That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2021, and for other purposes, namely:
Division C — Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021
C Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021
I Department of the Interior
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.
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, with 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 suppression” 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.
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.
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. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used.
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 2021. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.
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.
107.
In fiscal year 2021, 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).
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 2021 shall be—
$10,500 for facilities with no wells, but with processing equipment or gathering lines;
$17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
$31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.
Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2021. Fees for fiscal year 2021 shall be—
$30,500 per inspection for rigs operating in water depths of 500 feet or more; and
$16,700 per inspection for rigs operating in water depths of less than 500 feet.
Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2021. Fees for fiscal year 2021 shall be—
$13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more;
$11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and
$4,470 per inspection for non-rig units operating in water depths of less than 500 feet.
The Secretary shall bill designated operators under subsection (b) quarterly, 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. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter.
108.
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 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) 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.
109.
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.
110.
Notwithstanding any other provision of law, during fiscal year 2021, 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.
111.
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.
Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not—
result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;
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
affect existing contracts for services.
112.
Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act.
113.
114.
The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act.
115.
Section 6906 of title 31, United States Code, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
116.
Subject to subsection (b), for fiscal year 2021 and each fiscal year thereafter, in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR § 585.103, 30 CFR § 550.141; 30 CFR §550.142; 30 CFR § 250.141, or 30 CFR § 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance.
The head of each bureau may exclude confidential business information.
117.
None of the funds made available to the Department of the Interior by this or any other Act may be used to conduct a lease sale pursuant to section 20001(c)(1) of Public Law 115–97 which does not contain a national minimum acceptable bid amount sufficient to produce Federal receipts to the Treasury, net of any state share, of no less than 50 percent of the amount required by section 2001(b) of H. Con. Res. 71, the concurrent resolution on the budget for fiscal year 2018, as agreed to on October 26, 2017.
118.
Beginning in fiscal year 2022 and each fiscal year thereafter, amounts deposited in the National Park Medical Services Fund established pursuant to section 2404(b) of Public Law 116–9 shall be classified as discretionary offsetting receipts.
119.
None of the funds made available in this Act may be used by the Secretary of the Interior or the Bureau of Ocean Energy Management to conduct or authorize oil and gas preleasing, leasing, or related activities, including but not limited to the issuance of permits for geological and geophysical exploration, in any planning area where the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) did not schedule leases.
The restrictions under subsection (a) apply to the formal steps identified by the Department of the Interior and the enabling steps prior to leasing, including the issuance of permits for geological and geophysical exploration.
120.
Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act.
121.
On request of the Commonwealth of Virginia or the District of Columbia, as applicable, the Secretary of the Interior (acting through the Director of the National Park Service) (referred to in this section as the “Secretary”) may convey to the State of Virginia and/or the District of Columbia, subject to any terms and conditions the Secretary deems necessary, any Federal land or interests therein under the jurisdiction of the Secretary that are identified by the Commonwealth of Virginia and/or the District of Columbia as necessary for the Long Bridge Project, which consists of improvements to Long Bridge and related railroad infrastructure between RO Interlocking in Arlington, Virginia and L’Enfant Interlocking near 10th Street SW in the District. The Long Bridge Project will expand commuter and regional passenger rail service and provide bicycle and pedestrian access crossings over the Potomac River. Such conveyance is for the sole purposes of railroad and recreational use. If such conveyance is no longer being used for such purposes, then the lands or interests therein shall revert to the National Park Service after they have been restored and remediated to the satisfaction of the Secretary. The Secretary may also permit the temporary use of any additional land that is identified as necessary for the construction of these projects, subject to any terms and conditions deemed necessary. Notwithstanding any other provision of law, the National Park Service may recover and retain all costs of providing or procuring necessary services associated with the aforementioned conveyances or special use permits and said amounts shall be available to the Service until expended, without further appropriation.
122.
None of the funds provided in this Act or any other Act shall be used to develop or implement a Secretarial Order to create a Bureau to perform the functions or activities of the Office of Special Trustee of American Indians.
123.
None of the funds made available by this Act may be used to nominate or accept a nomination or an expression of interest for oil and gas leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), or conduct any oil and gas leasing, permitting, or exploration activities for any Federal lands or minerals within the areas covered by—
the Final Central Coast Resource Management Plan Amendment for Oil and Gas Leasing and Development published by the Bureau of Land Management in October, 2019;
the Resource Management Plan for the Bakersfield Field Office, published by the Bureau of Land Management in December, 2014; or
the Carrizo Plain National Monument Resource Management Plan, published by the Department of the Interior in April, 2010.
