Division B — Department of the Interior, environment, and related agencies appropriations act, 2016

S. 2132 · 114th Congress · Oct 5, 2015 · Lineage

B Department of the Interior, environment, and related agencies appropriations act, 2016

I Department of the interior

Sec. 101

Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible.

Sec. 102

The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That, for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire operations” shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.

Sec. 103

Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.

Sec. 104

Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose.

Sec. 105

Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2016. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.

Sec. 106

Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable.

Sec. 107

(a)

In fiscal year 2016, the Secretary shall collect a nonrefundable inspection fee, which shall be deposited in the “Offshore Safety and Environmental Enforcement” account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c).

(b)

Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2016 shall be:

(1)

$10,500 for facilities with no wells, but with processing equipment or gathering lines;

(2)

$17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and

(3)

$31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.

(c)

Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2016. Fees for fiscal year 2016 shall be:

(1)

$30,500 per inspection for rigs operating in water depths of 500 feet or more; and

(2)

$16,700 per inspection for rigs operating in water depths of less than 500 feet.

(d)

The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing.

Sec. 108

The Secretary of the Interior, in order to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in the report accompanying this Act.

Sec. 109

Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year term restriction in subsection (d) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.

Sec. 110

Before the end of the 60-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666 et seq.) and the final rule published on September 10, 2012 (77 Fed. 7 Reg. 55530 et seq.), without regard to any other provision of statute or regulation that applies to issuance of such rules. Such reissuances (including this section) shall not be subject to judicial review.

Sec. 111

The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers.

Sec. 112

(a)

Any proposed new use of the Arizona & California Railroad Company's Right of Way for conveyance of water shall not proceed unless the Secretary of the Interior certifies that the proposed new use is within the scope of the Right of Way as interpreted by the Department's Office of the Solicitor's opinion, Memorandum M–37025, issued on November 4, 2011.

(b)

No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to export groundwater for municipal use, for approval of any right-of-way or similar authorization on the Mojave National Preserve or lands managed by the Needles Field Office of the Bureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval.

Sec. 113

(a)

In General— Subject to subsection (c), the United States Government, through the Secretary of the Interior shall provide to the Government of Palau for fiscal year 2016 grants in amounts equal to the annual amounts specified in subsections (a), (c), and (d) of section 211 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note) (referred to in this section as the “Compact”).

(b)

Programmatic Assistance— Subject to subsection (c), the United States shall provide programmatic assistance to the Republic of Palau for fiscal year 2016 in amounts equal to the amounts provided in subsections (a) and (b)(1) of section 221 of the Compact.

(c)

Limitations on Assistance—

(1)

In general— The grants and programmatic assistance provided under subsections (a) and (b) shall be provided to the same extent and in the same manner as the grants and assistance were provided in fiscal year 2009.

(2)

Trust fund— If the Government of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact, amounts to be provided under subsections (a) and (b) shall be withheld from the Government of Palau.

Sec. 114

On land under the jurisdiction of a State or federally recognized Indian tribe, if State or tribal laws or regulations are in place regarding the process generally understood to encompass hydraulic fracturing or well stimulation for the purpose of production of natural gas and oil, the Bureau of Land Management shall issue to that State or Indian tribe a statewide variance for all wells from the requirements of the final rule entitled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands” (80 Fed. Reg. 16128 (March 26, 2015)).

Sec. 115

None of the funds made available in this Act or any other Act may be used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010: Provided, That nothing in this section shall restrict the Secretary's authorities under sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).

Sec. 116

Section 4 of Public Law 91–357 (16 U.S.C. 18j), as amended, is further amended by striking “$5,000,000” and inserting “$10,000,000”.

Sec. 117

Notwithstanding any other provision of law, during fiscal year 2016, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year.

Sec. 118

Division II of Public Law 104–333 (16 U.S.C. 461 note), as amended, is further amended in sections 208, 310, and 607 by striking “2015” and inserting “2021”.

Sec. 119

None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)—

(1)

a proposed rule for greater sage-grouse (Centrocercus urophasianus);

(2)

a proposed rule for the Columbia basin distinct population segment of greater sage-grouse;

(3)

a final rule for the bi-state distinct population segment of greater sage-grouse; or

(4)

a final rule for Gunnison sage-grouse (Centrocercus minimus).

Sec. 120

Section 117 of Division G of Public Law 113–76 is amended by striking “and 2015” and inserting “through 2016”.

