Interior, Environment, and Related Agencies: Overview of FY2018 Appropriations

Contents

• Introduction
• Overview of Interior, Environment, and Related Agencies Appropriations
• Title I. Department of the Interior
• Title II. Environmental Protection Agency
• Title III. Related Agencies
• FY2018 Appropriations
• Components of President Trump's Request
• FY2018 President Trump's Request Compared with FY2017 Enacted Appropriations
• Comparison of FY2017 House-Passed Bill and Senate Chairmen's Draft
• FY2018 Measures Compared with FY2017 Appropriations
• H.R. 3354 Compared with FY2017 Appropriations
• Senate Chairmen's Draft Compared with FY2017 Appropriations
• FY2018 Measures Compared with FY2018 President's Request
• H.R. 3354 Compared with President Trump's FY2018 Request
• Senate Chairmen's Draft Compared with President Trump's FY2018 Request
• FY2018 Shutdown, Continuing Appropriations, and Supplemental Appropriations
• Shutdown
• Continuing Appropriations
• Supplemental Appropriations

Summary

The Interior, Environment, and Related Agencies appropriations bill includes funding for approximately 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other entities. At issue for Congress is determining the length, amount, terms, and conditions of funding for FY2018 for agencies and programs within the bill.

From October 1, 2017, through January 19, 2018, Interior, Environment, and Related Agencies received appropriations under continuing resolutions (CRs) because no regular appropriations were enacted before the start of the 2018 fiscal year. The CR expired after January 19, before being extended on January 22, 2018, until February 8, 2018. As a result of the lapse in funds, a partial government shutdown went into effect. Agencies in the Interior bill generally operated under "contingency" plans that summarize activities that would cease and activities that would continue during a lapse in appropriations.

Currently, the CR generally provides funding at the FY2017 level, minus an across-the-board reduction of 0.6791%. It also generally provides funds for continuing projects and activities, under the same authority and conditions and to the same extent and manner as for FY2017. However, the CR included exceptions ("anomalies") that changed the purposes or amounts of funds, extended expiring provisions of law, or made other changes to existing law.

For FY2018, President Trump requested $27.26 billion for Interior, Environment, and Related Agencies. For DOI agencies (Title I), the request was $10.62 billion, or 38.9% of the total requested. For EPA (Title II), the request was $5.66 billion, or 20.7% of the total. For the roughly 20 entities funded in Title III, the request was $10.99 billion, or 40.3% of the total.

H.R. 3354, as passed by the House on September 14, 2017, contained $31.50 billion in appropriations for FY2018 for Interior, Environment, and Related Agencies. On November 20, 2017, the Senate Appropriations Committee released a chairmen's draft that included $32.60 billion for the bill, an amount $1.09 billion (3.5%) higher than the House-passed level.

The President's request, House-passed bill, and Senate chairmen's draft would provide lower appropriations for FY2018 than the $32.63 billion enacted for FY2017. Under each of the three FY2018 proposals (President, House, Senate chairmen's draft), funding for Title II (EPA) would have the largest dollar reduction from FY2017 levels of the three titles. Specifically, the President's overall request was a decrease of $5.37 billion (16.5%) from the total FY2017 appropriations. Funding for each of the bill's three titles was decreased, with EPA funding reduced by $2.40 billion (29.8%). The $31.50 billion in the House-passed bill would be a reduction of $1.13 billion (3.5%) from FY2017. The House-passed bill decreased funding for each of the three titles, with EPA declining by $665.1 million (8.3%). The $32.60 billion in the Senate chairmen's draft would be a reduction of $35.2 million (0.1%). The Senate chairmen's draft would decrease funding for DOI agencies and EPA (by $149.5 million, 1.9%, for EPA), while increasing funding for Related Agencies.

This report first presents a brief overview of the major agencies in the annual Interior appropriations bill. It then describes the appropriations requested by President Trump for FY2018. It next compares the FY2018 funding levels requested by the President, passed by the House, and contained in the Senate chairmen's draft with each other and with FY2017 appropriations. Finally, it summarizes the current status, including the government shutdown due to a lapse in continuing appropriations (provided through January 19, 2018).

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Interior, Environment, and Related Agencies: Overview of FY2018 Appropriations

Introduction

This report focuses on FY2018 appropriations for Interior, Environment, and Related Agencies. At issue for Congress is whether to enact full-year or continuing appropriations, determining the amount of funding for agencies and programs in the bill, and the terms and conditions of such funding.

This report first presents a brief overview of the agencies in the bill. It then describes the appropriations requested by President Trump for FY2018 for Interior, Environment, and Related Agencies. Next, it compares the President's request for FY2018 with appropriations enacted for FY2017. It then compares the FY2018 appropriations in H.R. 3354 as passed by the House on September 14, 2017,¹ with the FY2018 appropriations included in the draft measure released by the chairmen of the Senate Committee on Appropriations and Subcommittee on Interior, Environment, and Related Agencies on November 20, 2017.² The report also compares these House and Senate "measures" with the FY2017 enacted appropriations and the President's requested appropriations for FY2018. Finally, the report summarizes the current status of appropriations, including the government shutdown due to a lapse in funding; continuing appropriations for October 1, 2017, through January 19, 2018; and supplemental appropriations enacted for FY2018.