II Environmental protection agency
III Related agencies
IV General provisions
401.
No part of any appropriation contained in this Act shall be available 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 other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
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.
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.
404.
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.
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.
Report— On September 30, 2022, 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).
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.
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 2021.
406.
Amounts provided by this Act for fiscal year 2021 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 2021 with the Bureau of Indian Affairs, Bureau of Indian Education, and 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.
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.
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.
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.
410.
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—
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;
such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
such contract was awarded prior to the date of enactment of this Act.
411.
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.
Subsection (a) shall not apply to a report if—
the public posting of the report compromises national security; or
the report contains proprietary information.
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.
412.
Of the funds provided to the National Endowment for the Arts:
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.
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.
No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects.
413.
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.
In this section:
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.
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.
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.
With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—
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;
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);
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
the Chairperson shall encourage the use of grants to improve and support community-based music performance and education.
414.
Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Arts—Grants and Administration” of this Act and under such heading for fiscal years 2019 and 2020 for grants for the purposes described in section 5(c) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsections (e), (g)(4)(A), and (p)(3) of section 5 of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be waived with respect to such grants.
415.
Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Humanities—Grants and Administration” of this Act and under such heading for fiscal years 2019 and 2020 for grants for the purposes described in section 7(c) and 7(h)(1) of the National Foundation on the Arts and Humanities Act of 1965 may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsection (h)(2)(A) of section 7of the National Foundation on the Arts and Humanities Act of 1965 may be waived with respect to such grants.
416.
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 within 60 days of enactment of this Act.
417.
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 the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2021.
418.
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.
Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
419.
Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the “Secretary concerned”), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals.
The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency.
An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1332)).
A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not—
destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product;
sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or
euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age.
Amounts appropriated by this Act shall not be available for—
the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or
the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product.
420.
Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) shall be applied by substituting “September 30, 2021” for “September 30, 2020”.
421.
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.
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.
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—
applying subsection (a) would be inconsistent with the public interest;
iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
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.
This section shall be applied in a manner consistent with United States obligations under international agreements.
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.
422.
The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations.
423.
Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting “October 1, 2022” for “September 30, 2019”.
424.
None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536).
425.
Not later than April 1, 2021, and each April 1 thereafter, the Secretary of the Interior and the Secretary of Agriculture shall submit to the Committees on Appropriations of the House of Representatives and the Senate prioritized and detailed lists of Federal land acquisition projects, and Forest Legacy projects, that have been identified by each land management Agency.
The Federal land acquisition project lists required by each Agency in subsection (a) shall include individual projects for the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service, and shall total for each agency no less than 150 percent of the amount enacted for that agency for the previous fiscal year.
426.
Section 412 of division E of Public Law 112–74 shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
427.
Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
428.
Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) shall be applied by substituting “September 30, 2021” for “September 30, 2019”.
429.
The authority provided by the 19th unnumbered paragraph under heading “Administrative Provisions, Forest Service” in title III of Public Law 109–54, as amended, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
430.
Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
431.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312; 54 U.S.C. 320101 note) shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.
432.
None of the funds made available by this Act may be used to nominate or accept a nomination or informal expression of interest for oil and gas leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), or to offer for oil and gas leasing, any Federal lands or minerals within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019.
433.
Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall – (1) be consistent with the calendar year or fiscal year basis of the funding agreement or annual funding agreement between the Secretary and Indian tribe or tribal organization under that Act; and (2) commence no earlier that the date of receipt of the lease proposal.
References— None of the funds made available under this Act may be used to compensate an Indian tribe or tribal organization for any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) that is on a calendar year or fiscal year basis and that is received during the 120-day period ending on the last day of the calendar year or fiscal year.
References— None of the funds made available under this Act may be used to compensate an Indian tribe or tribal organization for any portion of a lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) that exceeds the square footage necessary for the operation of the Federal programs under the lease.
434.
None of the funds made available by this Act may be used to plan, design, study, or construct, for the purpose of harvesting timber by private entities or individuals, a forest development road in the Tongass National Forest.
435.
None of the funds appropriated or otherwise made available by this Act may be used to review or approve a mine plan proposed within the Rainy River Watershed of the Superior National Forest.
436.
