Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024
This bill provides FY2024 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and several related agencies.
The bill provides appropriations to Interior for
The bill also provides appropriations to the EPA and the Forest Service.
Within the Department of Health and Human Services, the bill provides appropriations for
The bill provides appropriations to several related agencies, including
Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4821 Reported in House (RH)]
<DOC>
Union Calendar No. 123
118th CONGRESS
1st Session
H. R. 4821
[Report No. 118-155]
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2023
Mr. Simpson, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2024, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, 2024, and for
other purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,180,645,000, to remain available until September 30, 2025; of which
$57,140,250 for annual maintenance and deferred maintenance programs
and $154,787,000 for the wild horse and burro program, as authorized by
Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available
until expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas applications for
permits to drill and related use of authorizations: Provided further,
That of the amounts made available under this heading, up to $3,500,000
may be made available for the purposes described in section
122(e)(1)(A) of division G of Public Law 115-31 (43 U.S.C.
1748c(e)(1)(A)).
In addition, $35,000,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2024, so as to result in a final appropriation estimated at
not more than $1,170,645,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$60,000,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,340,019,000, to remain
available until September 30, 2025: Provided, That not to exceed
$21,058,200 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of
such section).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$15,000,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $22,000,000, to remain available
until expended, to be derived from the Cooperative Endangered Species
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$48,500,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $20,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian Tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $72,612,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,200,000 is for a competitive grant program for Indian Tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,612,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,812,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary of the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio to which
the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not
exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2024 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2025, shall be reapportioned,
together with funds appropriated in 2026, in the manner provided
herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed one dollar for each option; facilities incident to such
public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,654,000,000, of which $11,661,000 shall be for planning and
interagency coordination in support of Everglades restoration, and
$15,000,000 shall be for uses authorized by section 101122 of title 54,
United States Code, to remain available until September 30, 2025:
Provided, That funds appropriated under this heading are available for
the purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9 of the 400 Years of African-American History
Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$2,500,000 of the funds provided under this heading shall be made
available for the purposes specified by that Act.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $80,000,000, to
remain available until September 30, 2025.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $175,400,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2025, of which $26,500,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $30,250,000 is for the
Competitive Grants Subactivity; $11,000,000 is for grants to
Historically Black Colleges and Universities; $12,500,000 is for
competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historic Preservation Act;
and $10,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation: Provided
further, That such competitive grants shall be made without imposing
the matching requirements in section 302902(b)(3) of title 54, United
States Code, to States and Indian Tribes as defined in chapter 3003 of
such title, Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for
programs and areas administered by the National Park Service,
$114,600,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2024 with a future phase indicated in the
National Park Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort for
projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized under this heading.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,347,460,000,
to remain available until September 30, 2025; of which $84,788,000
shall remain available until expended for satellite operations; and of
which $39,030,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations conducted in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein may be accomplished through the use of contracts,
grants, or cooperative agreements (including noncompetitive cooperative
agreements with Tribes) as defined in section 6302 of title 31, United
States Code: Provided further, That the United States Geological
Survey may enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$210,000,000, of which $154,000,000 is to remain available until
September 30, 2025, and of which $56,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2024
appropriation estimated at not more than $154,000,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $172,000,000, of which $141,000,000 is to
remain available until September 30, 2025, and of which $31,000,000 is
to remain available until expended, including $3,000,000 for offshore
decommissioning activities: Provided, That this total appropriation
shall be reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2024 appropriation estimated at not more than $144,000,000.
For an additional amount, $33,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2024, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $33,000,000, the amounts realized in excess
of $33,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2024,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of
the Oil Pollution Act of 1990, $15,099,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$108,923,000, to remain available until September 30, 2025, of which
$65,000,000 shall be available for State and Tribal regulatory grants:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and Tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2024 appropriation estimated at not more than
$108,923,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $34,000,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and Tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $136,000,000, to remain available until expended, for
payments to States and federally recognized Indian Tribes for
reclamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the report
accompanying this Act: Provided, That such additional amount shall be
used for economic and community development in conjunction with the
priorities described in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $89,042,000 shall be distributed in
equal amounts to the three Appalachian States with the greatest amount
of unfunded needs to meet the priorities described in paragraphs (1)
and (2) of such section, $35,218,000 shall be distributed in equal
amounts to the three Appalachian States with the subsequent greatest
amount of unfunded needs to meet such priorities, and $11,740,000 shall
be for grants to federally recognized Indian Tribes, without regard to
their status as certified or uncertified under the Surface Mining
Control and Reclamation Act of 1977, for reclamation of abandoned mine
lands and other related activities in accordance with the terms and
conditions described in the report accompanying this Act and shall be
used for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977: Provided further, That such payments shall be
made to States and federally recognized Indian Tribes not later than 90
days after the date of the enactment of this Act: Provided further,
That if payments have not been made by the date specified in the
preceding proviso, the amount appropriated for salaries and expenses
under the heading ``Office of Surface Mining Reclamation and
Enforcement'' shall be reduced by $100,000 per day until such payments
have been made.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $2,010,574,000, to remain
available until September 30, 2025, except as otherwise provided
herein; of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,494,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap
for welfare payments from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian Tribes and Tribal
organizations of federally recognized Indian Tribes may use their
Tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $83,402,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, hearings and appeals, and the Navajo-Hopi Settlement
Program: Provided further, That any forestry funds allocated to a
federally recognized Tribe which remain unobligated as of September 30,
2025, may be transferred during fiscal year 2026 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2026: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel:
Provided further, That not to exceed $7,096,000 in funds for trust,
probate, and administrative functions may, as needed, be transferred to
the Office of the Secretary, ``Departmental Operations'' account:
Provided further, That the Bureau of Indian Affairs may accept
transfers of funds from United States Customs and Border Protection to
supplement any other funding available for reconstruction or repair of
roads owned by the Bureau of Indian Affairs as identified on the
National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to Tribes and Tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2024, such sums as may be
necessary, which shall be available for obligation through September
30, 2025: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
payments for tribal leases
For payments to Tribes and Tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024, such sums as
may be necessary, which shall be available for obligation through
September 30, 2025: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $153,309,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Bureau of Trust Fund Administration
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation:
Provided further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-322; 130
Stat. 1749): Provided further, That amounts provided under this
heading are made available for the modernization of Federal field
communication capabilities, in addition to amounts otherwise made
available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264 and 116-260, and for implementation of other land
and water rights settlements, $825,000, to remain available until
expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,744,000, to
remain available until September 30, 2025, of which $2,680,000 is for
administrative expenses, as authorized by the Indian Financing Act of
1974: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed
or insured, not to exceed $150,213,551.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,131,617,000 to remain
available until September 30, 2025, except as otherwise provided
herein: Provided, That federally recognized Indian Tribes and Tribal
organizations of federally recognized Indian Tribes may use their
Tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $833,592,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2024, and shall remain available until
September 30, 2025: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$95,822,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2024: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$267,887,000 to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any Tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that Tribe, or the government-to-government
relationship between the United States and that Tribe, or that Tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian Tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the Tribal government which exclusively serve
Tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for
such assets that are not owned by the Bureau: Provided further, That
the term ``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50 miles but
that forms part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in Tribal priority
allocations initiated by an Indian Tribe.
