74–897 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–589 

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATION BILL, 2013 

JULY 10, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SIMPSON, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 6091] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for the 

Department of the Interior, the Environmental Protection Agency, 

and Related Agencies for the fiscal year ending September 30, 

2013. The bill provides regular annual appropriations for the Department of the Interior (except the Bureau of Reclamation and the 

Central Utah Project), the Environmental Protection Agency, and 

for other related agencies, including the Forest Service, the Indian 

Health Service, the Smithsonian Institution, and the National 

Foundation on the Arts and the Humanities. 

CONTENTS 

Page number 

Bill Report 

Title I—Department of the Interior: 

Bureau of Land Management ............................................................ 2 12 

United States Fish and Wildlife Service ........................................... 8 18 

National Park Service ......................................................................... 14 24 

United States Geological Survey ....................................................... 17 30 

Bureau of Ocean Energy Management ............................................. 20 31 

Bureau of Safety and Environmental Enforcement ......................... 21 32 

Office of Surface Mining Reclamation and Enforcement ................. 23 33 

Bureau of Indian Affairs and Bureau of Indian Education ............. 26 34 


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Page number 

Bill Report 

Office of the Secretary ........................................................................ 34 37 

Insular Affairs ..................................................................................... 36 39 

Office of the Solicitor .......................................................................... 39 40 

Office of Inspector General ................................................................. 39 40 

Office of the Special Trustee for American Indians ......................... 40 40 

Department-wide Programs: 

Wildland Fire Management, Interior Department ........................... 41 41 

FLAME Wildfire Suppression Reserve Fund, Interior Department 45 42 

Central Hazardous Materials Fund .................................................. 45 42 

Natural Resource Damage Assessment and Restoration ................. 46 43 

Working Capital Fund ........................................................................ 46 43 

General Provisions, Department of the Interior ............................... 48 44 

Title II—Environmental Protection Agency: 

Science and Technology ...................................................................... 58 46 

Environmental Programs and Management ..................................... 58 50 

Office of Inspector General ................................................................. 59 59 

Buildings and Facilities ...................................................................... 59 60 

Hazardous Substance Superfund ....................................................... 60 60 

Leaking Underground Storage Tank Program ................................. 60 62 

Inland Oil Spill Program .................................................................... 61 63 

State and Tribal Assistance Grants .................................................. 61 64 

Administrative Provisions .................................................................. 66 66 

Title III—Related Agencies: 

Forest Service, U.S. Department of Agriculture .............................. 68 67 

Forest Service, Wildland Fire Management ..................................... 73 76 

FLAME Wildfire Suppression Reserve Fund, Forest Service ......... 76 78 

Indian Health Service, DHHS ........................................................... 84 79 

National Institute of Environmental Health Sciences ..................... 92 82 

Agency for Toxic Substances and Disease Registry ......................... 92 83 

Other Related Agencies: 

Council on Environmental Quality and Office of Environmental 

Quality .............................................................................................. 94 84 

Chemical Safety and Hazard Investigation Board ........................... 94 84 

Office of Navajo and Hopi Indian Relocation ................................... 95 84 

Institute of American Indian and Alaska Native Culture and Arts 

Development .................................................................................... 96 85 

Smithsonian Institution ..................................................................... 96 85 

National Gallery of Art ....................................................................... 98 87 

John F. Kennedy Center for the Performing Arts ............................ 100 88 

Woodrow Wilson International Center for Scholars ........................ 100 88 

National Endowment for the Arts ..................................................... 100 89 

National Endowment for the Humanities ......................................... 101 90 

Commission of Fine Arts .................................................................... 102 91 

National Capital Arts and Cultural Affairs ...................................... 103 92 

Advisory Council on Historic Preservation ....................................... 103 92 

National Capital Planning Commission ............................................ 103 93 

United States Holocaust Memorial Museum .................................... 104 93 

Presidio Trust ...................................................................................... N/A 94 

Dwight D. Eisenhower Memorial Commission ................................. N/A 94 

Title IV—General Provisions 104 95 

INTRODUCTION

The fiscal year 2013 bill has been developed following careful 

consideration of the facts and details available to the Committee. 

The Committee recommends $28,000,000,000 to fund the Department of the Interior, the Environmental Protection Agency, the 

U.S. Forest Service, the Indian Health Service, the Smithsonian Institution, and 18 other related agencies. 


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This amount reflects a $1,174,992,000 reduction in spending from the fiscal year 2012 enacted level and a $1,667,096,000 reduction from the budget request. Overall spending is reduced by four 

percent from fiscal year 2012 and six percent below the budget 

request. 

The amounts in the accompanying bill are reflected by title in 

the table below. In addition, a detailed table providing the recommended amounts for each agency/bureau, account, or program 

funded through this bill is included at the end of this report. 

BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE 

DISCRETIONARY BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE 

Activity Budget estimates, 

fiscal year 2013 

Committee bill, 

fiscal year 2013 

Committee bill 

compared with 

budget estimates 

Title I, Department of the Interior: 

New budget authority ...................................................... $10,379,617,000 $9,902,498,000 ¥$477,119,000 

Title II, Environmental Protection Agency: 

New budget authority ...................................................... 8,344,480,000 7,055,041,000 ¥1,289,439,000 

Title III, Related Agencies: 

New budget authority ...................................................... 10,942,999,000 10,644,461,000 ¥298,538,000 

Title IV, General Provisions: 

New budget authority ...................................................... 0 0 0 

Total, New budget authority ........................................ 29,667,096,000 27,602,000,000 ¥2,065,096,000 

BILL SUMMARY

FOCUSING ON PROVEN, CORE PROGRAMS

The fiscal challenges facing our country today are evident in 

record Federal budget deficits and our staggering national debt. 

Today, the Federal government borrows over 40 cents for each dollar that it spends. While our country’s fiscal challenges can’t be addressed with cuts to discretionary programs, alone, the Committee 

has an obligation to reverse unsustainable patterns of spending 

growth. The fiscal year 2013 Interior, Environment, and Related 

Agencies appropriations bill is a step forward in that direction. 

The Subcommittee has made difficult choices in fashioning its 

budget recommendations. Members of Congress provided considerable input into the content of this measure. In total, 246 Members 

submitted over 2,100 programmatic requests relating to funding 

levels for multiple agencies and programs. 

History has shown that bigger budgets don’t necessarily produce 

better results. Each agency under the Subcommittee’s jurisdiction 

is strongly encouraged to carefully evaluate how it conducts its 

work during these constrained fiscal times and focus on proven, 

cost-effective programs and on better management of resources. 

OVERSIGHT AND BUDGETING FOR RESULTS

The Interior, Environment, and Related Agencies Subcommittee 

takes seriously its oversight responsibility and has conducted 16 

budget hearings this year (including five hearings involving the 

public and American Indians) to carefully review the programs and 

budgets under its jurisdiction. Over the course of these hearings, 

Subcommittee Members engaged in a rigorous process to determine 

the best use of funds to meet the substantial needs and priorities 


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outlined in this report. The Subcommittee held the following oversight hearings over a two-month period: 

Department of the Interior FY13 budget oversight hearing—February 16, 2012 

U.S. Forest Service FY13 budget oversight hearing—February 

17, 2012 

Indian Health Service FY13 budget oversight hearing—February 

28, 2012 

Bureau of Indian Affairs FY13 budget oversight hearing—February 28, 2012 

EPA FY13 budget oversight hearing—February 29, 2012 

Fish and Wildlife Service FY13 budget oversight hearing—March 

1, 2012 

Bureau of Land Management FY13 budget oversight hearing— 

March 6, 2012 

U.S. Geological Survey FY13 budget oversight hearing—March 6, 

2012 

Bureau of Ocean Energy Management/Bureau of Safety and Environmental Enforcement FY 13 budget oversight hearing—March 

7, 2012 

Smithsonian Institution FY13 budget oversight hearing—March 

20, 2012 

National Park Service FY13 budget oversight hearing—March 

20, 2012 

Public Witnesses—March 21, 2012 

Public Witnesses—March 22, 2012 

American Indian/Alaska Native Public Witnesses—March 27, 

2012 (morning) 

American Indian/Alaska Native Public Witnesses—March 27, 

2012 (afternoon) 

American Indian/Alaska Native Public Witnesses—March 28, 

2012 (morning) 

In total, 139 individuals representing the Executive Branch, the 

U.S. Congress, State and local governments, the public, and American Indians/Alaska Natives testified before the Subcommittee. The 

perspectives shared on a wide-range of issues were essential to the 

Subcommittee as it conducted a thorough review of the budget request. 

In addition to those who testified personally, over 150 individuals 

and organizations have provided written testimony for the permanent hearing record. These hearings are contained in eight published volumes totaling nearly 10,000 pages which are publicly 

available online. 

Inherent in the Committee’s oversight function is the responsibility to determine not only appropriate funding levels for the next 

fiscal year but also what levels of funding remain from past years. 

In furtherance of its oversight responsibility, the Committee included in the fiscal year 2012 Interior, Environment, and Related 

Agencies conference report a requirement that the Department of 

the Interior, EPA, Forest Service, and the Indian Health Service 

report to the Committee on a quarterly basis on the status of balances of appropriations including all uncommitted, committed, and 

unobligated funds in each program and activity. This bill language 

within Title IV General Provisions is continued in the fiscal year 

2013 bill. The Committee directs that agency reports show the staVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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tus of balances at the appropriation account level, as well as at 

budget activity or other lower levels where such levels are reflected 

in the Committee’s report accompanying an appropriation act. 

Oversight of Federal agencies extends beyond dollars and cents. 

During this time of record budget deficits, the Committee is not 

only carefully scrutinizing how each taxpayer dollar is spent but 

ensuring that agencies are meeting Congressional mandates and 

achieving measurable results. 

The Committee recognizes that the traditional approach to budgeting tends toward stove-piping and can distract both Congress and 

Federal agencies from setting and accomplishing measurable goals. 

Ideally, agencies should apply expertise in setting and meeting 

goals to carry out their overall mission and be held accountable to 

Congress and the taxpayer. The Committee believes that such a 

process would result in greater transparency and accountability, 

more efficient use of taxpayer dollars, and, ultimately, better government for the American people. 

In light of this goal, the Committee has continued an approach 

begun last year by funding the Forest Service’s Integrated Resource Restoration (IRR) initiative on a proof of concept pilot basis. 

The Committee applauds the agency’s efforts to focus the budgeting 

process on achieving overall goals in its multiple-use mandate and 

recognizes that IRR provides more flexibility to meet big-picture 

goals. The Committee will continue carefully evaluating whether 

the IRR pilot program helps the Service to better set, accomplish, 

and report management goals and enhance transparency and accountability, as well as whether a similar budget structure might 

provide better results for other agencies as well. 

ENVIRONMENTAL PROTECTION AGENCY FUNDING

The Environmental Protection Agency (EPA) continues to play an 

important role in protecting public and environmental health. Our 

country has made great strides in cleaning up pollution in the air, 

water, and soil over the past four decades. However, the Committee 

remains concerned about the efforts of the EPA to expand its regulatory authority beyond what Congress intended by legislating via 

regulation. The Committee is concerned about the economic uncertainty created by the proliferation of new regulations proposed by 

the agency. The impact of the EPA’s regulatory agenda on our national economy—from the tremendous burdens it places on small 

businesses and large industries to the impacts felt in small towns 

and rural communities across America to lost jobs and lost economic production—is staggering. 

The Committee notes that the EPA’s overall budget has grown 

significantly in recent years. In calendar year 2009, the agency received over $25 billion in combined stimulus funding and regular 

appropriations. Between 2009 and 2010 EPA’s budget increased by 

$2.65 billion, a 35 percent increase in that calendar year. Therefore, even with targeted reductions to the Agency’s budget in fiscal 

years 2011 and 2012, EPA’s proposed budget for 2013, if enacted, 

would be its fifth highest budget ever. 

The Committee has proposed a $1.4 billion, or 17 percent, reduction in this bill from the fiscal year 2012 enacted level. These cuts 

restore a needed balance to the EPA’s budget, in light of previous 

increases and the severe fiscal challenges facing our country. 


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The Committee notes that $866 million of this reduction comes 

from the Clean Water and Safe Drinking Water State Revolving 

Funds (SRFs). The recommended funding level for the SRFs in fiscal year 2013 is consistent with the Committee’s recommendation 

in the fiscal year 2012 bill. While the Committee recognizes the importance of the SRFs as a key component of the nation’s infrastructure investment, these accounts received $6 billion in the American 

Recovery and Reinvestment Act (ARRA) of 2009 and a 130 percent 

increase in funding in fiscal year 2010. This funding served as the 

equivalent of six years’ worth of appropriations in one calendar 

year. 

The EPA and the States should continue to focus on fully allocating and spending previously appropriated funds. In addition, 

funding these accounts through regular appropriations is simply 

unsustainable given ever growing needs. The Committee continues 

to encourage the appropriate authorizing committees to examine 

alternative funding mechanisms for the SRFs that are sustainable 

in the long-term. 

COST OF LITIGATION AND LACK OF TRANSPARENCY

The Committee continues to be concerned that many of the legitimate goals of the Forest Service, the Department of the Interior, 

and other agencies under the Committee’s jurisdiction—as well as 

the work of this Committee—are undermined by litigation filed in 

an effort to shift land management decisions from the agencies 

tasked by Congress with those responsibilities to the courts, regardless of merit. As litigation costs siphon funding away from critical priority programs, agencies are forced to divert budgets intended for effective land management away from carrying out activities associated with their congressionally-directed missions. 

In response to concerns about the cost of litigation and agencies’ 

inability to account for them, the Committee took a number of 

steps in the fiscal year 2012 Interior, Environment, and Related 

Agencies conference report to increase transparency and ensure 

greater accountability of taxpayer dollars. This included directing 

the Department of the Interior, the EPA, and the Forest Service to 

make publicly available detailed Equal Access to Justice Act 

(EAJA) fee information as well as legal fees and costs resulting 

from settlements on other statutes. The Committee expressed concern that, in most cases, agencies did not track this information 

and could not account for dollars appropriated or otherwise spent 

on paying for attorney fees. 

A recent GAO report on the issue entitled, ‘‘Limited Data Available on USDA and Interior Attorney Fee Claims and Payments’’ 

determined that most of the agencies did not have this information 

readily available and could not determine who received payments 

or how much of each agency’s budget was being used to pay for attorney fees. According to the report, ‘‘Most USDA and Interior 

agencies did not have readily available information on attorney fee 

claims and payments made under EAJA and other fee-shifting statutes for fiscal years 2000 through 2010. As a result, there was no 

way to readily determine who made claims, the total amount each 

department paid or awarded in attorney fees, who received the payments, or the statutes under which the cases were brought for the 

claims over the 11-year period. Both USDA and Interior officials 


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stated that given the decentralized nature of their departments 

and the absence of an external requirement to track or report on 

attorney fee information, decisions such as whether to track attorney fee data and the manner in which to do so are best handled 

at the agency level.’’ 

The Committee notes that a Federal appeals court recently ruled 

that a judge awarded excessive attorney’s fees to an environmental 

group following a dispute over Federal grazing permits. The San 

Francisco-based Ninth Circuit Court of Appeals ruled unanimously 

that EAJA ‘‘generally does not allow for the award of fees for administrative proceedings.’’ In its decision, the court concluded, ‘‘An 

award of fees in this case would conflict with Congress’s express 

limitation on fee awards for pre-litigation administrative proceedings involving grazing permit proceedings.’’ 

Given continued concern about this issue, the Committee is not 

only continuing reporting requirements included in last year’s conference report, but is also taking additional steps to address the 

costs of litigation. The Committee again directs the Department of 

the Interior, the Environmental Protection Agency and the Forest 

Service to provide to the House and Senate Committees on Appropriations and make publicly available, no later than 60 days after 

enactment of this Act, and with each agency’s annual budget submission thereafter, the following information: detailed reports on 

the amount of program funds used; the names of the fee recipients; 

the names of the Federal judges; the disposition of the applications 

(including any appeal of action taken on the applications); the 

hourly rates of attorney and expert witnesses stated in the applications that was awarded as a result of litigation; and a brief summary of the case. The Committee also directs the Department of 

the Interior, Environmental Protection Agency, and Forest Service 

to report the same information on non-EAJA settlements with litigants. Further, the Committee directs the agency to record the disposition as a win, loss, or settlement based on the case itself, not 

based on the settlement necessary to determine potential EAJA 

fees. If the agencies lose a case and negotiate a settlement for 

EAJA, the disposition should be recorded as a loss. 

The Committee is pleased that the Department of the Interior 

and Environmental Protection Agency made an effort to comply 

with EAJA reporting but notes that the reports lacked detailed 

data as directed in the fiscal year 2012 Interior, Environment, and 

Related Agencies conference report. The Committee is disappointed 

with the Forest Service’s late response to the reporting requirements. Each of the agencies is directed to incorporate the information listed above into fiscal year 2014 budget justifications. 

EXPIRED AUTHORIZATIONS

No less than 51 agencies and/or programs under the jurisdiction 

of the Interior, Environment, and Related Agencies Subcommittee 

remain unauthorized or have an expired Congressional authorization of appropriations (see ‘‘Appropriations Not Authorized by Law’’ 

at the back of the report). Together these unauthorized agencies 

and programs comprise nearly $6 billion of this fiscal year 2013 appropriation bill. 

Given the number of unauthorized programs, the Committee reserves the option to limit future funding for unauthorized programs 


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or discontinue funding all together. In the fiscal year 2013 appropriations bill, the Committee has exercised that option by decreasing or terminating funding for fish and wildlife conservation; funding for USGS science programs; EPA’s U.S.-Mexico border grant 

program; EPA’s environmental education program; and others. 

The Committee urges the appropriate authorizing committees to 

expeditiously reauthorize these and other unauthorized agencies 

and/or programs in a timely fashion and encourages all entities 

with an interest in these laws to work with those authorizing committees to do so. 

AMERICAN INDIAN AND ALASKA NATIVE PROGRAMS

In preparation of the fiscal year 2013 budget, the Subcommittee 

held two days of hearings and received oral or written testimony 

from nearly 200 witnesses on a variety of topics pertaining to 

American Indian and Alaska Native programs. By far the topics of 

most concern to the witnesses dealt with economic empowerment, 

self-determination, health care, crime, and education. The Subcommittee heard these concerns and is working to address these 

issues on a bipartisan basis. 

The Committee recognizes that conditions facing American Indians and Alaska Natives are reflected in some of the worst health, 

education, and crime statistics of any demographic group in the nation. Additional funding alone will not address these challenges, 

but by continuing to target specific concerns, the Committee is attempting to meaningfully address programs and policies that empower and improve the lives of American Indians and Alaska Natives. Funding increases provided in fiscal year 2013 and prior 

years are, by design, gradual steps in the implementation of this 

policy. Future increases will be predicated on the ability of the 

agencies and American Indian and Alaska Native leaders to continue to demonstrate results. 

PAYMENTS IN LIEU OF TAXES (PILT)

The Payments in Lieu of Taxes (PILT) program provides compensation to local governments for the loss of tax revenue resulting 

from the presence of Federal land in their county or State. In 2011, 

49 states, the District of Columbia, Guam, the Commonwealth of 

Puerto Rico, and the U.S. Virgin Islands received PILT payments. 

Mandatory funding for PILT payments is scheduled to expire on 

September 30, 2012. At the time of the markup of the fiscal year 

2013 Interior, Environment, and Related Agencies Appropriations 

bill, much uncertainty remained over this expiring mandatory authorization being extended. The Subcommittee has included bill 

language extending by one year the mandatory authorization for 

full PILT funding for fiscal year 2013. 

The Committee urges the authorizing committees to extend mandatory PILT payments by the time House and Senate conferees on 

the Interior, Environment, and Related Agencies Appropriations 

bill complete work on the fiscal year 2013 conference report. 

LAND AND WATER CONSERVATION FUND (LWCF) PROGRAMS

The Committee recommends $66,000,000 for Land and Water 

Conservation Fund (LWCF) programs, $256,349,000 below fiscal 


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year 2012 enacted levels and $383,934,000 below the 2012 budget 

request. The recommended level is consistent with the Committee’s 

recommendation in the fiscal year 2012 appropriation bill. Funding 

is provided to continue to oversee projects that were funded in previous years. Non-Federal LWCF programs are minimally funded to 

allow for a limited number of new acquisitions. No funding is provided for new Federal acquisitions other than for small inholdings 

and recreational access in national forests and on BLM lands. The 

Committee directs the Forest Service and the Department of the 

Interior to develop and implement a standard definition and policy 

for the use of inholdings funding. 

The Committee notes that the Administration’s fiscal year 2013 

budget request included a new category of Federal funds for largescale projects that were developed in close coordination between 

the Forest Service and the Department of the Interior. Despite repeated requests by the Committee, the Administration has failed to 

submit consolidated, prioritized project lists for each of the four 

Federal programs. As a result, the Committee thus far has insufficient information to determine which projects would be implemented with limited funds. Until the Administration submits such 

prioritized lists, updated as needed to reflect changing real estate 

market conditions, the Committee will not invest in new projects. 

CLIMATE CHANGE

The Committee remains skeptical of the Administration’s efforts 

to re-package existing programs and fund new ones in the name of 

climate change. That the climate is changing is not in dispute. 

However, recent rapid increases in funding and the number of new 

and seemingly duplicative programs are potentially wasteful. In 

this bill alone, between 2008 and 2011, climate change funding 

grew from $192 million to $372 million—a staggering 93 percent 

increase. 

There must be a significant improvement in the level of coordination and communication of climate change activities, budgets, and 

accomplishments across the Federal agencies funded in this bill 

and across the entire Federal government if there is to be further 

investment by this Committee. That level of coordination and communication continues to be lacking, which is why the fiscal year 

2012 Interior, Environment, and Related Agencies conference report included a seven percent cut to climate change spending. The 

Committee has proposed cutting climate change spending an additional 29 percent in this bill, terminating six programs and denying 

two new starts requested by the Administration. 