Appropriations are complex. Budget justifications for some agencies are large, often several hundred pages long and containing numerous funding, programmatic, and legislative changes for congressional consideration. Further, appropriations laws provide funds for numerous accounts, activities, and subactivities, and the accompanying explanatory statements provide additional directives and other important information. This report generally does not provide in-depth information at the account and subaccount levels, nor does it detail budgetary reorganizations or legislative changes enacted in law or proposed for FY2018. For information on a particular agency or on individual accounts, programs, or activities administered by a particular agency, contact the key policy staff listed at the end of this report. In addition, for selected reports related to appropriations for Interior, Environment, and Related Agencies, such as individual agencies (e.g., National Park Service) or cross-cutting programs (e.g., Wildland Fire Management), see the "Interior & Environment Appropriations" subissue under the "Appropriations" Issue Area page on the Congressional Research Service (CRS) website.³

Overview of Interior, Environment, and Related Agencies Appropriations

The annual Interior, Environment, and Related Agencies appropriations bill includes funding for agencies and programs in three separate federal departments and for numerous related agencies.⁴ The Interior bill typically contains three primary titles. Title I provides funding for most Department of the Interior (DOI) agencies,⁵ many of which manage land and other natural resource or regulatory programs. Title II contains appropriations for the Environmental Protection Agency (EPA). Title III currently funds 21 agencies in other departments, such as the Forest Service in the Department of Agriculture and the Indian Health Service in the Department of Health and Human Services; arts and cultural agencies, including the Smithsonian Institution; and various other entities. Title III of the bill is referred to as "Related Agencies." Selected major agencies in the Interior bill are briefly described below.

Title I. Department of the Interior

DOI's mission is to protect and manage the nation's natural resources and cultural heritage; provide scientific and other information about those resources; and exercise trust responsibilities and other commitments to American Indians, Alaska Natives, and affiliated island communities.⁶ There are eight DOI agencies and two other broad accounts funded in the Interior bill that carry out this mission. Hereinafter, these agencies and broad accounts are referred to collectively as the 10 DOI "agencies." DOI agencies funded in the Interior bill include the following:⁷

• The Bureau of Land Management administers about 248 million acres of public land, mostly in the West, for diverse uses such as energy and mineral development, livestock grazing, recreation, and preservation. The agency also is responsible for about 700 million acres of federal onshore subsurface mineral estate throughout the nation and supervises the mineral operations on about 56 million acres of Indian trust lands.
• The Fish and Wildlife Service administers 91 million acres of federal land within the National Wildlife Refuge System and other areas,⁸ including 77 million acres in Alaska. It also manages several large marine refuges and marine national monuments, sometimes jointly with other federal agencies. In addition, the Fish and Wildlife Service is the primary agency responsible for implementing the Endangered Species Act (16 U.S.C. §§1531 et seq.) through listing of species; consulting with other federal agencies; collaborating with private entities and state, tribal, and local governments; and other measures. It is also the primary agency responsible for promoting wildlife habitat; enforcing federal wildlife laws; supporting wildlife and ecosystem science; conserving migratory birds; administering grants to aid state fish and wildlife programs; and coordinating with state, international, and other federal agencies on fish and wildlife issues.
• The National Park Service administers 80 million acres of federal land within the National Park System, including 417 diverse units in the 50 states, District of Columbia, and U.S. territories. Roughly two-thirds of the system's lands are in Alaska. The National Park Service has a dual mission—to preserve unique resources and to provide for their enjoyment by the public. The agency also supports and promotes some resource conservation activities outside the National Park System through grant and technical assistance programs and cooperation with partners.
• The U.S. Geological Survey is a science agency that provides physical and biological information related to geological resources; climate and land use change; natural hazards; and energy, mineral, water, and biological sciences and resources. In addition, it is the federal government's principal civilian mapping agency and a primary source of data on the quality of the nation's water resources.
• The Bureau of Ocean Energy Management manages development of the nation's offshore conventional and renewable energy resources in the Atlantic, the Pacific, the Gulf of Mexico, and the Arctic. These resources are located in areas covering approximately 1.7 billion acres located beyond state waters, mostly in the Alaska region (more than 1 billion acres) but also off all coastal states.⁹
• The Bureau of Safety and Environmental Enforcement provides regulatory and safety oversight for resource development in the outer continental shelf. Among its responsibilities are oil and gas permitting, facility inspections, environmental compliance, and oil spill response planning.
• The Office of Surface Mining Reclamation and Enforcement works with states and tribes to reclaim abandoned coal mines. The agency also regulates active coal mines to minimize environmental impacts during mining and to reclaim affected lands and waters after mining.
• Indian Affairs agencies provide and fund a variety of services to federally recognized American Indian and Alaska Native tribes and their members. Historically, these agencies have taken the lead in federal dealings with tribes. The Bureau of Indian Affairs is responsible for programs that include government operations, courts, law enforcement, fire protection, social programs, roads, economic development, employment assistance, housing repair, irrigation, dams, Indian rights protection, implementation of land and water settlements, and management of trust assets (real estate and natural resources). The Bureau of Indian Education funds an elementary and secondary school system, institutions of higher education, and other educational programs.¹⁰

Title II. Environmental Protection Agency

EPA's mission is to protect human health and the environment. Primary responsibilities include the implementation of federal statutes regulating air quality, water quality, pesticides, toxic substances, management and disposal of solid and hazardous wastes, and cleanup of environmental contamination. EPA also awards grants to assist states and local governments in implementing federal law and complying with federal requirements to control pollution.