Bureau of Trust Funds Administration
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$104,176,000, to remain available until expended, of which not to
exceed $17,867,000 from this or any other Act, may be available for
settlement support: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2024, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $100,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Bureau of Trust Funds Administration receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further, That
with respect to the preceding proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $67,942,000, to remain available until September 30, 2025; of
which not to exceed $15,000 may be for official reception and
representation expenses; of which up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $14,958,000 for Indian land, mineral, and
resource valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource valuation
activities may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts and the
Bureau of Trust Funds Administration ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2024, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2024, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $107,857,000, of
which: (1) $97,640,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $10,217,000 shall be available until
September 30, 2025, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $1,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $90,945,000,
to remain available until September 30, 2025.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$64,000,000, to remain available until September 30, 2025.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $1,097,443,000, to remain available until expended, of
which not to exceed $12,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $247,000,000 is for fuels
management activities: Provided further, That persons hired pursuant
to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost
from funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., protection of United States property, may be
credited to the appropriation from which funds were expended to provide
that protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels management
activities, and for training and monitoring associated with such fuels
management activities on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided
further, That the costs of implementing any cooperative agreement
between the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels management
activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups; (3) small or
micro-businesses; or (4) other entities that will hire or train locally
a significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into leases of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire facilities
on such leased properties, including but not limited to fire guard
stations, retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That of the funds provided under this heading,
$383,657,000 shall be available for wildfire suppression operations,
and is provided to meet the terms of section 251(b)(2)(F)(ii)(I) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $350,000,000, to remain available
until transferred, is additional new budget authority specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland Fire
Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are transferred:
Provided further, That amounts may be transferred to the ``Wildland
Fire Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $9,000,000, to remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704 of Public
Law 117-58 (30 U.S.C. 1245), and carry out the purposes of section 349
of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, to remain available until expended: Provided, That such
amount shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer the
funds provided under this heading in this Act to any other account in
the Department to carry out such purposes, and may expend such funds
directly, or through grants: Provided further, That these amounts are
not available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations
agreed to in settlement or imposed by a court, whether for payment of
funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,750,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, data management, information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $89,758,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other Act may be
used to establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment without
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Secretary
of the Interior may assess reasonable charges to State, local, and
Tribal government employees for training services provided by the
National Indian Program Training Center, other than training related to
Public Law 93-638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training Center to
State, local and Tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural Resource
Revenue's collection and disbursement of royalties, fees, and other
mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$157,440,000, to remain available until September 30, 2025; of which
$71,251,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or Tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
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 of the Interior, 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 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.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior 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.
authorized use of funds
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
of the Interior, 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.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
``Bureau of Indian Affairs,'' ``Bureau of Indian Education,'' and
``Bureau of Trust Funds Administration'' 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 settlement support 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.
redistribution of funds, bureau of indian affairs
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
2024. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
outer continental shelf inspection fees
Sec. 106. (a) In fiscal year 2024, the Secretary of the Interior
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 2024 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 2024. Fees for fiscal year 2024 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) 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 2024. Fees for
fiscal year 2024 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) 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.
contracts and agreements for wild horse and burro holding facilities
Sec. 107. 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.
mass marking of salmonids
Sec. 108. 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.
contracts and agreements with indian affairs
Sec. 109. Notwithstanding any other provision of law, during
fiscal year 2024, 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.
department of the interior experienced services program
Sec. 110. (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.
obligation of funds
Sec. 111. 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.
separation of accounts
Sec. 112. 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.
payments in lieu of taxes (pilt)
Sec. 113. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
interagency motor pool
Sec. 114. 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.
appraiser pay authority
Sec. 115. For fiscal year 2024, funds made available in this or
any other Act or otherwise made available to the Department of the
Interior for the Appraisal and Valuation Services Office may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the
Appraiser (GS-1171) job series at grades 11 through 15 carrying out
appraisals of real property and appraisal reviews conducted in support
of the Department's realty programs at rates no greater than 15 percent
above the minimum rates of basic pay normally scheduled, and such
higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 116. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)--
(1) to write or issue a proposed or final rule with regard
to--
(A) the greater sage-grouse (Centrocercus
urophasianus);
(B) the Columbia Basin Distinct Population Segment
of greater sage-grouse; or
(C) the Bi-State Distinct Population Segment of
greater sage-grouse; or
(2) to implement, administer, or enforce--
(A) the rule submitted by the United States Fish
and Wildlife Service relating to ``Endangered and
Threatened Wildlife and Plants; Designation of Critical
Habitat for the Bi-State Distinct Population Segment of
Greater Sage-Grouse'' (78 Fed. Reg. 64327; published
October 28, 2013);
(B) the rule submitted by the United States Fish
and Wildlife Service relating to ``Endangered and
Threatened Wildlife and Plants; Threatened Status for
the Bi-State Distinct Population Segment of Greater
Sage-Grouse With Special Rule'' (78 Fed. Reg. 64357;
published October 28, 2013); or
(C) the rule submitted by the United States Fish
and Wildlife Service relating to ``Endangered and
Threatened Wildlife and Plants; Threatened Status for
the Bi-State Distinct Population Segment of Greater
Sage-Grouse With Section 4(d) Rule and Designation of
Critical Habitat'' (88 Fed. Reg. 25613; published April
27, 2023).
state conservation grants
Sec. 117. For expenses necessary to carry out section 200305 of
title 54, United States Code, the National Park Service may retain up
to 7 percent of the State Conservation Grants program to provide to
States, the District of Columbia, and insular areas, as matching grants
to support State program administrative costs.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development,
$560,707,000, to remain available until September 30, 2025: Provided,
That of the funds included under this heading, $19,475,000 shall be for
Research: National Priorities as specified in the report accompanying
this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$2,428,959,000, to remain available until September 30, 2025: Provided
further, That of the funds included under this heading--
(1) $35,000,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying
this Act;
(2) $651,226,000 shall be for Geographic Programs as
specified in the report accompanying this Act.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2024 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2024 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2024, so as to result in a final fiscal year 2024
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $9,000,000, those amounts in excess of $9,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2024, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,030,000, to remain available until September 30, 2025.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $24,000,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $355,856,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2023, and not otherwise appropriated
from the Trust Fund, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$355,856,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under this
heading, $13,847,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2025,
and $31,928,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2025.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $83,885,000, to remain available until expended, of which
$60,691,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; and $23,194,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian Tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $19,865,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,583,858,000, to remain available until expended,
of which--
(1) $535,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $460,611,000
shall be for making capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act: Provided, That $470,139,492 of the funds
made available for capitalization grants for the Clean Water
State Revolving Funds and $410,309,777 of the funds made
available for capitalization grants for the Drinking Water
State Revolving Funds shall be for the construction of drinking
water, wastewater, and storm water infrastructure and for water
quality protection in accordance with the terms and conditions
specified for such grants in the report accompanying this Act
for projects specified for ``STAG--Drinking Water State
Revolving Fund'' and ``STAG--Clean Water State Revolving Fund''
in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items'' included in the report
accompanying this Act, and, for purposes of these grants, each
grantee shall contribute not less than 20 percent of the cost
of the project unless the grantee is approved for a waiver by
the Agency: Provided further, That the Administrator is
authorized to use up to $1,500,000 of funds made available for
the Clean Water State Revolving Funds under this heading under
title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381) to conduct the Clean Watersheds Needs Survey: Provided
further, That notwithstanding section 603(d)(7) of the Federal
Water Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2024 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2024, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of section 201
of the Federal Water Pollution Control Act, grants made under
title II of such Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2024, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2024, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c)
of such Act: Provided further, That for fiscal year 2024,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian Tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2024, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds
appropriated, or $20,000,000, for State Revolving Funds under
such Acts may be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts: Provided
further, That for fiscal year 2024, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of
the Act, may be reserved by the Administrator for grants made
under title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided further,
That for fiscal year 2024, notwithstanding the limitations on
amounts specified in section 1452(j) of the Safe Drinking Water
Act, up to 1.5 percent of the funds appropriated for the
Drinking Water State Revolving Fund programs under the Safe
Drinking Water Act may be reserved by the Administrator for
grants made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That 10 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient or to
buy, refinance, or restructure the debt obligations of eligible
recipients only where such debt was incurred on or after the
date of enactment of this Act, or where such debt was incurred
prior to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal
or State emergency declaration has been issued due to a threat
to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients: Provided further, That notwithstanding section
1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)),
the Administrator shall reserve up to $12,000,000 of the
amounts made available for fiscal year 2024 for making
capitalization grants for the Drinking Water State Revolving
Funds to pay the costs of monitoring for unregulated
contaminants under section 1445(a)(2)(C) of such Act;
(2) $29,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the southwestern United
States, after consultation with the appropriate commission:
Provided, That no funds made available by this Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States located in the
southwestern United States shall be made available to a county
or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $30,558,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) (42 U.S.C. 9604(k)), including
grants, interagency agreements, and associated program support
costs: Provided, That at least 10 percent shall be allocated
for assistance in persistent poverty counties: Provided
further, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most
recent Small Area Income and Poverty Estimates, or any
territory or possession of the United States;
(5) $105,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act;
(7) $23,221,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(8) $30,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $25,011,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $7,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $27,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(12) $5,000,000 shall be for grants under section 224 of
the Federal Water Pollution Control Act (33 U.S.C. 1302b);
(13) $5,000,000 shall be for grants under section 226 of
the Federal Water Pollution Control Act (33 U.S.C. 1302d);
(14) $3,000,000 shall be for grants under section 227 of
the Federal Water Pollution Control Act (33 U.S.C. 1302e);
(15) $3,000,000 shall be for grants under section 220 of
the Federal Water Pollution Control Act (33 U.S.C. 1300);
(16) $50,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(17) $2,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (42 U.S.C.
