An original bill making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2017, and for other purposes.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
This bill provides FY2017 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.
The bill provides annual appropriations for most of the Department of the Interior, including:
It does not include the Bureau of Reclamation, which is considered in the Energy and Water Development appropriations bill.
Related agencies funded in the bill include the Department of Agriculture's Forest Service, the Department of Health and Human Service's Indian Health Service (IHS), the Smithsonian Institution, the National Endowment for the Arts, and the National Endowment for the Humanities.
The bill includes emergency funding for Interior and Forest Service fire suppression activities, which is not subject to discretionary spending limits. The bill also requires specified adjustments to discretionary spending limits in FY2017-FY2026 to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at USDA and Interior.
The bill decreases appropriations for the Department of the Interior, Environment, and Related Agencies below FY2016 levels. Compared to FY2016 funding levels, the bill increases funding for Interior, the IHS, and the Smithsonian Institution, while decreasing funding for the EPA and the Forest Service.
Within the Interior budget, the bill increases funding for the BLM, the NPS, the USGS, and the Bureaus of Indian Affairs and Indian Education. The bill decreases funding for the USFWS, the Office of Surface Mining Reclamation and Enforcement, and Departmental Offices.
The bill also establishes a new Alaska Land Use Council and a Women's Suffrage Centennial Commission.
Also included in the bill are several provisions that affect the ability of agencies to implement policies in areas such as greenhouse gas emissions, air pollution, water quality, and endangered species.
Full Summary:
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017
Provides FY2017 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.
TITLE I--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Bureau of Land Management (BLM) for:
Prohibits appropriations provided by this bill from being used for: (1) the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors; or (2) the sale of wild horses and burros that results in their destruction for processing into commercial products.
Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:
Provides appropriations to the National Park Service (NPS) for:
Rescinds FY2017 contract authority provided by the Land and Water Conservation Fund Act of 1965.
Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.
Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.
Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.
Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.
Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.
Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.
Provides appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for:
Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.
Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.
Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.
Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.
Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.
Specifies the distribution of indirect and administrative costs to certain tribes.
Provides appropriations for Departmental Offices, including:
Provides appropriations for Department-Wide Programs, including:
(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies if: (1) the Secretary of the Interior approves the transfer, (2) funds provided to Interior for emergencies have been exhausted, and (3) funds used under this section are replenished by a supplemental appropriation requested as promptly as possible.
(Sec. 102) Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.
(Sec. 103) Permits Interior to use appropriations provided in this title for:
(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this bill for that purpose.
(Sec. 105) Permits Interior to redistribute tribal priority allocation and tribal base funds to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies.
(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.
(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.
(Sec. 108) Permits Interior to transfer funds to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.
(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild horses and burros on private land.
(Sec. 110) Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro. Prohibits any agency receiving the animals from destroying, selling, or otherwise transferring them in a way that results in their destruction for processing into commercial products.
(Sec. 111) Prohibits funds provided by this bill from being used for activities leading to a determination of the status of the lesser prairie-chicken as a threatened or endangered species under the Endangered Species Act of 1973.
(Sec. 112) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.
(Sec. 113) Prohibits funds from being used to implement, administer, or enforce Secretarial Order No. 3310, which requires the BLM to inventory and protect public lands with wilderness characteristics.
(Sec. 114) Permits the BIA and the BIE in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.
(Sec. 115) Prohibits funds from being used to write or issue rules for the sage-grouse pursuant to the Endangered Species Act of 1973.
(Sec. 116) Extends the authorization for certain payments to the Republic of Palau through FY2017.
(Sec. 117) Prohibits fund provided by this bill from being used for the proposed U.S. Fish and Wildlife Service rule entitled "Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska." (The proposed rule would restrict certain hunting practices on National Wildlife Refuges in Alaska.)
(Sec. 118) Prohibits any proposed new use of the Arizona & California Railroad Company's right of way for conveyance of water unless Interior certifies that the use is within the scope of the right of way.
Prohibits funds from being used for any proposal to export groundwater for municipal use or to approve specified rights-of-way or similar authorizations on the Mojave National Preserve or lands managed by the BLM Needles Field Office.