Title III. Related Agencies

Title III of the Interior bill currently funds 21 agencies, organizations, and other entities, which are collectively referred to hereinafter as the "Related Agencies." Among the Related Agencies funded in the Interior bill, roughly 95% of the funding is typically provided to the following:

• The Forest Service in the Department of Agriculture manages 193 million acres of federal land within the National Forest System—consisting of national forests, national grasslands, and other areas—in 43 states, the Commonwealth of Puerto Rico, and the Virgin Islands. It also provides technical and financial assistance to states, tribes, and private forest landowners and conducts research on sustaining forest resources for future generations.
• The Indian Health Service in the Department of Health and Human Services provides medical and environmental health services for more than 2 million American Indians and Alaska Natives. Health care is provided through a system of facilities and programs operated by the agency, tribes and tribal organizations, and urban Indian organizations. The agency operates 26 hospitals, 59 health centers, and 32 health stations. Tribes and tribal organizations, through Indian Health Service contracts and compacts, operate another 19 hospitals, 284 health centers, 79 health stations, and 163 Alaska Native village clinics. Urban Indian organizations operate 34 ambulatory or referral programs.¹¹
• The Smithsonian Institution is a museum and research complex consisting of 19 museums and galleries, the National Zoo, and 9 research facilities throughout the United States and around the world.¹² Established by federal legislation in 1846 with the acceptance of a trust donation by the institution's namesake benefactor, the Smithsonian is funded by both federal appropriations and a private trust.
• The National Endowment for the Arts and the National Endowment for the Humanities make up the National Foundation on the Arts and the Humanities. The National Endowment for the Arts is a major federal source of support for all arts disciplines. Since 1965, it has awarded more than 145,000 grants, which have been distributed to all states. The National Endowment for the Humanities generally supports grants for humanities education, research, preservation, and public humanities programs; creation of regional humanities centers; and development of humanities programs under the jurisdiction of state humanities councils. Since 1965, it has awarded approximately 63,000 grants. It also supports a Challenge Grant program to stimulate and match private donations in support of humanities institutions.

FY2018 Appropriations

Components of President Trump's Request

For FY2018, President Trump requested $27.26 billion for the approximately 30 agencies and entities in the Interior, Environment, and Related Agencies appropriations bill. For the 10 major DOI agencies in Title I of the bill, the request was $10.62 billion, or 38.9% of the total requested. For EPA, funded in Title II of the bill, the request was $5.66 billion, or 20.7% of the total.¹³ For the roughly 20 agencies and other entities funded in Title III of the bill, the request was $10.99 billion, or 40.3% of the total.

Appropriations for agencies vary widely for reasons relating to the number, breadth, and complexity of agency responsibilities; alternative sources of funding (e.g., mandatory appropriations); and Administration and congressional priorities, among other factors. Thus, although the President's FY2018 request covered approximately 30 agencies, funding for a small subset of these agencies accounted for most of the total. For example, the requested appropriations for three agencies—EPA, Forest Service, and Indian Health Service—were more than half (55.4%) of the total request. Further, nearly three-quarters (73.9%) of the request was for these three agencies and two others, National Park Service and Indian Affairs.¹⁴

For DOI agencies, the FY2018 requests ranged from $114.2 million for the Bureau of Ocean Energy Management to $2.55 billion for the National Park Service. The requests for 5 of the 10 agencies exceeded $1 billion. Nearly half (47.5%) of the $10.62 billion requested for DOI agencies was for two agencies—the National Park Service ($2.55 billion) and Indian Affairs ($2.49 billion).

For Related Agencies in Title III, the requested funding levels exhibited even more variation. The President sought amounts ranging from no funding for two entities—grants under National Capital Arts and Cultural Affairs and the Women's Suffrage Centennial Commission—to $4.74 billion for the Indian Health Service. The Forest Service would be the only other agency to receive more than $4 billion.¹⁵ The next-largest request was for the Smithsonian Institution, at $947.0 million. By contrast, 17 agencies would receive less than $80 million each, including 9 with appropriations of less than $10 million each.

Figure 1 identifies the share of the President's FY2018 request for particular agencies in the Interior bill. Figure 2 depicts the appropriations requested by the President for FY2018 for each of the three main titles of the bill: Title I, DOI; Title II, EPA; and Title III, Related Agencies. For each of the three main titles, Figure 2 also depicts the enacted appropriations for FY2017, the appropriations for FY2018 in H.R. 3354 as passed by the House, and the appropriations for FY2018 in the draft released by the chairmen of the Senate Committee on Appropriations. Table 1, at the end of this report, contains the amount requested by the President for FY2018 for each agency. It also contains the FY2017 enacted appropriations for each agency; the percentage change between FY2017 enacted appropriations and the President's request for FY2018; the FY2018 appropriations included in H.R. 3354 as passed by the House; the percentage change between the FY2017 enacted appropriations and the FY2018 levels passed by the House; the FY2018 appropriations included in the Senate chairmen's draft; and the percentage change between the FY2017 enacted appropriations and the FY2018 levels included in the Senate chairmen's draft.

Figure 1. Components of President Trump's FY2018 Request for Interior, Environment, and Related Agencies

Source: Prepared by the Congressional Research Service (CRS) with data from the House Appropriations Committee. Notes: Agencies shown in shades of red are in the Department of the Interior, Title I of the bill. The Environmental Protection Agency, shown in green, is in Title II of the bill. Agencies shown in shades of gold are Related Agencies, Title III of the bill. Percentages do not add to 100% due to rounding.

FY2018 President Trump's Request Compared with FY2017 Enacted Appropriations

The President's request of $27.26 billion for FY2018 would be a decrease of $5.37 billion (16.5%) from the total FY2017 enacted appropriations of $32.63 billion. This FY2017 total includes $407.0 million in emergency funding for wildfire suppression of the Forest Service and DOI.¹⁶

Under the President's proposal, the total for each of the bill's three titles would decrease by a different amount relative to FY2017 enacted levels. Funding for DOI agencies would decrease by $1.64 billion (13.4%) when compared to FY2017. EPA appropriations would decrease by $2.40 billion (29.8%), the largest dollar amount and percentage of the three titles. The total for all Related Agencies in Title III would decline by $1.33 billion (10.8%).