300j-19e);
(18) $3,000,000 shall be for carrying out section 302(a) of
the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which not
more than 2 percent shall be for administrative costs to carry
out such section: Provided, That notwithstanding section
302(a) of such Act, the Administrator may also provide grants
pursuant to such authority to Intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior), and Alaska Native Villages as defined in Public Law
92-203;
(19) $5,000,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j-19g);
(20) $2,000,000 shall be for carrying out section 2001 of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270, 42 U.S.C. 300j-3c note): Provided, That the Administrator
may award grants to and enter into contracts with Tribes,
Intertribal consortia, public or private agencies,
institutions, organizations, and individuals, without regard to
section 3324(a) and (b) of title 31 and section 6101 of title
41, United States Code, and enter into interagency agreements
as appropriate;
(21) $5,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117-58);
(22) $5,000,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(23) $1,073,030,000 shall be for grants, including
associated program support costs, to States, federally
recognized Tribes, interstate agencies, Tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement, and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, and under
section 2301 of the Water and Waste Act of 2016 to assist
States in developing and implementing programs for control of
coal combustion residuals, of which: $36,340,000 shall be for
carrying out section 128 of CERCLA; $1,505,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $18,512,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $65,974,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the use of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, for the purposes of carrying
out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator
pursuant to a Notice of Funding Availability for applications for
credit assistance under the Water Infrastructure Finance and Innovation
Act Program, including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $6,026,000, to
remain available until September 30, 2025.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2024, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable Tribal program, may award cooperative agreements to
federally recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2024.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section 3024
of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2024,
to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000 per
project.
For fiscal year 2024, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
Tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2024 to provide grants to implement the Southeast New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $2,800,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
For fiscal year 2024, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated under
the headings ``Environmental Programs and Management'' and ``Science
and Technology'', contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purpose: Provided,
That amounts used for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may not
exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $1,000,000: Provided, That funds
made available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,069,086,000, to remain available through September 30,
2027: Provided, That a portion of the funds made available under this
heading shall be for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading
shall be available for the costs of facility maintenance, repairs, and
leases for buildings and sites where these administrative, general
management and other Forest Service support functions take place; the
costs of all utility and telecommunication expenses of the Forest
Service, as well as business services; and, for information technology,
including cybersecurity requirements: Provided further, That funds
provided under this heading may be used for necessary expenses to carry
out administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $275,000,000, to remain available through September
30, 2027: Provided, That of the funds provided, $32,197,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state, private, and tribal forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, Tribes,
and others, and for forest health management, including for invasive
plants, and conducting an international program and trade compliance
activities as authorized, $305,198,000, to remain available through
September 30, 2027.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,816,437,000, to remain available through
September 30, 2027: Provided, That of the funds provided, $32,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by section
4003(f) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(f)): Provided further, That of the funds provided, $41,600,000
shall be for forest products: Provided further, That of the funds
provided, $207,000,000 shall be for hazardous fuels management
activities, of which not to exceed $20,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State, Private, and Tribal Forestry'' appropriation, for the purpose
of creating incentives for increased use of biomass from National
Forest System lands: Provided further, That $20,000,000 may be used by
the Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring associated with
such hazardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forest Restoration Act, Public Law 106-393,
title VI, shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the
``State, Private, and Tribal Forestry'' appropriation: Provided
further, That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred, and that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary: Provided further, That funds
appropriated to this account shall be available for the base salary and
expenses of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range Betterment
Fund'' account, and the ``Management of National Forest Lands for
Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $152,243,000, to remain available through September 30,
2027, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; for
construction, reconstruction, and decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system; and for maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $10,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That funds becoming
available in fiscal year 2024 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury and shall
not be available for transfer or obligation for any other purpose
unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2027, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2027, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2027, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2027.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,116,956,000, to remain available
until expended: Provided, That such funds, including unobligated
balances under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds appropriated in
a previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That of the funds provided under this
heading, $1,011,000,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,300,000,000, to remain available until
transferred, is additional new budget authority specified for purposes
of section 251(b)(2)(F) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That such amounts may be transferred to
and merged with amounts made available under the headings ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
and ``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations in the fiscal year in
which such amounts are transferred: Provided further, That amounts may
be transferred to the ``Wildland Fire Management'' accounts in the
Department of the Interior or the Department of Agriculture only upon
the notification of the House and Senate Committees on Appropriations
that all wildfire suppression operations funds appropriated under that
heading in this and prior appropriations Acts to the agency to which
the funds will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law:
Provided further, That, in determining whether all wildfire
suppression operations funds appropriated under the heading ``Wildland
Fire Management'' in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will be
obligated within 30 days pursuant to the preceding proviso, any funds
transferred or permitted to be transferred pursuant to any other
transfer authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), shall be deposited in the special account established by section
8705(f)(1) of such Act, shall be available to cover the costs described
in subsection (c)(3) of such section of such Act, and shall remain
available until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
2268a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not
increase or decrease the funds appropriated to any account in this
fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2027:
Provided further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
government, private sector, and international organizations: Provided,
That the Forest Service, acting for the International Program, may sign
direct funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the Millennium
Challenge Corporation), United States private sector firms,
institutions and organizations to provide technical assistance and
training programs on forestry and rangeland management: Provided
further, That to maximize effectiveness of domestic and international
research and cooperation, the International Program may utilize all
authorities related to forestry, research, and cooperative assistance
regardless of program designations.