(Sec. 119) Requires Interior to reissue two final rules removing recovered gray wolves in Wyoming and the Great Lakes from the endangered species list. Exempts the reissuances from judicial review.
(Sec. 120) Permits Interior to enter into cooperative agreements with nonprofit organizations designated by the Department of Labor under the Older Americans Act of 1965.
(Sec. 121) Prohibits funds provided by this bill from being used for the proposed Office of Surface Mining Reclamation and Enforcement rule entitled "Stream Protection Rule." (The proposal rule would address the impacts of coal mining on surface water, groundwater, fish, wildlife, and other natural resources by limiting the mining of coal in or through streams, placement of waste in streams, and the generation of mining waste.)
(Sec. 122) Authorizes a land exchange between Alaska and Interior for the purpose of constructing a noncommercial single-lane gravel road between the cities of King Cove and Cold Bay to provide access to emergency medical services via the all-weather airport in Cold Bay.
(Sec. 123) Authorizes Interior to: (1) acquire by donation or purchase from willing sellers lands at the site of the historic Forks in the Road Slave Market, and (2) revise the boundary of the Natchez National Historical Park to include the land.
(Sec. 124) Renames the Olympic Wilderness in Olympic National Park, Washington as the "Daniel J. Evans Wilderness."
(Sec. 125) Requires Interior to conduct a special resource study of specified civil rights sites.
(Sec. 126) Requires Interior to reestablish the Royalty Policy Committee to advise Interior regarding proposed regulations or policies relating to royalty management issues or other mineral-related policies.
(Sec. 127) Requires Interior to revise regulations regarding the continuous operations rule for oil, gas, and sulfur leases in the Outer Continental Shelf (OCS) to increase from 180 days to a year the time allowed between operations for a lease continued beyond its primary term.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Provides appropriations to the Environmental Protection Agency (EPA) for:
Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.
Authorizes the EPA to collect and spend pesticide registration service fees.
Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.
Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.
Permits the EPA to use funds to make grants to federally recognized Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Permits the EPA to use Environmental Programs and Management funds to provide grants to implement the Southeastern New England Watershed Restoration Program.
Rescinds specified unobligated balances from the State and Tribal Assistance Grants account.
TITLE III--RELATED AGENCIES
Provides appropriations to the Department of Agriculture for the Forest Service, including for:
Rescinds specified unobligated balances from the Forest Legacy Program, which were derived from the Land and Water Conservation Fund.
Permits Forest Service appropriations to be used for:
Permits Forest Service appropriations to be transferred to the Wildland Fire Management account for forest fire fighting, emergency rehabilitation of burned-over or damaged lands or waters, and fire preparedness due to severe burning conditions, provided that USDA notifies Congress that all fire suppression funds will be obligated within 30 days. Requires funds used to be replenished by a supplemental appropriation requested as promptly as possible.
Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.
Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.
Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.
Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this bill.
Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).
Limits the use of funds to support the Youth Conservation Corps and the Public Lands Corps.
Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.
Provides matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.
Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.
Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.
Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.
Permits specified funds to be assessed for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.
Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.
Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.
Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:
Provides appropriations to HHS for:
Provides appropriations to Other Related Agencies, including:
TITLE IV--GENERAL PROVISIONS
Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.
(Sec. 401) Prohibits funds provided by this bill from being used to promote public support or opposition to: (1) any legislative proposal before Congress, or (2) any proposed or pending regulation, administrative action, or order issued by an executive branch agency.
(Sec. 402) Prohibits any appropriation contained in this bill from remaining available for obligation beyond the current fiscal year unless expressly permitted in this bill.
(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.
(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.
(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.
(Sec. 406) Limits the use of FY2017 funds for contract support costs on Indian contracts.
(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.
(Sec. 408) Prohibits funds provided by this bill from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument.
(Sec. 409) Restricts land acquisition funds provided by this bill from being used for declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.
(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.
(Sec. 411) Prohibits funds from being used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) including specified rules pertaining to the jurisdiction.
(Sec. 412) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this bill.
(Sec. 413) Requires agencies receiving funds in this bill to post on their public websites any report required to be submitted by Congress if it serves the national interest. Includes exceptions for national security or proprietary information.