Sec. 121

Section 123 of Division G of Public Law 113–76 is amended by striking “and 2015” and inserting “through 2016”.

Sec. 122

(a)

Section 5 of Public Law 95–348 is amended by striking “not to exceed $3,000,000” and inserting “such sums as may be necessary for the purposes of this Section”.

(b)

Section 204 of Public Law 93–486, as amended by section 1(3) of Public Law 100–355, is further amended by striking “, but not to exceed $2,000,000”.

Sec. 123

Section 3(b)(2)(C) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking “2016” and inserting “2017”.

Sec. 124

(a)

Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under Title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law.

(b)

Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not—

(1)

result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;

(2)

result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or

(3)

affect existing contracts for services.

Sec. 125

Section 3096(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by inserting “for fiscal year 2015” after “$37,000,000”.

Sec. 126

The annual budget request submitted by the Roosevelt Campobello International Park Commission shall hereafter be directly submitted to Congress unchanged by the National Park Service. The Service may comment on the Commission's budget request with such additions and subtractions that the Service may propose. There shall be no diminution of the amount appropriated for the Commission, unless specified by Congress in the annual appropriations bill or the report to accompany the bill.

Sec. 127

(a)

Finding— Congress finds that the land exchange required under this section (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest.

(b)

Definitions— In this section:

(1)

Federal land—

(A)

In general— The term Federal land means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled “Project Area Map” and dated September 2012.

(B)

Inclusion— The term Federal land includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with subsection (c)(2).

(2)

Non-federal land— The term non-Federal land means the approximately 43,093 acres of land owned by the State as depicted on the map entitled “Project Area Map” and dated September 2012.

(3)

Refuge— The term Refuge means the Izembek National Wildlife Refuge in the State.

(4)

Road corridor— The term road corridor means the road corridor designated under subsection (c)(2)(A).

(5)

Secretary— The term Secretary means the Secretary of the Interior.

(6)

State— The term State means the State of Alaska.

(7)

Wilderness— The term Wilderness means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96–487).

(c)

Land exchange required—

(1)

In general— If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal Land.

(2)

Use of federal land— The Federal land shall be conveyed to the State for the purposes of—

(A)

designating a road corridor through the Refuge; and

(B)

constructing a noncommercial single-lane gravel road along the road corridor between the cities of King Cove and Cold Bay in the State to provide access to emergency medical services via the all-weather airport in Cold Bay.

(3)

Valuation, appraisals, and equalization—

(A)

In general— The value of the Federal land and the non-Federal land to be exchanged under this section—

(i)

shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or

(ii)

if not equal, shall be equalized in accordance with subparagraph (C).

(B)

Appraisals—

(i)

In general— As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land.

(ii)

Requirements— The appraisals required under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—

(I)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(II)

the Uniform Standards of Professional Appraisal Practice.

(C)

Equalization—

(i)

Surplus of federal land— If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized—

(I)

by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary;

(II)

by the State making a cash payment to the United States; or

(III)

by using a combination of the methods described in subclauses (I) and (II).

(ii)

Surplus of non-federal land— If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed.

(iii)

Amount of payment— Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under clause (i)(II) in excess of 25 percent of the value of the Federal land conveyed.

(4)

Administration— On completion of the exchange of Federal land and non-Federal land under this section—

(A)

the boundary of the Wilderness shall be modified to exclude the Federal land; and

(B)

the non-Federal land shall be—

(i)

added to the Wilderness; and

(ii)

administered in accordance with—

(I)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(II)

other applicable laws.

(5)

Deadline— The land exchange under this section shall be completed not later than 90 days after the date of enactment of this Act.

(d)

Route of road corridor— The route of the road corridor shall follow the southern road alignment as described in the alternative entitled “Alternative 2-Land Exchange and Southern Road Alignment” in the final environmental impact statement entitled “Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement” and dated February 5, 2013.

(e)

Requirements relating to road— The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1180) shall apply to the road constructed in the road corridor.

(f)

Effect— The exchange of Federal land and non-Federal land under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Sec. 128

None of the funds made available by this Act shall be used to implement or enforce the threatened species listing of the lesser prairie chicken under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

II Environmental protection agency

III Related agencies

IV General provisions

Sec. 401

No part of any appropriation contained in this Act shall be available:

(1)

for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete or other than to communicate to Members of Congress as described in 18 U.S.C. 1913; or,

(2)

for publicity or propaganda purposes for the preparation, distribution or use of any communication designed to support or defeat any proposed or pending regulation, administrative action, or order issued by an executive branch agency, except in presentation to the executive branch itself or to Congress.