Funds appropriated to the Forest Service shall be available to
enter into a cooperative agreement with the section 509(a)(3)
Supporting Organization, ``Forest Service International Foundation'' to
assist the Foundation in meeting administrative, project, and other
expenses, and may provide for the Foundation's use of Forest Service
personnel and facilities.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges: Provided, That nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest
Service in order to obtain information technology services, including
telecommunications and system modifications or enhancements, from the
Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $1,500,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service under the National Forest
System heading shall be available for the Secretary of Agriculture to
enter into cooperative agreements with other Federal agencies, Tribes,
States, local governments, private and nonprofit entities, and
educational institutions to support the work of forest or grassland
collaboratives on activities benefitting Federal lands and adjacent
non-Federal lands, including for technical assistance, administrative
functions or costs, and other capacity support needs identified by the
Forest Service.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil litigation:
Provided, That future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available to pay,
from a single account, the base salary and expenses of employees who
carry out functions funded by other accounts for Enterprise Program,
Geospatial Technology and Applications Center, remnant Natural Resource
Manager, Job Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$273,556,000, to remain available until September 30, 2025, except as
otherwise provided herein; and shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2023, and in addition, $4,901,524,000, which shall become available on
October 1, 2024, and remain available through September 30, 2026,
except as otherwise provided herein; together with payments received
during each fiscal year pursuant to sections 231(b) and 233 of the
Public Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds made
available to Tribes and Tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 5301), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the Tribe or
Tribal organization without fiscal year limitation: Provided further,
That $2,500,000 shall be available for fiscal year 2025 for grants or
contracts with public or private institutions to provide alcohol or
drug treatment services to Indians, including alcohol detoxification
services: Provided further, That $996,755,000 shall remain available
until expended for fiscal year 2025 for Purchased/Referred Care:
Provided further, That of the total amount specified in the preceding
proviso for Purchased/Referred Care, $54,000,000 shall be for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$51,000,000 shall remain available until expended for fiscal year 2025
for implementation of the loan repayment program under section 108 of
the Indian Health Care Improvement Act: Provided further, That
$58,000,000 for fiscal year 2025 shall be for costs related to or
resulting from accreditation emergencies, including supplementing
activities funded under the heading ``Indian Health Facilities'', of
which up to $4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That the
amounts collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a
and 1616a) during the preceding fiscal year for breach of contracts
shall be deposited in the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)),
funds shall be available to make new awards under the loan repayment
and scholarship programs under sections 104 and 108 of that Act (25
U.S.C. 1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and Suicide
Prevention Program, for Opioid Prevention, Treatment and Recovery
Services, for the Domestic Violence Prevention Program, for the Zero
Suicide Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional Treatment
Centers, for transformation and modernization costs of the Indian
Health Service Electronic Health Record system, for national quality
and oversight activities, for improving collections from public and
private insurance at Indian Health Service and Tribally-operated
facilities, for an initiative to treat or reduce the transmission of
HIV and HCV, for a maternal health initiative, for the Telebehaviorial
Health Center of Excellence, for Alzheimer's activities, for Village
Built Clinics, for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act that are available
for two fiscal years may be used in their second year of availability
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in such second year of
availability: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by Tribes and
Tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving Tribes and Tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from Tribes and Tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That of the funds provided for fiscal year 2025,
$74,138,000 is for the Indian Health Care Improvement Fund and may be
used, as needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That none of the
funds appropriated by this Act, or any other Act, to the Indian Health
Service for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
contract support costs
For payments to Tribes and Tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2024, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not expended by
a Tribe or Tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract
support costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to Tribes and Tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024, such sums as
may be necessary, which shall be available for obligation through
September 30, 2025: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$475,209,000, which shall remain available until expended and shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2023; and, in addition, $976,699,000,
which shall become available on October 1, 2024, and remain available
until expended: Provided, That notwithstanding any other provision of
law, funds appropriated for the planning, design, construction,
renovation, or expansion of health facilities for the benefit of an
Indian Tribe or Tribes may be used to purchase land on which such
facilities will be located: Provided further, That not to exceed
$500,000 may be used for fiscal year 2025 by the Indian Health Service
to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and Tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all Tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless such assessments
or charges are identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a Tribe or Tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 5301 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title V of such Act and thereafter shall remain available to the
Tribe or Tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with respect to functions transferred by the Indian
Health Service to Tribes or Tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities
on a reimbursable basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived,
with such amounts to remain available until expended: Provided
further, That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead costs associated
with the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide to
civilian medical personnel serving in hospitals operated by the Indian
Health Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United States
Public Health Service serving in similar positions at such hospitals:
Provided further, That the appropriation structure for the Indian
Health Service may not be altered without advance notification to the
House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $75,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $76,000,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2024, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,750,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$12,960,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $3,060,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,000,000, which shall
become available on July 1, 2024, and shall remain available until
September 30, 2025.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $852,215,000, to remain available until September 30, 2025,
except as otherwise provided herein; of which not to exceed $16,938,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, Smithsonian American Women's History Museum, and the
repatriation of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to support
American overseas research centers: Provided, That funds appropriated
herein are available for advance payments to independent contractors
performing research services or participating in official Smithsonian
presentations: Provided further, That the Smithsonian Institution may
expend Federal appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and such rent
payments may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses associated with
the purchase of a portion of the building at 600 Maryland Avenue, SW,
Washington, DC, to the extent that federally supported activities will
be housed there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of, a
transfer of risk to, or an obligation of the Federal Government:
Provided further, That no appropriated funds may be used directly to
service debt which is incurred to finance the costs of acquiring a
portion of the building at 600 Maryland Avenue, SW, Washington, DC, or
of planning, designing, and constructing improvements to such building:
Provided further, That any agreement entered into by the Smithsonian
Institution for the sale of its ownership interest, or any portion
thereof, in such building so acquired may not take effect until the
expiration of a 30 day period which begins on the date on which the
Secretary of the Smithsonian submits to the Committees on
Appropriations of the House of Representatives and Senate, the
Committees on House Administration and Transportation and
Infrastructure of the House of Representatives, and the Committee on
Rules and Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $107,500,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
of the Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to members
only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $160,000,000,
to remain available until September 30, 2025.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as
authorized, $18,000,000, to remain available until expended: Provided,
That such funds may be obligated for design and construction of an off-
site art storage facility in partnership with the Smithsonian
Institution and may be transferred to the Smithsonian Institution for
such purposes: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John f. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, $20,000,000, to
remain available until September, 30, 2025.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $10,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$12,000,000, to remain available until September 30, 2025.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $186,300,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $186,300,000 to remain available
until expended: Provided, That appropriations for carrying out section
10(a)(2) of such Act shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts, bequests,
devises of money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) of such Act during
the current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,464,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $4,750,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2024 in the second paragraph by inserting ``,
calendar year 2020 excluded'' before the first period.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,285,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,500,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $67,000,000, to remain
available until September 30, 2025, of which $1,000,000 shall remain
available until September 30, 2026, for the Museum's equipment
replacement program; and of which $4,000,000 for the Museum's repair
and rehabilitation program and $1,264,000 for the Museum's outreach
initiatives program shall remain available until expended.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$1,500,000, to remain available until expended: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial
Commission to plan and coordinate observances and activities associated
with the 250th anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to Public
Law 114-196, $15,000,000, to remain available until September 30, 2025.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 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.
obligation of appropriations
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.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
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.
mining applications
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, 2025, 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.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2024.
contract support costs, fiscal year 2024 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2024 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs, 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 2024 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.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of section 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.
prohibition within national monuments
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.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of 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.
prohibition on no-bid contracts
Sec. 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--
(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;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 5301 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. 5304(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (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.
national endowment for the arts grant guidelines
Sec. 412. 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 or projects.
national endowment for the arts program priorities
Sec. 413. (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.
status of balances of appropriations
Sec. 414. 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.
extension of grazing permits
Sec. 415. 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 2024.
funding prohibition
Sec. 416. (a) 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.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) 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.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) 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)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) 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
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) 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.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2024'' for
``September 30, 2019''.
use of american iron and steel
Sec. 419. (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.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. 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.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2025'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. 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 report
accompanying this Act.
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 424. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2024'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 425. 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 2024'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 426. 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 2024'' for ``fiscal year 2019''.
tribal leases
Sec. 427. (a) 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 commence no earlier than the date of receipt of the lease
proposal.