(Sec. 414) Prohibits the EPA from taking certain actions to regulate carbon dioxide emissions from forest biomass if the Department Agriculture determines that: (1) the timberland carbon stocks in the relevant region are stable or increasing using specified data; or (2) the forest biomass is derived from mill product manufacturing residuals, harvest residues, biowaste, or certain forest management activities.
(Sec. 415) Establishes grant guidelines for the NEA.
(Sec. 416) Establishes priorities for programs administered by the NEA.
(Sec. 417) Prohibits funds provided by this bill from being used to implement or enforce any regulation that would establish new financial responsibility requirements pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
(Sec. 418) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.
(Sec. 419) Directs the President to submit a comprehensive report to Congress detailing all federal agency funding for climate change programs, projects, and activities in FY2016 and FY2017.
(Sec. 420) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
(Sec. 421) Prohibits the use of any funds to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.
(Sec. 422) Amends the Department of Defense Appropriations Act, 2000 to extend the Dwight D. Eisenhower Memorial Commission. Prohibits the Commission from issuing a solicitation or contract for construction of the memorial for FY2017.
(Sec. 423) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.
(Sec. 424) Extends the authority of the Forest Service to renew certain grazing permits.
(Sec. 425) Amends the Federal Lands Recreation Enhancement Act to extend the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 426) Amends the Healthy Forest Restoration Act of 2003 to make technical corrections to provisions regarding stewardship contracting.
(Sec. 427) Prohibits any funds made available by a drinking water treatment revolving loan fund as authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.
(Sec. 428) Amends the John F. Kennedy Center Act to authorize FY2017 appropriations for the John F. Kennedy Center for the Performing Arts.
(Sec. 429) Amends the Agricultural Act of 2014 to make a technical correction to the Good Neighbor Authority to state that existing roads must be repaired or reconstructed to a satisfactory condition to perform authorized restoration services including removal of timber. (The Good Neighbor Authority permits the Forest Service to enter into cooperative agreements or contracts with states to perform watershed restoration and forest management services on National Forest System lands.)
(Sec. 430) Adjusts the boundaries of the Bob Marshall Wilderness within the Lewis and Clark National Forest.
(Sec. 431) Requires departments and agencies funded by this bill to provide an Inspector General (IG) funded by this bill with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
TITLE V--WILDFIRE DISASTER FUNDING
(Sec. 501) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require specified adjustments to discretionary spending limits in FY2017-FY2026 to accommodate additional appropriations for wildfire suppression operations in the Wildland Fire Management accounts at USDA or Interior.
(Sec. 502) Requires USDA or Interior to submit a request for supplemental appropriations to Congress upon determining that additional funding is necessary for a fiscal year for wildfire suppression operations. Establishes reporting requirements.
(Sec. 503) Express the sense of the Senate that: (1) the amendments made by section 501 fall within the exclusive jurisdiction of the Senate Budget Committee, and (2) the final version of an amendment made by section 501 that makes an adjustment for new budget authority should be prepared in consultation with the committee.
(Sec. 504) Permits wildfire suppression operations funds that are made available pursuant to this title and not expended during the fiscal year to be used for wildfire risk reduction projects, subject to specified restrictions and project priorities. Specifies that, once the funds are made available for wildfire risk reduction projects, no additional funds for wildfire suppression operations may be obligated for the year.
(Sec. 505) Modifies requirements for the preparation of environmental assessments and environmental impact statements under the National Environmental Policy Act of 1969 (NEPA) for certain forest management activities.
(Sec. 506) Requires USDA to use specified funds for the Tongass Transition Framework to conduct a comprehensive inventory of young-growth stands, as recommended by the Tongass Advisory Committee.
Prohibits USDA from issuing a record of decision for any forest plan amendment to the Tongass land and resource management plan dated 2008 that includes transition to young-growth management until: (1) the inventory is completed; and (2) the public is notified and provided a 90-day period to comment regarding the inventory.
Alaska Land Use Council Act
TITLE VI--ALASKA LAND USE COUNCIL ACT
Establishes a new Alaska Land Use Council to facilitate coordination and cooperation among various entities in implementing the Alaska National Interest Lands Conservation Act and other land and resource management laws.