With regard to DOI, the President proposed decreases below FY2017 enacted levels for 8 of the 10 agencies. The decreases varied in dollar amount and percentage of appropriations, with the smallest dollar decrease of $83.3 million (5.3%) for the Department-Wide Programs account. The overall reduction for Department-Wide Programs reflected the President's elimination of funding for the FLAME Wildfire Suppression Reserve account. The President continued to seek funds for fire suppression through DOI's Wildland Fire Management account, however.¹⁷ Within the Department-Wide Programs Account, the President also sought to reduce funding for the Payments in Lieu of Taxes Program (PILT), from $465.0 million in FY2017 to $396.9 million in FY2018. PILT compensates counties and local governments for nontaxable lands within their jurisdictions. The proposed decreases for the other seven DOI agencies exceeded $100.0 million. The largest was for the National Park Service, with a reduction of $378.5 million (12.9%). Some of this reduction was proposed for facility operation and maintenance, land acquisition, and grant programs. The next-largest decrease was for Indian Affairs—$371.7 million (13.0%), reflecting reductions for education and construction programs, among others.

Two DOI agencies would receive increased appropriations for FY2018 under the President's request. Appropriations for the Bureau of Ocean Energy Management would increase by $39.6 million (53.0%), largely because of a decrease in expected revenue from rental receipts and cost-recovery fees. Thus, the Administration anticipates funding a higher amount of the agency's budget through appropriations. Appropriations for the Bureau of Safety and Environmental Enforcement also would increase, by $31.9 million (38.3%), in large part due to a rescission of appropriations for FY2017. Such rescissions have the effect of offsetting appropriations.

Within the overall decrease for EPA, the President sought reductions for most, but not all, accounts.¹⁸ The $880.5 million (33.9%) decrease for the Environmental Programs and Management account was the largest overall dollar decrease for EPA accounts. This account funds a broad array of activities supporting EPA's development and enforcement of pollution-control regulations and standards, technical assistance, and administrative and operational expenses. The President proposed lower amounts for various programs within the account, among them geographic programs, enforcement, clean air, and water-quality protection. The second-largest decrease from FY2017 enacted levels, $593.7 million (16.8%), was proposed for EPA's account for State and Tribal Assistance Grants. Within this account, the President proposed reductions for a variety of state and tribal categorical grant programs.¹⁹ However, the President sought level funding in the account for grants to states for wastewater infrastructure projects through the Clean Water State Revolving Fund and for drinking water infrastructure grants to states through the Drinking Water State Revolving Fund.

Under the President's FY2018 request, 18 of the 21 Title III agencies that were funded in FY2017 would receive varying funding decreases. The President proposed the largest dollar declines for the two biggest agencies. Appropriations for the Forest Service would be cut by $879.8 million (15.7%), primarily through lower funding for capital improvement and maintenance, cooperative forestry, land acquisition, and fire suppression. Similar to the DOI proposal, the Forest Service proposal would eliminate funding for the Forest Service's FLAME account. However, the President's request included funding for wildfire suppression through the Wildland Fire Management account. The President also proposed a $300.6 million (6.0%) decrease for the Indian Health Service, reflecting reduced funding for clinical services, health facilities, and other programs. The Smithsonian Institution would receive the largest increase of Title III agencies—$83.7 million (9.7%)—largely dedicated to revitalizing facilities. In addition, the President sought $7.0 million in FY2018 for one entity that did not receive appropriations in FY2017—the World War I Centennial Commission.

Figure 2. Appropriations for Interior, Environment, and Related Agencies, by Major Title, FY2017-FY2018

Source: Prepared by CRS with data from the House and Senate Appropriations Committees. Notes: This figure depicts appropriations enacted for FY2017, requested by the President for FY2018, contained in H.R. 3354 as passed by the House for FY2018, and contained in a draft released by the chairmen of the Senate Committee on Appropriations for FY2018. It shows the total appropriations for Interior, Environment, and Related Agencies and the portion for each major title of the bill. Appropriations totals reflect rescissions. The total of $31.50 billion in the FY2018 House bill includes $6.0 million in Title IV of the bill, related to a funding limitation for wind turbines. The total of $32.60 billion in the FY2018 Senate chairmen's draft includes $4.0 million in Title IV of the bill, related to treatment of certain hospitals. These fourth titles are not reflected separately in the figure.

Comparison of FY2017 House-Passed Bill and Senate Chairmen's Draft

H.R. 3354, as passed by the House on September 14, 2017, contained $31.50 billion in appropriations for FY2018 for Interior, Environment, and Related Agencies. The draft chairmen's recommendation released by the Senate Appropriations Committee on November 20, 2017, included $32.60 billion for the bill, an amount $1.09 billion (3.5%) higher than the House-passed level.²⁰ Both bills included $465.0 million for PILT, level with the FY2017 appropriation.

See Table 1 for the House-passed and Senate chairmen's draft funding levels for each title and agency in the Interior bill.

The bills differed in terms of the amount, type, and accounts for addressing wildland fires. The Senate draft contained higher overall funding for wildland fires, including $506.8 million in emergency appropriations for managing wildland fires ($11.6 million for DOI and $495.2 million for the Forest Service). Such emergency funding typically does not count towards a subcommittee's allocation for the bill.²¹ The House-passed bill did not include emergency appropriations. The Senate chairmen's draft also proposed a cap adjustment to the discretionary spending limits in law for certain wildland fire suppression activities.²² The measures would fund some Forest Service activities currently funded under the Wildland Fire Management account under other Forest Service accounts.²³

The Senate chairmen's draft contained higher appropriations than H.R. 3354 for each of the three titles of the bill, with an additional $109.8 million (0.9%) for DOI agencies, $515.6 million (7.0%) for EPA, and $471.3 million (3.9%) for Related Agencies. Most, but not all, DOI agencies would receive higher funding under the Senate chairmen's draft than under the House-passed bill.