(b) The Secretaries of the Interior and Health and Human Services
shall, jointly or separately, during fiscal year 2024 consult with
Tribes and Tribal organizations through public solicitation and other
means regarding the requirements for leases under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent process for
the payment of such leases.
forest ecosystem health and recovery fund
Sec. 428. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88,
as amended by section 117 of division F of Public Law 113-235, shall be
applied by substituting ``fiscal year 2024'' for ``fiscal year 2020''
each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 429. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available from
the National Parks and Public Land Legacy Restoration Fund for fiscal
year 2024 pursuant to subsection (c) of section 200402 of title 54,
United States Code, and as provided in subsection (e) of such section
of such title, to the agencies of the Department of the Interior and
the Department of Agriculture specified, in the amounts specified, for
the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal Year
2024'' in the report accompanying this Act.
(2) Within 45 days of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, as appropriate, shall
allocate amounts made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2024 pursuant to subsection (a) of
section 200303 of title 54, United States Code, to the agencies and
accounts specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds: Land
and Water Conservation Fund Fiscal Year 2024'' in the report
accompanying this Act.
(b) Except as otherwise provided by subsection (c) of this section,
neither the President nor his designee may allocate any amounts that
are made available for any fiscal year under subsection (c) of section
200402 of title 54, United States Code, or subsection (a) of section
200303 of title 54, United States Code, other than in amounts and for
projects and activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of amounts for
continuing administration of programs allocated funds from the National
Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no
more than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture
may reallocate amounts from each agency's ``Contingency Fund'' line in
the table titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2024'' to any project funded by the
National Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements--
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) the Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the Committees
on Appropriations of the House of Representatives and Senate 30
days before taking any actions authorized by this subsection if
the amount reallocated from the ``Contingency Fund'' line for a
project is projected to be 10 percent or greater than the
following, as applicable--
(A) the amount allocated to that project in the
table titled ``Allocation of Funds: National Parks and
Public Land Legacy Restoration Fund Fiscal Year 2024''
in the report accompanying this Act; or
(B) the initial estimate in the most recent report
submitted, prior to enactment of this Act, to the
Committees on Appropriations pursuant to section 431(e)
of division G of the Consolidated Appropriations Act,
2023 (Public Law 117-328).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets for the projects in the ``Submission of Annual List of
Projects to Congress'' required by section 200402(h) of title 54,
United States Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund'' line for
each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the National
Parks and Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated in such
submission to that agency's ``Contingency Fund'' line: Provided
further, That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate a list of
supplementary allocations for Federal land acquisition and Forest
Legacy Projects at the National Park Service, the U.S. Fish and
Wildlife Service, the Bureau of Land Management, and the U.S. Forest
Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that
are prioritized and detailed by account, program, and project, and that
total no less than half the full amount allocated to each account for
that land management Agency under the allocations submitted under
section 200303(c)(1) of title 54, United States Code: Provided, That
in the event amounts allocated by this Act or any prior Act pursuant to
subsection (a) of section 200303 of title 54, United States Code are no
longer needed because a project has been completed or can no longer be
executed, such amounts must be clearly identified if proposed for
reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list of supplementary
allocations required by subparagraph (A) shall be comprised only of
projects for which a willing seller has been identified and for which
an appraisal or market research has been initiated.
(C) Concurrent with the annual budget submission of the President
for fiscal year 2025, the Secretary of the Interior and the Secretary
of Agriculture shall each submit to the Committees on Appropriations of
the House of Representatives and the Senate project data sheets in the
same format and containing the same level of detailed information that
is found on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget for the
projects in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and in the same format
and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the House
of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the National Parks and
Public Land Legacy Restoration Fund for amounts allocated pursuant to
subsection (a)(1) of this section and the status of balances of
projects and activities funded by the Land and Water Conservation Fund
for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for
amounts allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 430. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments
and agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 431. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
timber sale requirements
Sec. 432. 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.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 433. Funds made available or allocated in this Act to the
Department of the Interior or the Department of Agriculture that are
subject to the allocations and limitations in 54 U.S.C. 200402(e) and
prohibitions in 54 U.S.C. 200402(f) may be further allocated or
reallocated to the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 434. 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.
greenhouse gas reporting restrictions
Sec. 435. 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.
funding prohibition
Sec. 436. 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.
alaska native regional health entities authorization extension
Sec. 437. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76) shall be
applied by substituting ``October 1, 2024'' for ``December 24, 2022''.
rescission of greenhouse gas reduction fund
Sec. 438. Of the unobligated balances of amounts appropriated or
otherwise made available for activities of the Environmental Protection
Agency by subsection (a) of section 134 of the Clean Air Act (42 U.S.C.
7434(a)), $7,765,000,000 are permanently rescinded.
rescission of environmental and climate justice grants
Sec. 439. Of the unobligated balances of amounts appropriated or
otherwise made available for activities of the Environmental Protection
Agency by section 138(a) of the Clean Air Act (42 U.S.C. 7438(a)),
$1,353,000,000 are hereby permanently rescinded.
hunting, fishing, and recreational shooting on federal land
Sec. 440. (a) None of the funds made available by this or any other
Act for any fiscal year may be used to prohibit the use of or access to
Federal land (as such term is defined in section 3 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6502)) for hunting, fishing,
or recreational shooting if such use or access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January 1,
2013.
(b) Notwithstanding subsection (a), the Secretary of the Interior
or the Secretary of Agriculture may temporarily close, for a period not
to exceed 30 days, Federal land managed by the Secretary to hunting,
fishing, or recreational shooting if the Secretary determines that the
temporary closure is necessary to accommodate a special event or for
public safety reasons. The Secretary may extend a temporary closure for
one additional 90-day period only if the Secretary determines the
extension is necessary because of extraordinary weather conditions or
for public safety reasons.
(c) Nothing in this section shall be construed as affecting the
authority, jurisdiction, or responsibility of the several States to
manage, control, or regulate fish and resident wildlife under State law
or regulations.
waters of the united states
Sec. 441. The rule submitted by the Department of the Army, Corps
of Engineers, Department of Defense and the Environmental Protection
Agency relating to ``Revised Definition of `Waters of the United
States''' (88 Fed. Reg. 3004 (January 18, 2023)) shall have no force or
effect.
limitation
Sec. 442. None of the funds appropriated or otherwise made
available by this Act may be obligated to enforce Public Land Order
7917 (88 Fed. Reg. 6308 (January 31, 2023)).
mineral leases
Sec. 443. Notwithstanding any other provision of law and not
subject to further judicial review, not later than 30 days after the
date of enactment of this Act the Secretary of the Interior shall
reinstate the hardrock mineral leases in the Superior National Forest
in the State of Minnesota issued in 2019 and identified as MNES-01352
and MNES-01353.
use of mining claims for ancillary activities
Sec. 444. Section 10101 of the Omnibus Budget Reconciliation Act
of 1993 (30 U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right
to use, occupy, and conduct operations on public land,
with or without the discovery of a valuable mineral
deposit, if--
``(i) such claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d),
such claimant makes a timely payment of the
location fee and complies with the required
assessment work under the general mining laws.
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in
connection with prospecting, exploration,
processing, discovery and assessment,
development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of any disturbed
areas; and
``(iii) any other reasonably incident uses,
whether on a mining claim or not, including the
construction and maintenance of facilities,
roads, transmission lines, pipelines, and any
other necessary infrastructure or means of
access on public land for support facilities.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102 shall be deemed to satisfy the requirements
of any provision of the Federal Land Policy and Management Act
that requires the payment of fair market value to the United
States for use of public lands and resources relating to use of
such lands and resources authorized by the general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish the rights of entry, use, and occupancy,
or any other right, of a claimant under the general mining
laws.''.
charles m. russell national wildlife refuge
Sec. 445. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to facilitate or allow
for the introduction of American bison (Bison bison) on the Charles M.
