ignores this
reality and instead uses the Interior bill to expedite the
degradation of our environment and contribute to conditions
that facilitate climate change.
EPA's regulatory role makes it the federal government's
principal agency for reducing carbon emissions. The significant
cuts in this bill would impact the Agency's ability to protect
public health and the environment, and jeopardize clean air and
water for our families and future generations.
The bill also disinvests in climate change research,
cutting the United States Geological Survey (USGS) by $46
million below the FY 2017 enacted level. If the federal
government is going to make educated and informed decisions, it
must have the best available science, and cutting USGS research
hinders the acquisition of that information. The disinvestment
in these two agencies that research and mitigate climate change
is reckless and irresponsible.
Further evidence of the Trump Administration's disregard
for the legacy we are leaving to future generations is the
blatant funding reductions for natural resource conservation
and wildlife protection.
The Majority continues its assault on the Endangered
Species Act in this bill, reducing funding for endangered
species listing by 17 percent. This irresponsible cut opens the
door for litigation and delays protecting and recovering
vulnerable species.
This bill also shortchanges the Land and Water Conservation
Fund (LWCF), which since its inception has protected
conservation and recreation land in every State and supported
tens of thousands of State and local projects. Yet, despite its
merits, this bill slashes the LWCF program by a third, even
though this successful program enjoys bipartisan support.
Once again the majority has failed to adopt the commonsense
reforms championed in Representative Simpson's wildfire
disaster funding bill. Every member of the Interior
subcommittee is a cosponsor of that bill, yet the majority has
balked, citing committee jurisdiction. The Administration did
not propose a fix for wildland fire funding, and the majority
has not proposed an approach wherein costs associated with
wildfires can be responsibly met without usurping base funding
of other agencies in the Interior bill. This year, $3.4
billion, or 11 percent of the subcommittee's total allocation,
would be spent on wildland fire. It is imperative we push for a
solution to this problem as we monitor the devastating fires
burning in the West. Wild fire disasters should be treated like
any other covered disasters, such as flooding and tornadoes,
that are payed for without requiring cuts to other important
programs.
Despite this bill's shortcomings in environmental
protection and resource conservation, the subcommittee
continues to maintain a non-partisan approach to addressing
Native American issues, and the bill recommends an increase of
$106 million over the FY 2017 enacted level for programs
critical to Indian Country. The increased funding for the
Bureau of Indian Affairs and the Indian Health Service is
critical to fulfilling our federal trust and treaty
responsibilities to tribal nations, including support for
health care, education, and public safety.
The bill also funds important Historic Preservation grant
programs The bill provides $5 million for the Save America's
Treasures program that preserves nationally significant sites,
structures, and artifacts. Additionally, we note the bill
provides $10.5 million for the Civil Rights Initiative grant
program and $3 million for grants-in-aid to Historically Black
Colleges and Universities.
We applaud the Chairman for rejecting the Administration's
proposal to eliminate funding for the National Endowment for
the Arts and the National Endowment for the Humanities. These
agencies honor and preserve the nation's rich cultural heritage
and foster access to the arts and the humanities.
Just as problematic as funding decisions in this bill are
the policy provisions that undermine clean air and water
protections, block the federal government's ability to use the
Endangered Species Act, and effectively repeal the Waters of
the United States Rule, which protects our wetlands and
waterways.
Democrats attempted to address many inadequacies through
the amendment process in Committee. Ranking Member McCollum
offered an amendment to remove 16 partisan riders, including
those affecting the Department of the Interior and EPA. The
majority strongly rejected these efforts. Ranking Member Lowey
offered amendments to strike Endangered Species Act riders and
prohibit drilling in the unique and pristine Arctic National
Wildlife Refuge. These amendments failed along party lines, and
the majority has thwarted the normal process and procedures set
out in statute.
Congressman Quigley offered an amendment to prohibit
closure of EPA Regional offices. These regional offices are the
front line in protecting public health and safeguarding our air
and water. They play a crucial role through the relationships
regional staff develop with states and local government and
with industry. The Republicans defeated the amendment in a
partisan vote of 21-29.
The Trump Administration's withdrawal from the Paris
Climate Accords fundamentally undermines American global
leadership and endangers the future of our planet. Now, more
than ever, it is imperative that Congress affirms the United
States' commitment to addressing climate change. Congressman
Cartwright offered an amendment to include report language
recognizing that the consequences of climate change have the
potential to adversely impact all Americans and encouraging
agencies to create economically viable solutions to study and
address the causes of climate change. The amendment failed, 21-
29, in a partisan vote.
For all the reasons outlined, we cannot support this bill
in its current form given the inclusion of ideological riders,
dramatic cuts to environmental protection, and the insufficient
allocation for the overall bill. Despite our current
opposition, we intend to continue to work with Chairman Calvert
through this year's appropriations process to produce a
responsible bill that both parties can support.
Betty McCollum.
Nita M. Lowey.
[all]