INVASIVE SPECIES

Throughout the fiscal year 2013 budget oversight process, the 

Subcommittee has discussed the dangers of the spread of invasive 

species in places like the Everglades, the Great Lakes, and western 

river systems. Invasive snakes, fish, mussels, and plants for example have demonstrated the potential to completely alter ecosystems 

and inflict hundreds of millions of dollars in economic damages. 

The Committee is concerned about the decline in funding for a 

problem that only continues to grow. For example, the Fish and 

Wildlife Service supports only two full-time staff to designate injurious species under the authority of the Lacey Act. Further, even 


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after each State and territory developed invasive species plans as 

mandated under the Nonindigenous Aquatic Nuisance Species Prevention and Control Act, less than $30,000 annually is appropriated to each State and territory to implement those plans. Despite deep cuts elsewhere in this bill, the Committee is placing a 

higher priority on invasive species prevention, containment, and 

enforcement in fiscal year 2013 by level-funding or, in some cases, 

increasing funding for on-the-ground implementation programs. 

While efforts have been made at various levels to coordinate a 

Federal response to invasive species, the Committee remains concerned that this coordination is not leading to sufficient resources 

being spent on the ground where these challenges most frequently 

occur. The Committee strongly encourages national and regional 

coordinating bodies, such as the National Invasive Species Council 

and the Aquatic Nuisance Species Task Force, to increase the proportion of funding for on-the-ground activities in fiscal year 2013. 

The Committee remains committed to addressing this issue fully 

and intends to hold oversight hearings with appropriate Federal officials and stakeholders. 

NATIONAL OCEAN POLICY

The bill includes within Title IV General Provisions language 

prohibiting the use of funds for Executive Order 13547 regarding 

National Ocean Policy; requiring a report to Congress of all Federal 

expenditures on such Policy during fiscal years 2011 and 2012; and 

requiring the President’s fiscal year 2014 budget submission to account for all proposed National Ocean Policy funding. 

The Committee notes with considerable skepticism that the Department of the Interior, for example, submitted an ‘‘Oceans’’ crosscut budget of $931 million for fiscal year 2013 yet has informed the 

Committee in writing that only $2 million would be spent on National Ocean Policy. Further, none of the other agencies in this bill 

have been able to identify funding related to National Ocean Policy 

within their respective budgets. Therefore, the Committee is including the general provision to give the Congress time to ascertain 

the potentially far-reaching impacts of this new policy, which was 

established in 2010 without Congressional input, and to direct the 

Administration to fully account for Federal funding spent to date 

on the policy’s development and implementation. 

REPROGRAMMING GUIDELINES

The following are the procedures governing reprogramming actions for programs and activities funded in the Department of the 

Interior, Environment, and Related Agencies Appropriations Act. 

Definitions.—‘‘Reprogramming,’’ as defined in these procedures, 

includes the reallocation of funds from one budget activity, budget 

line-item or program area, to another within any appropriation 

funded in this Act. In cases where either the House or Senate Committee report displays an allocation of an appropriation below those 

levels, that more detailed level shall be the basis for reprogramming. 

For construction, land acquisition, and forest legacy accounts, a 

reprogramming constitutes the reallocation of funds, including unobligated balances, from one construction, land acquisition, or forest legacy project to another such project. 


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A reprogramming shall also consist of any significant departure 

from the program described in the agency’s budget justifications. 

This includes proposed reorganizations, especially those of significant national or regional importance, even without a change in 

funding. Any change to the organization table presented in the 

budget justification shall be subject to this requirement. 

General Guidelines for Reprogramming.— 

(a) A reprogramming should be made only when an unforeseen 

situation arises, and then only if postponement of the project or the 

activity until the next appropriation year would result in actual 

loss or damage. 

(b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further 

reprogramming, but instead, funds should again be sought for the 

deferred project or activity through the regular appropriations process. 

(c) Except under the most urgent situations, reprogramming 

should not be employed to initiate new programs or increase allocations specifically denied or limited by Congress, or to decrease allocations specifically increased by the Congress. 

(d) Reprogramming proposals submitted to the House and Senate 

Committees on Appropriations for approval shall be considered approved 30 calendar days after receipt if the Committees have posed 

no objection. However, agencies will be expected to extend the approval deadline if specifically requested by either Committee. 

Criteria and Exceptions.—A reprogramming must be submitted 

to the Committees in writing prior to implementation if it exceeds 

$1,000,000 annually or results in an increase or decrease of more 

than 10 percent annually in affected programs, with the following 

exceptions: 

(a) With regard to the tribal priority allocations of the Bureau of 

Indian Affairs, there is no restriction on reprogrammings among 

these programs. However, the Bureau shall report on all 

reprogrammings made during a given fiscal year no later than 60 

days after the end of the fiscal year. 

(b) With regard to the Environmental Protection Agency, State 

and Tribal Assistance Grants account, the Committee does not require reprogramming requests associated with States and Tribes 

Partnership Grants. 

Assessments.—‘‘Assessment’’ as defined in these procedures shall 

refer to any charges, reserves, or holdbacks applied to a budget activity or budget line item for costs associated with general agency 

administrative costs, overhead costs, working capital expenses, or 

contingencies. 

(a) No assessment shall be levied against any program, budget 

activity, sub-activity, budget line item, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessment and the basis therefore are presented to the 

Committees on Appropriations in the budget justifications and are 

subsequently approved by the Committees. The explanation for any 

assessment in the budget justification shall show the amount of the 

assessment, the activities assessed, and the purpose of the funds. 

(b) Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be subVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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mitted through the reprogramming process and shall be subject to 

the same dollar and reporting criteria as any other reprogramming. 

(c) The Committees direct that each agency or bureau which utilizes assessments shall submit an annual report to the Committees 

which provides details on the use of all funds assessed from any 

other budget activity, line item, sub-activity, or project. 

(d) In no case shall contingency funds or assessments be used to 

finance projects and activities disapproved or limited by Congress, 

or to finance programs or activities that could be foreseen and included in the normal budget review process. 

(e) New programs requested in the budget should not be initiated 

before enactment of the bill without notification to, and the approval of, the Committees on Appropriations. This restriction applies to all such actions regardless of whether a formal reprogramming of funds is required to begin the program. 

Quarterly Reports.—All reprogrammings between budget activities, budget line-items, program areas, or the more detailed activity 

levels shown in the Statement of the Managers, including those 

below the monetary thresholds established above, shall be reported 

to the Committees within 60 days of the end of each quarter and 

shall include cumulative totals for each budget activity, budget line 

item, or construction, land acquisition, or forest legacy project. 

Land Acquisitions, Easements, and Forest Legacy.—Lands shall 

not be acquired for more than the approved appraised value (as addressed in section 301(3) of Public Law 91–646), unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with these procedures. 

Land Exchanges.—Land exchanges, wherein the estimated value 

of the Federal lands to be exchanged is greater than $1,000,000, 

shall not be consummated until the Committees have had a 30-day 

period in which to examine the proposed exchange. In addition, the 

Committee shall be provided advance notification of exchanges valued between $500,000 and $1,000,000. 

Budget Structure.—The budget activity or line item structure for 

any agency appropriation account shall not be altered without advance approval of the House and Senate Committees on Appropriations. 

Report Language.—Any limitation or directive contained in either the House or Senate report which is not contradicted by the 

other report nor specifically denied in the conference report shall 

be considered as having been approved by both Houses of Congress. 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

The Bureau of Land Management (Bureau) is responsible for the 

multiple use management, protection, and development of a full 

range of natural resources, including minerals, timber, rangeland, 

fish and wildlife habitat, and wilderness on about 245 million acres 

of the Nation’s public lands and for management of 700 million additional acres of Federally-owned subsurface mineral rights. In addition, the Bureau has trust responsibilities on 56 million acres of 

Indian trust lands for mineral operations and cadastral surveys. 

Surface lands under direct Bureau management make up about 13 

percent of the total land surface of the United States and more 


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13 

than 40 percent of all land managed by the Federal government, 

making the Bureau the nation’s largest single land manager. The 

Bureau is the second largest provider of public outdoor recreation 

in the Western United States. 

In 1812, the General Land Office (GLO) was established to handle the business associated with the sale of public lands for private 

ownership, transforming wilderness to agricultural use, and generating income for the Federal government. Revenue raised by GLO 

land sales, mainly homesteads, was initially used to pay war debts. 

As the successor agency to the original GLO, the Bureau of Land 

Management was established in 1946 with the merger of the Grazing Service and the GLO. 

MANAGEMENT OF LANDS AND RESOURCES

Appropriation enacted, 2012 .............................................................. $960,361,000 

Budget estimate, 2013 ....................................................................... 952,017,000 

Recommended, 2013 ........................................................................... 946,707,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥13,654,000 

Budget estimate, 2013 ................................................................ ¥5,310,000 

The Committee recommends $946,707,000 for Management of Lands and Resources, $13,654,000 below the fiscal year 2012 enacted level and $5,310,000 below the budget request. 

Land Resources.—The Committee recommends $241,266,000 for 

Land Resources, $15,744,000 below the fiscal year 2012 enacted 

level and $855,000 above the budget request. 

The Committee does not provide funding for Landscape Conservation Cooperatives and prohibits the Bureau from using any 

funds for LCCs. The Committee questions the purpose and effectiveness of LCCs and believes agencies can and should coordinate 

and cooperate without LCCs. 

Range Management.—The Committee recommends $90,000,000 

for the Range Management program, $2,608,000 above the fiscal 

year 2012 enacted level and $17,673,000 above the budget request. 

The Committee rejects the Bureau’s proposal to charge one dollar 

per animal unit month and directs the Bureau to instead report to 

the Committee on potential cost recovery based on permit administration costs, not animal unit months. 

The Committee has increased funding to address numerous challenges including sage grouse conservation, completion of grazing 

permit renewals, hiring of seasonal employees to ensure timely 

turn-out of livestock, annual and trend monitoring of grazing allotments, and improving the quality of Bureau work on environmental and other documents related to livestock grazing. The Committee commends the Bureau’s range management program for 

using land stewardship to achieve long-term resource management 

goals including using grazing as a tool to prevent wildfire for sage 

grouse habitat. 

The Committee is deeply concerned by the drastic reduction of 

range specialists within the Bureau of Land Management and directs the Bureau to brief the Committee on how it will accomplish 

work related to range management with so few specialists. Further, with increased funding in fiscal year 2012 and a recommended increase for fiscal year 2013, the Committee believes 

the Bureau must also increase the number of grazing permits renewed. 


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The Committee includes bill language addressing range management in Title I General Provisions including: (1) Section 112 permanently requiring would-be litigants to exhaust administrative review before bringing a civil action against the Bureau on grazing 

decisions; and, (2) Section 113 exempting the trailing of livestock 

across public land from the National Environmental Policy Act 

(NEPA) for fiscal years 2013 and 2014. The Committee includes bill 

language addressing range management in Title IV General Provisions (applying to both the Bureau and the Forest Service) including Section 412 which makes permanent the grazing permit renewal general provision allowing permits to be renewed under the 

same terms and conditions if NEPA review has not yet been completed. 

Forestry Management.—The Committee recommends $9,714,000 

for Forestry Management, equal to the fiscal year 2012 enacted 

level and $3,396,000 above the budget request. The Committee is 

deeply concerned by the proposed cut in this program and notes 

that much of the Bureau’s public domain forestland is located in 

areas with high mortality due to bark beetle infestation. Further, 

the proposed reduction would greatly reduce current efforts to prevent catastrophic wildfires while also supporting small businesses 

in rural areas that contract with the Bureau to manage forests. 

Wild Horse and Burro Management.—The Committee recommends $64,068,000 for Wild Horse and Burro Management, 

$10,820,000 below the fiscal year 2012 enacted level and 

$13,000,000 below the budget request. The Committee is again 

troubled by the increased cost of this program and notes that the 

Bureau dramatically changed its strategy last year with the promise that it would not request increased funding for fiscal year 2013. 

To the contrary, the Bureau has requested an additional 

$3,000,000 above fiscal year 2012 enacted levels for fertility control. 

The Committee is very concerned about the health of Bureau 

rangelands and overgrazing from wild horses and burros now that 

the agency is no longer managing to maintain Appropriate Management Levels (AML) as required under the Wild Free-Roaming 

Horses and Burro Act of 1971. The Committee believes it’s critical 

to balance the use of public rangelands for wildlife, livestock and 

other multiple uses. The Committee also notes that overgrazing 

from wild horses could degrade sage grouse habitat and contribute 

to the spread of invasive weeds. 

The Committee retains language prohibiting any funds from 

being used for the slaughter of wild horses and burros in Administrative Provisions and allowing the Bureau to enter into long-term 

contracts for holding wild horses and burros in Title I General Provisions. 

Native Plant Program.—The Committee is supportive of the Bureau of Land Management’s existing plant conservation and native 

plant materials program and expects the Bureau to continue the 

program through resources provided under various accounts. The 

Committee directs the threatened and endangered species account 

to contribute to this program. 

Wildlife and Fisheries.—The Committee recommends $65,615,000 

for Wildlife and Fisheries, $15,368,000 above the fiscal year 2012 

enacted level, as requested. The Committee’s recommendation inVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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cludes $15,000,000, as requested, for broad-scale sage grouse conservation activities. 

Bighorn Sheep Research.—The Bureau of Land Management is 

directed to work with the Agriculture Research Service (ARS) and 

the Forest Service to provide any information requested for research and analysis of bighorn sheep and domestic sheep. The 

Committee addresses at length the management of domestic sheep 

with regard to bighorn sheep later in the report (Forest Service, 

Forest and Rangeland Research, Bighorn Sheep Research). 

Sage Grouse.—The Committee fully funds the Bureau’s proposal 

for sage grouse conservation and related resource management 

plan amendments. The Committee also directs the Bureau to provide assistance to States for the implementation of State sage 

grouse conservation plans to prevent the listing of the bird. 

The Committee continues to be concerned about the threat wildfire poses to the sage grouse and directs the agency to use resources made available under the Bureau of Land Management 

and the Department of the Interior’s Wildland Fire Program to reduce and mitigate catastrophic fire. 

The Committee is also concerned about the lack of quality data 

with respect to sage grouse habitat mapping and notes that some 

places identified as ‘core habitat’ were recently burned by catastrophic wildfire or have changed in other significant ways. The 

Committee directs the Bureau to ensure that mapping of habitat 

is verified on the ground to avoid this problem. Further, the Committee urges the Bureau to coordinate its efforts for sage grouse 

conservation by improving and protecting habitat in places that 

will serve as core habitat far into the future rather than areas that 

may evolve. The Committee also urges the Bureau to encourage 

map consistency by States as State borders may become difficult 

areas to manage due to different mapping. 

Finally, the Committee is concerned that the Bureau considers 

sage grouse protection paramount to other objectives, rather than 

incorporating sage grouse conservation into multiple use as required under the Federal Lands Management and Policy Act. 

Threatened and Endangered Species.—The Committee recommends $21,812,000 for Threatened and Endangered Species, as 

requested, $179,000 above the fiscal year 2012 enacted level. 

Recreation Management.—The Committee recommends 

$60,858,000 for Recreation Management, $6,608,000 below the fiscal year 2012 enacted level and $9,432,000 below the budget request. 

Energy and Minerals.—The Committee recommends 

$130,860,000 for Energy and Minerals, $23,246,000 above the fiscal 

year 2012 enacted level and $37,950,000 above the budget request. 

The Committee rejects the budget proposal to impose new inspection fees on onshore oil and gas producers. 

The Committee notes that production of oil and gas from Federal 

lands has decreased despite the overall increase of oil and gas production in the United States from State and private lands. The 

Committee is concerned that the production of oil and gas on Federal lands has been hurt by the perception of tremendous regulatory uncertainty in operating on Federal lands. The Committee 

would remind the Bureau that when investment capital moves to 


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non-Federal lands that the result is a reduction in revenue over 

time to Federal and State treasuries. 

The Committee continues the Oil and Gas Leasing Internet Program through fiscal year 2013 in Title I General Provisions. 

Mining Law Administration.—The Committee recommends 

$39,696,000 for Mining Law Administration, as requested. There 

continues to be a growing awareness in Congress about the need 

for a coherent minerals policy to ensure availability of minerals essential to the manufacturing supply chain. Currently, less than 

half of the mineral needs of U.S. manufacturing are met from domestically mined resources. To ensure access to the minerals that 

are vital to our national and economic security, the Bureau must 

address the role that delays in permitting of mining activities, including the Department’s overly cumbersome Federal Register 

clearance process, play in hindering the ability to develop domestic 

sources. 

The Committee is concerned that the Department has delayed 

the publication of various Land Use Analysis documents and Environmental Impact Statements in the Federal Register associated 

with Federal mineral lease applications submitted to the Bureau of 

Land Management. The Committee directs the Secretary of the Interior to provide within 30 days of enactment of this Act a detailed 

report on all land use analysis or environmental impact statements 

that have been prepared for review by the Office of Management 

and Budget but have not yet been published, as well as the anticipated date of publication. 

BLM/OSM Proposed Merger.—The Committee remains concerned about the lack of coordination and consultation with Congress on efforts to merge functions of the Bureau of Land Management (BLM) and the Office of Surface Mining Reclamation and Enforcement (OSM). The Committee believes that the proposal offers 

little administrative savings when attempting to combine functions 

of two statutorily created agencies, and directs no further funds be 

spent on studies to merge functions of BLM and OSM. 

Northern Arizona Mining Withdrawal.—The Committee is aware 

that on May 23, 2012 and as a part of its oversight responsibilities, 

the House Committee on Natural Resources provided the Secretary 

of the Interior with a detailed request for documents related to the 

Draft Environmental Impact Statement, the Final Environmental 

Impact Statement, and the Record of Decision for the Northern Arizona Mineral Withdrawal. The Committee directs the Secretary to 

fully comply with this document request in an expeditious manner. 

The Committee includes within Title IV General Provisions a correction to Section 430, Claim Maintenance Fee Amendments, included in the fiscal year 2012 Interior, Environment, and Related 

Agencies conference report, that changes claim maintenance fees 

for placer claims including two or more people, to the same fees required for individual placer claims. 

Challenge Cost Share.—The Committee recommends terminating 

the Challenge Cost Share program. 

National Landscape Conservation System.—The Committee recommends $20,000,000 for the National Landscape Conservation 

System base program, $11,819,000 below the fiscal year 2012 enacted level and $15,115,000 below the budget request. The ComVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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mittee retains language prohibiting mineral leasing within national 

monuments in Title IV General Provisions. 

International Border.—The Committee notes that since October, 

2011, the Bureau of Land Management has brought additional law 

enforcement resources to the Sonoran Desert National Monument 

and the Ironwood Forest National Monument to increase pressure 

on drug smuggling and illegal immigration. The Committee also 

notes that the BLM has been installing vehicle barriers in the 

Sonoran Desert National Monument. These activities simultaneously seek to increase the security of the border region as well 

as protect the integrity of the desert landscape. The Committee directs the Bureau to brief the Committee within 180 days of enactment of this Act on the Bureau’s plans for law enforcement activities in the border area. 

Wild Lands.—The Committee retains a prohibition of funds for 

Secretarial Order Number 3310 in Title I General Provisions. 

Hunting and Recreational Shooting.—The Committee includes 

bill language in Title IV General Provisions prohibiting the use of 

appropriated funds to close areas open to recreational hunting and 

shooting as of January 1, 2012. 

CONSTRUCTION

Appropriation enacted, 2012 .............................................................. $3,570,000 

Budget estimate, 2013 ....................................................................... 0 

Recommended, 2013 ........................................................................... 0 

Comparison: 

Appropriation, 2012 .................................................................... ¥3,570,000 

Budget estimate, 2013 ................................................................ 0 

The Committee has not provided construction funding, as requested. 

LAND ACQUISITION

Appropriation enacted, 2012 .............................................................. $22,344,000 

Budget estimate, 2013 ....................................................................... 33,575,000 

Recommended, 2013 ........................................................................... 6,743,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥15,601,000 

Budget estimate, 2013 ................................................................ ¥26,832,000 

The Committee recommends $6,743,000 for Land Acquisition, $15,601,000 below the fiscal year 2012 enacted level and 

$26,832,000 below the budget request. The amounts recommended 

by the Committee compared with the budget estimates by activity 

are shown in the table at the end of this report. The Committee 

has included language in the front of the report regarding Land 

and Water Conservation Fund programs. 

OREGON AND CALIFORNIA GRANT LANDS

Appropriation enacted, 2012 .............................................................. $111,864,000 

Budget estimate, 2013 ....................................................................... 112,043,000 

Recommended, 2013 ........................................................................... 110,025,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,839,000 

Budget estimate, 2013 ................................................................ ¥2,018,000 

The Committee recommends $110,025,000 for the Oregon and 

California Grant Lands, $1,839,000 below the fiscal year 2012 enacted level and $2,018,000 below the budget request. 


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The Committee provides no funding for the new Resource Management planning effort for the O&C lands and subsequently funds 

resource management planning at $3,635,000. No reduction should 

be taken from other Resource Management subactivities. 

The Committee supported the Secretary’s Western Oregon strategy pilot projects in fiscal year 2012, but notes that these projects 

have not resulted in realistic long-term solutions to the management of O&C lands. Contrary to the original purpose of the pilots 

to ecologically restore thousands of acres, projects have resulted in 

very few acres treated at a very high cost. The Committee is deeply 

troubled by new resource management plan initiatives for O&C 

lands after $18,000,000 was spent over five years to develop the 

last plan. 

The Committee believes a comprehensive review and change of 

current policies is necessary to meet the goals of the O&C Lands 

Act of 1937. The Committee notes that the law directs that these 

lands be managed ‘‘for permanent forest production . . . with the 

principle of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating 

stream flow, and contributing to the economic stability of local communities and industries, and providing recreational facilities’’ (43 

USC Sec. 1181a). Based on current information from the Bureau, 

the Committee is hard pressed to believe the new planning efforts 

will comply with the O&C Lands Act of 1937. 