Russell National Wildlife Refuge (as originally established in
Executive Order 7509, renamed in Public Land Order 2951, and
redesignated in Public Land Order 5635).
cottonwood
Sec. 446. No later than 60 days after the date of enactment of
this Act, the Secretary of the Interior shall issue the final rule
entitled ``Endangered and Threatened Wildlife and Plants; Regulations
for Interagency Cooperation'' (86 Fed. Reg. 2373 (January 12, 2021)).
social cost of carbon
Sec. 447. None of the funds made available by this Act may be used
to consider or incorporate the social cost of carbon--
(1) as part of any cost-benefit analysis required or
performed pursuant to--
(A) any law;
(B) Executive Order 13990 (86 Fed. Reg. 7037;
relating to protecting public health and the
environment and restoring science to tackle the climate
crisis);
(C) Executive Order 14094 (88 Fed. Reg. 21879;
relating to modernizing regulatory review);
(D) the Presidential Memorandum entitled
``Modernizing Regulatory Review'' issued by the
President on January 20, 2021;
(E) any revisions to Office of Management and
Budget Circular A-4 proposed or finalized under
Executive Order 14094; or
(F) ``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim Estimates
under Executive Order 13990,'' published under the
Interagency Working Group on the Social Cost of
Greenhouse Gases, in February of 2021;
(2) in any rulemaking;
(3) in the issuance of any guidance;
(4) in taking any other agency action; or
(5) as a justification for any rulemaking, guidance
document, or agency action.
lesser prairie-chicken
Sec. 448. None of the funds made available in this or any other
Act may be used to implement, administer, or enforce the rule entitled
``Endangered and Threatened Wildlife and Plants; Lesser Prairie-
Chicken; Threatened Status With Section 4(d) Rule for the Northern
Distinct Population Segment and Endangered Status for the Southern
Distinct Population Segment'' (87 Fed. Reg. 72674 (November 25, 2022)).
ecogrief
Sec. 449. None of the funds made available by this or any other
Act may be obligated or expended to carry out the program for Federal
employees at the Department of the Interior entitled ``Acknowledging
Ecogrief and Developing Resistance'' or any counseling sessions,
workshop, or any other meeting pertaining to ecological grief,
ecogrief, or eco-resilience.
north cascades ecosystem grizzly bear
Sec. 450. None of the funds made available by this Act may be
obligated or expended to prepare an environmental impact statement for,
or to implement, administer, or enforce, the North Cascades Ecosystem
Grizzly Bear Restoration Plan (87 Fed. Reg. 68190).
water rights
Sec. 451. None of the funds made available in this or any other
Act may be obligated to require or request, as a condition of the
issuance, renewal, or extension of any Forest Service or Bureau of Land
Management permit, lease, allotment, easement, or other land use and
occupancy, arrangement, the transfer, or relinquishment of any water
right, in whole, or in part, granted under State law.
gray wolf
Sec. 452. Not later than 60 days after the date of enactment of
this section, the Secretary of the Interior shall reissue the final
rule entitled ``Endangered and Threatened Wildlife and Plants; Removing
the Gray Wolf (Canis lupus) From the List of Endangered and Threatened
Wildlife'' (85 Fed. Reg. 69778 (November 3, 2020)).
cost recovery
Sec. 453. (a) Any regulation promulgated by the Secretary of the
Interior to establish fees to recover the costs of processing an
application for a special recreation permit or monitoring an
authorization under a special recreation permit for competitive or
organized group or event use shall include an exemption providing that
fee may not be recovered for not less than the first 100 hours of work
necessary in any 1 year to process the application or monitor the
authorization.
(b) Not later than 30 days after the date of enactment of this
section, the Secretary of the Interior shall revise section 2932.31(e)
of title 43, Code of Federal Regulations, to be consistent with
subsection (a) of this section.
executive order funding prohibition
Sec. 454. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
apply, enforce, or carry out Executive Order 13985 of January 20, 2021
(86 Fed. Reg. 7009, relating to advancing racial equity and support for
underserved communities through the Federal Government), Executive
Order 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to
diversity, equity, inclusion, and accessibility in the Federal
workforce), or Executive Order 14091 of February 16, 2023 (88 Fed. Reg.
10825, relating to further advancing racial equity and support for
underserved communities through the Federal Government).
limitation
Sec. 455. None of the funds made available by this Act may be used
to carry out any program, project, or activity that promotes or
advances Critical Race Theory or any concept associated with Critical
Race Theory.
wuhan institute limitation
Sec. 456. None of the funds made available by this Act may be made
available to support, directly or indirectly, the Wuhan Institute of
Virology, or any laboratory owned or controlled by the governments of
the People's Republic of China, the Republic of Cuba, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the
Russian Federation, the Bolivarian Republic of Venezuela under the
regime of Nicolas Maduro Moros, or any other country determined by the
Secretary of State to be a foreign adversary.
northern long-eared bat
Sec. 457. None of the funds made available by this Act may be used
to implement the final rule ``Endangered and Threatened Wildlife and
Plants; Endangered Species Status for Northern Long-Eared Bat'' (87
Fed. Reg. 73488 (November 30, 2020)).
exemption to coastal barrier restrictions for shoreline borrow sites
Sec. 458. Section 6 of the Coastal Barrier Resources Act (16
U.S.C. 3505) is amended by adding at the end the following new
subsection:
``(e) Borrow Site.--Section 5 shall not apply to expenditures or
financial assistance relating to the use of funds to use a borrow site
located within the System if such site has been in use as a borrow site
by a coastal storm risk management project for a period of more than 15
years.''.
smithsonian institution
Sec. 459. None of the funds made available by this Act shall be
obligated for the planning, design, or construction of the National
Museum of the American Latino or the operation of the Molina Family
Latino Gallery.
gao analysis
Sec. 460. Notwithstanding any provision of law, none of the funds
made available by this Act may be obligated or expended for the purpose
of pre-leasing, leasing, or the conveyance of leases for onshore wind
energy activities in Idaho, unless or until the Comptroller General of
the United States completes a report identifying potential adverse
effects of wind energy development including with respect to, wildlife,
cultural resources, transportation, hunting, wetlands and the connected
surface and ground waters.
pesticides
Sec. 461. None of the funds made available by this or any other
Act may be obligated or expended to issue or adopt any guidance or any
policy, take any regulatory action, or approve any labeling or change
to such labeling that is inconsistent with or in any respect different
from the conclusion of--
(a) a human health assessment performed pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); or
(b) a carcinogenicity classification for a pesticide.
steam rule
Sec. 462. None of the funds made available by this or any other
Act may be obligated to finalize, administer, or enforce the proposed
rule titled ``Supplemental Effluent Limitations Guidelines and
Standards for the Steam Electric Power Generating Point Source
Category'' published on March 29, 2023 (88 Fed. Reg. 18824).
waiver
Sec. 463. None of the funds made available by this Act or any
other Act may be used to approve a waiver submitted to the
Environmental Protection Agency by the State of California, pursuant to
section 209(e) of the Clean Air Act (42 U.S.C. 7543(e)), for the State
of California's amendments to its rule titled ``Small Off-Road Engine
Regulations: Transition to Zero Emissions''.
5-year plan
Sec. 464. Section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
Gulf of Mexico region-wide lease sales per year.''.
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall issue
the five-year oil and gas leasing program for 2023 through 2028 and
issue the Record of Decision on the Final Programmatic Environmental
Impact Statement by not later than 60 days of enactment of this Act.
``(g) Subsequent Leasing Programs.--
``(1) In General.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later than
180 days before the expiration of the previous oil and gas
leasing program.''.
transparency
Sec. 465. (a) Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Interior shall reissue and
implement Order No. 3368 ``Promoting Transparency and Accountability in
Consent Decrees and Settlement Agreements'' dated September 11, 2018.