The measures included differing amounts for many EPA accounts, with the biggest dollar difference for Environmental Programs and Management—the Senate chairmen's draft had $499.2 million (25.2%) more). Although the draft reflected more money for certain activities in this account (e.g., clean air and geographic programs), the variation between the measures was primarily due to a $386.9 million general reduction for the account in the House bill only.

The measures also reflected differing appropriations levels for many Title III agencies. The Forest Service accounted for the largest dollar difference, with $564.2 million (10.8%) more in the Senate chairmen's draft than in H.R. 3354. Nearly all Forest Service accounts would receive higher funds under the draft, including accounts for State and Private Forestry, Capital Improvement and Maintenance, Land Acquisition, and Wildland Fire Management. The inclusion of the emergency appropriations for wildland fires contributed to the larger overall appropriation in the Senate chairmen's draft. However, the House bill provided higher funding than the draft for some Title III agencies. For instance, for the Indian Health Service, the House bill would provide $96.0 million (1.9%) more than the $5.04 billion in the Senate chairmen's draft. A key difference was the inclusion of funds in the House bill for the Indian Health Care Improvement Fund, which seeks to eliminate deficiencies among Indian health programs.²⁴

FY2018 Measures Compared with FY2017 Appropriations

Both H.R. 3354 as passed by the House and the Senate chairmen's draft would provide lower appropriations for FY2018 than were enacted for FY2017 ($32.63 billion). The $31.50 billion in the House passed bill would be a reduction of $1.13 billion (3.5%), while the $32.60 billion in the Senate chairmen's draft would be a reduction of $35.2 million (0.1%).

H.R. 3354 Compared with FY2017 Appropriations

For each of the three titles of the bill, H.R. 3354 would decrease funds by a different amount relative to the FY2017 enacted levels. Funding for DOI agencies would decrease by $189.3 million (1.5%). Funding for EPA would decline by $665.1 million (8.3%), the largest dollar amount and percentage of the three titles. The total for all Related Agencies in Title III would decrease by $281.5 million (2.3%).

Although 5 of the 10 DOI agencies would share in the overall decrease, another 5 DOI agencies would increase under the House-passed bill. The largest recommended dollar decrease was $205.5 million (32.4%) for the Departmental Offices account. Much of the decline would result from moving funding for the Office of Natural Resources Revenue from the Departmental Offices account to the Department-Wide Programs account.²⁵ Of the five DOI agencies that would receive increased funding, the largest dollar amount would be $67.8 million (26.8%) for the Office of Surface Mining Reclamation and Enforcement. The increase was primarily the result of additional funds for grants to states for reclaiming abandoned mine lands and related activities.

Within the overall decrease for EPA, the account with the largest dollar decline would be Environmental Programs and Management, with $616.6 million (31.1%) less than FY2017 enacted appropriations. Programs in the account that would be reduced include clean air, enforcement, water-quality protection, and geographic programs. The general reduction of $386.9 million in the account in the House bill also contributed to its overall lower amount relative to FY2017. In contrast, the House bill would increase funds for some EPA accounts, including a tripling of funding for the Water Infrastructure Finance and Innovation Program, with FY2018 funding of $30.0 million. The program helps finance water infrastructure projects.²⁶

Of the 21 Title III agencies funded in FY2017, the largest dollar reduction—$358.4 million (6.4%)—would apply to the Forest Service, largely from reducing funds for wildfire suppression (through eliminating the FLAME account).²⁷ H.R. 3354, as passed by the House, would increase funds for some Title III agencies, with the largest dollar amount—$97.0 million (1.9%)—for the Indian Health Service. The additional funds would be used for hospital and health clinics, the Indian Health Care Improvement Fund,²⁸ and other programs, although funding for some activities would decrease, e.g., contract support costs.

Senate Chairmen's Draft Compared with FY2017 Appropriations

The Senate chairmen's draft would decrease funding for DOI agencies and EPA, while increasing funding for Related Agencies. The overall DOI decrease of $79.5 million (0.6%) was composed of reductions for four agencies, increases for five agencies, and level funding for one agency. The largest recommended dollar decrease was $164.4 million (25.9%) for the Departmental Offices account, again primarily from moving funding for the Office of Natural Resources Revenue to the Department-Wide Programs account. Due to this transfer, the Department-Wide Programs account would receive the largest dollar increase, of $74.2 million (4.8%). However, funding for some Department-Wide Programs would be reduced, with a decline for wildland fire fighting of $58.0 million (5.8%) from the FY2017 level.

The Senate chairmen's draft would fund EPA at $149.5 million (1.9%) less than the FY2017 appropriation. The EPA account with the largest dollar decrease, of $117.5 million (4.5%), would be Environmental Programs and Management. Programs in the account that would be reduced include clean air, enforcement, and water quality protection. The Science and Technology account, which includes funds for research and development, would have the next largest dollar decline, specifically $72.4 million (10.3%). However, funding for some accounts would rise under the draft. Like the House bill, the Senate chairmen's draft would triple funding for the Water Infrastructure Finance and Innovation Program from $10.0 million appropriated in FY2017 to $30.0 million for FY2018.

Title III agencies would increase by $189.8 million (1.5%) in FY2018 under the Senate chairmen's draft. The largest dollar increase—of $205.8 million (3.7%)—was for the Forest Service, largely from higher funding for wildland fires (through multiple accounts). Other Forest Service accounts and programs also would receive additional funds under the draft, including the Capital Improvement and Maintenance account, for facilities and other areas. Although the Senate chairmen's draft contained nearly level funding for the Indian Health Service, monies would be allocated differently than in FY2017. For instance, the draft (like the House-passed bill) would provide additional funds for hospital and health clinics but lower funds for contract support costs.