None of the funds made available by this Act may be used to issue a permit for the import of a sport-hunted trophy of an elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation described in this section shall not apply in the case of the administration of a tax or tariff.
437.
None of the funds made available by this Act may be used to finalize the proposed rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review” published by the Environmental Protection Agency in the Federal Register on September 24, 2019 (84 Fed. Reg. 50244).
438.
Not later than 30 days after the date on which the Comptroller General of the United States notifies the head of a Federal agency that receives funds under this Act of a violation by the Federal agency of section 1341(a), 1342, or 1517(a) of title 31, United States Code, the head of the Federal agency shall submit to the President, Congress, and the Comptroller General of the United States a report that includes—
a description of all relevant facts and a statement of actions taken with respect to the issues identified by the Comptroller General of the United States in the notification; and
the opinion of the head of the Federal agency as to whether a violation of section 1341(a), 1342, or 1517(a) of title 31, United States Code, as applicable, has occurred; and
if it is the opinion of the head of the Federal agency under subparagraph (A) that a violation has occurred, an explanation as to why the violation was not discovered and reported by the head of the Federal agency prior to the date of the notification by the Comptroller General of the United States; or
if it is the opinion of the head of the Federal agency under subparagraph (A) that a violation has not occurred, an explanation for the basis for the determination by the head of the Federal agency.
439.
Notice Required— The head of a Federal agency that receives funds under this Act shall respond timely and completely to requests of the Comptroller General of the United States for access to records or interviews with agency employees. Should the head of a Federal agency fail to provide access to records or interviews within 30 days of the request or by such date as is otherwise specified by the Comptroller General, and in such manner as is acceptable to the Comptroller General, the Comptroller General shall provide the appropriate congressional committees and the head of the Federal agency with notice of the undue delay.
Agency Responses Required— Not later than 30 days after the head of the Federal agency receives a notice under subsection (a), the head of the Federal agency shall respond in writing to the Comptroller General and the appropriate congressional committees with an explanation for the delay and a proposed timetable for providing the requested records or interviews. Not later than 30 days after this response is submitted, and every 30 days thereafter until the Comptroller General informs the appropriate congressional committees that the head of the federal agency has provided access to the requested records or interviews in a manner acceptable to the Comptroller General, the head of the Federal agency shall update the agency’s response in writing.
Relationship to Existing Authority— Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General.
440.
None of the funds made available by this Act may be used to finalize, implement, or enforce the proposed rule entitled “Updating Regulations on Water Quality Certification”, published by the Administrator of the Environmental Protection Agency on August 22, 2019 (84 Fed. Reg. 44080).
441.
None of the funds made available to the National Park Service by this Act may be used for the purchase or display of a Confederate flag with the exception of specific circumstances where the flags provide historical context as described in the National Park Service memorandum entitled ‘‘Immediate Action Required, No Reply Needed: Confederate Flags’’ and dated June 24, 2015.
442.
Notwithstanding any other provision of law or policy to the contrary, within 180 days of enactment of this Act, the National Park Service shall remove from display all physical Confederate commemorative works, such as statues, monuments, sculptures, memorials, and plaques, as defined by NPS, Management Policies 2006, §9.6.1.
443.
Within 90 days of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Appropriations an inventory of all assets under the jurisdiction of the Department of Interior with Confederate names.
444.
Notwithstanding section 200306(a)(2)(B)(iii) of title 54, United States Code, amounts made available under the heading “Department of Agriculture—Forest Service—Land Acquisition” in this and any prior Act may be used for the acquisition of acreage in any location for the National Forest System.
445.
Definitions— In this section:
Secretary— The term “Secretary” means the Secretary of the Interior.
Study Area— The term “Study Area” means the archeological site near Madison Street and the 10th Street Rail Corridor, and other sites in Springfield, Illinois associated with the 1908 Springfield Race Riot.
Special Resource Study—
Study— The Secretary shall conduct a special resource study of the study area.
Contents— In conducting the study under paragraph (1), the Secretary shall—
evaluate the national significance of the study area;
determine the suitability and feasibility of designating the study area as a unit of the National Park System;
consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and non-profit organizations;
consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and
identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.
Applicable Law— The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.
Report— Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the results of the study; and
any conclusions and recommendations of the Secretary.
446.