RANGE IMPROVEMENTS

The Committee recommends an indefinite appropriation of not 

less than $10,000,000 to be derived from public lands receipts and 

Bankhead-Jones Farm Tenant Act lands grazing receipts. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The Committee recommends an indefinite appropriation estimated to be $31,053,000 for Service Charges, Deposits, and Forfeitures, as requested. 

MISCELLANEOUS TRUST FUNDS

The Committee recommends an indefinite appropriation estimated to be $19,700,000, as requested and equal to the fiscal year 

2012 enacted level, for Miscellaneous Trust Funds. 

ADMINISTRATIVE PROVISIONS, BUREAU OF LAND MANAGEMENT

The Committee recommendation includes the requested Administrative Provisions. 

UNITED STATES FISH AND WILDLIFE SERVICE

The mission of the U.S. Fish and Wildlife Service (Service) is to 

conserve, protect and enhance fish and wildlife and their habitats 

for the continuing benefit of people. The Service has responsibility 

for migratory birds, threatened and endangered species, certain 

marine mammals, and land under Service control. Currently, the 

Service accomplishes its mission by managing more than 150 million acres of land and ocean, 556 units in the National Wildlife Refuge System, 80 Ecological Services Field Stations, 71 National Fish 


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Hatcheries, one historical National Fish Hatchery, and numerous 

waterfowl production areas in 206 counties. 

RESOURCE MANAGEMENT

Appropriation enacted, 2012 .............................................................. $1,226,177,000 

Budget estimate, 2013 ....................................................................... 1,247,044,000 

Recommended, 2013 ........................................................................... 1,040,488,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥185,689,000 

Budget estimate, 2013 ................................................................ ¥206,556,000 

The Committee recommends $1,040,488,000 for Resource Management, $185,689,000 below the fiscal year 2012 enacted level and 

$206,556,000 below the budget request. The Committee accepts the 

proposed transfers for the diversity office but does not accept the 

proposed land acquisition planning transfer. The Committee accepts the proposed program reductions except as otherwise indicated below. Proposed fixed costs and program increases are not 

funded. Selected additional changes to the budget request follow. A 

complete summary of the amounts recommended by the Committee 

compared with the budget estimates by activity are shown in the 

table at the end of this report. The Committee encourages the Service to consider all line items within a program element when determining how to distribute reductions not specified below. 

Within Candidate Conservation, the bill includes no less than 

$2,000,000 to continue multiple Service initiatives begun in fiscal 

year 2012 to work with States and private landowners to facilitate 

and increase the use of conservation agreements related to the Endangered Species Act. The Committee is pleased with the progress 

made by the coalition of partners of the Northern Rocky Mountain 

Multispecies Conservation Agreements initiative in particular, as 

directed by House Report 112–331. The Committee recognizes the 

monumental task being undertaken and that additional time and 

resources are needed in order for the partners to continue their 

work. The partners are directed to continue to report annually to 

Congress. 

Within Listing and Critical Habitat the Committee directs the following reductions: $2,568,000 from listing; $375,000 from international listing; and $375,000 from petitions. 

The Committee directs the Fish and Wildlife Service to report to 

the Committee within 90 days of enactment of this Act with recommendations for conservation actions that might help to preclude 

new listings of the following four salamander species in Texas: 

Georgetown, Jollyville Plateau, Salado, and Austin Blind. 

The Committee directs the Service to devote sufficient funds from 

within Consultation to assure timely Biological Opinions on the 

northern spotted owl to other Federal land management agencies 

in addition to technical assistance review and ‘‘no take letters’’ to 

small landowners seeking approval to implement harvest plans. Within Recovery, the bill includes a $2,000,000 reduction from 

State of the Birds. The Committee has provided an increase of 

$1,000,000 to restore the wolf livestock loss demonstration program. The Committee urges the Administration to fund this program through the Department of Agriculture in future years. 

To ensure a timely decision on the Wyoming wolf management 

plan, the Committee has included language in the bill that provides 

a date certain for final agency action. The Committee notes that 


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the pending wolf management proposal is the result of cooperative 

work between the agency and the State without the need for disruptive litigation. If in the future the Service determines that 

wolves elsewhere in the nation should be considered for delisting, 

such as in the desert southwest, this Committee will consider similar bill language until such time as Congress has conducted a thorough review and reauthorization of the ESA. 

The Committee supports the requested funding for aplomado falcon and California condor recovery. The Service is encouraged to 

continue to support these ongoing, successful partnerships. 

Within National Wetlands Inventory, the Committee supports 

continued funding for the digitization of coastal barrier maps. 

Within National Fish Hatchery System Operations, the bill in- cludes an increase of $3,394,000. The Committee will continue to 

reject proposals to reduce funding in the Service’s budget for mitigation fish hatcheries until the Administration has secured offsetting reimbursable funds from the responsible Federal agencies. 

Within Aquatic Habitat and Species Conservation, the bill in- cludes reductions of $2,000,000 from Habitat Assessment and Restoration and $850,000 from Marine Mammals. Increases include 

$2,463,000 to implement approved State and interstate aquatic 

invasive species plans and $1,000,000 for State and Federal prevention, containment, and enforcement activities as prescribed in 

the February 2010 Quagga-Zebra Mussel Action Plan for Western 

U.S. Waters. The Committee supports the multi-state collaborative 

approach taken by the Service in fiscal year 2012, and encourages 

continued efforts in fiscal year 2013. 

The Committee expresses concern regarding the rapid spread of 

several invasive species of Asian carp into the Upper Mississippi 

River and Ohio River basins and tributaries, which are threatening 

ecosystems and billions of dollars of economic activity connected to 

outdoor recreation in States throughout the Midwest. While Federal efforts have focused on preventing the spread of Asian carp 

into the Great Lakes, there is growing recognition of the threat 

these invasive species pose to other ecosystems in the Upper Mississippi and Ohio River basins. The U.S. Fish and Wildlife Service, 

in coordination with the Army Corps of Engineers, National Park 

Service, and U.S. Geological Survey, shall lead a multi-agency effort to slow the spread of Asian carp in the Upper Mississippi River 

and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State 

and local government strategies to slow, and eventually eliminate, 

the threat posed by Asian carp. To the maximum extent practicable, the multi-agency effort shall apply lessons learned and best 

practices developed under the Asian Carp Control Strategic Framework to efforts in the Upper Mississippi and Ohio River basins. 

CONSTRUCTION

Appropriation enacted, 2012 .............................................................. $23,051,000 

Budget estimate, 2013 ....................................................................... 19,136,000 

Recommended, 2013 ........................................................................... 17,755,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥5,296,000 

Budget estimate, 2013 ................................................................ ¥1,381,000 

The Committee recommends $17,755,000 for Construction, 

$5,296,000 below the fiscal year 2012 enacted level and $1,381,000 


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below the budget request. The reduction below the budget request 

is from core engineering services. The amounts recommended by 

the Committee compared with the budget estimates by activity are 

shown in the table at the end of this report. 

LAND ACQUISITION

Appropriation enacted, 2012 .............................................................. $54,632,000 

Budget estimate, 2013 ....................................................................... 106,892,000 

Recommended, 2013 ........................................................................... 15,047,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥39,585,000 

Budget estimate, 2013 ................................................................ ¥91,845,000 

The Committee recommends $15,047,000 for Land Acquisition, 

$39,585,000 below the fiscal year 2012 enacted level and 

$91,845,000 below the budget request. The amounts recommended 

by the Committee compared with the budget estimates by activity 

are shown in the table at the end of this report. The Committee 

has included language in the front of the report regarding Land 

and Water Conservation Fund programs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The Cooperative Endangered Species Conservation Fund provides grants to States and territories for endangered species recovery actions on non-Federal lands and provides funds for non-Federal land acquisition to facilitate habitat protection. Individual 

States and territories provide 25 percent of grant project costs. 

Cost sharing is reduced to 10 percent when two or more States or 

territories are involved in a project. 

Appropriation enacted, 2012 .............................................................. $47,681,000 

Budget estimate, 2013 ....................................................................... 60,000,000 

Recommended, 2013 ........................................................................... 14,129,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥33,552,000 

Budget estimate, 2013 ................................................................ ¥45,871,000 

The Committee recommends $14,129,000 for the Cooperative Endangered Species Conservation Fund, $33,552,000 below the fiscal 

year 2012 enacted level and $45,871,000 below the budget request. 

The Committee recommendation includes funding for administration of ongoing projects funded in prior years, and limited funding 

for HCP land acquisition. The amounts recommended by the Committee compared with the budget estimates by activity are shown 

in the table at the end of this report. The Committee has included 

language in the front of the report regarding Land and Water Conservation Fund programs. 

NATIONAL WILDLIFE REFUGE FUND

This program makes payments in lieu of taxes based on their fair 

market value to counties in which Service lands are located. Payments to counties are estimated to be $16,857,000 in fiscal year 

2013, with $11,958,000 derived from this appropriation and 

$4,899,000 from the net refuge receipts estimated to be collected in 

fiscal year 2012. 


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Appropriation enacted, 2012 .............................................................. $13,958,000 

Budget estimate, 2013 ....................................................................... 0 

Recommended, 2013 ........................................................................... 11,958,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥2,000,000 

Budget estimate, 2013 ................................................................ +11,958,000 

The Committee recommends $11,958,000 for the National Wildlife Refuge Fund, $2,000,000 below the fiscal year 2012 enacted 

level and $11,958,000 above the budget request. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

The U.S. Fish and Wildlife Service, through the North American 

Wetlands Conservation Fund, leverages partner contributions for 

wetlands conservation. Projects to date have been in 50 States, 13 

Canadian provinces, 25 Mexican states, the Commonwealth of 

Puerto Rico, and the U.S. Virgin Islands. In addition to this appropriation, the Service receives funding from fines for violations of 

the Migratory Bird Treaty Act; interest earned on tax receipts in 

the Federal Aid in Wildlife Restoration account from taxes on firearms, ammunition, archery equipment, pistols, and revolvers; and 

from the Sport Fish Restoration account from taxes on fishing tackle and equipment, electric trolling motors and fish finders; and certain marine gasoline taxes. By law, sport fish restoration receipts 

are used for coastal wetlands in States bordering the Pacific and 

Atlantic Oceans, States bordering the Great Lakes and Gulf of 

Mexico, the Commonwealth of Puerto Rico, the Virgin Islands, 

Guam, the Commonwealth of the Northern Mariana Islands, the 

freely associated States in the Pacific, and American Samoa. 

Appropriation enacted, 2012 .............................................................. $35,497,000 

Budget estimate, 2013 ....................................................................... 39,425,000 

Recommended, 2013 ........................................................................... 22,333,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥13,164,000 

Budget estimate, 2013 ................................................................ ¥17,092,000 

The Committee recommends $22,333,000 for the North American 

Wetlands Conservation Fund, $13,164,000 below the fiscal year 

2012 enacted level and $17,092,000 below the budget request. The 

Committee notes that the authorization of appropriations for this 

program expires in fiscal year 2012. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The Neotropical Migratory Bird Conservation Act of 2000 authorized grants for the conservation of neotropical migratory birds in 

the United States, Latin America and the Caribbean, with 75 percent of the amounts available to be expended on projects outside 

the U.S. There is a three to one matching requirement under this 

program. 

Appropriation enacted, 2012 .............................................................. $3,786,000 

Budget estimate, 2013 ....................................................................... 3,786,000 

Recommended, 2013 ........................................................................... 1,893,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,893,000 

Budget estimate, 2013 ................................................................ ¥1,893,000 

The Committee recommends $1,893,000 for the Neotropical Migratory Bird Conservation program, $1,893,000 below the fiscal 

year 2012 enacted level and $1,893,000 below the budget request. 


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The Committee notes that the authorization of appropriations for 

this program expired in fiscal year 2010. 

MULTINATIONAL SPECIES CONSERVATION FUND

The Multinational Species Conservation Fund provides technical 

support and cost-sharing grant assistance to countries to strengthen anti-poaching activities; build community support for conservation near the species’ habitats; conduct surveys, monitoring, and 

applied research; and provide infrastructure and field equipment 

necessary to conserve habitats. These funds help to leverage work 

with partners and other collaborators to conserve and protect African and Asian elephants, rhinoceroses, tigers, great apes and marine turtles and their habitats. 

Appropriation enacted, 2012 .............................................................. $9,466,000 

Budget estimate, 2013 ....................................................................... 9,980,000 

Recommended, 2013 ........................................................................... 4,735,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥4,731,000 

Budget estimate, 2013 ................................................................ ¥5,245,000 

The Committee recommends $4,735,000 for the Multinational 

Species Conservation Fund, $4,731,000 below the fiscal year 2012 

enacted level and $5,245,000 below the budget request. The 

amounts recommended by the Committee compared with the budget estimates by activity are shown in the table at the end of this 

report. The Committee notes that the authorizations of appropriations for the programs within this Fund have expired or will expire 

in fiscal year 2012. 

STATE AND TRIBAL WILDLIFE GRANTS

The State and Tribal Wildlife Grants program provides funds for 

States to implement their comprehensive wildlife conservation 

plans for species of greatest conservation need. States are required 

to provide a 50 percent cost share for grants that implement State 

Wildlife Action Plans. 

Appropriation enacted, 2012 .............................................................. $61,323,000 

Budget estimate, 2013 ....................................................................... 61,323,000 

Recommended, 2013 ........................................................................... 30,662,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥30,661,000 

Budget estimate, 2013 ................................................................ ¥30,661,000 

The Committee recommends $30,662,000 for State and Tribal 

Wildlife Grants, $30,661,000 below the fiscal year 2012 enacted 

level and $30,661,000 below the budget request. The amounts recommended by the Committee compared with the budget estimates 

by activity are shown in the table at the end of this report. 

The Committee notes that the State and Tribal Wildlife Grants 

program does not have a stand-alone authorization. The Committee 

has accordingly recommended a reduction commensurate with reductions for other Fish and Wildlife Service programs with expired 

authorizations. The Committee strongly encourages the Service and 

its partners to work with Congressional authorizing committees to 

seek authorization or to evaluate the feasibility of alternatives 

under the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669 

et seq.). 


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The Committee encourages the Service and the partners to complete the Wildlife TRACS database so that the program can better 

demonstrate its ability to prevent at-risk species from having to be 

listed under the Endangered Species Act. 

Bill Language.—The Committee has included bill language that 

requires a 50 percent match of all grant funding. Not included is 

language carried in prior years which allowed unobligated funding 

to be re-apportioned. 

NATIONAL PARK SERVICE

The mission of the National Park Service (Service) is to preserve 

unimpaired the natural and cultural resources and values of the 

national park system for the enjoyment, education, and inspiration 

of this and future generations. Established in 1916, the National 

Park Service has stewardship responsibilities for the protection and 

preservation of the heritage resources of the national park system. 

The system, consisting of 397 separate and distinct units, is recognized globally as a leader in park management and resource preservation. The national park system represents much of the finest 

the Nation has to offer in terms of scenery, historical and archeological relics, and cultural heritage. Through its varied sites, the 

National Park Service attempts to explain America’s history, interpret its culture, preserve examples of its natural ecosystems, and 

provide recreational and educational opportunities for U.S. citizens 

and visitors from all over the world. In addition, the National Park 

Service provides support to tribal, local, and State governments to 

preserve culturally significant, ecologically important, and public 

recreational lands. 

The National Park Service will be 100 years old in 2016, and the 

Service has embarked on an historic ten-year effort to enhance the 

national parks leading up to this historic celebration. The Committee continues to support this effort and the $2,445,198,000 recommended will help the Service prepare for a second century of 

conservation, environmental stewardship and recreation benefiting 

millions of visitors from throughout the world. In spite of extraordinary fiscal challenges, the Committee has provided funding sufficient to manage NPS units nationwide without disruptions to operations. 

Table of Allocations by Activity.—The amounts recommended by 

the Committee compared with the budget estimates by activity are 

shown in the table at the end of this report. 

OPERATION OF THE NATIONAL PARK SYSTEM

Appropriation enacted, 2012 .............................................................. $2,236,568,000 

Budget estimate, 2013 ....................................................................... 2,250,050,000 

Recommended, 2013 ........................................................................... 2,229,409,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥7,159,000 

Budget estimate, 2013 ................................................................ ¥20,641,000 

The Committee recommends $2,229,409,000 for Operation of the 

National Park System (ONPS), $7,159,000 below the fiscal year 

2012 enacted level and $20,641,000 below the budget request. This 

account funds the day-to-day operations of individual park units as 

well as regional and headquarters support operations of the ServVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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ice. The Committee recommends the following changes to the request: 

Resource Stewardship.—The Committee recommends 

$324,300,000 for Resource Stewardship, $5,542,000 below the fiscal 

year 2012 enacted level and $9,115,000 below the budget request. 

The Committee has not included requested funding for climatechange related activities. The Committee has noted throughout this 

and past reports the critical need for a significant improvement in 

the level of coordination and communication of climate change activities, budgets, and accomplishments across the bureaus within 

the Department of the Interior. These improvements have yet to be 

realized. Lastly, the Committee directs that the Park Service provide no less than $1,000,000 within available funds for quagga and 

zebra mussel containment, prevention, and enforcement as prescribed in the February 2010 Quagga-Zebra Mussel Action Plan for 

Western U.S. Waters. 

Visitor Services.—The Committee recommends $239,348,000 for 

Visitor Services, equal to the fiscal year 2012 enacted level and 

$1,540,000 above the budget request. The Committee has included 

funding, as requested, to support security and visitor services 

needs relating to the presidential inauguration in 2013. 

Park Protection.—The Committee recommends $360,669,000 for 

Park Protection, equal to the fiscal year 2012 enacted level and 

$2,329,000 below the budget request. 

Facility Operations and Maintenance.—The Committee recommends $681,807,000 for Facility Operations and Maintenance, 

as requested, which is $1,583,000 below the fiscal year 2012 enacted level. 

Park Support.—The Committee recommends $454,366,000 for 

Park Support, as requested, which is $34,000 below the fiscal year 

2012 enacted level. 

External Administrative Costs.—The Committee recommends 

$168,919,000 for External Administrative Costs, equal to the fiscal 

year 2012 enacted level and $10,737,000 below the budget request. 

Additional Guidance.—The following additional direction and 

guidance is provided with respect to funding provided within this 

account: 

Park Operations.—Funding to maintain visitor services is a core 

responsibility of the Service. The Committee believes that funding 

of park operations ought to remain the highest priority of the Service. The Committee rejects the Administration’s proposal to pay for 

fixed cuts through a reduction in park base operations. 

Civil War Sesquicentennial.—The Civil War battlefields, sites 

and monuments provide vital historic and educational opportunities for the millions of Americans that visit each year. The 150th 

anniversary presents a significant opportunity for Americans to recall and reflect upon the Civil War and its legacy in a spirit of reconciliation and reflection, through exploration, interpretation, and 

discussion. In keeping with the Service’s continued observance of 

the Sesquicentennial, the Committee continues to support the efforts of the Director to encourage discussion of the historic, social, 

legal, racial, cultural and political forces that caused the American 

Civil War and influenced its course and outcomes at events organized and supported by the Service. 


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Flight 93 Memorial.—Since the terrorist attacks of September 

11, 2001, over 1.6 million people have visited the site of the Flight 

93 National Memorial in Shanksville, Pennsylvania. The memorial 

honors the 40 men and women who died saving the White House 

or U.S. Capitol from a potentially catastrophic terrorist attack. 

Phases 1A and 1C of the permanent memorial were dedicated in 

September 2011. The current phase, focusing on education and including the construction of a visitor center and learning center, are 

scheduled to be dedicated on September 11, 2014. The Committee 

remains firmly committed to the timely completion of this project. 

In addition, since 2005, the Service has recorded over 2,000 

hours of audio interviews involving nearly 750 individuals including family members of the passengers and crew, eyewitnesses, first 

responders, and others. The Committee strongly encourages the 

Service to devote the resources necessary to properly archive, maintain, and preserve these invaluable historical collections. 

U.S. Capitol Concerts.—The Committee continues its longstanding support for funding for the National Capitol Area Performing Arts Program and directs the Service to maintain funding 

for the summer concert series staged on the U.S. Capitol grounds 

at the fiscal year 2012 enacted level. 

National Mall Restoration.—The National Mall is the most visited national park in the nation with 25 million annual visitors. 

The Committee strongly supports the public-private partnership involved in efforts to restore the National Mall. Integral to this effort 

is the management and operation of concessions and visitor services on the National Mall. Accordingly, the Committee directs the 

Service to prepare and submit, within 90 days of enactment of this 

Act, a multi-year plan for the management and operation of concessions within the National Mall and Memorial Parks. 

Everglades Restoration.—The Committee notes the substantial 

progress made toward restoration of the Everglades ecosystem and 

continues to fully support this important national program. Funding is provided at the request level for the multi-year effort to preserve one of the great ecological treasures of the United States. The 

Committee urges the Service to begin planning and design work for 

the additional authorized bridging along the Tamiami Trail. 

Science Education.—The Committee recognizes the importance of 

promoting STEM education—Science, Technology, Engineering, 

and Mathematics—to better prepare the Nation’s young people for 

the high technology jobs of tomorrow. The Service is uniquely positioned to play a role in STEM education through the management 

and preservation of NPS resources. The Committee commends the 

Director’s Call to Action, an initiative intended to prepare the Service and its partners for a second century of stewardship and engagement. In particular, the Committee supports the initiative’s 

goal to engage youth through a variety of scientific educational opportunities. A Call to Action aims to ‘‘strengthen the NPS as an 

education institution,’’ a goal that mirrors national efforts to improve scientific acumen among the nation’s students. 

Bill Language.—The Committee has included bill language to 

make permanent the administrative provision carried each year allowing the use of franchise fees for the purpose of reducing liability 

for possessory or leasehold interest under National Park Service 

concessions contracts. 


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The Committee has, since 2006, included bill language authorizing the Secretary of the Interior to acquire or lease property to 

facilitate the transportation of visitors to and from Ellis, Governors, and Liberty Island, NY and NJ. The language was necessitated by the need to establish a screening process for visitors to 

the Statue of Liberty in the aftermath of the events of September 

11, 2011. The Service no longer requires this lease or purchase authority. The Service will continue its robust screening process, but 

no longer requires this authority to lease or purchase new space. 