(b) None of the funds made available by this Act shall be available
to rescind the Order reissued under subsection (a), reissue, enforce,
administer, or implement Order No. 3408 ``Rescission of Secretary's
Order 3368'' dated June 17, 2022, or to issue, enforce, administer, or
implement any substantially similar order.
limitation
Sec. 466. None of the funds made available by this Act may be used
to implement, administer, or enforce Public Land Order No. 7921
(relating to the withdrawal of public land for satellite calibration in
Railroad Valley; Nye County, Nevada), published by the Bureau of Land
Management in the Federal Register on April 27, 2023 (88 Fed. Reg.
25682).
ozone
Sec. 467. None of the funds made available by this or any other
Act may be made available to implement, administer, or enforce the
final rule titled ``Federal `Good Neighbor Plan' for the 2015 Ozone
National Ambient Air Quality Standards'' published by the Environmental
Protection Agency in the Federal Register on June 5, 2023 (88 Fed. Reg.
36654).
offshore wind
Sec. 468. (a) None of the funds made available by this Act may be
obligated or expended for the purpose of pre-leasing, leasing, or the
conveyance of leases for offshore wind energy activity in the Florida
administrative boundary until the Comptroller General of the United
States submits, to the appropriate Congressional Committees, a study
regarding the potential impact of offshore wind development and
associated infrastructure in the Florida administrative boundary on
military readiness and training, marine environment and ecology,
tourism, and other uses of the Outer Continental Shelf.
(b) In this section, the term ``administrative boundary'' means the
offshore administrative boundary for a State depicted in ``Federal
Outer Continental Shelf (OCS) Administrative Boundaries Extending from
the Submerged Lands Act Boundary seaward to the Limit of the United
States Outer Continental Shelf'' published January 3, 2006 (71 Fed.
Reg. 127).
(c) In this section, the term ``appropriate Congressional
Committees'' means the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Natural Resources of
the House of Representatives, and the Committee on Energy and Natural
Resources of the Senate.
record of decision
Sec. 469. Notwithstanding any other provision of law, not later
than September 30, 2024, the Secretary of the Interior shall issue a
new Record of Decision for the Caldwell Canyon Mine project that
addresses the deficiencies identified by the United States District
Court for the District of Idaho in its decisions and orders issued in
Center for Biological Diversity, et al. v. United States Bureau of Land
Management, et al. (Case Number 4:21-CV-00182-BLW) on January 24, 2023,
and June 2, 2023.
epa office of inspector general
Sec. 470. Beginning on October 1, 2023, of the amounts made
available to the Environmental Protection Agency under each of sections
60101, 60102, 60104, 60105, 60106, 60107, 60108, 60109, 60110, 60111,
60112, 60113, 60115, 60116, and 60201 of Public Law 117-169, two-tenths
of one percent of such amounts shall be transferred to the Office of
the Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection Agency by
such Public Law: Provided, That amounts so transferred shall be
derived from the unobligated balances of amounts under each such
section.
grand staircase-escalante national monument
Sec. 471. None of the funds made available by this Act may be used
for management of the Grand Staircase-Escalante National Monument
except in compliance with the Record of Decision and Approved Resource
Management Plans for the Grand Staircase-Escalante National Monument,
dated February 2020.
offshore oil and gas leasing
Sec. 472. (a) The Secretary of the Interior shall conduct all lease
sales described in the 2017-2022 Outer Continental Shelf Oil and Gas
Leasing Proposed Final Program (November 2016) that have not been
conducted as of the date of the enactment of this Act by not later than
September 30, 2024.
(b) Notwithstanding any other provision of law, and except within
areas subject to existing oil and gas leasing moratoria beginning in
fiscal year 2024, the Secretary of the Interior shall annually conduct
a minimum of 2 region-wide oil and gas lease sales in the following
planning areas of the Gulf of Mexico region, as described in the 2017-
2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016):
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Notwithstanding any other provision of law, beginning in fiscal
year 2024, the Secretary of the Interior shall annually conduct a
minimum of 2 region-wide oil and gas lease sales in the Alaska region
of the Outer Continental Shelf, as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program (November
2016).
(d) In conducting lease sales under subsections (b) and (c), the
Secretary of the Interior shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to a moratorium as of the date of the lease
sale.
onshore oil and gas leasing
Sec. 473. (a)(1) The Secretary of the Interior shall immediately
resume quarterly onshore oil and gas lease sales in compliance with the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(2) The Secretary of the Interior shall ensure--
(A) that any oil and gas lease sale pursuant to paragraph
(1) is conducted immediately on completion of all applicable
scoping, public comment, and environmental analysis
requirements under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) that the processes described in subparagraph (A) are
conducted in a timely manner to ensure compliance with
subsection (b)(1).
(3) Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``Eligible lands comprise all
lands subject to leasing under this Act and not excluded from leasing
by a statutory or regulatory prohibition. Available lands are those
lands that have been designated as open for leasing under a land use
plan developed under section 202 of the Federal Land Policy and
Management Act of 1976 and that have been nominated for leasing through
the submission of an expression of interest, are subject to drainage in
the absence of leasing, or are otherwise designated as available
pursuant to regulations adopted by the Secretary.'' after ``sales are
necessary.''.
(b)(1) In accordance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.), each fiscal year, the Secretary of the Interior shall conduct a
minimum of four oil and gas lease sales in each of the following
States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(J) Any other State in which there is land available for
oil and gas leasing under the Mineral Leasing Act (30 U.S.C.
181 et seq.) or any other mineral leasing law.
(2) In conducting a lease sale under paragraph (1) in a State
described in that paragraph, the Secretary of the Interior shall offer
all parcels nominated and eligible pursuant to the requirements of the
Mineral Leasing Act (30 U.S.C. 181 et seq.) for oil and gas
exploration, development, and production under the resource management
plan in effect for the State.
(3) The Secretary of the Interior shall conduct a replacement sale
during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled, delayed,
or deferred, including for a lack of eligible parcels; or
(B) during a lease sale under paragraph (1) the percentage
of acreage that does not receive a bid is equal to or greater
than 25 percent of the acreage offered.
(4) Not later than 30 days after a sale required under this
subsection is canceled, delayed, deferred, or otherwise missed the
Secretary of the Interior shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Natural Resources of the House of Representatives, and the
Committee on Energy and Natural Resources of the Senate a report that
states what sale was missed and why it was missed.
rescission of council on environmental quality funds
Sec. 474. Of the unobligated balances of amounts appropriated or
otherwise made available for activities of the Council on Environmental
Quality under sections 60401 and 60402 of Public Law 117-169 (commonly
known as the ``Inflation Reduction Act of 2022'') as of the date of the
enactment of this Act are rescinded.
rescission of department of the interior funds
Sec. 475. Of the unobligated balances of amounts appropriated or
otherwise made available under section 50224 of Public Law 117-169
(commonly known as the ``Inflation Reduction Act of 2022'') as of the
date of the enactment of this Act are rescinded.
official flags
Sec. 476. None of the funds made available by this Act may be
obligated or expended to fly or display a flag over a facility of a
Department or agency funded by this Act other than the flag of the
United States; the flag of a State, insular area, or the District of
Columbia; the flag of a Federally recognized Tribal entity; the
official flag of the Secretary of the Interior; the official flag of a
U.S. Department or agency; or the POW/MIA flag.
effect on other law
Sec. 477. Nothing in this Act, or any amendments made by this Act,
shall affect--
(a) the Presidential memorandum titled ``Memorandum on Withdrawal
of Certain Areas of the United States Outer Continental Shelf From
Leasing Disposition'' and dated September 8, 2020;
(b) the Presidential memorandum titled ``Memorandum on Withdrawal
of Certain Areas of the United States Outer Continental Shelf From
Leasing Disposition'' and dated September 25, 2020;
(c) the Presidential memorandum titled ``Memorandum on Withdrawal
of Certain Areas off the Atlantic Coast on the Outer Continental Shelf
From Leasing Disposition'' and dated December 20, 2016; or
(d) the ban on oil and gas development in the Great Lakes described
in section 386 of the Energy Policy Act of 2005 (42 U.S.C. 15941).