Contingent upon the enactment of the Great American Outdoors Act (H.R. 1957 of the 116th Congress)—
the Secretary of the Interior shall transfer amounts becoming available for expenditure from the Land and Water Conservation Fund in fiscal year 2021 pursuant to section 200303(a) of title 54, United States Code, as amended by such Act, to the agencies and accounts specified, in the amounts specified, and for the activities specified, in the table titled “Allocation of Funds from the Land and Water Conservation Fund—Fiscal Year 2021” in the report accompanying this Act;
to the extent that the amount becoming available for expenditure in fiscal year 2021 pursuant to such subsection exceeds the total amount specified in the table referenced in this section, such excess amounts shall be transferred to and allocated among the agencies, accounts, and activities in the same proportion as the amounts specified in the table;
all amounts required to be transferred pursuant to this section shall be so transferred not later than 30 days after the date of enactment of this Act, or 30 days after the date of enactment of the Great American Outdoors Act, whichever is later, and such amounts shall be allocated for the activities specified in the report referenced in subsection (a) not later than 15 days after such transfer; and
notwithstanding any other provision of law, the funds allocated in the table referenced in this section shall hereafter be exempt from apportionment under chapter 15 of title 31, United States Code.
447.
None of the funds made available by this Act or any other Act may be used to finalize, implement, administer, or enforce—
the proposed rule entitled “Strengthening Transparency in Regulatory Science” published by the Environmental Protection Agency in the Federal Register on April 30, 2018 (83 Fed. Reg. 18768); or
the supplemental notice of proposed rulemaking entitled ‘‘Strengthening Transparency in Regulatory Science’’ published by the Environmental Protection Agency in the Federal Register on March 18, 2020 (85 Fed. Reg. 15396).
V Additional Infrastructure Investments
501.
None of the funds made available by this Act may be used to withdraw—
the preliminary regulatory determination to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) under section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) that is described in the document entitled “Announcement of Preliminary Regulatory Determinations for Contaminants on the Fourth Drinking Water Contaminant Candidate List” published by the Environmental Protection Agency in the Federal Register on March 10, 2020 (85 Fed. Reg. 14098); or
the proposed rule of the Environmental Protection Agency entitled “Designating PFOA and PFOS as CERCLA Hazardous Substances” (RIN: 2050–AH09).
502.
503.
None of the funds made available by this Act may be used to implement, administer, or enforce the final rule entitled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act” published by the Council on Environmental Quality in the Federal Register on July 16, 2020 (85 Fed. Reg. 1684).
504. Prohibition of oil and gas leasing in the Arctic National Wildlife Refuge
No funds provided in this Act may be used to offer any tracts available for oil and gas leasing in the Arctic National Wildlife Refuge.
505.
None of the funds made available by this Act may be used to enforce the final rule entitled “Hunting and Trapping in National Preserves: Alaska” published by the National Park Service in the Federal Register on June 9, 2020 (86 Fed. Reg. 35181).
506.
None of the funds made available by this Act may be used by the Secretary of the Interior to authorize oil and gas leasing in the Teshekpuk Lake, Colville River, Utukok River Uplands, Kasegaluk Lagoon, or Peard Bay Special Areas defined by the Record of Decision for the National Petroleum Reserve-Alaska Integrated Activity Plan/Environmental Impact Statement signed on February 21, 2013.
507.
None of the funds made available by this division may be used to reject any application for a grant available under funds appropriated by this division because of the use of the term “global warming” or the term “climate change” in the application.
508.
None of the funds made available by this Act may be used to implement the authority to respond to requests in the final rule titled “Freedom of Information Act Regulations Update” published in the Federal Register by the Environmental Protection Agency on June 26, 2019 (84 Fed. Reg. 30028 et seq.).
509.
None of the funds made available by this Act may be used to—
rescind the September 2015 Bureau of Indian Affairs Record of Decision on the Trust Acquisition and Reservation Proclamation for 151 Acres in the City of Taunton, Massachusetts, and 170 Acres in the Town of Mashpee, Massachusetts, for the Mashpee Wampanoag Tribe;
revoke the reservation proclamation Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag (81 Fed. Reg. 948); or
annul the determination that such lands are eligible for gaming under the Indian Gaming Regulatory Act.
510.
None of the funds made available by this Act may be used to finalize, implement, or enforce the proposed rule titled “Review of the National Ambient Air Quality Standards for Particulate Matter” published in the Federal Register by the Environmental Protection Agency on April 30, 2020 (85 Fed. Reg. 24094 et seq.).