FY2018 Measures Compared with FY2018 President's Request

Both H.R. 3354 as passed by the House and the Senate chairmen's draft would provide higher FY2018 appropriations than requested by President Trump for FY2018 ($27.26 billion). The $31.50 billion in H.R. 3354 was $4.24 billion (15.6%) higher than the President's FY2018 requested appropriations. The $32.60 in the Senate chairmen's draft was $5.34 billion (19.6%) higher than the President's request.

H.R. 3354 Compared with President Trump's FY2018 Request

The House-passed bill contained more funding for FY2018 than the Administration's request for each of the bill's three titles. DOI agencies would receive $1.45 billion (13.6%) more under H.R. 3354 than under the President's request, with higher appropriations for 7 of the 10 agencies. The largest dollar increase would be $392.7 million (15.8%) for the Bureau of Indian Affairs. This increase would apply to various programs and activities, including education programs and school construction, public safety and justice, and land and water claims settlements. The next-highest dollar increase in H.R. 3354, relative to the President's request, was an additional $333.7 million (13.1%) for the National Park Service. The additional funds would be directed to facility operations and maintenance, land acquisition and outdoor recreation grants to states, visitor services, and the Historic Preservation Fund, among other activities.

Of DOI agencies, the Bureau of Ocean Energy Management would receive the largest dollar decrease under H.R. 3354 relative to the President's request for FY2018, specifically $25.0 million (21.9%) less. The difference is attributable to rescissions of appropriations in H.R. 3354 that did not appear in the President's budget request.

EPA funding would be $1.74 billion (30.7%) higher under the FY2018 House-passed bill than was requested by the President for FY2018. For most accounts, the bill contained higher amounts than sought by the President. The largest dollar differences were for the following three accounts. First, the State and Tribal Assistance Grants account would receive $605.7 million (20.6%) more under the bill than was requested by the President, largely due to higher amounts for a variety of categorical grants. Second, the Hazardous Substance Superfund account would receive $354.3 million (46.5%) more under the bill than under the Administration's request, for remedial and other cleanup, enforcement, and other activities. Third, for Environmental Programs and Management, the bill contained $263.9 million (15.4%) more than the President's request. Programs in the account that would receive higher funding include geographic programs, for which the President did not seek funds, and clean air. As noted, the House bill total for this account reflected a general reduction of $386.9 million (as well as a rescission of $41.0 million).

H.R. 3354 would provide Title III agencies with $1.05 billion (9.6%) more in FY2018 than sought by the President. Thirteen agencies would share in the overall increase for Title III agencies, with the three largest dollar increases as follows. First, for the Forest Service, the House-passed bill included $521.3 million (11.1%) more than the President requested. Most Forest Service accounts would receive higher funding under the bill, including larger appropriations for Capital Improvement and Maintenance ($255.0 million, or 301.1% more) for facilities, roads, and trails; the National Forest System ($134.0 million, or 7.7% more); and State and Private Forestry ($71.2 million, or 60.3% more), especially for cooperative forestry programs. Second, for the Indian Health Service, H.R. 3354 contained $397.6 million (8.4%) more than proposed by the President, with higher amounts for hospital and health clinics, Indian health facilities, and the Indian Health Care Improvement Fund. The Administration did not seek appropriations for this fund. Third, the bill included more funding for the National Endowment for the Arts ($116.0 million, or 399.7% more) and the National Endowment for the Humanities ($102.7 million, or 242.7% more) than the President requested. The House bill contained grant funding for these entities, which the President had proposed to eliminate for FY2018, with one exception for the National Endowment for the Humanities.

A handful of agencies would receive less funding under H.R. 3354 than the President requested for FY2018, among them the Dwight D. Eisenhower Memorial Commission and the Smithsonian Institution. For the memorial commission, the bill contained $70.2 million (80.9%) less than the President's request, essentially for construction of the memorial. For the Smithsonian Institution, the bill contained $59.9 million (6.3%) less than the request, primarily for revitalizing facilities.

Senate Chairmen's Draft Compared with President Trump's FY2018 Request

The Senate chairmen's draft also contained higher appropriations for FY2018 than the Administration's request for each of the bill's three titles. In a number of cases, the draft would provide the largest dollar increases to the same agencies and programs as the House bill. The draft contained $1.56 billion (14.7%) more for DOI agencies than the President's request, with higher appropriations for 8 of the 10 agencies. The Senate chairmen's draft provided the largest dollar increases for the National Park Service and Bureau of Indian Affairs. For the National Park Service, the draft contained an additional $388.7 million (15.2%) for a variety of activities, including facility operations and maintenance, land acquisition and outdoor recreation grants to states, visitor services, and the Historic Preservation Fund. For the Bureau of Indian Affairs, the draft included an additional $379.3 million (15.2%) for education programs and school construction, public safety and justice, and land and water claims settlements, among other programs. As under the House bill, the Bureau of Ocean Energy Management would receive the largest dollar decrease under the Senate chairmen's draft—$15.0 million (13.1%)—due to a rescission of appropriations.

EPA funding would be $2.25 billion (39.9%) higher under the Senate committee draft than was requested by the President for FY2018. The three accounts that would receive the largest increases under the Senate draft were the following. First, for Environmental Programs and Management, the draft contained $763.1 million (44.4%) more than the President's request. This was in part because the draft funded geographic programs, while the President's request did not, and contained higher funding for clean air. Second, the State and Tribal Assistance Grants account would receive $619.6 million (21.1%) more under the draft than under the President's request, largely due to additional monies for categorical grants. Third, the Hazardous Substance Superfund account would receive $328.7 million (43.1%) more under the bill than under the Administration's request, for remedial and other cleanup, enforcement, and other activities.