Sec. 402

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 403

The amount and basis of estimated overhead charges, deductions, reserves or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval.

Sec. 404

(a)

Limitation of Funds— None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.

(b)

Exceptions— Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date.

(c)

Report— On September 30, 2017, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208).

(d)

Mineral Examinations— In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors.

Sec. 405

Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235) shall continue in effect in fiscal year 2016.

Sec. 406

Amounts provided by this Act for fiscal year 2016 under the headings “Department of Health and Human Services, Indian Health Service, Contract Support Costs” and “Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs” are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2016 with the Bureau of Indian Affairs or the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years.

Sec. 407

The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.

Sec. 408

No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument.

Sec. 409

Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.

Sec. 410

No timber sale in Alaska's Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service's appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder.

Sec. 411

None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless—

(1)

Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or

(2)

such contract is authorized by the Indian Self-Determination and Education and Assistance Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or

(3)

such contract was awarded prior to the date of enactment of this Act.

Sec. 412

(a)

Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.

(b)

Subsection (a) shall not apply to a report if—

(1)

the public posting of the report compromises national security; or

(2)

the report contains proprietary information.

(c)

The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

Sec. 413

Of the funds provided to the National Endowment for the Arts—

(1)

The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship.

(2)

The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.

(3)

No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs and/or projects.

Sec. 414

(a)

In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations.

(b)

In this section:

(1)

The term “underserved population” means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation.

(2)

The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.

(c)

In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts.

(d)

With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—

(1)

the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States;

(2)

the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1);

(3)

the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and

(4)

the Chairperson shall encourage the use of grants to improve and support community-based music performance and education.

Sec. 415

The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity.

Sec. 416

Not later than 120 days after the date on which the President's fiscal year 2017 budget request is submitted to the Congress, the President shall submit a comprehensive report to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding, domestic and international, for climate change programs, projects, and activities in fiscal years 2015 and 2016, including an accounting of funding by agency with each agency identifying climate change programs, projects, and activities and associated costs by line item as presented in the President's Budget Appendix, and including citations and linkages where practicable to each strategic plan that is driving funding within each climate change program, project, and activity listed in the report.

Sec. 417

None of the funds made available by this Act, or any other Act for any fiscal year, shall be used to develop, propose, finalize, implement, or enforce section 111(d)(2) of the Clean Air Act (42 U.S.C. 7411(d)(2)) in the case of States that have failed to submit a satisfactory plan to implement section 111(d)(1) of that Act (42 U.S.C. 7411(d)(1)), in the case of any air pollutant being regulated as part of any proposed or final rule to address carbon dioxide emissions from existing sources that are fossil fuel-fired electric utility generating units under section 111 of that Act (42 U.S.C. 7411), including any final rule that succeeds—

(1)

the proposed rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” (79 Fed. Reg. 34830 (June 18, 2014)); or

(2)

the supplemental proposed rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships” (79 Fed. Reg. 65482 (November 4, 2014)).

Sec. 418

Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

Sec. 419

Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems.

Sec. 420

Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking “September 30, 2016” and inserting “September 30, 2017”.

Sec. 421

None of the funds made available in this Act or any other Act for any fiscal year may be used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251, et seq.), including the provisions of the rules dated November 13, 1986 and August 25, 1993, relating to said jurisdiction, and the guidance documents dated January 15, 2003 and December 2, 2008, relating to said jurisdiction.

Sec. 422

(a)

Section 8162(m)(3) of the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106–79) is amended by striking “September 30, 2015” and inserting “September 30, 2016”.

(b)

For fiscal year 2016, the authority provided by the provisos under the heading “Dwight D. Eisenhower Memorial Commission—Capital Construction” in division E of Public Law 112–74 shall not be in effect.

Sec. 423

(a)

(1)

None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.

(2)

In this section, the term “iron and steel” products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

(b)

Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the “Administrator”) finds that—

(1)

applying subsection (a) would be inconsistent with the public interest;

(2)

iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3)

inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(c)

If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.

(d)

This section shall be applied in a manner consistent with United States obligations under international agreements.

(e)

The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.

(f)

This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act.

Sec. 424

None of the funds made available by this Act, or any other Act for any fiscal year, shall be used to develop, adopt, implement, administer, or enforce a national primary or secondary ambient air quality standard for ozone that is lower than the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2015), until at least 85 percent of the counties that, as of January 30, 2015, were in nonattainment areas under the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2015), achieve full compliance with that standard.