(Sec. 602) Specifies that the purpose of this title is to facilitate enhanced coordination and cooperation among federal, state, and Alaska Native Corporation and tribal land and resource managers in the implementation of the Alaska National Interest Lands Conservation Act and other applicable land and resource management laws.
(Sec. 603) Provides definitions for terms used in this title.
(Sec. 604) Establishes the Alaska Land Use Council and specifies requirements for the composition of the council. Requires the permanent membership of the council to include: the heads of the Alaska offices of specified federal agencies, commissioners of specified Alaska departments, and specified Alaska Native Members.
Specifies requirements regarding advisory members to the council, the election of a presiding officer, the location of an office, meetings, and adopting rules.
(Sec. 605) Establishes requirements for personnel matters related to the council, including compensation of members and the establishment of staff positions. Limits the use of federal funds by the council.
(Sec. 606) Specifies the powers of the council to hold hearings, use certain equipment and personnel from federal agencies, and accept donations.
(Sec. 607) Requires the council to conduct studies and advise federal agencies, the state of Alaska, units of local government, Alaska Native tribes, and Native Corporations with respect to: (1) ongoing, planned, and proposed land and resource uses in the state; and (2) other matters submitted by members of the council.
Requires the council to make recommendations regarding activities under the Alaska National Interest Lands Conservation Act and other laws related to public lands, including recommendations with respect to:
Requires the council to recommend the establishment of cooperative planning zones consisting of areas of the state in which the management of land or resources by one member of the council materially affects the management of land or resources of one or more other members of the council.
Permits federal members of the council to enter into cooperative agreements with federal, state, and local agencies and Native Corporations that provide for mutual consultation, review, and coordination of land and resource management plans and programs within the zones.
Permits Interior or USDA to provide landowners with technical and other assistance for fire control, trespass control, law enforcement, resource use, and planning, with respect to land, water, and interests in land and water that are subject to a cooperative agreement.
Requires federal and state agencies to submit specified information to the council regarding decisions to accept or reject its recommendations.
(Sec. 608) Permits the council to establish and implement a public participation program to assist in carrying out its duties.
(Sec. 609) Terminates the council 15 years after the date of enactment of this title, unless it is extended by Congress. Requires the council to submit to Congress a report detailing its accomplishments and recommendations.
(Sec. 610) Authorizes specified appropriations for the council.
Women's Suffrage Centennial Commission Act
TITLE VII--WOMEN'S SUFFRAGE CENTENNIAL COMMISSION ACT
Authorizes the Women's Suffrage Centennial Commission to commemorate the events that led to women gaining the right to vote, including the passage and ratification of the Nineteenth Amendment to the Constitution.
(Sec. 702) Sets forth congressional findings regarding women's suffrage.
(Sec. 703) Establishes the Women's Suffrage Centennial Commission and specifies requirements for membership and meetings.
(Sec. 704) Specifies duties of the commission related to commemorating the events that led to women gaining the right to vote, including the passage and ratification of the Nineteenth Amendment to the U.S. Constitution.
(Sec. 705) Specifies the powers of the commission with respect to hearings, obtaining information and administrative support services from federal agencies, procurement and contracts, accepting gifts, and awarding grants.
(Sec. 706) Sets forth requirements for personnel matters related to the commission, including travel expenses, compensation, the detail of government employees, the procurement of temporary and intermittent services, and the acceptance of voluntary services.
(Sec. 707) Terminates the commission on the date that is the earlier of: (1) 30 days after the completion of the activities honoring the centennial observation of the passage and ratification of the Nineteenth Amendment; or (2) April 15, 2021.
(Sec. 708) Authorizes appropriations for the commission for FY2017-FY2021. Permits appropriations for the commission to remain available until its termination.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 587.
Referred to the Subcommittee on Federal Lands.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 608.
Read twice and referred to the Committee on the Budget. (Sponsor introductory remarks on measure: CR S422)
Introduced in Senate
Committee on Appropriations. Original measure reported to Senate by Senator Murkowski. With written report No. 114-281.
Committee on Appropriations. Original measure reported to Senate by Senator Murkowski. With written report No. 114-281.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 521.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 597.
Read twice and referred to the Committee on Energy and Natural Resources.
Read twice and referred to the Committee on Energy and Natural Resources.
Read twice and referred to the Committee on the Judiciary.