Title III agencies would be funded at $1.52 billion (13.9%) more in FY2018 under the Senate chairmen's draft than under the President's request. For the Forest Service, the draft contained $1.09 billion (23.0%) more than the President requested, with most accounts receiving higher funding. Wildland Fire Management would receive $380.5 million (15.2%) more, in part due to the inclusion of emergency appropriations for wildfires. Capital Improvement and Maintenance would be funded at $301.5 million (356.0%) more, and State and Private Forestry would have an additional $188.5 million (159.8%) in part for cooperative forestry programs. For the Indian Health Service, the Senate chairmen's draft contained $301.6 million (6.4%) more than proposed by the President, with higher amounts for hospital and health clinics and Indian health facilities. The Senate chairmen's draft included grant funding for the National Endowment for the Arts and the National Endowment for the Humanities, which the President would largely eliminate. As a result, the draft had $120.8 million (416.4%) more for the Arts and $107.5 million (254.2%) more for the Humanities.

The Dwight D. Eisenhower Memorial Commission and the Smithsonian Institution were among the Title III agencies that would receive less funding than requested by the President for FY2018. The $70.0 million (80.6%) less for the Memorial Commission reflects lower funding for construction, and the $68.6 million (7.2%) less for the Smithsonian is primarily because of lower funding for revitalizing facilities.

FY2018 Shutdown, Continuing Appropriations, and Supplemental Appropriations

Shutdown

From October 1, 2017, through January 19, 2018, Interior, Environment, and Related Agencies received appropriations under continuing resolutions. Continuing appropriations were provided because no regular appropriations were enacted before the start of the 2018 fiscal year on October 1, 2017. Continuing appropriations expired after January 19, 2018, before being extended on January 22, 2018 (through February 8, 2018). As a result of the funding lapse, a partial government shutdown went into effect. During the funding gap, agencies generally were prohibited by the Antideficiency Act from spending funds in advance of or in excess of appropriations. Exceptions in the law allowed some agency functions to continue, for instance, for "emergencies involving the safety of human life or the protection of property."²⁹ Under guidance issued by the Office of Management and Budget, agencies in the Interior bill developed and operated under plans that generally summarized agency activities that would cease and agency activities that would continue during a lapse in appropriations for FY2018. These plans also typically identified the number of employees expected to continue working and the number expected to be furloughed.³⁰

Continuing Appropriations

Currently, Interior, Environment, and Related Agencies are receiving continuing appropriations through February 8, 2018.³¹ The CR generally provides funding at the FY2017 level (in Division G, P.L. 115-31), minus an across-the-board reduction of 0.6791% for the period covered. It also generally provides funds for continuing projects and activities, under the same authority and conditions and to the same extent and manner as for FY2017.³²

However, the CR included several exceptions related to Interior, Environment, and Related Agencies. These "anomalies" changed the purposes or amounts of funds, extended expiring provisions of law, or made other changes in existing law. They related to a transfer of funds for wildland fire suppression; funding levels for the operation of the National Park System, EPA's Water Infrastructure Finance and Innovative Program Account, and Indian health services and facilities; and an extension of authorities related to recreation fees, the Dwight D. Eisenhower Memorial Commission, and EPA pesticide fee collection.³³

Supplemental Appropriations

For FY2018, a total of $576.5 million in emergency supplemental appropriations has been enacted for wildland fires.³⁴ Of the total, $526.5 million was for the Forest Service, with $184.5 million for Wildland Fire Management and $342.0 million for the FLAME account. The remaining $50.0 million was for DOI Wildland Fire Management.³⁵