Sec. 425

None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.

Sec. 426

Section 412 of Division E of Public Law 112–74 is amended by striking “fiscal year 2015,” and inserting “fiscal year 2017,”.

Sec. 427

Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 note) is amended by striking “2015” and inserting “2017”.

Sec. 428

(a)

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

“(s) Prohibition on sewage dumping into the great lakes

“(1) Definitions—In this subsection:

“(A) Bypass—The term bypass means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes.

“(B) Discharge

“(i) In general—The term discharge means a direct or indirect discharge of untreated sewage or partially treated sewage from a treatment works into the Great Lakes or a tributary of the Great Lakes.

“(ii) Inclusions—The term discharge includes a bypass and a combined sewer overflow.

“(C) Great lakes—The term Great Lakes has the meaning given the term in section 118(a)(3).

“(D) Partially treated sewage—The term partially treated sewage means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that—

“(i) is not treated to national secondary treatment standards for wastewater; or

“(ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit.

“(E) Treatment facility—The term treatment facility includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions.

“(F) Treatment works—The term treatment works has the meaning given the term in section 212.

“(2) Prohibition—A publicly owned treatment works is prohibited from performing a bypass unless—

“(A)

“(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;

“(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and

“(iii) the treatment works provides notice of the bypass in accordance with this subsection; or

“(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility.

“(3) Limitation—The requirement of paragraph (2)(A)(ii) is not satisfied if—

“(A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and

“(B) the bypass occurred during normal periods of equipment downtime or preventive maintenance.

“(4) Immediate notice requirements

“(A) In general—The Administrator shall work with States having publicly owned treatment works subject to the requirements of this subsection to create immediate notice requirements in the event of discharge that provide for the method, contents, and requirements for public availability of the notice.

“(B) Minimum requirements

“(i) In general—At a minimum, the contents of the notice shall include—

“(I) the exact dates and times of the discharge;

“(II) the volume of the discharge; and

“(III) a description of any public access areas impacted.

“(ii) Consistency—Minimum requirements shall be consistent for all States.

“(C) Additional requirements—The Administrator and States described in subparagraph (A) shall include—

“(i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; and

“(ii) annual publication requirements that list each treatment works from which the Administrator or the State receive a follow-up notice.

“(D) Timing—The notice and publication requirements described in this paragraph shall be implemented not later than 2 years after the date of enactment of this subsection.

“(5) Sewage blending—Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge.

“(6) Implementation—As soon as practicable, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection.

“(7) Increase in maximum civil penalty for violations occurring after january 1, 2035—Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs.

“(8) Applicability—This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection.”

(b)

Great lakes cleanup fund—

(1)

Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended—

(A)

by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and

(B)

by inserting after section 518 (33 U.S.C. 1377) the following:

“519. Establishment of great lakes cleanup fund

“(a) Definitions—In this section:

“(1) Fund—The term Fund means the Great Lakes Cleanup Fund established by subsection (b).

“(2) Great lakes; great lakes states—The terms “Great Lakes” and “Great Lakes States” have the meanings given the terms in section 118(a)(3).

“(b) Establishment of fund—There is established in the Treasury of the United States a trust fund to be known as the “Great Lakes Cleanup Fund” (referred to in this section as the “Fund”).

“(c) Transfers to fund—Effective January 1, 2035, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s).

“(d) Administration of fund—The Administrator shall administer the Fund.

“(e) Use of funds—The Administrator shall—

“(1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and

“(2) allocate those amounts among the Great Lakes States based on the proportion that—

“(A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to

“(B) the total amount of those penalties attributable to all Great Lakes States.

“(f) Priority—In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties.”

(2)

Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended—

(A)

by striking “There is” and inserting “(a) In General.—There is”; and

(B)

by adding at the end the following:

“(b) Treatment of great lakes cleanup fund—For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519.”

Sec. 429

Section 604(d) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591), as amended by the Agricultural Act of 2014 (Public Law 113–79), is further amended—

(a)

in paragraph (5), by adding at the end the following: “Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), the Director may enter into an agreement or contract under subsection (b).”; and

(b)

in paragraph (7), by striking “and the Director”.

Sec. 430

The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2016.

Sec. 431

None of the funds made available by this Act may be used to develop, propose, finalize, implement, enforce, or administer any regulation that would establish new financial responsibility requirements pursuant to section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)).