Therefore, with concurrence from the Service, the Committee is 

dropping this general provision from the bill. 

NATIONAL RECREATION AND PRESERVATION

The National Recreation and Preservation account provides for 

outdoor recreation planning, preservation of cultural and national 

heritage resources, technical assistance to Federal, State and local 

agencies, and administration of Historic Preservation Fund grants. 

Appropriation enacted, 2012 .............................................................. $59,879,000 

Budget estimate, 2013 ....................................................................... 52,096,000 

Recommended, 2013 ........................................................................... 51,822,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥8,057,000 

Budget estimate, 2013 ................................................................ ¥274,000 

The Committee recommends $51,822,000 for National Recreation 

and Preservation, $8,057,000 below the fiscal year 2012 enacted 

level and $274,000 below the budget request. The Committee recommends the following changes to the request: 

Recreation Programs.—The Committee recommends $584,000 for 

Recreation Programs, equal to the fiscal year 2012 enacted level 

and $6,000 below the budget request. 

Natural Programs.—The Committee recommends $13,354,000 for 

Natural Programs, equal to the fiscal year 2012 enacted level and 

$177,000 below the budget request. 

Cultural Programs.—The Committee recommends $24,764,000 

for Cultural Programs, equal to the fiscal year 2012 enacted level 

and $55,000 below the budget request. 

International Park Affairs.—The Committee recommends 

$1,636,000 for International Park Affairs, equal to the fiscal year 

2012 enacted level and $12,000 below the budget request. 

Environmental and Compliance Review.—The Committee recommends $430,000 for Environmental and Compliance Review, 

equal to the fiscal year 2012 enacted level and $4,000 below the 

budget request. 

Grant Administration.—The Committee recommends $1,738,000 

for Grant Administration, equal to the fiscal year 2012 enacted 

level and $20,000 below the budget request. 

Heritage Partnership Program.—The Committee recommends 

$9,316,000 for the Heritage Partnership Program (HPP), as requested, $8,057,000 below the fiscal year 2012 enacted level. These 

funds support grants to local non-profit groups in support of historical and cultural recognition, preservation and tourism activities. 

Congress has in recent years expanded from 27 to 49 the number 

of authorized heritage partnerships, creating additional pressure 

on available grant funding. The Committee notes that State and 

local managers of National Heritage Areas continue to rely heavily 


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on Federal funding. Funding for the Heritage Partnership Program 

was sustained in fiscal year 2012, and additional guidance was provided for participating heritage areas to develop self-sufficiency 

plans for long-term sustainability. These plans for long-term sustainability have yet to be realized. 

The Committee is aware that the Service is conducting evaluations of National Heritage Areas and has been directed to report 

back to Congress with its recommendation as to the future of the 

Service’s role with respect to each National Heritage Area, no later 

than three years before the date on which authority for Federal 

funding terminates. The Committee is concerned that to date, only 

three evaluations have been completed, and no reports have been 

delivered. The Committee encourages the Service to continue to 

provide grant and technical support to these areas in a manner 

consistent with current policy whether or not the evaluations have 

been completed. 

Native American Graves Protection and Repatriation Grants.— The Committee provides funding for the Native American Graves 

Protection and Repatriation Grant program at the budget request 

level of $1,747,000. 

Japanese American Confinement Site Grants.—The Committee 

maintains its support for the Japanese American Confinement Site 

Grants program at the budget request level of $2,995,000. This program leverages proportional funding through partnerships with 

local preservation groups to preserve Japanese American World 

War II confinement sites. 

HISTORIC PRESERVATION FUND

The Historic Preservation Fund supports the State historic preservation offices to perform a variety of functions. These include 

State management and administration of existing grant obligations; review and advice on Federal projects and actions; determinations and nominations to the National Register; Tax Act certifications; and technical preservation services. The States also review properties to develop data for planning use. Funding in this 

account also supports direct grants to qualifying organizations for 

individual preservation projects and for activities in support of heritage tourism and local historic preservation. 

Appropriation enacted, 2012 .............................................................. $55,910,000 

Budget estimate, 2013 ....................................................................... 55,910,000 

Recommended, 2013 ........................................................................... 49,500,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥6,410,000 

Budget estimate, 2013 ................................................................ ¥6,410,000 

The Committee recommends $49,500,000 for historic preservation programs, $6,410,000 below both the fiscal year 2012 enacted 

level and the budget request. The Committee recommends the following changes to the request: 

State and Tribal Historic Preservation Offices.—The Committee 

supports the longstanding efforts of State and Tribal Historic Preservation Offices to identify and protect irreplaceable historic and 

archaeological resources. The Committee recommends $42,500,000 

for State Historic Preservation Offices, $4,425,000 below both the 

fiscal year 2012 enacted level and the budget request. The Committee recommends $7,000,000 for Tribal Historic Preservation OfVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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fices, $1,985,000 below both the fiscal year 2012 enacted level and 

the budget request. 

CONSTRUCTION

Appropriation enacted, 2012 .............................................................. $155,366,000 

Budget estimate, 2013 ....................................................................... 131,173,000 

Recommended, 2013 ........................................................................... 131,173,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥24,193,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $131,173,000 for Construction, 

$24,193,000 below the fiscal year 2012 enacted level and equal to 

the budget request. These amounts fund major repairs and construction of National Park Service assets. The Committee notes 

that the budget request for line item construction is at the lowest 

level since 1997 and does not propose funding any new facility construction in fiscal year 2013. 

LAND AND WATER CONSERVATION FUND

RESCISSION

Appropriation enacted, 2012 .............................................................. ¥$30,000,000 

Budget estimate, 2013 ....................................................................... ¥30,000,000 

Recommended, 2013 ........................................................................... ¥30,000,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends the rescission of $30,000,000 in the 

annual contract authority provided by 16 U.S.C. 460l–10a. This authority has not been used in years and there are no plans to use 

it in fiscal year 2013. The Committee does not agree with the Administration’s proposal to permanently cancel the authority. 

LAND ACQUISITION AND STATE ASSISTANCE

Appropriation enacted, 2012 .............................................................. $101,897,000 

Budget estimate, 2013 ....................................................................... 119,421,000 

Recommended, 2013 ........................................................................... 13,294,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥88,603,000 

Budget estimate, 2013 ................................................................ ¥106,127,000 

The Committee recommends $13,294,000 for Land Acquisition and State Assistance, $88,603,000 below the fiscal year 2012 enacted level and $106,127,000 below the budget request. The 

amounts recommended by the Committee compared with the budget estimates by activity are shown in the table at the end of this 

report. The Committee has included language in the front of the report regarding Land and Water Conservation Fund programs. 

American Battlefield Protection Program.—Given the significance 

of the 150th Anniversary of the Civil War, the Committee recognizes the importance of the American Battlefield Protection Program which provides funding to protect historically significant battlefields outside of current NPS boundaries. Since fiscal year 1999, 

more than 17,700 acres of the most historically significant sites 

have been preserved from development. The Committee provides 

$2,000,000 for the program. 


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UNITED STATES GEOLOGICAL SURVEY

The U.S. Geological Survey (USGS) is the Nation’s largest water, 

Earth, and biological science and civilian mapping agency. Established on March 3, 1879, the USGS serves the Nation by providing 

reliable scientific information to describe and understand the 

Earth; minimize loss of life and property from natural disasters; 

manage water, biological, energy, and mineral resources; and enhance and protect our quality of life. The USGS programs address 

increasingly complex societal issues such as the development of alternative and unconventional energy resources, management of 

critical ecosystems, understanding and adaptation to climate 

change, and responses to natural and human-induced hazards. For 

more than a century, the diversity of scientific expertise has enabled the USGS to carry out large-scale, multi-disciplinary investigations and provide impartial scientific information to resource 

managers, planners, policymakers, and the public. 

SURVEYS, INVESTIGATIONS, AND RESEARCH

Appropriation enacted, 2012 .............................................................. $1,068,032,000 

Budget estimate, 2013 ....................................................................... 1,102,492,000 

Recommended, 2013 ........................................................................... 967,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥101,032,000 

Budget estimate, 2013 ................................................................ ¥135,492,000 

The Committee recommends $967,000,000 for Surveys, Investigations, and Research, $101,032,000 below the fiscal year 2012 enacted level and $135,492,000 below the budget request. The Committee accepts the proposed transfers but does not accept the proposed fixed cost increases. The Committee does not accept the proposed program changes except as otherwise indicated below. The 

bill includes a number of general reductions to activities within 

this account that are not shown below. A complete summary of the 

amounts recommended by the Committee compared with the budget estimates by activity are shown in the table at the end of this 

report. 

Within Ecosystems, the bill includes the following program increases, as requested: $1,000,000 for white nose syndrome in bats; 

$2,000,000 for Great Lakes Asian carp control; and $1,000,000 for 

Upper Mississippi Asian carp control. 

Within Climate and Land Use Change, the bill includes the fol- lowing program changes, as requested: an increase of $500,000 for 

climate science support on tribal lands; a decrease of $1,750,000 

from Land Remote Sensing; and an increase of $750,000 for disaster response. 

Within Energy, Minerals, and Environmental Health, the bill includes the following program changes, as requested: an increase of 

$1,000,000 for rare earth elements research; and a decrease of 

$250,000 from the minerals external research program. The Committee does not accept the proposed reductions of $500,000 from 

Contaminant Biology and $2,000,000 from Toxic Substances Hydrology. The Committee supports continuing efforts by the Survey 

to conduct an in-depth analysis of the extent and sources of endocrine-disrupting chemicals impacting fish and wildlife in the Chesapeake Bay Watershed. 


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Within Natural Hazards, the bill includes the following program 

decreases, as requested: $300,000 from volcano observatory assessments; and $700,000 from the National Volcano Early Warning 

System. 

The Committee recognizes that earthquakes are a destructive 

and costly natural hazard threat to the United States. Given that 

many regions remain vulnerable to earthquake hazards, the Committee encourages the Survey to continue its efforts with partner 

stakeholders in research, development, and outreach to increase 

preparedness across the country. Furthermore, the Committee recognizes the importance of a robust earthquake monitoring network 

to the safety and vitality of our Nation and encourages the Survey, 

in conjunction with stakeholders, to continue efforts to maintain 

and develop the Advanced National Seismic System in order to enable early earthquake warnings. 

Within Water Resources, the bill includes the following program 

changes: an increase of $2,500,000 for a groundwater network, as 

requested; a decrease of $459,000 from National Water Quality Assessment instead of the requested $6,049,000 decrease; and an increase of $3,112,000 for disaster response within the National 

Streamflow Information Program instead of the requested 

$5,500,000 increase. 

Within Core Science Systems, the bill includes the following program decreases, as requested: $700,000 from data management; 

and $446,000 from data preservation. 

Within Administration and Enterprise Information, the bill includes a combined decrease of $3,691,000 from Administrative 

Services, as requested. 

Within Facilities, the bill includes a program decrease of 

$4,390,000 due to operations and maintenance efficiencies, as requested. 

Bill Language.—The bill provides two-year funding authority except for satellite operations and deferred maintenance and capital 

improvement projects, which are no-year authority. Provisos include a funding limitation on surveys on private property and a 

cost-share requirement on topographic mapping and water resources activities carried on in cooperation with States and municipalities. 

BUREAU OF OCEAN ENERGY MANAGEMENT

The Bureau of Ocean Energy Management is responsible for the 

environmentally and economically sound development of the Nation’s offshore energy and mineral resources. The Bureau’s management of these resources helps meet the Nation’s energy needs 

by providing access to—and fair return to the American taxpayer 

for—offshore energy and mineral resources through strategic planning and resource and economic evaluation. Conventional energy 

activities include development of the Five-Year Outer Continental 

Shelf (OCS) Oil and Gas Leasing Program; assessment of mineral 

resource potential, tracking of inventories of oil and gas reserves, 

and development of production projections; and economic evaluation to ensure the receipt of fair value through lease sales and 

lease terms. 


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OCEAN ENERGY MANAGEMENT

Appropriation enacted, 2012 .............................................................. $59,696,000 

Budget estimate, 2013 ....................................................................... 62,701,000 

Recommended, 2013 ........................................................................... 59,696,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ ¥3,005,000 

The Committee recommends an appropriation of $59,696,000 for 

Ocean Energy Management, equal to the fiscal year 2012 enacted 

level and $3,005,000 below the budget request. The collection of offsetting rental receipts and cost recovery fees total $101,404,000, as 

requested, $322,000 below the fiscal year 2012 enacted level. The 

recommendation also continues language in Title I General Provisions originating in the fiscal year 2011 Continuing Resolution allowing the reorganization of the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement 

only in conformance with Committee reprogramming guidelines. 

The Committee does not provide funding for National Ocean Policy Coastal and Marine Spatial Planning. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

The Bureau of Safety and Environmental Enforcement is responsible for oversight of exploration, development, and production operations for oil, gas, and other marine minerals on the Outer Continental Shelf (OCS). Leases in Federal waters off the shores of California, Alaska, and the Gulf of Mexico provide about 25 percent of 

the Nation’s oil production and more than 10 percent of domestic 

natural gas production. The Bureau facilitates the safe and environmentally responsible development of oil and gas and the conservation of offshore resources. The Bureau’s safety and environmental compliance activities include oil and gas permitting; facility 

inspections, regulations and standards development; safety and oil 

spill research; field operations; environmental compliance and enforcement; review of operator oil spill response plans; production 

and development; and operation of a national training center for inspectors and engineers. 

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

Appropriation enacted, 2012 .............................................................. $61,375,000 

Budget estimate, 2013 ....................................................................... 81,399,000 

Recommended, 2013 ........................................................................... 61,375,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ ¥20,024,000 

The Committee recommends an appropriation of $61,375,000 for 

Offshore Safety and Environmental Enforcement, equal to the fiscal year 2012 enacted level and $20,024,000 below the budget request. The collection of offsetting rental receipts, cost recovery fees 

and inspection fees totals $125,881,000, as requested, $4,800,000 

below the fiscal year 2012 enacted level. 

The Committee continues to be concerned with the Bureau’s stated intentions for the expansion of regulatory authority over nonlease holders under the Outer Continental Shelf Lands Act 

(OCSLA). The authority and need for this action has not been explained or justified to the Committee, nor how this diversion of limVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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ited resources would impact the Bureau’s current mission and objectives identified in the fiscal year 2013 budget request. The agency is directed to use all the resources provided toward the regulatory efforts presented in the fiscal year 2013 budget request (with 

the exception of the National Ocean Policy and Marine Spatial 

Planning). Further, the Committee directs that no funds be expended for other purposes until the agency has fully explained its 

authority, intentions, and objectives to the Committee and the public. 

OIL SPILL RESEARCH

Appropriation enacted, 2012 .............................................................. $14,899,000 

Budget estimate, 2013 ....................................................................... 14,899,000 

Recommended, 2013 ........................................................................... 14,899,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $14,899,000 for Oil Spill Research, 

as requested, equal to the fiscal year 2012 enacted level. This funding is derived from the Oil Spill Liability Trust Fund to conduct 

oil spill research and financial responsibility and inspection activities associated with the Oil Pollution Act of 1990, Public Law 101– 

380. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

The Office of Surface Mining Reclamation and Enforcement 

(OSM), through its regulation and technology account, regulates 

surface coal mining operations to ensure that the environment is 

reclaimed once mining is completed. The OSM accomplishes this 

mission by providing grants and technical assistance to those 

States that maintain their own regulatory and reclamation programs and by conducting oversight of State programs. Further, the 

OSM administers the regulatory programs in the States that do not 

have their own programs and on Federal and tribal lands. Through 

its Abandoned Mine Land (AML) reclamation program, the OSM 

provides funding for environmental restoration at abandoned coal 

mines based on fees collected from current coal production operations. In their un-reclaimed condition these abandoned sites endanger public health and safety, and prevent the beneficial use of 

land and water resources. Mandatory appropriations provide funding for the abandoned coal mine sites as required under the 2006 

amendments to the Surface Mining Control and Reclamation Act. 

The amounts recommended by the Committee for each Office of 

Surface Mining Reclamation and Enforcement appropriation account, compared with the budget estimates by activity, are shown 

in the table at the end of this report. 

REGULATION AND TECHNOLOGY

Appropriation enacted, 2012 .............................................................. $122,713,000 

Budget estimate, 2013 ....................................................................... 113,053,000 

Recommended, 2013 ........................................................................... 122,713,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ +9,660,000 

The Committee recommends $122,713,000 for Regulation and 

Technology, equal to the fiscal year 2012 enacted level and 


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$9,660,000 above the budget request. The Committee funds regulatory grants at $68,700,000, equal to the fiscal year 2012 enacted 

level. The Committee directs OSM and the Administration to discontinue efforts to push States to raise fees on industry as the bill 

provides the funds necessary for States to run their regulatory programs. Federal regulatory grants to primacy States results in the 

highest benefit and the lowest cost to taxpayers, and if a State 

were to relinquish primacy, OSM would have to hire and train sufficient numbers and types of Federal employees. The cost to implement the Federal program would be significantly higher and as 

such the Committee summarily rejects the proposal. 

The Committee similarly rejects the proposal to increase inspections and enhanced Federal oversight of State regulatory programs. 

Delegation of the authority to the States is the cornerstone of the 

surface mining regulatory program, and State regulatory programs 

do not need enhanced Federal oversight to ensure continued implementation of a protective regulatory framework. Accordingly, the 

Committee has not provided the $3,994,000 and 25 FTE increase 

requested for those activities within the Regulation and Technology 

account. 

OSM/BLM Merger.—The Committee remains concerned about 

the lack of coordination and consultation with Congress on efforts 

to merge functions of the Bureau of Land Management (BLM) and 

the Office of Surface Mining Reclamation and Enforcement (OSM). 

The Committee believes that the proposal offers little administrative savings when attempting to combine functions of two statutorily created agencies, and directs no further funds be spent on 

studies to merge functions of BLM and OSM. 

ABANDONED MINE RECLAMATION FUND

Appropriation enacted, 2012 .............................................................. $27,399,000 

Budget estimate, 2013 ....................................................................... 27,548,000 

Recommended, 2013 ........................................................................... 27,366,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥33,000 

Budget estimate, 2013 ................................................................ ¥182,000 

The Committee recommends $27,366,000 for the Abandoned 

Mine Reclamation Fund, $33,000 below the fiscal year 2012 enacted level and $182,000 below the budget request. 

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

The Bureau of Indian Affairs and Bureau of Indian Education 

(Bureau) were founded in 1824 to establish a government-to-government relationship and trust responsibility that results from 

treaties with Native groups. The Bureau delivers services to over 

1.7 million American Indians and Alaska Natives. In addition, the 

Bureau provides education programs to American Indians through 

the operation of 169 schools and 14 dormitories. The Bureau administers more than 56 million acres of land held in trust status. 

Over 10 million of these acres belong to individuals and 46 million 

acres are held in trust for Tribes. 


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OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2012 .............................................................. $2,367,738,000 

Budget estimate, 2013 ....................................................................... 2,379,431,000 

Recommended, 2013 ........................................................................... 2,404,672,000 

Comparison: 

Appropriation, 2012 .................................................................... +36,934,000 

Budget estimate, 2013 ................................................................ +25,241,000 

The Committee recommends $2,404,672,000 for the Operation of Indian Programs, $36,934,000 above the fiscal year 2012 enacted 

level and $25,241,000 above the budget request. The amounts recommended by the Committee compared with the budget estimates 

by activity are shown in the table at the end of this report. 

Changes to the budget request follow. 

Within Tribal Government, the bill includes an increase of 

$2,250,000 for road maintenance. 

The Committee directs the Bureau to work with Tribes and tribal 

organizations to explore options for improving the transparency of 

current year contract support cost information, and to report back 

to the Committee within 90 days of enactment of this Act. 

Within Education, the bill includes the following increases: $12,991,000 to make up half of the projected shortfall in administrative cost grants, which the Committee notes are also contract 

support costs; and $1,000,000 for the Johnson-O’Malley (JOM) program. 

The Committee is disappointed that the Bureau failed to update 

its count of students eligible for JOM program funding and to report back to the Committee as directed in House Report 112–331. 

The Committee directs the Bureau, in coordination with the Department of Education, and in consultation with the Tribes, to update its count of students eligible for the Johnson-O’Malley Program funding and to report the results to this Committee within 

180 days of enactment of this Act. In addition, the Committee directs the Bureau to reestablish the full-time permanent JohnsonO’Malley coordinator position that was terminated in 2005. 

Within Public Safety and Justice, the bill includes the following increases: $7,443,000 for law enforcement; and $557,000 for tribal 

courts. 

For the purpose of addressing the needs of American Indian 

youth in custody at tribal detention centers operated or administered by the BIA, the Committee considers educational and healthrelated services to juveniles in custody to be allowable costs for detention/corrections program funding. 

Within Community and Economic Development, the bill includes an increase of $1,000,000 for minerals and mining management. 

The Committee directs the Department to work with Tribes to develop a pilot program to accelerate conventional energy and mineral development on lands held in trust for American Indians. The 

Committee notes that not all Federal lands are public lands; that 

conventional energy and mineral development on Tribal trust lands 

is lagging behind State and private lands; that energy and mineral 

development on Tribal trust lands can have tremendous economic 

benefits for people who, as a group, suffer from some of the worst 

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able by law; and that it must be Tribes themselves who determine 

what is in their best interests, particularly on lands held in trust 

specifically for them. The Committee took testimony this year from 

several witnesses who highlighted a number of concerns with the 

current energy and mineral development approval process, including permit fees, the need for additional Federal and Tribal personnel and training, and fair distribution of personnel around the 

country. The Committee directs the Department to use the pilot 

program to make a good faith effort, using existing authorities, to 

address these concerns and others identified by Tribes. 