vehicle reservation system at glacier national park
Sec. 478. None of the funds made available by this Act may be used
for the operation or implementation of the vehicle reservation system
at Glacier National Park.
prohibition on funding for secretarial order no. 3410
Sec. 479. None of the funds made available by this Act may be used
by the Secretary of the Interior to implement or execute Secretarial
Order No. 3410 (regarding Restoration of American Bison and the Prairie
Grasslands) or any appendix to that Order, dated March 3, 2023.
limitation
Sec. 480. None of the funds made available by this Act may be used
to finalize, implement, or enforce the proposed rule titled ``National
Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired
Electric Utility Steam Generating Units Review of the Residual Risk and
Technology Review'' and published April 24, 2023 (88 Fed. Reg. 24854).
lead ammunition and tackle
Sec. 481. (a) None of the funds made available by this Act may be
used to prohibit the use of lead ammunition or tackle on Federal land
or water that is made available for hunting or fishing activities or to
issue regulations relating to the level of lead in ammunition or tackle
to be used on Federal land or water, unless--
(1) the Secretary of the Interior determines that a decline in
wildlife population on the specific unit of Federal land or water is
primarily caused by the use of lead in ammunition or tackle, based on
field data from the specific unit of Federal land or water; and
(2) the prohibition or regulation, as applicable, is--
(A) consistent with--
(i) the law of the State in which the specific unit
of Federal land or water is located; or
(ii) an applicable policy of the fish and wildlife
department of the State in which the specific unit of
Federal land or water is located; or
(B) approved by the fish and wildlife department of the
State in which the specific unit of Federal land or water is
located.
(b) In any case in which the Secretary of the Interior determines
under subsection (a) that there is a wildlife population decline on a
specific unit of Federal land or water that warrants a prohibition on
or regulation relating to the level of lead in ammunition or tackle,
the Secretary shall include in a Federal Register notice an explanation
of how the prohibition or regulation, as applicable, meets the
requirements of this section.
limitation
Sec. 482. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule titled
``New Source Performance Standards for Greenhouse Gas Emissions From
New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating
Units; Emission Guidelines for Greenhouse Gas Emissions From Existing
Fossil Fuel-Fired Electric Generating Units; and Repeal of the
Affordable Clean Energy Rule'' published by the Environmental
Protection Agency in the Federal Register on May 23, 2023 (88 Fed. Reg.
33240).
limitation
Sec. 483. (a) In General.--Notwithstanding section 7 of title 1,
United States Code, section 1738C of title 28, United States Code, or
any other provision of law, none of the funds provided by this Act, or
previous appropriations Acts, shall be used in whole or in part to take
any discriminatory action against a person, wholly or partially, on the
basis that such person speaks, or acts, in accordance with a sincerely
held religious belief, or moral conviction, that marriage is, or should
be recognized as, a union of one man and one woman.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
50l(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
limitation
Sec. 484. None of the amounts appropriated or otherwise made
available to the Smithsonian Institution by this Act may be made
available for partnerships or activities associated with the Hong Kong
Economic and Trade Offices, including any use of facilities by the Hong
Kong Economic and Trade Offices.
limitation
Sec. 485. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule titled
``National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Emissions Standards for Sterilization Facilities Residual Risk
and Technology Review'' published by the Environmental Protection
Agency in the Federal Register on April 13, 2023 (88 Fed. Reg. 22790)
or the proposed interim registration review decision and draft risk
assessment addendum for ethylene oxide described in the notice titled
``Pesticide Registration Review; Proposed Interim Decision and Draft
Risk Assessment Addendum for Ethylene Oxide; Notice of Availability''
published by the Environmental Protection Agency in the Federal
Register on April 13, 2023 (88 Fed. Reg. 22447) unless the Commissioner
of Food and Drugs certifies that finalization, implementation,
administration, or enforcement of such rule, decision, or addendum for
ethylene oxide will not adversely impact the availability of sterile
medical products in the United States.
limitation
Sec. 486. None of the funds made available by this Act may be used
to implement a final rule listing the Dunes Sagebrush Lizard as
endangered or threatened pursuant to ``Endangered and Threatened
Wildlife and Plants; Endangered Species Status for the Dunes Sagebrush
Lizard'' (88 Fed. Reg. 42661 (July 3, 2023)).
limitation
Sec. 487. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the decisions proposed
in the notice titled ``Pesticide Registration Review; Proposed Interim
Decisions for the Rodenticides; Notice of Availability'' published by
the Environmental Protection Agency in the Federal Register on November
29, 2022 (87 Fed. Reg. 73297).
limitation
Sec. 488. None of the funds made available by this Act may be made
available to finalize, implement, administer, or enforce the proposed
rule titled ``Multi-Pollutant Emissions Standards for Model Years 2027
and Later Light-Duty and Medium-Duty Vehicles'' and published May 5,
2023 (88 Fed. Reg. 29184), or any substantially similar rule.
limitation
Sec. 489. None of the funds made available by this Act may be made
available to finalize, implement, administer, or enforce the proposed
rule titled ``Greenhouse Gas Emissions Standards for Heavy-Duty
Vehicles-Phase 3'' and published April 27, 2023 (88 Fed. Reg. 25926),
or any substantially similar rule.
funding limitation regarding blm rule
Sec. 490. None of the funds made available by this Act may be
obligated or expended to--
(1) develop, finalize, or issue a final rule with respect
to the proposed rule entitled ``Conservation and Landscape
Health'' published by the Bureau of Land Management in the
Federal Register on April 3, 2023 (88 Fed. Reg. 19583); or
(2) implement, administer, or enforce such proposed rule or
any substantially similar rule.
greater yellowstone ecosystem grizzly bear
Sec. 491. (a) Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior shall reissue the final rule
entitled ``Endangered and Threatened Wildlife and Plants; Removing the
Greater Yellowstone Ecosystem Population of Grizzly Bears From the
Federal List of Endangered and Threatened Wildlife'' (82 Fed. Reg.
30502 (June 30, 2017)), without regard to any other provision of law
that applies to the issuance of that final rule.
(b) The reissuance of the final rule described in subsection (a)
(including this section) shall not be subject to judicial review.
big cypress national preserve
Sec. 492. The Secretary of the Interior, acting through the
Director of the National Park Service, shall prepare an environmental
impact statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), prior to approving an operations permit, as
described in 36 Code of Federal Regulations, subpart B Sec. Sec. 9.80
through 9.90, for the purpose of conducting or proposing to conduct
non-federal oil or gas operations within the Big Cypress National
Preserve.
spending reduction account
Sec. 493. $0
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2024''.
Union Calendar No. 123
118th CONGRESS
1st Session
H. R. 4821
[Report No. 118-155]
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
July 24, 2023
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 126.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 126, the Chair put the question on agreeing to the amendment and by voice vote announced that the ayes had prevailed. Ms. Pingree demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 127.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 127, the Chair put the question on agreeing to the amendment and by voice vote announced that the ayes had prevailed. Ms. Pingree demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Schweikert amendment No. 128.
DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Stauber amendment No. 129.
DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Stauber amendment No. 130.
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DEBATE - Pursuant to the provisions of H. Res. 838, the Committee of the Whole proceeded with 10 minutes of debate on the Westerman amendment No. 131.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4821.
The previous question was ordered pursuant to the rule.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Ms. Leger Fernandez moved to recommit to the Committee on Appropriations.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 201 - 215 (Roll no. 596).
Roll Call #596 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 213 - 203 (Roll no. 597).
Roll Call #597 (House)On passage Passed by the Yeas and Nays: 213 - 203 (Roll no. 597).
Roll Call #597 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4821.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 239.