Author Contact Information

Key Policy Staff

Footnotes

1.	As reported by the House Appropriations Committee, H.R. 3354 provided appropriations for Interior, Environment, and Related Agencies. Subsequently, as passed by the House, H.R. 3354 was the vehicle to provide omnibus appropriations for departments and agencies throughout the government.
2.	Hereinafter, the Senate document is often referred to as the Senate chairmen's draft. This draft measure, and an accompanying draft explanatory statement, are on the website of the Senate Appropriations Committee at https://www.appropriations.senate.gov/news/majority/fy2018-interior-environment-appropriations-bill-released.
3.	For selected relevant reports, see Congressional Research Service (CRS), "Interior & Environment Appropriations," at http://www.crs.gov/search/#/0?termsToSearch=Interior%20%26%20Environment%20Appropriations&orderBy=Date&navIds=4294930742.
4.	Hereinafter, the annual Interior, Environment, and Related Agencies appropriations bill is sometimes referred to as the Interior bill. Many of the agencies that receive discretionary appropriations through the Interior bill also receive mandatory appropriations under various authorizing statutes. This report does not address mandatory appropriations.
5.	The exceptions are the Bureau of Reclamation and the Central Utah Project, which receive appropriations through Energy and Water Development appropriations laws. For information on FY2018 appropriations for these entities, see CRS Report R44895, Energy and Water Development: FY2018 Appropriations, by [author name scrubbed] and [author name scrubbed].
6.	This statement is taken from the Department of the Interior (DOI) website at http://www.doi.gov/whoweare/mission-statement.cfm.
7.	In addition, Interior appropriations bills provide funding within two broad DOI accounts covering diverse programs. In FY2017, the Departmental Offices account funded the Office of the Secretary (including the Office of Natural Resources Revenue), Insular Affairs, Office of the Solicitor, Office of Inspector General, and Office of the Special Trustee for American Indians. The Department-Wide Programs account funded DOI Wildland Fire Management, the Central Hazardous Materials Fund, the Natural Resource Damage Assessment Fund, the Working Capital Fund, and the Payments in Lieu of Taxes (PILT) program.
8.	This is the acreage over which the Fish and Wildlife Service has primary jurisdiction in the United States and the territories, but the figure excludes acreage in marine national monuments over which the agency has jurisdiction.
9.	For a discussion of state and federal waters, see CRS Report RL33404, Offshore Oil and Gas Development: Legal Framework, by [author name scrubbed].
10.	Hereinafter, "Indian Affairs" refers to the Bureau of Indian Affairs and the Bureau of Indian Education.
11.	Department of Health and Human Services, Indian Health Service (IHS), "IHS 2016 Profile," April 2017, at https://www.ihs.gov/newsroom/factsheets/ihsprofile/. For additional information on the agency, see CRS Report R43330, The Indian Health Service (IHS): An Overview, by [author name scrubbed].
12.	These statistics are from the Smithsonian Institution's website at http://www.si.edu/About.
13.	Information on the President's FY2018 request for Environmental Protection Agency (EPA) appropriations is contained in CRS In Focus IF10665, U.S. Environmental Protection Agency (EPA): FY2018 President's Budget Request, by [author name scrubbed] and [author name scrubbed]. Information on action on FY2018 EPA appropriations is contained in CRS In Focus IF10717, U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action, by [author name scrubbed] and [author name scrubbed].
14.	Information on the President's FY2018 request for Indian Health Service appropriations is contained in CRS Report R44040, Indian Health Service (IHS) Funding: Fact Sheet, by [author name scrubbed].
15.	Information on the President's FY2018 request for Forest Service appropriations, as compared with FY2017 enacted appropriations, is contained in CRS In Focus IF10670, Forest Service: FY2017 Appropriations and FY2018 Budget Request, by [author name scrubbed].
16.	Of the total, $342.0 million was for the Forest Service and $65.0 million was for DOI. These funds were provided to each of the agency's FLAME Wildfire Suppression Reserve Account.
17.	For historical information on wildfire suppression funding and related issues, see CRS Report R44082, Wildfire Suppression Spending: Issues and Legislation in the 114th Congress, by [author name scrubbed] and [author name scrubbed].
18.	In addition to the decreases discussed here for some individual accounts, the President proposed a general rescission of $369.0 million of unobligated balances.
19.	Funds are allocated for "categorical" grants generally to support day-to-day implementation of environmental laws, including a range of activities such as monitoring, permitting, standard setting, training, and other pollution control and prevention activities.
20.	This draft measure, and an accompanying draft explanatory statement, are on the website of the Senate Appropriations Committee at https://www.appropriations.senate.gov/news/majority/fy2018-interior-environment-appropriations-bill-released.
21.	Both the House and Senate Appropriations Committees report "302(b)" allocations for the House and Senate Interior appropriations Subcommittees (and other appropriations subcommittees). These allocations function as ceilings on the Interior bill. For an overview of 302(b) allocations, see CRS Report RS20144, Allocations and Subdivisions in the Congressional Budget Process, by [author name scrubbed]
22.	Budget authority designated for certain purposes would cause the limits to be adjusted, making it effectively not subject to the limits.
23.	For additional information on funding for wildland fire management, see CRS Report R45005, Wildfire Management Funding: Background, Issues, and FY2018 Appropriations, by [author name scrubbed] and CRS Report R44966, Wildfire Suppression Spending: Background, Issues, and Legislation in the 115th Congress, by [author name scrubbed] and [author name scrubbed].
24.	H.R. 3354 as passed by the House provides that appropriations for the Indian Health Care Improvement Fund may be used for activities typically funded by the Indian Health Facilities account. For additional information on this fund, see CRS Report R41630, The Indian Health Care Improvement Act Reauthorization and Extension as Enacted by the ACA: Detailed Summary and Timeline, by [author name scrubbed].
25.	The Office of Natural Resources Revenue manages revenues from the development of energy and natural resources on the outer continental shelf and onshore federal and Indian lands.
26.	This program was included as Title V, Subtitle C, in the Water Resources Reform and Development Act of 2014 (P.L. 113-121). For additional information, see CRS Report R43315, Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program, by [author name scrubbed] and [author name scrubbed].
27.	Comparisons of funding for the Forest Service in general and for particular programs and accounts within the agency is complicated because of differences in the structure of the FY2017 enacted appropriations and appropriations proposed for FY2018 by the President, House bill, and Senate chairmen's draft.
28.	This fund did not receive FY2017 appropriations. However, it received appropriations in some earlier years.
29.	31 U.S.C. 1342. The authority to continue some activities during a lapse in appropriations is governed by the Antideficiency Act, as interpreted by Department of Justice legal opinions and reflected in Office of Management and Budget guidance to executive agencies. For additional information on lapses of government funding, see CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by [author name scrubbed] and CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by [author name scrubbed].
30.	These contingency plans for agencies throughout government are on the White House website at https://www.whitehouse.gov/omb/agency-contingency-plans/.
31.	These funds are provided under continuing appropriations laws, namely Division D of P.L. 115-56, the Continuing Appropriations Act, 2018, as extended by P.L. 115-90, P.L. 115-96, and P.L. 115-120. Also, P.L. 115-120 would make the provisions of the original CR (P.L. 115-56) applicable to the period during which there was a lapse in appropriations.
32.	For an overview of the general provisions of the initial CR (P.L. 115-56) that established the coverage, duration, and rate of spending, and of the exceptions to these general provisions, see CRS Report R44978, Overview of Continuing Appropriations for FY2018 (P.L. 115-56), coordinated by [author name scrubbed].
33.	These anomalies were included in P.L. 115-56, except that the provisions related to the Indian Health Service were contained in P.L. 115-96.
34.	Title II, P.L. 115-72.
35.	For additional information on supplemental funding for wildfires, see CRS Report R45005, Wildfire Management Funding: Background, Issues, and FY2018 Appropriations, by [author name scrubbed].