Sec. 432

None of the funds made available in this Act may be used by any Federal agency to develop, adopt, implement, enforce, or administer guidance or regulations published in (1) 79 Fed. Reg. 77,802 dated December 24, 2014; and (2) 79 Fed. Reg. 76,986, dated December 23, 2014.

Sec. 433

Section 8206(b)(2) of the Agricultural Act of 2014 (16 USC 2113a(b)(2)) is amended by adding at the end of the following:

“(C) Forest Development Roads

“(i) In general—Notwithstanding subsection (a)(3)(B), existing roads shall be repaired or reconstructed to a satisfactory condition to perform authorized restoration services including removal of timber.”

V Wildfire disaster funding

Sec. 501 Wildfire disaster funding authority

(a)

Disaster funding— Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended—

(1)

in clause (i)—

(A)

in subclause (I), by striking “and” at the end and inserting “plus”;

(B)

in subclause (II), by striking the period at the end and inserting “; less”; and

(C)

by adding the following:

“(III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.”

(2)

by adding at the end the following:

“(v) Beginning in fiscal year 2018, and for each fiscal year thereafter, the calculation of the “average funding provided for disaster relief over the previous 10 years” shall include, for each year within that average, the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.”

(b)

Wildfire suppression— Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following:

“(E) Wildfire suppression

“(i) Definitions—In this subparagraph:

“(I) Additional new budget authority—The term additional new budget authority means the amount provided for a fiscal year in an appropriation Act that is—

“(aa) in excess of 100 percent of the average costs for wildfire suppression operations over the previous 10 years; and

“(bb) specified to pay for the costs of wildfire suppression operations.

“(II) Wildfire suppression operations—The term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting, including—

“(aa) support, response, and emergency stabilization activities;

“(bb) other emergency management activities; and

“(cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.

“(ii) Additional new budget authority—If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—

“(I) for fiscal year 2016, $1,460,000,000 in additional new budget authority;

“(II) for fiscal year 2017, $1,557,000,000 in additional new budget authority;

“(III) for fiscal year 2018, $1,778,000,000 in additional new budget authority;

“(IV) for fiscal year 2019, $2,030,000,000 in additional new budget authority;

“(V) for fiscal year 2020, $2,319,000,000 in additional new budget authority; and

“(VI) for fiscal year 2021, $2,650,000,000 in additional new budget authority.

“(iii) Average cost calculation—The average costs for wildfire suppression operations over the previous 10 years shall be calculated annually and reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for each fiscal year.”

Sec. 502 Reporting requirements

(a)

Supplemental appropriations— If the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations, a request for the supplemental appropriations shall promptly be submitted to Congress.

(b)

Notice of need for additional funds— Prior to the obligation of any of the additional new budget authority for wildfire suppression operations specified for purposes of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall submit to the Committees on Appropriations and the Budget of the House of Representatives and the Committees on Appropriations and the Budget of the Senate written notification that describes—

(1)

that the amount for wildfire suppression operations to meet the terms of section 251(b)(2)(E) of that Act for that fiscal year will be exhausted imminently; and

(2)

the need for additional new budget authority for wildfire suppression operations.

(c)

Accounting, reports and accountability—

(1)

Accounting and reporting requirements— For each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall account for and report on the amounts used from the additional new budget authority for wildfire suppression operations provided to the Secretary of the Interior or Secretary of Agriculture, as applicable, in an appropriations Act pursuant to section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(E)(ii)).

(2)

Annual report—

(A)

In general— Not later than 180 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall—

(i)

prepare an annual report with respect to the additional new budget authority;

(ii)

submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under clause (i); and

(iii)

make the report prepared under clause (i) available to the public.

(B)

Components— The annual report prepared under subparagraph (A) shall—

(i)

document risk-based factors that influenced management decisions with respect to wildfire suppression operations;

(ii)

analyze a statistically significant sample of large fires, including an analysis for each fire of—

(I)

cost drivers;

(II)

the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment;

(III)

any resulting ecological or other benefits to the landscape;

(IV)

the impact of investments in wildfire suppression operations preparedness;

(V)

effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested;

(VI)

effectiveness of any fuel treatments on fire behavior and suppression expenditures;

(VII)

suggested corrective actions; and

(VIII)

any other factors the Secretary of the Interior or Secretary of Agriculture determines to be appropriate;

(iii)

include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors;

(iv)

describe any lessons learned in the conduct of wildfire suppression operations; and

(v)

include any other elements that the Secretary of the Interior or the Secretary of Agriculture determines to be necessary.