The Committee remains concerned that efforts to implement new 

administrative policies for P.L. 102–477 funds have the potential to 

add additional costs to Tribes, thereby diverting funds from the important services that this program provides. The Committee notes 

that there has been no evidence of misuse of these funds since the 

program’s inception 20 years ago. The Committee recognizes the 

significant progress made by the P.L. 102–477 Tribal Work Group 

and the Administration to resolve the issues surrounding these 

policies, as directed by House Report 112–331, and feels strongly 

that these joint efforts should continue in pursuit of a permanent 

resolution. In particular, the parties are urged to resolve the financial reporting issues in a way that meets the goals of administrative flexibility and fiscal accountability without impeding the end 

outcome goals of the ‘‘477’’ program. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2012 .............................................................. $123,630,000 

Budget estimate, 2013 ....................................................................... 105,910,000 

Recommended, 2013 ........................................................................... 117,110,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥6,520,000 

Budget estimate, 2013 ................................................................ +11,200,000 

The Committee recommends $117,110,000 for Construction, 

$6,520,000 below the fiscal year 2012 enacted level and 

$11,200,000 above the budget request. The amounts recommended 

by the Committee compared with the budget estimates by activity 

are shown in the table at the end of this report. Changes to the 

budget request follow. 

Within Education, the bill includes an increase of $9,200,000 for 

replacement school construction, which should complete the next 

project on the 2004 priority list. The Committee continues to urge 

the Bureau to move with all deliberate speed to publish a new replacement school construction priority list and to request funding 

in fiscal year 2014 to implement projects on the list. 

The Committee notes the conditions of the Bug O Nay Ge Shig 

School of the Leech Lake Band of Ojibwe as an example of the significant safety and health hazards that have not received due attention by this Administration. The Committee urges the Bureau 

to continue to work with the Leech Lake Band of Ojibwe and other 

Tribes to replace and repair their school facilities. 

The Committee commends the Shoshone-Bannock Tribes of the 

Fort Hall Indian Reservation for their initiative in addressing their 

law enforcement needs by constructing a justice center to house 

their adult and juvenile detention and rehabilitation center, tribal 


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courts, and police department. The Committee also commends the 

Bureau of Indian Affairs in its efforts to assist the Shoshone-Bannock Tribes in ensuring that the Center continues to operate effectively. Knowing that work must be done in consultation with 

Tribes, the Committee continues to encourage the Bureau to consider establishing regional detention centers at new or existing facilities, such as the Shoshone-Bannock Tribes’ Justice Center, as it 

works to combat the crime problem in Indian Country. 

Within General Administration, the bill includes an increase of 

$2,000,000 for Construction Program Management. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

Appropriation enacted, 2012 .............................................................. $32,802,000 

Budget estimate, 2013 ....................................................................... 36,293,000 

Recommended, 2013 ........................................................................... 36,293,000 

Comparison: 

Appropriation, 2012 .................................................................... +3,491,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $36,293,000 for Indian Land and 

Water Claim Settlements and Miscellaneous Payments to Indians, 

as requested, $3,491,000 above the fiscal year 2012 enacted level. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

Appropriation enacted, 2012 .............................................................. $7,103,000 

Budget estimate, 2013 ....................................................................... 5,000,000 

Recommended, 2013 ........................................................................... 10,000,000 

Comparison: 

Appropriation, 2012 .................................................................... +2,897,000 

Budget estimate, 2013 ................................................................ +5,000,000 

The Committee recommends $10,000,000 for the Indian Guaranteed Loan Program Account, $2,897,000 above the fiscal year 2012 

enacted level and $5,000,000 above the budget request. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

The Office of the Secretary supports a wide-range of Departmental business, policy, and oversight functions. In September 

2010, Secretarial Order 3306 established the Office of Natural Resources Revenue as part of the reorganization of the former Minerals Management Service (MMS). This revenue collection and 

compliance function is now managed within the Office of the Secretary. 

DEPARTMENTAL OPERATIONS

Appropriation enacted, 2012 .............................................................. $261,897,000 

Budget estimate, 2013 ....................................................................... 261,631,000 

Recommended, 2013 ........................................................................... 247,777,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥14,120,000 

Budget estimate, 2013 ................................................................ ¥13,854,000 

The Committee recommends $247,777,000 for Departmental Operations, $14,120,000 below the fiscal year 2012 enacted level and 

$13,854,000 below the budget request. The detailed allocation of 


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funding by program is included in the table at the end of this report. 

Leadership and Administration.—The Committee recommends 

$120,160,000 for Leadership and Administration, equal to the fiscal 

year 2012 enacted level and $1,551,000 below the budget request. 

Management Services.—The Committee recommends $8,199,000 

for Management Services, $14,120,000 below the fiscal year 2012 

enacted level and $12,112,000 below the budget request. The reduction below the request is to the Office of Valuation Services. 

Office of Natural Resources Revenue.—The Committee recommends $119,418,000 for the Office of Natural Resources Revenue, equal to the fiscal year 2012 enacted level and $191,000 

below the budget request. 

Additional Guidance.—National Monument Designations.—The 

Department is directed to work collaboratively with interested parties, including the Congress, States, local communities, tribal governments and others prior to planning, implementing, or making 

national monument designations. 

Technical Assistance.—The Committee understands and values 

the technical expertise and depth of knowledge that Federal land 

managers and researchers possess, and sees the potential value in 

providing volunteer opportunities for senior agency leaders to share 

their expertise and technical assistance to supporting national 

parks and forests in other countries. The Committee encourages 

the Secretary of the Interior and the Chief of the Forest Service to 

connect willing former and current senior employees with nongovernmental organizations seeking to assist other countries in 

building the capacity to manage natural resources and public 

lands. 

Aerial Monitoring.—The Department has indicated that it utilizes unmanned aircraft on loan from the Department of Defense 

to develop an ‘‘operational capability strategy’’ to support DOI’s 

natural resource missions. According to the Department, operations 

are limited to Federal (Interior) lands and are vetted with interagency partners such as the FAA. Each operation undergoes an approval process including DOI Solicitor review which is intended to 

mitigate risk of misuse. These aircraft are centrally managed by 

the Department’s Office of Aircraft Services which maintains inventory control. The Committee directs the Department to submit 

a report to the House and Senate Committees on Appropriations 

within 180 days of enactment of this Act that identifies by fiscal 

year: the specific location and nature of work being performed by 

unmanned aerial vehicles; the amount of funding spent to contract 

for aerial over-flights; the contractor performing the work; and the 

number of flights performed. The report shall include expenditures 

for each fiscal year up through fiscal year 2012. 

Bill Language.—The Committee has continued to include bill 

language that deducts two percent of State royalties to help cover 

Federal administrative costs. 

The Committee has eliminated bill language from prior years relating to a limitation on personal services. Based on various existing statutory prohibitions imposing limits on the use of funds, the 

provision is redundant and no longer necessary. 


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The Committee has included bill language extending mandatory 

funding of the Payments in Lieu of Taxes (PILT) Program for fiscal 

year 2013. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The Office of Insular Affairs (OIA) was established on August 4, 

1995, through Secretarial Order No. 3191, which also abolished the 

former Office of Territorial and International Affairs. The OIA has 

important responsibilities to help the United States government 

fulfill its responsibilities to the four U.S. territories of Guam, 

American Samoa (AS), U.S. Virgin Islands (USVI) and the Commonwealth of the Northern Mariana Islands (CNMI) and also the 

three freely associated States: the Federated States of Micronesia 

(FSM), the Republic of the Marshall Islands (RMI) and the Republic of Palau. The permanent and trust fund payments to the territories and the compact nations provide substantial financial resources to these governments. During fiscal year 2004, financial arrangements for the Compacts of Free Association with the FSM 

and the RMI were implemented. These also included mandatory 

payments for certain activities previously provided in discretionary 

appropriations as well as Compact impact payments of $30,000,000 

per year split among Guam, CNMI, AS, and Hawaii. During fiscal 

year 2013 permanent funding of $487,254,000 will be made available to these governments in addition to the discretionary funding 

discussed below. 

Appropriation enacted, 2012 .............................................................. $87,901,000 

Budget estimate, 2013 ....................................................................... 84,946,000 

Recommended, 2013 ........................................................................... 79,946,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥7,955,000 

Budget estimate, 2013 ................................................................ ¥5,000,000 

The amounts recommended by the Committee for the Office of 

Insular Affairs appropriations accounts compared with the budget 

estimates by activity are shown in the table at the end of this report. The Committee recommends $79,946,000 for Assistance to 

Territories, $7,955,000 below the fiscal year 2012 enacted level and 

$5,000,000 below the budget request. 

COMPACT OF FREE ASSOCIATION

Appropriation enacted, 2012 .............................................................. $17,313,000 

Budget estimate, 2013 ....................................................................... 3,054,000 

Recommended, 2013 ........................................................................... 3,313,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥14,000,000 

Budget estimate, 2013 ................................................................ +259,000 

The Committee recommends $3,313,000 for the Compact of Free 

Association, $14,000,000 below the fiscal year 2012 enacted level 

and $259,000 above the budget request. The Committee expects the 

Compact will be renegotiated and therefore the discretionary stopgap funding will not be necessary in fiscal year 2013. Further, the 

Committee finds insufficient justification to reduce funding for the 

Enewetak program and maintains funding at the fiscal year 2012 

enacted level. 


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ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS

Bill language has been included to provide the Secretary with authority to redistribute capital improvement funds in fiscal year 

2013 based upon expenditure rates in the territories. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $66,190,000 

Budget estimate, 2013 ....................................................................... 64,939,000 

Recommended, 2013 ........................................................................... 64,654,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,536,000 

Budget estimate, 2013 ................................................................ ¥285,000 

The Committee recommends $64,654,000 for Salaries and Expenses of the Office of the Solicitor, $1,536,000 below the fiscal 

year 2012 enacted level and $285,000 below the budget request. 

The detailed allocation of funding by program is included in the 

table at the end of this report. 

Bill Language.—The bill includes modified language in Title I 

General Provisions addressing the trailing of livestock across public 

lands. The language modification is necessitated by the Office of 

the Solicitor providing information on bill language to the Committee on Appropriations during development of the fiscal year 

2012 Interior, Environment, and Related Agencies Appropriations 

conference report and subsequently changing its legal interpretation of the language following the bill’s enactment. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $49,392,000 

Budget estimate, 2013 ....................................................................... 48,493,000 

Recommended, 2013 ........................................................................... 48,493,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥899,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $48,493,000 for Salaries and Expenses of the Office of Inspector General, $899,000 below the fiscal 

year 2012 enacted level and equal to the budget request. The detailed allocation of funding by program is included in the table at 

the end of this report. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The Office of the Special Trustee for American Indians was established by the American Indian Trust Fund Management Reform 

Act of 1994 (Public Law 103–412). The Department of the Interior 

is responsible for managing 55 million surface acres and 57 million 

acres of subsurface mineral interests for over 300,000 Individual 

Indian Money (IIM) accounts and over 2,900 trust accounts (over 

250 Tribes). On these lands, the Department of the Interior manages over 100,000 leases for individual Indians and Tribes. The DeVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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partment received approximately $401,000,000 in fiscal year 2011 

from leases, permits, land sale revenues, royalties from mineral resources, settlements and judgments, and investment income for Individual Indian Money accounts, and approximately $609,000,000 

for Tribal accounts. 

Appropriation enacted, 2012 .............................................................. $152,075,000 

Budget estimate, 2013 ....................................................................... 146,000,000 

Recommended, 2013 ........................................................................... 146,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥6,075,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $146,000,000 for Federal Trust Programs, as requested, $6,075,000 below the fiscal year 2012 enacted 

level. The detailed allocation of funding by program is included in 

the table at the end of this report. 

DEPARTMENT-WIDE PROGRAMS 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The Department’s Wildland Fire Management and FLAME wildfire suppression reserve accounts support fire activities for the Bureau of Land Management, the National Park Service, the Fish and 

Wildlife Service, and the Bureau of Indian Affairs. 

Appropriation enacted, 2012 .............................................................. $483,589,000 

Budget estimate, 2013 ....................................................................... 726,473,000 

Recommended, 2013 ........................................................................... 746,473,000 

Comparison: 

Appropriation, 2012 .................................................................... +262,884,000 

Budget estimate, 2013 ................................................................ +20,000,000 

The Committee recommends $746,473,000 for Wildland Fire 

Management at the Department of the Interior, $262,884,000 above 

the fiscal year 2012 enacted level and $20,000,000 above the budget request. The Committee’s recommendation, combined with 

$92,000,000 recommended in the FLAME wildfire suppression reserve account, fully funds the 10-year fire suppression average expenditures. The Committee notes that the dramatic increase in appropriations compared to fiscal year 2012 is due to: (1) an increase 

in the 10-year fire suppression average expenditures for the Department of the Interior; and (2) the use of $189,577,000 in emergency carry-over suppression dollars in fiscal year 2012 to offset 

appropriations. 

Wildfire Preparedness.—The Committee recommends 

$279,508,000 for Wildfire Preparedness, as requested, $2,986,000 

above the fiscal year 2012 enacted level. The Committee believes 

that the Department and the Forest Service must work together, 

along with States and other partners, to maintain sufficient readiness within the preparedness program. The Department should immediately notify the Committees on Appropriations if it appears 

that funding shortfalls may limit needed firefighting capacity. 

Wildfire Suppression Operations.—The Committee recommends 

$276,508,000, as requested, for Wildfire Suppression Operations, 

$6,027,000 above the fiscal year 2012 enacted level. The Committee 

recommendation, including the FLAME wildfire suppression reVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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serve fund, fully funds the 10-year fire suppression average expenditures. 

Hazardous Fuels.—The Committee recommends $167,315,000 for 

the Hazardous Fuels program, $15,706,000 below the fiscal year 

2012 enacted level and $22,000,000 above the budget request. 

As stated in the fiscal year 2012 Interior, Environment, and Related Agencies conference report, the Committee is aware of the duplication that exists in the Department of the Interior’s wildland 

fire programs (multiple parallel organizations in four bureaus with 

multiple levels to manage multiple fire activities). The Committee 

is deeply concerned about the growth of the Department’s Office of 

Wildland Fire Coordination in Boise, Idaho, especially with few or 

no FTE reductions in other areas. The Committee notes that FTE’s 

for the Boise office are expected to increase dramatically in fiscal 

year 2013 with no identifiable benefit. 

The Committee awaits the report required on the Department’s 

wildland fire programs per the fiscal year 2012 Interior, Environment, and Related Agencies conference report. Until this report is 

received, and its recommendations are approved by the Committee, 

the Department is directed to maintain the Office of Wildland Fire 

Coordination at current levels. 

The Committee again directs the Department to continue funding hazardous fuels reduction on the highest priority projects in the 

highest priority areas rather than spending funds based on percentages of acres treated in the wildland urban interface. 

The Committee directs the Department to better coordinate hazardous fuels funding with Department agencies and States to protect core sage grouse habitat from catastrophic wildfires using both 

hazardous fuels dollars to prevent wildfires and preparedness/suppression dollars to suppress fires. Further, the Committee expects 

Department agencies to devote a higher portion of funds on these 

efforts. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2012 .............................................................. $91,853,000 

Budget estimate, 2013 ....................................................................... 92,000,000 

Recommended, 2013 ........................................................................... 92,000,000 

Comparison: 

Appropriation, 2012 .................................................................... +147,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $92,000,000 for the FLAME Wildfire Suppression Reserve Fund, as requested, $147,000 above the 

fiscal year 2012 enacted level. As discussed above under the 

Wildland Fire Management account, the Committee fully funds the 

10-year average expenditure for wildfire suppression. 

CENTRAL HAZARDOUS MATERIALS FUND

Appropriation enacted, 2012 .............................................................. $10,133,000 

Budget estimate, 2013 ....................................................................... 9,598,000 

Recommended, 2013 ........................................................................... 9,133,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,000,000 

Budget estimate, 2013 ................................................................ ¥465,000 


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The Committee recommends $9,133,000 for the Central Hazardous Materials Fund, $1,000,000 below the fiscal year 2012 enacted level and $465,000 below the budget request. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

Appropriation enacted, 2012 .............................................................. $6,253,000 

Budget estimate, 2013 ....................................................................... 6,263,000 

Recommended, 2013 ........................................................................... 6,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥253,000 

Budget estimate, 2013 ................................................................ ¥263,000 

The Committee recommends $6,000,000 for the Natural Resource 

Damage Assessment Fund, $253,000 below the fiscal year 2012 enacted level and $263,000 below the budget request. The detailed allocation of funding by program is included in the table at the end 

of this report. 

WORKING CAPITAL FUND

Appropriation enacted, 2012 .............................................................. $61,920,000 

Budget estimate, 2013 ....................................................................... 70,647,000 

Recommended, 2013 ........................................................................... 56,936,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥4,984,000 

Budget estimate, 2013 ................................................................ ¥13,711,000 

The Committee recommends $56,936,000 for the Working Capital 

Fund, $4,984,000 below the fiscal year 2012 enacted level and 

$13,711,000 below the budget request. 

The Committee recommends $56,936,000 for the Financial and 

Business Management System (FBMS), equal to the fiscal year 

2012 enacted level and $10,211,000 below the budget request. The 

Committee has not included the requested increase of $3,500,000 

for Cultural and Scientific Collections. 

Bill Language.—The Committee has included bill language from 

prior years continuing the Department of the Interior’s prohibition 

on establishing reserves in the appropriated Working Capital Fund 

other than for accrued annual leave and depreciation of equipment 

without the prior approval of the House and Senate Committees on 

Appropriations. 

The Committee has continued language from prior years relating 

to the Department’s ability to recover its costs for leasing space 

and providing for training, professional services and equipment to 

State, local and tribal government employees at the National Indian Program Training Center in Albuquerque, New Mexico. The 

National Indian Training Center’s mission is to establish partnerships with State, local and tribal governments for providing educational opportunities in support of the Department’s trust responsibilities to American Indians. Any funds recovered shall only be 

available to the National Indian Program Training Center. 

The Committee has also included language, as requested, providing authority to enter into grants and cooperative agreements 

associated with ONRR’s minerals revenue collection and management functions including the State and Tribal Audit Program. 

ONNR had such authority under the former Bureau of Ocean EnVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00043 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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ergy, Management, Regulation and Enforcement prior to its transfer to the Office of the Secretary. 

The Committee has included an Administrative Provision governing the acquisition of certain aircraft but has not included the 

requested authority for the acquisition of 250 unmanned aircraft. 

The Committee believes the use of certain unmanned aerial vehicles may be beneficial in supporting a variety of the Department’s 

natural resource missions. Because of a number of questions and 

concerns raised about the aerial monitoring of public lands, the 

Committee has requested a report detailing the specific nature of 

this work. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR (INCLUDING

TRANSFERS OF FUNDS) 

Section 101 continues a provision providing for emergency transfer authority (intra-bureau) with the approval of the Secretary. 

Section 102 continues a provision providing for emergency transfer authority (Department-wide) with the approval of the Secretary. 

Section 103 continues a provision providing for the use of appropriations for certain services. 

Section 104 continues a provision permitting the transfer of 

funds between the Bureau of Indian Affairs and the Office of the 

Special Trustee for American Indians. 

Section 105 continues a provision allowing the Secretary to pay 

private attorney fees for employees and former employees in connection with Cobell v. Salazar. 

Section 106 continues a provision allowing Outer Continental 

Shelf inspection fees to be collected by the Secretary of the Interior. 

Section 107 continues a provision authorizing the Bureau of 

Land Management to implement an oil and gas Internet leasing 

program. 

Section 108 continues a provision allowing for the reorganization 

of the Bureau of Ocean Energy Management, Regulation and Enforcement only in conformance with Committee reprogramming 

guidelines. 

Section 109 continues a provision allowing the Bureau of Indian 

Education to utilize funds recovered from grants or ISDA contracts 

to Tribes upon re-assumption of school operations by the Bureau. 

Section 110 continues a provision allowing the Bureau of Land 

Management to enter into long-term cooperative agreements for 

long-term care and maintenance of excess wild horses and burros 

on private land. 

Section 111 continues a provision dealing with the U.S. Fish and 

Wildlife Service’s responsibilities for mass marking of salmonid 

stocks. 

Section 112 modifies a provision addressing BLM actions regarding grazing on public lands. 

Section 113 modifies a provision providing for the trailing of livestock across public lands through fiscal year 2014. 

Section 114 continues a provision prohibiting funds to implement, administer or enforce Secretarial Order 3310 issued by the 

Secretary of the Interior on December 22, 2010. 

Section 115 makes corrections on claim maintenance fee amendments. 


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Section 116 extends by one year the reporting deadline for the 

Indian Law and Order Commission to complete its report to Congress. The Commission’s work was delayed by a year due to a lack 

of Federal funds. 

Section 117 requires the Secretary to make a timely decision on 

the matter of a proposal to delist gray wolves. 

Section 118 extends National Heritage Area authorities. 

Section 119 provides the BLM and BIA with certain hiring authorities. 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

The Environmental Protection Agency (EPA) was created by Reorganization Plan No. 3 of 1970, which consolidated nine programs 

from five different agencies and departments. Major EPA programs 

include air and water quality, drinking water, hazardous waste, research, pesticides, radiation, toxic substances, enforcement and 

compliance assurance, pollution prevention, Inland oil spill, Superfund, Brownfields, and the Leaking Underground Storage Tank 

program. In addition, EPA provides Federal assistance for wastewater treatment, sewer overflow control, drinking water facilities, 

other water infrastructure projects, and diesel emission reduction 

projects. The Agency is responsible for conducting research and development, establishing environmental standards through the use 

of risk assessment and cost-benefit, monitoring pollution conditions, seeking compliance through enforcement actions, managing 

audits and investigations, and providing technical assistance and 

grant support to States and Tribes, which are delegated authority 

for much of the program implementation. Under existing statutory 

authority, the Agency contributes to specific homeland security efforts and may participate in international environmental activities. 

Among the statutes for which the Environmental Protection 

Agency has sole or significant oversight responsibilities are: 

National Environmental Policy Act of 1969, as amended. 

Federal Insecticide, Fungicide, and Rodenticide Act, as amended. 

Toxic Substances Control Act, as amended. 

Clean Water Act [Federal Water Pollution Control Act], as 

amended. 

Federal Food, Drug and Cosmetic Act, as amended. 

Ocean Dumping Act [Marine Protection, Research, and Sanctuaries Act of 1972], as amended. 

Oil Pollution Act of 1990. 

Safe Drinking Water Act [Public Health Service Act (Title XIV)], 

as amended. 

Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 

Clean Air Act, as amended. 

Great Lakes Legacy Act of 2002. 

Bioterrorism Preparedness and Response Act of 2002. 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. 

Small Business Liability Relief and Brownfields Revitalization 

Act of 2002 (amending CERCLA). 

Emergency Planning and Community Right-to-Know Act of 1986. 

Pollution Prevention Act of 1990. 

Pollution Prosecution Act of 1990. 


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Pesticide Registration Improvement Act of 2003. 

Energy Policy Act of 2005. 

Energy Independence and Security Act of 2007. 

For fiscal year 2013, the Committee recommends $7,055,041,000 for the Environmental Protection Agency, $1,394,344,000 below the 

fiscal year 2012 enacted level and $1,289,439,000 below the budget 

request. The amounts recommended by the Committee are changes 

to the request. Comparison to the budget request and 2012 enacted 

levels are shown by account, program area and selected activity in 

the table at the end of the report. 

Reprogramming.—The Agency is held to the reprogramming lim- itation of $1,000,000. This limitation will be applied to each program area in every account at the levels provided in the detailed 

table at the end of this report. This will allow the Agency the flexibility to reprogram funds within a set program area. However, 

where the Committee has cited funding levels for certain program 

projects or activities within a program area, the reprogramming 

limitation continues to apply to those funding levels. Further, the 

Agency may not use any amount of deobligated funds to initiate a 

new program, office, or initiative, without the prior approval of the 

Committee. The other guidelines laid out in the ‘‘Reprogramming 

Guidelines’’ section of this report continue to be in effect. 

Congressional Budget Justification.—The Committee directs the 

Agency to include in future Justifications the following items: (1) 

a comprehensive index of programs and activities within the program projects; (2) the requested bill language, with changes from 

the enacted language highlighted, at the beginning of each account 

section; (3) a justification for every program/project, including those 

proposed for elimination; (4) a comprehensive, detailed explanation 

of all changes within a program project; (5) a table showing consolidations, realignments or other transfers of resources and personnel 

from one program project to another such that the outgoing and receiving program projects offset and clearly illustrate a transfer of 

resources; and, (6) a table listing the budgets and FTE by major 

office within each National Program Management area with pay/ 

non-pay breakouts. The Committee notes that the Congressional 

Justification includes the bill language for each account. The Committee directs the Agency to highlight and explain any changes to 

the proposed bill language in the Congressional Justification. 

SCIENCE AND TECHNOLOGY

The Science and Technology (S&T) account funds all Environmental Protection Agency research (including Superfund research 

activities paid with funds moved into this account from the Hazardous Substance Superfund account). This account includes programs carried out through grants, contracts, and cooperative agreements, cooperative research and development agreements, and 

interagency agreements, with other Federal agencies, States, universities, nonprofit organizations, and private business, as well as 

in-house research. It also funds personnel compensation and benefits, travel, supplies and operating expenses, including rent, utilities and security, for all Agency research. Research addresses a 

wide range of environmental and health concerns across all environmental media and encompasses both long-term basic and nearterm applied research to provide the scientific knowledge and techVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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nologies necessary for preventing, regulating, and abating pollution, and to anticipate emerging environmental issues. 

Appropriation enacted, 2012 .............................................................. $793,728,000 

Budget estimate, 2013 ....................................................................... 807,257,000 

Recommended, 2013 ........................................................................... 738,357,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥55,371,000 

Budget estimate, 2013 ................................................................ ¥68,900,000 

The Committee recommends $738,357,000 for Science and Technology, $55,371,000 below the fiscal year 2012 enacted level and 

$68,900,000 below the budget request. The Committee recommends 

that $22,979,000 be paid to this account from the Hazardous Substance Superfund account for ongoing research activities. The 

changes to the request, as recommended by the Committee, appear 

in the table at the end of this report. The Committee provides the 

following additional detail by program area. 

Clean Air and Climate.—The Committee recommends 

$115,819,000, which is $8,559,000 below the fiscal year 2012 enacted level and $11,289,000 below the budget request. The Committee has not provided the requested increase to implement the 

Cross-State Air Pollution rule, and maintains funding for Federal 

Vehicle and Fuels standards at the fiscal year 2012 enacted level. 

Enforcement.—Funding for forensics support has been main- tained at the 2012 enacted level of $15,269,000, which is $324,000 

below the budget request. 

IT/Data Management.—Funding has been maintained at the fiscal year 2012 enacted level of $3,652,000, which is $395,000 below 

the budget request. 

Operations and Administration.—The Committee recommends 

$68,970,000 for Facilities Infrastructure and Operations, 

$3,049,000 below the fiscal year 2012 enacted level and $6,515,000 

below the budget request. The Committee continues to support 

plans to reduce energy utilization rates in order to mitigate rising 

utility costs. 

Pesticide Licensing.—Funding has been maintained at the fiscal 

year 2012 enacted level of $6,563,000 which is $535,000 below the 

budget request. 

Research: Air, Climate and Energy.—The Committee recommends $95,043,000, which is $3,802,000 below the fiscal year 

2012 enacted level and $10,851,000 below the budget request. From 

within this amount, $77,195,000 is for Research: Clean Air and 

$15,805,000 is for Research: Global Change. 

Research: Chemical Safety and Sustainability.—The Committee 

recommends $123,047,000, which is $8,241,000 below the fiscal 

year 2012 enacted level and $11,699,000 below the budget request. 

Research: National Priorities.—The bill provides $5,000,000 

which shall be used for extramural research grants, independent of 

the STAR grant program, to fund high-priority water quality and 

availability research by not-for-profit organizations who often partner with the Agency. Funds shall be awarded competitively with 

priority given to partners proposing research of national scope and 

who provide a 25 percent match. The Agency is directed to allocate 

funds to grantees within 180 days of enactment of this Act. 

Research: Safe and Sustainable Water Resources.—The Committee recommends $101,921,000, which is $11,555,000 below the 


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fiscal year 2012 enacted level and $19,269,000 below the budget request. Within the funds provided, the Committee supports the requested increase for research to reduce combined sewer overflow 

impacts. The Committee has not provided the requested $4,250,000 

increase for additional hydraulic fracturing research, or the 

$2,000,000 increase for the new Southern New England Program. 

Further, the Committee rejects the proposed $2,326,000 cut to the 

innovative research on small drinking water systems. 

Research: Sustainable and Healthy Communities.—The Committee recommends $152,707,000, which is $18,034,000 below the 

fiscal year 2012 enacted level and $13,023,000 below the budget request. 

Additional Guidance.—The Committee has included the following 

additional guidance with respect to funding provided under this account. 

Endocrine Disruptor Research.—The Committee has longstanding 

interest in EPA’s effort in determining possible health and environmental effects of chemicals. To improve analysis of chemicals, EPA 

needs to improve its scientific understanding of chemical properties 

in order to better inform the Agency’s Contaminant Candidate List 

as required by the Safe Drinking Water Act; Air Toxics Strategy 

as required under the Clean Air Act; and all required activities 

under the Toxic Substances Control Act. EPA is directed to provide 

a report to the Committee that details its current and future efforts 

to develop approaches to understand the toxicity of chemicals in 

terms of molecular ‘‘groups’’ or ‘‘families’’ based on the chemical’s 

intrinsic properties. In addition, as part of EPA’s overall efforts to 

modernize risk assessment protocols, the Committee encourages 

EPA to incorporate the various recommendations of the National 

Academy of Sciences report, ‘‘Science and Decisions,’’ and develop 

a report on the latest scientific literature on low-dose toxicity and 

non-monotonic dose response curves. 

Hydraulic Fracturing.—In 2010, the Committee urged EPA to research whether there is a relationship between hydraulic fracturing 

and drinking water. The Committee understands EPA has incorporated a review of environmental justice impacts into this study, 

which the Committee finds to be outside the scope of the 2010 language and an inappropriate use of funds. No funds have been provided in the bill to research environmental justice impacts related 

to hydraulic fracturing, and EPA shall discontinue the use of any 

resources that may have been diverted to this subactivity. The 

Committee directs the Agency to release the study’s findings with 

respect to whether there is a relationship between hydraulic fracturing and drinking water following appropriate public comment as 

directed in House Report 112–151 and peer review. 

Integrated Risk Information System (IRIS).—The Committee 

strongly supports the goals of EPA’s IRIS Program and believes a 

transparent, robust, and reproducible approach for synthesizing scientific information is an important element of influential Federal 

scientific assessment programs. However, it has become increasingly clear that fundamental improvements in the policies and 

practices of the IRIS program are necessary to ensure that the assessments developed are firmly based on up-to-date scientific 

knowledge, meet the highest of standards of scientific inquiry, and 

are evaluated in accordance with acceptable scientific approaches. 


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Therefore, building from the directives in the fiscal year 2012 Interior, Environment, and Related Agencies conference report, the 

Committee directs the Agency to take the following actions: 

(a) For draft and final IRIS assessments released in fiscal year 

2013, the Agency shall include documentation describing how the 

Chapter 7 recommendations of the National Academy of Sciences 

(NAS) have been implemented or addressed, including an explanation for why certain recommendations were not incorporated. 

(b) The Agency shall issue a progress report to the House and 

Senate Committees on Appropriations and relevant Congressional 

authorizing committees no later than March 1, 2013, describing the 

IRIS Program’s implementation of the National Research Council’s 

Chapter 7 recommendations. 

(c) Accordingly, the Committee directs EPA to re-evaluate, using 

acrylonitrile and other relevant assessments as case studies, the 

methods previously used to evaluate and interpret the body of 

available scientific data, including the weight-of-evidence approach, 

and include in the report called for in section (b) a chapter on 

whether there are scientifically more appropriate methods to assess, synthesize and draw conclusions regarding likely human 

health effects associated with likely exposures to the substances. 

Laboratory Workforce Planning.—In July 2011, the GAO found 

that EPA needs a more coordinated approach to managing its laboratories. Of particular concern to the Committee, the GAO’s findings reiterated that the Agency has failed to comprehensively plan 

for managing its workforce across its laboratories. The Committee 

is pleased that the Agency has identified a number of science-related positions as mission critical occupations. However, EPA 

should develop a comprehensive workforce planning process for all 

laboratories that is based on reliable workforce data in order to 

identify future needs across all Agency laboratories. 

Title 42 Hiring Authority.—The Committee has increased the authorized cap for Title 42 slots from 30 to 50 in the Administrative 

Provisions section. While the Committee recognizes the world class 

talent that currently resides within the Agency, EPA should identify where critical talent gaps exist and actively recruit accredited 

scientists with the knowledge and expertise needed by the Agency. 

As such, the Committee continues to direct EPA to use Title 42 authority to recruit external talent to the Agency. 

ToxCast.— The Committee supports EPA’s leadership role in the 

creation of a new paradigm for chemical risk assessment based on 

the incorporation of advanced molecular biological and computational methods in lieu of animal toxicity tests. The Committee encourages EPA to continue to expand its support for the use of 

human biology-based experimental and computational approaches 

in health research to further define toxicity and disease pathways 

and develop tools for their integration into evaluation strategies. 

Funding should be made available for the evaluation of the relevance and reliability of Tox21 methods and prediction tools to assure readiness and utility for regulatory purposes, including pilot 

studies of pathway-based risk assessments. The Committee directs 

that EPA provide a report on associated funding in fiscal year 2013 

for the aforementioned activities and a progress report of Tox21 activities in the fiscal year 2014 Congressional justification, featuring 

a five-year plan for projected budgets for the development of Tox21 


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methods, and including prediction models and activities specifically 

focused on establishing scientific confidence in them for regulatory 

applications. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

The Environmental Programs and Management account encompasses a broad range of abatement, prevention, enforcement, and 

compliance activities, and personnel compensation, benefits, travel, 

and expenses for all programs of the Agency except Science and 

Technology, Hazardous Substance Superfund, Leaking Underground Storage Tank Trust Fund, Inland Oil Spill Programs, and 

the Office of Inspector General. 

Abatement, prevention, and compliance activities include setting 

environmental standards, issuing permits, monitoring emissions 

and ambient conditions and providing technical and legal assistance toward enforcement, compliance, and oversight. In most cases, 

the States are directly responsible for actual operation of the various environmental programs, and the Agency’s activities include 

oversight and assistance. 

In addition to program costs, this account funds administrative 

costs associated with the operating programs of the Agency, including support for executive direction, policy oversight, resources management, general office and building services for program operations, and direct implementation of Agency environmental programs for headquarters, the ten EPA regional offices, and all nonresearch field operations. 

Appropriation enacted, 2012 .............................................................. $2,678,222,000 

Budget estimate, 2013 ....................................................................... 2,817,179,000 

Recommended, 2013 ........................................................................... 2,479,081,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥199,141,000 

Budget estimate, 2013 ................................................................ ¥338,098,000 

The Committee recommends $2,479,081,000 for Environmental 

Programs and Management, $199,141,000 below the fiscal year 

2012 enacted level and $338,098,000 below the budget request. The 

changes to the request, as recommended by the Committee, appear 

in the table at the end of this report. The Committee provides the 

following additional detail by program area: 

Brownfields.—The Committee recommends $23,642,000, equal to 

the fiscal year 2012 enacted level and $2,043,000 below the budget 

request. The Committee has not provided funding for the Smart 

Growth program, a voluntary interagency partnership established 

in 2009 without a Congressional mandate. The Committee maintains the FTE at the fiscal year 2012 enacted level as grants in the 

STAG account have been reduced. 

Clean Air and Climate.—The Committee recommends 

$256,709,000, $29,399,000 below the fiscal year 2012 enacted level 

and $56,486,000 below the budget request. Within the amount provided, the Committee directs the following changes to the request: 

For the Climate Protection Program, the Committee provides 

$84,919,000, which is $14,562,000 below the fiscal year 2012 enacted level and $23,072,000 below the budget request. The Committee provides the following program amounts from within this 

total: (1) $48,063,000 for the Energy Star program; (2) $6,400,000 

for the Greenhouse Gas Registry; and (3) $25,529,000 for voluntary 


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climate protection programs which divert funds away from EPA’s 

core mission responsibilities and often lack a statutory mandate. 

For Federal Stationary Source Regulations, the Committee pro- vides $20,590,000, which is $6,708,000 below the fiscal year 2012 

enacted level and $13,552,000 below the budget request. This 

amount provided does not include funding for the greenhouse gas 

New Source Performance Standards. Further, EPA’s justification 

identifies 70 air toxics rules that need to be under development by 

fiscal year 2013. EPA’s regulatory agenda is out of control and it 

must be tempered. Further, the committee disagrees with the proposal to add 24 new Federal regulators for stationary sources. 

For Federal Support for Air Quality Management, the Committee provides $115,270,000, which is $8,199,000 below the fiscal year 

2012 enacted level and $19,571,000 below the budget request. The 

recommended level includes a $3,100,000 reduction from the budget request to fund EPA’s greenhouse gas stationary source permitting programs at the fiscal year 2011 enacted level. 

Compliance.—The Committee provides $106,707,000, equal to the fiscal year 2012 enacted level and $18,502,000 below the budget request. 

Enforcement.—The Committee recommends $226,555,000, which 

is $23,004,000 below the fiscal year 2012 enacted level and 

$38,887,000 below the budget request. For fiscal year 2013, EPA 

continues to propose increases for the enforcement budget despite 

reductions in the FTE levels. 

Environmental Protection: National Priorities.—The bill provides $15,000,000 for a competitive grant program to provide rural and 

urban communities with technical assistance to improve water 

quality and provide safe drinking water. Of the amount provided, 

$13,000,000 shall be for grants to qualified not-for-profits providing 

training and technical assistance on a national level, or multi-state 

regional basis, and $2,000,000 shall be for grants to qualified notfor-profits to provide technical assistance to private drinking water 

well owners. EPA shall award grants to not-for-profit organizations 

that provide at least a 10 percent match, including in-kind contributions. EPA shall give priority to those organizations that are 

supported by a majority of small community water systems or currently provide assistance to private well owners. The Agency is directed to allocate funds to grantees within 180 days of enactment 

of this Act. 

Geographic Programs.—The Committee recommends 

$346,261,000, which is $63,458,000 below the fiscal year 2012 enacted level and $65,441,000 below the budget request. The Committee has provided funding for programs that support restoration 

and protection of our nation’s most important water bodies, as protection of these resources continues to be a priority for the Committee. From within the amount provided, the Committee directs 

the following changes to the request: 

Great Lakes Restoration Initiative.—The Committee recommends 

$250,000,000 for the Great Lakes Restoration Initiative (GLRI), 

$49,520,000 below the fiscal year 2012 enacted level and 

$50,000,000 below the budget request. The GLRI continues to be 

the largest single recipient of funds within Geographic Programs, 

and restoration of the Great Lakes continues to be a key priority 

for the Committee. EPA may distribute the funds provided among 


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the five focus areas but shall not spend less than the fiscal year 

2012 enacted level for Toxic Substances and Areas of Concern and 

for the Invasive Species focus areas. The Committee directs the 

Agency to provide a revised spending plan for the Great Lakes program that includes funding levels for the five focus areas at the 

same time the Agency submits its Operating Plan. Once submitted, 

changes to the funding amounts for the focus areas are subject to 

a reprogramming threshold of $5,000,000. The Agency is further directed to report quarterly to the Committees on Appropriations on 

changes below the threshold. 

The Committee is pleased with EPA’s recent announcement establishing a non-governmental advisory board to solicit stakeholder 

input in a structured manner. The Committee reminds EPA and its 

Federal agency partners that funds for this initiative are to supplement rather than supplant those funds already being spent on 

Great Lakes programs by the agencies prior to the establishment 

of the initiative. The Committee urges the Agency to review the 

size and scope of its grants to allow for increased dollar levels for 

individual projects that would address the areas of greatest challenge to the long-term health of the ecosystem even if these 

projects would result in an unbalanced distribution of funds 

throughout the Great Lakes States. 

The Nearshore Health and Nonpoint Source Pollution focus area 

under the Great Lakes Restoration Initiative is critical for maintaining healthy communities within the Great Lakes region. The 

Committee directs the EPA and other Federal partners to prioritize 

work surrounding algal bloom control to improve water quality in 

the Great Lakes, particularly within the focus area for Nearshore 

Health and Nonpoint Source Pollution. 

Lastly, the Committee directs EPA and the other Federal partners to prioritize action oriented projects in lieu of additional studies, monitoring and evaluations. Sound science should continue to 

serve as the backbone for all decisions in the Great Lakes; however, the Committee expects to see measurable results from the 

large increases provided over the last few fiscal years. 

Chesapeake Bay.—The Committee recommends $50,000,000 for 

the Chesapeake Bay Program, $7,299,000 below the fiscal year 

2012 enacted level and $22,618,000 below the budget request. From 

within the amount provided, $8,000,000 is for nutrient and sediment removal grants and $2,000,000 is for small watershed grants 

to control polluted runoff from urban, suburban and agricultural 

lands. 

Puget Sound.—The Committee provides $29,952,000, equal to the 

fiscal year 2012 enacted level and $10,663,000 above the budget request. Funds shall be allocated in the same manner as directed in 

House Report 112–331. The Committee directs EPA to expeditiously obligate funds, in a manner consistent with the authority 

and responsibilities under Section 320 and the National Estuary 

Program. 

Community Action for a Renewed Environment (CARE).—Consistent with fiscal year 2012 levels, the Committee provides no 

funding for the CARE program in fiscal year 2013. 

Other Geographic Activities.—The Committee has not provided 

funding for the Northwest Forest program as it lacks demonstrable 

results. 


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Information Exchange/Outreach.—The Committee recommends 

$115,793,000, which is $14,899,000 below the fiscal year 2012 enacted level and $23,611,000 below the budget request. The recommendation provides $43,638,000 for Congressional, Intergovernmental, and External Relations. From within this amount, 

$2,200,000 has been provided for the Administrator’s Immediate 

Office. The bill provides $4,235,000 for the Office of Congressional 

and Intergovernmental Relations, which is $4,000,000 below the 

budget request. The Committee is acutely aware that a backlog of 

responses to Congressional letters, informal questions, and questions for the record exists as Member offices have requested the 

Committee’s assistance to obtain answers. The consistent lack of 

responsiveness to Congressional inquiries has been a pervasive 

concern raised at oversight hearings throughout the year and the 

pattern suggests a systematic approach to hindering Congressional 

oversight. 

International Programs.—The Committee recommends 

$17,604,000, equal to the fiscal year 2012 enacted level and 

$1,530,000 below the budget request. Similarly, all program areas 

have within the amounts provided been maintained at the fiscal 

year 2012 enacted level. 

IT/Data Management/Security.—The Committee recommends 

$93,689,000, which is $1,036,000 below the fiscal year 2012 enacted 

level and $2,072,000 below the budget request. 

Legal/Science/Regulatory/Economic Review.—The Committee 

recommends $89,234,000, which is $21,518,000 below the fiscal 

year 2012 enacted level and $43,218,000 below the budget request. 

The Committee has not included funding for the Smart Growth 

Program and the Promoting a Greener Economy Initiative in fiscal 

year 2013. On average, EPA produces 150 new regulations per year 

and the process for the regulatory development is overseen by the 

Office of Regulatory Policy and Management. EPA’s regulatory 

agenda has had a chilling effect on infrastructure investments and 

the reductions come not only at a critical time for reducing spending but also at a time to reduce the pace of new regulations. 

Operations and Administration.—The Committee recommends 

$473,695,000, which is $13,388,000 below the fiscal year 2012 enacted level and $37,503,000 below the budget request. EPA has the 

flexibility to redirect any funds from rent or utility savings in order 

to meet other identified needs within the recommended level. 

Pesticides Licensing.—The Committee recommends $110,348,000, 

equal to the fiscal year 2012 enacted level and $659,000 below the 

budget request. 

Resource Conservation and Recovery Act.—The Committee recommends $112,469,000, equal to the fiscal year 2012 enacted level 

and $4,829,000 below the budget request. The Committee has not 

provided the $2,000,000 request to develop the e-manifest system. 

The Committee strongly supports efforts to build a cost-effective IT 

system to manage manifest transactions electronically along with 

efforts to provide EPA with the authority to collect user fees to offset the cost to the taxpayer. 

Toxics Risk Review Prevention.—The Committee recommends 

$97,678,000, which is $2,293,000 below the fiscal year 2012 enacted 

level and $11,529,000 below the budget request. The endocrine 

disruptor program is funded at the requested level of $7,238,000. 


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Water: Ecosystems.—The Committee recommends $48,174,000, 

equal to the fiscal year 2012 enacted level and $6,815,000 below 

the budget request. Funding for the National Estuary Program/ 

Coastal Waterways and the Wetlands programs has been maintained at the fiscal year 2012 level. Considering the October 6, 

2011 decision by the Federal District Court for the District of Columbia in NMA v. Jackson which affirmed a ‘‘statutory ceiling’’ for 

EPA’s involvement in the issuance of Section 404 Clean Water Act 

permits, the Committee remains concerned with the backlog of 

mining permits that still need to be approved, particularly in Appalachia. The Committee also remains concerned about the EPA’s development of comprehensive guidance for permitting reviews under 

the CWA and Surface Mining Control and Reclamation Act, which 

has not only circumvented Congressional prerogatives but also unduly hampered States’ statutory role in implementing federally approved permitting programs and caused further delays and hardships in obtaining CWA and SMCRA permits. The Committee 

therefore expects EPA will use the funds provided to accelerate the 

processing of these mining permits with the Corps of Engineers. 

Further, the Committee directs EPA, in consultation with the 

Corps of Engineers, to report quarterly on the number of Section 

404 permits under review including: the date received, the number 

of days each permit has been under review, the ‘‘DA number’’, the 

permittee, the project name, the permit type, geographical information (county and State), and where action was taken on a permit 

the report should include disposition of each permit, and the date 

issued or remanded. 

Water: Human Health Protection.—The Committee recommends 

$96,315,000, which is $4,784,000 below the fiscal year 2012 enacted 

level and $9,000,000 below the budget request. 

Water Quality Protection.—The Committee recommends 

$192,188,000, which is $24,566,000 below the fiscal year 2012 enacted level and $30,973,000 below the budget request. 

Additional Guidance.—The Committee has included the following 

additional guidance with respect to funding provided under this account. 

Administrator Priorities.—The Committee notes that EPA has 

failed to submit the report on Administrator Priorities as directed 

in the fiscal year 2012 Interior, Environment, and Related Agencies 

conference report. The lack of transparency in budgeting is troubling particularly for these funds that lack known performance 

metrics. As such, no funds have been provided in the bill, and EPA 

is directed to submit a report within 90 days of enactment of this 

Act that identifies how any fiscal year 2011 and 2012 funding was 

used, by account, program area, and program project. Each activity 

funded should include a justification for the effort and any anticipated results. 

Aerial Compliance Monitoring.—EPA has indicated that the 

Agency and States have used aerial over-flights as a cost-effective 

tool to verify compliance with environmental laws in impaired watersheds for nearly a decade. The Committee directs EPA to submit 

a report to the House and Senate Committees on Appropriations 

within 180 days of enactment of this Act that identifies by fiscal 

year: the amount of funding spent to contract for aerial overflights, the contractor performing the work, the number of flights 


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performed, and geographical areas (county and State) that the contracted flights surveyed. The report shall include expenditures from 

fiscal year 2003 to fiscal year 2012. The report shall also include 

data that identifies by fiscal year the number of enforcement actions where aerial survey information was utilized as contributing 

evidence, and the outcome of each action. 

Bed Bugs.—The Committee is pleased that EPA has initiated a 

process establishing efficacy standards for conventional pesticides 

that claim to kill or control bed bugs. However, the Committee is 

concerned that EPA has decided not to apply these standards to 

products that fall under Section 25(b) of the Federal Insecticide, 

Fungicide and Rodenticide Act, where the greatest abuse of consumers is occurring. These products have proliferated in the marketplace and many either only kill bed bugs on contact, or do not 

work at all, and do not control bed bug infestations. The Committee 

encourages EPA to apply any efficacy standards that it develops for 

products that claim to kill or control bed bug infestations to all 

products that claim to do so. 

Brown Marmorated Stink Bug.—The Committee continues to encourage EPA’s Office of Chemical Safety and Pollution Prevention 

to work collaboratively with the U.S. Department of Agriculture, 

including the Agricultural Research Service, the National Institute 

of Food and Agriculture, and the Animal and Plant Health Inspection Service, and State partners to expeditiously approve a control 

program for the brown marmorated stink bug as soon as the appropriate agents are evaluated for release. 

Confidential Business Information.—Fundamental improvements 

to the policies and practices of the Office of Pollution Prevention’s 

review and evaluation of confidential business information (CBI) 

claims are necessary to ensure that: legitimate claims for trade secrets and CBI are protected from disclosure; structurally-descriptive generic names are provided in lieu of confidential chemical 

identity; and appropriate health and safety information is still 

made available to the public. The Committee directs that no fiscal 

year 2013 funds shall be used to propose or issue any final rules 

removing existing regulatory provisions addressing claims of confidentiality for chemical identity in health and safety studies under 

the Toxic Substances Control Act. Further, the Committee strongly 

urges EPA to enhance and update its current guidance on the use 

and development of structurally-descriptive generic names to be 

used in lieu of confidential chemical identity. 

Drinking Water Treatment Compliance Flexibility.—The Committee recognizes that EPA’s Long Term 2 Enhanced Water Treatment Rule presents significant costs and technical challenges for 

systems serving fewer than 100,000 persons. When setting the 

compliance schedule, the Committee understands EPA has provided as much flexibility as it could statutorily offer under the Safe 

Drinking Water Act. Nonetheless, the current timeframes present 

significant challenges for communities seeking to annualize the 

capital investment required to implement a number of EPA rulemakings. The Committee directs EPA and the States to work as 

partners with municipalities who are progressing in good faith toward complying with the rule and simply need additional time to 

minimize volatility in water utility rates for rate payers. The Committee directs EPA to convene a working group of Federal, State, 


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and local stakeholders to discuss options for compliance schedules 

and report to the Committee within 180 days of enactment of this 

Act about interim options for ensuring protection of human health 

and the environment under the rule without the use of an enforcement action or an administrative order. 

Emissions Control Area Pilot.—The Committee has included bill 

language in Title IV General Provisions establishing a pilot program for vessels to demonstrate alternative methods to comply 

with international emissions standards. The participating vessel 

owners will report to EPA utilizing simple averaging and weighted 

averaging methodologies to be agreed upon, and including utilization of shore power where available. 

The EPA Administrator will report to the Committees on Appropriations on the effectiveness of the equivalent methods of compliance, the results of the modeling and atmospheric testing, the 

availability of low sulfur fuel, and recommended modifications to 

the next phase of implementation in order to ensure achievement 

of the human health objectives of the International Convention for 

the Prevention of Pollution from Ships, 1973/78 (MARPOL), Annex 

VI, Regulation 4 in as cost-effective manner as possible. 

Exceptional Events.—The Committee is aware that on May 2, 

2011 EPA released its Draft Guidance on the Implementation of the 

Exceptional Rule in order to ‘‘clarify key provisions of the 2007 Exceptional Events Rule to respond to questions and issues that have 

arisen since the rule was promulgated.’’ After receiving comments, 

EPA has not revised its guidance or proposed revisions to a new 

Exceptional Events Rule. The Committee directs EPA to take the 

necessary steps to implement an approach to exclude from air quality data exceedences of air quality standards caused by so-called 

exceptional events, or events that are not reasonably controllable 

or preventable, that maximizes transparency and predictability for 

States, Tribes, and local governments and minimizes the regulatory 

and cost burdens States, Tribes, and local governments bear. Further, EPA is directed to provide a report within 180 days of enactment of this Act that includes by Region the annual number of submitted exceptional event demonstrations as well as the number approved, disapproved, and withdrawn from March 2007 through 

May 2011. 

Endocrine Disruptors.—The Committee recognizes that EPA is 

continuing to extend existing long-term reproduction studies in 

birds, fish, and other species to two- or multi-generation tests for 

the Endocrine Disruptor Screening Program (EDSP). The Committee is also aware that EPA is considering replacing the two-generation mammalian study with an extended one-generation test on 

the basis of an international review of rat reproduction studies that 

shows the lack of utility of a second generation. The Committee directs EPA to maximize the efficiency of each protocol and minimize 

unnecessary costs and animal use by assessing the utility (including sensitivity, specificity and value of information added relative 

to the assessment of endocrine disruption) of each endpoint in the 

study, including specifically the need to produce more than one 

generation of offspring in the bird, fish, and amphibian EDSP Tier 

2 tests and issue a public report on its findings for comment. The 

Committee also directs EPA to determine what information the 

Agency requires to assess and manage potential risks to human 


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health and the environment in regards to endocrine disruption, to 

minimize unnecessary endocrine screening and testing, and to use 

existing scientific data in lieu of requiring new data, when possible. 

The Committee understands that EPA is currently working with 

OECD to develop and modify EDSP methods. EPA should work 

within the framework and timing of the OECD Test Guideline 

work plan to minimize duplicative efforts. 

Navajo Generating Station.—The Committee is aware that, in 

2009, EPA announced its intention to issue a rule for controlling 

emissions from Northern Arizona’s Navajo Generating Station 

(NGS) that could affect visibility in Class I Areas under the Clean 

Air Act (CAA). Since then, EPA has collected information on the 

five statutory factors the CAA requires for determining which technologies constitute the Best Available Retrofit Technology (BART) 

for NGS. EPA previously indicated promulgation of a rule to determine what control technology constitutes BART for NGS was imminent and would be issued early in 2012. Yet, the Administrator testified at the fiscal year 2013 budget hearing that a proposal could 

be expected in ‘‘late summer’’ of 2012. The economic impacts of the 

options being considered could have dramatic impacts on tribal 

stakeholders, the State’s economy, and Arizona water users, with 

even the timing of the proposal being influential to the on-going operation of the Station itself. Given the duration of this process and 

the recent completion of the National Renewable Energy Laboratory study, the Committee urges EPA to issue a proposed rule as 

soon as possible. 

Personnel and Full Time Equivalents.—The Committee remains 

concerned about the distribution of regional FTE to headquarters 

and the Agency is directed to bring the headquarters FTE in line 

with the regional FTE. EPA is also directed to cap its FTE level 

at no more than the fiscal year 2010 level of 16,594, which is consistent with the direction provided in the fiscal year 2012 Interior, 

Environment, and Related Agencies conference report. The Committee believes EPA can achieve this reduction of 515 FTE from 

the budget request with the funding provided. 

Regional Haze.—The Committee appreciates EPA’s recent work 

with States to identify cost-effective solutions to address regional 

haze issues. However, concerns remain about which modeling tools 

and cost estimates are the most appropriate. The Committee believes the process for reviewing State implementation plans would 

be well-served if EPA, States, and industry worked collaboratively 

to ensure that dispersion models are continually improved and updated to ensure the most accurate predictions of visibility impacts, 

as well as a uniform set of cost estimates. The bill includes language directing EPA to initiate an update of its Air Pollution Control Cost Manual, which was last published in 2002. In addition, 

the Committee encourages EPA to work with all stakeholders to establish other methods to ensure accurate estimates of the cost of 

compliance, including the costs of new emissions control technology. The bill also includes language directing EPA to formally 

initiate a necessary dialogue between the Agency, modeling experts, and other stakeholders that may result in updates to EPA’s 

approved modeling techniques. As part of that discussion, the Committee encourages EPA to establish guidelines for how the Agency 


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will analyze future updates of CALPUFF and other dispersion models. 

Reporting of Official Time.—The Committee notes that official 

time authorized by the Agency for labor unions that are the exclusive representative of Agency employees has steadily increased 

from fiscal year 2009 through fiscal year 2011. In light of resource 

constraints, the Committee expects that both official time and the 

associated support are properly managed and efficiently used. The 

Agency shall provide a consolidated report on union official time 

which includes: time and attendance data; salaries and expenses; 

cost estimates for dedicated office space, equipment, information 

technology services, travel and Per Diem for fiscal year 2012 within 

90 days of the end of the fiscal year. In addition, the Agency will 

provide consolidated information concerning the deduction of dues 

and the allotment of those dues to the exclusive representative. 

Further, the report will reflect information on any authorized fulltime union positions. 

Risk Management Plans.—The Committee is troubled by the 

EPA announcement that it intends to make risk management 

plans publicly available via its website, reversing a longstanding 

practice of making those documents available only upon request or 

as a hard copy. The Committee directs EPA to maintain its practice 

of only releasing all Risk Management Plan information pursuant 

to a FOIA request or in EPA reading rooms. 

Rodenticides.—The Committee is aware the proposed cancellation 

of consumer uses of second-generation anticoagulant rodenticides 

could lead to a significant loss in the effectiveness of rodent control. 

Moreover, the Scientific Advisory Panel that raised the aforementioned concerns has also commented that EPA failed to appropriately address the social benefits of these more effective 

rodenticides and the loss therein of these benefits if EPA were to 

cancel the consumer use of second generation anticoagulants. Before taking further cancellation actions, the Committee expects 

EPA will respond to the comments of the Scientific Advisory Panel, 

address relevant concerns with the risk assessment, and more appropriately consider the potential impacts of rodent resistance in 

the United States, the economic and public health consequences of 

the proposed cancellation, and the benefits of having second generation rodenticides available for consumer use as allowable under 

FIFRA. The Committee urges EPA to discontinue the proposed cancellation if the Agency is unable to demonstrate how the risk of 

consumer use of second-generation anticoagulant rodenticides exceeds the benefits. 

Sanitation Infrastructure in Indian Country.—The Committee is 

concerned about the lack of sanitation infrastructure in Indian 

country and Alaska Native Villages. In collaboration with the Indian Health Service and the Bureau of Indian Affairs, the Environmental Protection Agency is directed to report to the Committee on 

a unified strategy across the relevant government agencies to correct these sanitation deficiencies over a 10-year period. EPA shall 

provide this report within six months of enactment of this Act. 

State Role in Clean Air Act Implementation.—It has come to the 

Committee’s attention that the Environmental Protection Agency 

(EPA) has been moving forward with implementation of the Clean 

Air Act in a manner that appears in contravention of the Act’s goal 


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of State primacy in critical air quality decision-making. EPA has 

a statutory requirement to act on submitted State implementation 

plans (SIPs). However, EPA’s delays in the State implementation 

plan approval process have invited lawsuits by nongovernmental 

organizations and resulted in negotiated agreements that yield 

Federal intervention rather than State-driven regulatory outcomes. 

The Committee directs EPA to implement the Clean Air Act in a 

manner that maximizes Congress’ intent for the States to play the 

lead role in relevant air quality regulatory decisions. In addition, 

EPA is directed to provide this Committee, not later than 180 days 

after the date of enactment of this Act, a report that lists, by region, all State implementation plan submittals that are currently 

before EPA, including descriptions of each such submittal and an 

indication for each such submittal as to whether such submittal 

has been before the Agency for longer than the statutory time period for required action. 

TSCA Self-Certification.—The Committee directs the Administrator, in consultation with the Secretary of Transportation, to review the TSCA self-certification process to ensure vessel owners 

are not abusing the process to avoid the costs associated with responsible vessel recycling, and report findings to the Committee 

within 180 days of enactment of this Act. 

OFFICE OF INSPECTOR GENERAL

The Office of Inspector General (OIG) provides audit, evaluation, 

and investigation products and advisory services to improve the 

performance and integrity of EPA programs and operations. The 

Inspector General (IG) will continue to perform the function of IG 

for the Chemical Safety and Hazard Investigation Board. This account funds personnel compensation and benefits, travel, and expenses (excluding rent, utilities, and security costs) for the Office 

of Inspector General. In addition to the funds provided under this 

heading, this account receives funds from the Hazardous Substance 

Superfund account. 

Appropriation enacted, 2012 .............................................................. $41,933,000 

Budget estimate, 2013 ....................................................................... 48,273,000 

Recommended, 2013 ........................................................................... 41,933,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ ¥6,340,000 

The Committee recommends $41,933,000, equal to the fiscal year 

2012 level and $6,340,000 below the budget request. In addition, 

the Committee recommends $9,939,000 as a payment to this account from the Hazardous Substance Superfund account, equal to 

the fiscal year 2012 enacted level. 

The IG is directed to continue to submit quarterly staffing reports to Congress until such time as the Committee informs the Inspector General that the quarterly staffing reports are no longer required. 

The Committee has again included authorization for the EPA IG 

to serve as the IG for the Chemical Safety and Hazard Investigation Board. 


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BUILDINGS AND FACILITIES

The Buildings and Facilities account provides for the design and 

construction of EPA-owned facilities as well as for the repair, extension, alteration, and improvement of facilities used by the Agency. The funds are used to correct unsafe conditions, protect health 

and safety of employees and Agency visitors, and prevent deterioration of structures and equipment. 

Appropriation enacted, 2012 .............................................................. $36,370,000 

Budget estimate, 2013 ....................................................................... 41,969,000 

Recommended, 2013 ........................................................................... 36,370,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ ¥5,599,000 

The Committee recommends $36,370,000, equal to the fiscal year 

2012 enacted level and $5,599,000 below the budget request. The 

Committee supports the proposed projects that will reduce Agency 

operational and rent costs. EPA should prioritize projects based on 

anticipated cost savings and allocate funds accordingly. 

HAZARDOUS SUBSTANCE SUPERFUND

The Hazardous Substance Superfund (Superfund) program was 

established in 1980 by the Comprehensive Environmental Response, Compensation, and Liability Act to clean up emergency 

hazardous materials, spills, and dangerous, uncontrolled, and/or 

abandoned hazardous waste sites. The Superfund Amendments and 

Reauthorization Act (SARA) expanded the program substantially in 

1986, authorizing approximately $8,500,000,000 in revenues over 

five years. In 1990, the Omnibus Budget Reconciliation Act extended the program’s authorization through 1994 for 

$5,100,000,000 with taxing authority through calendar year 1995. 

The Superfund program is operated by EPA subject to annual appropriations from a dedicated trust fund and from general revenues. Enforcement activities are used to identify and induce parties 

responsible for hazardous waste problems to undertake cleanup actions and pay for EPA oversight of those actions. In addition, responsible parties have been required to cover the cost of fund-financed removal and remedial actions undertaken at spills and 

waste sites by Federal and State agencies. Funds are paid from 

this account to the Office of Inspector General and Science and 

Technology accounts for Superfund related activities. 

Appropriation enacted, 2012 .............................................................. $1,213,808,000 

Budget estimate, 2013 ....................................................................... 1,176,431,000 

Recommended, 2013 ........................................................................... 1,164,917,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥48,891,000 

Budget estimate, 2013 ................................................................ ¥11,514,000 

The Committee recommends $1,164,917,000 for the Hazardous 

Substance Superfund program, $48,891,000 below the fiscal year 

2012 enacted level and $11,514,000 below the budget request. The 

changes to the request, as recommended by the Committee, appear 

in the table at the end of this report. The Committee provides the 

following additional detail by program area. 


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Audits, Evaluations, and Investigations.—The Committee recommends $9,939,000, equal to the fiscal year 2012 enacted level 

and $925,000 below the budget request. 

Compliance.—The Committee recommends $1,221,000, equal to the fiscal year 2012 enacted level and $2,000 below the budget request. 

Enforcement.—The Committee has provided $169,408,000, which is $17,327,000 below the fiscal year 2012 enacted level and 

$15,000,000 below the budget request. 

Indoor Air and Radiation.—The Committee recommends 

$2,468,000, equal to the fiscal year 2012 enacted level and 

$169,000 below the budget request. 

Legal/Science/Regulatory/Economic Review.—The Committee 

recommends $1,526,000, equal to the fiscal year 2012 enacted level 

and $106,000 below the budget request. 

Operations and Administration.—The Committee recommends 

$130,758,000, which is $5,000,000 below the fiscal year 2012 enacted level and $9,623,000 below the budget request. 

Superfund Cleanup.—The Committee has provided $769,649,000, which is $26,231,000 below the fiscal year 2012 enacted level and 

$14,434,000 above the budget request. Within this amount the 

Committee has provided $546,771,000 for the Remedial program, 

$15,000,000 above the budget request. The Committee is disappointed that the President’s budget requested deep cuts for the 

Remedial program while proposing marginal reductions or increases for other Superfund line items. The Committee finds this 

to be the wrong distribution of funds for the Superfund account. 

Similarly, the President’s budget proposes to reduce four of the six 

performance metrics for the program including reductions in the 

number of annual ‘‘construction completes’’ and ‘‘sites ready for anticipated reuse.’’ The Committee finds this to be the wrong policy 

for addressing the nation’s most contaminated hazardous waste 

sites. 

Bill Language.—Bill language authorizing transfers to the 

Science and Technology account, and the Office of Inspector General account, has not been included. Such transfer authority is not 

essential to ensuring funding will be allocated for Superfund research and Inspector General reviews. As shown in the table at the 

end of this report, the bill has maintained funding for both Superfund research and for Superfund audits, evaluations, and investigations at the fiscal year 2012 enacted levels. 

Additional Guidance.—The Committee has included the following 

additional guidance with respect to funding provided under this account: 

Financial Assurance.—The Committee is concerned that the promulgation of new financial responsibility requirements pursuant to 

section 108(b) of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)) will 

impose a severe economic burden on industries of the United 

States. Such a result would directly conflict with the President’s 

general principles of regulation as provided in Executive Order No. 

13563 of January 18, 2011, which include ‘‘promoting economic 

growth . . . and job creation’’. The Committee directs the Administrator of the Environmental Protection Agency to complete a thorough analysis of the capacity of the financial and credit markets to 


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provide the necessary instruments (surety bonds, letters of credit, 

insurance, and trusts) for meeting any new financial responsibility 

requirements pursuant to section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9608(b)). Until the Administrator demonstrates that such an 

analysis has been completed, the Committee provides no funds for 

the Environmental Protection Agency to develop, propose, finalize, 

implement, enforce, or administer any regulation that would establish any such new financial responsibility requirements. The Environmental Protection Agency should not, as a matter of policy and 

in this strained economy, impose a new regulatory program on industries of the United States if the financial and credit markets 

cannot serve the demand for additional financial assurance. 

Superfund Special Accounts.—The Committee is encouraged by 

the steps EPA has taken toward the effective centralized management of Superfund special accounts. However, the Committee remains concerned about the pace at which the $1.8 billion in balances residing in Special Accounts is spent. The Committee directs 

EPA to report to the Committees on Appropriations within 120 

days of enactment of this Act on the practical and legal implications of re-prioritizing funds planned for future-year activities 

(such as five year reviews) to cleanup activities addressing human 

health and environmental concerns in the near-term. The report 

should evaluate alternative uses for these funds, including shortterm activities to reduce or eliminate human exposures and 

groundwater migration. 

In addition, the Committee is concerned the special exhibit found 

in Appendix A of the Congressional justification does not provide 

information on the multi-year availability or the geographic use of 

the funds. The Committee directs EPA to incorporate the Superfund special accounts exhibit into the Superfund section of the Congressional justification, add a new table to the exhibit showing the 

available balance at the beginning and end of year, receipts, interest, obligations, reclassifications, and transfers to the Trust fund 

for the prior year, current year, and budget year. EPA should also 

include a separate table that breaks out the prior year data outlined above by EPA region. 

Superfund Alternative Sites.—The Committee continues to direct 

the Agency to report annually, by Region, on the sites using the 

Superfund Alternative Approach Agreements, including intramural 

and extramural costs. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

Subtitle I of the Solid Waste Disposal Act, as amended by the 

Superfund Amendments and Reauthorization Act, authorized the 

establishment of a response program for cleanup of releases from 

leaking underground storage tanks. Owners and operators of facilities with underground tanks must demonstrate financial responsibility and bear initial responsibility for cleanup. The Federal trust 

fund is funded through the imposition of a motor fuel tax of onetenth of a cent per gallon. 

In addition to State resources, the Leaking Underground Storage 

Tanks (LUST) Trust Fund provides funding to clean up sites, enforces necessary corrective actions and recovers costs expended 

from the Fund for cleanup activities. The underground storage 


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tank response program is designed to operate primarily through cooperative agreements with States. Funds are also used for grants 

to non-State entities, including Indian Tribes, under Section 8001 

of the Resource Conservation and Recovery Act. The Energy Policy 

Act of 2005 expanded the authorized activities of the Fund to include the underground storage tank program. In 2006, Congress 

amended section 9508 of the Internal Revenue Code to authorize 

expenditures from the trust fund for prevention and inspection activities. 

Appropriation enacted, 2012 .............................................................. $104,142,000 

Budget estimate, 2013 ....................................................................... 104,117,000 

Recommended, 2013 ........................................................................... 104,117,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥25,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $104,117,000 for the Leaking Underground Storage Tank (LUST) Trust Fund Program, $25,000 

below the fiscal year 2012 enacted level and equal to the budget 

request. 

INLAND OIL SPILL PROGRAMS

This appropriation, authorized by the Federal Water Pollution 

Control Act, as amended by the Oil Pollution Act of 1990, provides 

funds to prepare for and prevent releases of oil and other petroleum products in navigable waterways. In addition, EPA is reimbursed for incident specific response costs through the Oil Spill Liability Trust Fund managed by the United States Coast Guard. 

EPA is responsible for directing all cleanup and removal activities posing a threat to public health and the environment; conducting site inspections; providing a means to achieve cleanup activities by private parties; reviewing containment plans at facilities; reviewing area contingency plans; pursuing cost recovery of 

fund-financed cleanups; and conducting research of oil cleanup 

techniques. Funds for this appropriation are provided through the 

Oil Spill Liability Trust Fund which is composed of fees and collections made through provisions of the Oil Pollution Act of 1990, the 

Comprehensive Oil Pollution Liability and Compensation Act, the 

Deepwater Port Act of 1974, the Outer Continental Shelf Lands Act 

Amendments of 1978, and the Federal Water Pollution Control Act, 

as amended. Pursuant to law, the Trust Fund is managed by the 

United States Coast Guard. 

Appropriation enacted, 2012 .............................................................. $18,245,000 

Budget estimate, 2013 ....................................................................... 23,531,000 

Recommended, 2013 ........................................................................... 18,223,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥22,000 

Budget estimate, 2013 ................................................................ ¥5,308,000 

The Committee recommends $18,223,000 for the Inland Oil Spill 

program, $22,000 below the fiscal year 2012 enacted level and 

$5,308,000 below the budget request. The Committee has not provided additional funds and FTE requested for increased facility inspections under the latest SPCC rule, but recognizes these activities will be a priority within base funds. 


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STATE AND TRIBAL ASSISTANCE GRANTS

The State and Tribal Assistance Grants (STAG) account provides 

grant funds for programs operated primarily by State, local, tribal 

and other governmental partners. The account includes two broad 

types of funds: (1) Infrastructure Assistance, which is used primarily by local governments for projects supporting environmental 

protection; and, (2) Categorical Grants, which assist State and tribal governments and other environmental partners with the operation of environmental programs. The account also includes specific 

program grants such as competitive Brownfields grants and diesel 

emissions reduction grants. 

In the STAG account, EPA provides funding for infrastructure 

projects through two State Revolving Funds (Clean Water and 

Drinking Water), geographic specific projects in Alaskan Native 

Villages and on the United States-Mexico Border, Brownfields revitalization projects, diesel emission reduction grants, and other targeted infrastructure projects. 

The State Revolving Funds (SRFs) provide Federal financial assistance to protect the Nation’s water resources. The Clean Water 

SRF helps eliminate municipal discharge of untreated or inadequately treated pollutants and thereby helps maintain or restore 

the country’s water to a swimmable and/or fishable quality. The 

Clean Water SRF provides resources for municipal, inter-municipal, State, and interstate agencies and tribal governments to plan, 

design, and construct wastewater facilities and other projects, including non-point source, estuary, stormwater, and sewer overflow 

projects. The Safe Drinking Water SRF finances improvements to 

community water systems so that they can achieve compliance with 

the mandates of the Safe Drinking Water Act and continue to protect public health. 

Many of the major Federal environmental statutes include provisions that allow the Federal government, through EPA, to delegate 

to the States and Tribes the day-to-day management of environmental programs or to approve State and Tribal environmental 

programs. The Federal statutes were designed to recognize the 

States as partners and co-regulators, allowing the States to issue 

and enforce permits, carry out inspections and monitoring, and collect data. To assist the States in this task, the statutes also authorized EPA to provide grants to the States and Tribes. These grants, 

which cover every major aspect of environmental protection, include those programs authorized by sections 319 and 106 of the 

Clean Water Act (Federal Water Pollution Control Act, as amended) (for non-point source pollution and the water quality permits 

programs), sections 105 and 103 of the Clean Air Act (for State and 

Local air quality management programs), section 128 of CERCLA 

(for State and tribal response programs), section 1443(a) of the Safe 

Drinking Water Act (for public water system supervision), and section 3011 of RCRA (for the implementation of State hazardous 

waste programs). 

Appropriation enacted, 2012 .............................................................. $3,612,937,000 

Budget estimate, 2013 ....................................................................... 3,355,723,000 

Recommended, 2013 ........................................................................... 2,602,043,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,010,894,000 

Budget estimate, 2013 ................................................................ ¥753,680,000 


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The Committee recommends $2,602,043,000 for the State and 

Tribal Assistance Grants account, $1,010,894,000 below the fiscal 

year 2012 enacted level and $753,680,000 below the budget request. The changes to the request, as recommended by the Committee, appear in the table at the end of this report. The Committee provides the following additional detail by program area: 

Infrastructure Assistance.—For infrastructure assistance, the 

Committee recommends $1,608,000,000, which is $916,124,000 

below the fiscal year 2012 enacted level and $545,291,000 below 

the budget request. 

During calendar year 2009, the Committee provided over $11 billion for water and wastewater infrastructure assistance. Since 

then, the Committee provided an additional $4.87 billion for fiscal 

years 2011 and 2012. As a result, EPA has $2.4 billion in unobligated SRF balances yet to be transferred to States. In addition, the 

States have yet to spend nearly $5 billion that the Federal government has allocated for drinking water and wastewater projects. 

The Committee believes that EPA and the States must aggressively put this $7.4 billion on to projects in order to address the 

pressing infrastructure needs facing the nation. The bill provides 

funding at the fiscal year 2008 enacted levels for the Clean Water 

and Drinking Water State Revolving Funds: $689,000,000 and 

$829,000,000 respectively. 

The Committee continues bill language to allow EPA and the 

States to provide additional forms of subsidy to those communities 

which cannot afford the below market rates provided by an SRF 

loan. These subsidies will apply to 20 to 30 percent of the funds 

appropriated for the SRFs. The Committee has carried forward this 

authority recognizing that many small, rural and/or disadvantaged 

communities do not have the resources to borrow from the SRFs 

with the responsibility to pay back the loan, even with the lower 

interest rate. The Committee directs the Agency to submit a report 

within 180 days of enactment of this Act detailing how EPA and 

the States have used this authority including information on the 

number and amounts of loans awarded with additional subsidization, recipient communities, and descriptions of projects funded. 

The Committee has not included bill language mandating that 

States must use SRF grants for green infrastructure projects. 

While decentralized, alternative infrastructure projects may prove 

to be an important component in the efforts to improve and restore 

our waters, it should not be a mandatory function of the State Revolving Funds. 

Alaska Native Villages.—The Committee has not included funding for this unauthorized grant program in fiscal year 2013 recognizing that low income and disadvantaged communities may apply 

for water and wastewater infrastructure funding through the State 

Revolving Funds. Additional subsidies are available for those communities that may not be able to afford the traditional low-interest 

SRF loans. 

Brownfields Infrastructure Projects.—The Committee has provided $60,000,000 for Brownfields Infrastructure Projects, 

$34,848,000 below the fiscal year 2012 enacted level and 

$33,291,000 below the budget request. The Committee supports the 

continued work of the Brownfields program, but at a reduced rate. 


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Diesel Emissions Reductions Grants (DERA).—The Committee 

maintains funding for DERA grants at $30,000,000, which is 

$48,000 above the fiscal year 2012 enacted level and $15,000,000 

above the budget request. 

U.S.-Mexico Border.—The Committee has not included funding 

for these regional water infrastructure project grants given that 

funding is available for these projects through the Clean and 

Drinking Water State Revolving funds. 

Categorical Grants.—For categorical grants to States and other 

environmental partners for the implementation of delegated programs, the Committee recommends $994,043,000, which is 

$94,770,000 below the fiscal year 2012 enacted level and 

$208,389,000 below the budget request. The changes to the request, 

as recommended by the Committee, appear in the table at the end 

of this report. Further, no funds have been provided for greenhouse 

gas permitting grants, or for the greenhouse gas reporting rule 

under the State and Local Air Quality Management budget line. 

State and Local Air Quality Management Grant Program.—The 

Committee directs EPA to allocate funds for this program using the 

same formula as fiscal year 2012. 

Bill Language.—The Committee recommends the following 

changes to the proposed STAG bill language: 

(1) deletes the green infrastructure requirement for the State 

Revolving Funds; 

(2) deletes the authorization for the United States-Mexico 

Border infrastructure grants; 

(3) deletes the authorization for the Alaska Native Villages 

infrastructure grants; 

(4) sets the additional subsidization requirement for the 

State Revolving Funds between 20 and 30 percent; 

(5) removes a limitation on the amount of Clean Water State 

Revolving Funds that may be available for additional subsidization; and 

(6) deletes the language authorizing additional Section 106 

grants for nutrient reductions. 

Additional Guidance.—The Committee has included the following 

additional guidance with respect to funding provided under this account: 

Brownfields Technical Assistance Centers.—Within the funds provided for State and Tribal Assistance Grants, $2,000,000 is included for the EPA’s Technical Assistance to Brownfields Communities program. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The Committee recommendation continues the language, carried 

in prior years, concerning Tribal Cooperative Authority, the collection and obligation of pesticides fees, and additional transfer authorities for the purposes of implementing the Great Lakes Restoration Initiative. 

The Committee has not included proposed bill language to allow 

EPA to use funds to implement the Community Action for a Renewed Environment (CARE) projects. Funding has not been provided for the CARE program in fiscal year 2013. 


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The Committee has expanded upon the President’s proposal to 

rescind prior year funds. Bill language has been included to rescind 

$130,000,000 from the STAG and Superfund accounts. 

The Committee has included bill language authorizing up to 

$150,000 to be spent for facility repairs at any one time. 

The Committee has increased the authorized cap for Title 42 

slots from 30 to 50. Upon receiving the authority in fiscal year 

2006, EPA was allocated 30 slots and EPA indicates it will fill all 

30 positions by the end of fiscal year 2012. Therefore, the Committee finds that an increase in the cap is warranted. 

Bill language authorizing oil spill transfer authority has not been 

included as the Administration has repeatedly failed to demonstrate why administrative delays in reimbursement from the Oil 

Spill Liability Trust Fund should be a Congressional issue. The Administration’s proposal to eliminate the Congressional reporting requirement further demonstrates that the Administration prefers 

flexibility rather than a resolution to the problem. As such, the 

Committee has no desire to entertain the Administration’s proposal 

for a second year. 

Bill language has not been included authorizing new Energy 

STAR user fees. 

TITLE III—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

The U.S. Forest Service manages 193 million acres of National 

Forests, Grasslands, and a Tallgrass Prairie, including lands in 44 

States and the Commonwealth of Puerto Rico, and cooperates with 

States, other Federal agencies, Tribes and private landowners to 

sustain the Nation’s forests and grasslands. The Forest Service administers a wide variety of programs, including forest and rangeland research, State and private forestry assistance, cooperative 

forest health programs, an international program, National Forest 

System, and wildland fire management. The National Forest System (NFS) includes 155 national forests, 20 National grasslands, 20 

National recreation areas, a National Tallgrass prairie, six National monuments, and six land utilization projects. The NFS is 

managed for multiple uses, beginning with wood, water and forage, 

and expanded under the Multiple Use Sustained Yield Act to include recreation, grazing, fish and wildlife habitat management. 

The Forest Service celebrated its centennial in 2005. 

Health and Vitality of National Forests.—The Committee is deeply concerned about the declining health of our national forests and 

mortality due to insects, disease, and catastrophic wildfire. As a result, the Committee has made active forest management the priority in its recommendations. Numerous scientific studies have 

shown that proactive management results in more resilient forested landscapes that are less susceptible to insects, disease, and 

other threats. The Committee applauds the Forest Service’s document, ‘‘Increasing the Pace of Restoration and Job Creation on Our 

National Forests’’, including the plans to expand collaborative landscape partnerships, improve the efficiency of the planning process 

for restoration projects, and improve implementation and the effiVerDate Mar 15 2010 03:51 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00067 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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ciency of contracts. However, the Committee notes that the Forest 

Service must move more expeditiously than outlined in the document to prevent additional, large-scale forest health problems. The 

Committee encourages the Forest Service to consider innovative 

and creative management solutions including geo-spatial analysis 

to determine the best and most effective means of managing the 

Nation’s forests. 

USDA Administrative Solutions Services Project.—The Committee is concerned by the lack of transparency surrounding the 

Department of Agriculture’s (USDA) Administrative Solutions 

Services Project, also referred to as the Blueprint for Stronger 

Service. The Department has neither consulted with Congress regarding proposed or implemented reorganizations and restructurings nor has the Department submitted appropriate reprogramming requests as required in the report accompanying the fiscal 

year 2012 Omnibus Appropriations Act. The Committee has received disturbing reports from employees across various USDA 

Mission Areas that reveal a lack of analysis of business functions, 

poor data quality, inconsistent approaches between agencies, and 

an absence of cost savings or other efficiencies that justify the radical changes proposed. Therefore, within available funds, the Committee directs the Department of Agriculture to award a grant or 

contract to the National Academy of Public Administration, an 

independent, nonpartisan organization chartered by Congress, to 

conduct an in-depth review of this effort as it affects the Forest 

Service. This review will examine: the basis and case for change; 

the analysis used to generate recommendations; the standards and 

benchmarks used to evaluate the current state; and, the criteria 

used for driving decisions. 

Forest Service Washington and regional offices.—The Committee 

is concerned about the amount of resources devoted to the Forest 

Service’s Washington Office and nine regional offices. The Committee believes that regional offices should carry out the goals of 

the Forest Service Chief instead of creating new initiatives or policies. Additional resources need to be devoted to much-needed 

projects and on-the-ground management of national forests. The 

Committee was extremely dismayed to learn that some national 

forests did not receive an increased allocation from the region even 

with a significant funding increase in a program. In light of limited 

funding, the Committee directs the Forest Service to examine the 

amount of personnel and resources in these offices to identify duplicative functions. The Forest Service should include these findings 

and recommendations in its fiscal year 2014 budget request. 

FOREST AND RANGELAND RESEARCH

Appropriation enacted, 2012 .............................................................. $295,300,000 

Budget estimate, 2013 ....................................................................... 292,796,000 

Recommended, 2013 ........................................................................... 247,796,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥47,504,000 

Budget estimate, 2013 ................................................................ ¥45,000,000 

The Committee recommends $247,796,000 for Forest and Range- land Research, $47,504,000 below the fiscal year 2012 enacted level 

and $45,000,000 below the budget request. 

The Committee is deeply concerned about the Forest and Rangeland Research program noting that many research stations have 


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fixed costs that exceed 90 percent of their budget with no long-term 

plan to remedy this problem. The Committee is also concerned that 

there is a lack of coordination between research stations, the Washington Office, regional offices and national forests. 

Forest Inventory and Analysis.—The Committee recommends 

$71,805,000 for the Forest Inventory and Analysis (FIA) program, 

$5,000,000 above the budget request. The Committee supports the 

proposed consolidation of the FIA program into one line item. The 

Committee finds that State forestry agencies and their cooperators 

are often able to accomplish critical FIA work with equal quality 

at lower costs than the Forest Service. The Forest Service is directed to work with State foresters to identify ways to more efficiently deliver the program in all States, including timely inventory 

updates, and should explore opportunities to work with additional 

State forestry agencies and their cooperators who can accomplish 

necessary field work at lower cost. 

Localized Needs Research.—The fiscal year 2012 Interior, Environment, and Related Agencies conference report specifically directed the Forest Service to expand its localized needs research in 

support of project development on national forests, yet the budget 

request reduces funding of localized needs by $10,000,000. The 

Committee once again directs the Forest Service to expand its localized needs research beyond the fiscal year 2012 enacted level. 

Specifically, the Committee encourages the Forest Service to continue and complete research on the effectiveness of Multiple Indicator Monitoring for measuring bank alteration. The Committee 

also directs additional research on whether Multiple Indicator Monitoring and other bank stability measures are effective in predicting actual harm to fish. 

Wolverine Research.—The Committee strongly supports the research conducted on interactions between wolverines and winter 

recreation use and expects the Forest Service to continue to fund 

robust research on this issue with resources provided under the 

Forest and Rangeland Research program. 

Bighorn Sheep Research.—The management of domestic sheep 

within the range of bighorn sheep on national forests and public 

lands, particularly the possibility of disease transmission and 

spread within bighorn sheep herds, is of major concern to the Committee. 

In fiscal year 2012, the Committee included a one-year moratorium on reductions to domestic sheep grazing due to concerns over 

potential disease transmission. However, the Committee recognizes 

that, over the long term, such decisions by either future Congresses 

or Federal agencies must be guided by the application of sound 

science, both with respect to the biological factors related to the 

pathogens for which bighorns seem to be susceptible, but also to 

the risks of disease transmission between the two species in the 

wild. Such information is vital to both sound decisions by agency 

managers and to a greater public acceptance of those decisions. 

As referenced in the Consolidated and Further Continuing Appropriations Act of 2012, the Appropriations Subcommittees for Agriculture have directed the Agricultural Research Service (ARS) to 

increase its involvement in bighorn sheep disease research. Building on these efforts, the Committee directs the Forest Service to 

work diligently with the ARS in the development of scientifically 


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defensible analyses, specifically on the probability of sufficient contact for pathogen transmission and, if there is transmission, the 

probability of disease and spread of the disease to the herd in the 

wild. The Committee is not convinced that this important step was 

thoroughly addressed in the Payette National Forest’s Final Environmental Impact Statement and Record of Decision announced on 

July 28, 2010 and further directs the Forest Service to cooperate 

fully with the ARS in a review of the risk analysis and assessment 

portions in that decision, with the objective of assuring a more defensible and sound basis for future decisions in other parts of the 

West where there are bighorn and domestic sheep conflicts. The 

Committee directs the Forest Service to brief the Committee on its 

progress every six months. 

STATE AND PRIVATE FORESTRY

Appropriation enacted, 2012 .............................................................. $252,926,000 

Budget estimate, 2013 ....................................................................... 250,730,000 

Recommended, 2013 ........................................................................... 183,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥69,926,000 

Budget estimate, 2013 ................................................................ ¥67,730,000 

The Committee recommends $183,000,000 for State and Private 

Forestry, $69,926,000 below the fiscal year 2012 enacted level and 

$67,730,000 below the budget request. The reduction compared to 

the request is largely due to the recommended reduction in the 

Forest Legacy Program and the shift of cooperative fire protection 

programs to Wildland Fire Management. 

Landscape Scale Restoration.—The Committee is supportive of the new line item and recommends $16,000,000 for Landscape 

Scale Restoration, $2,000,000 below the budget request. The Committee notes that this line item is simply a consolidation of the 

competitive funds within State and Private Forestry. 

Forest Health Management.—The Committee recommends 

$112,000,000 for Forest Health Management, as requested, which 

is $265,000 above the fiscal year 2012 enacted level (including forest health funds under Wildland Fire Management). The Committee is supportive of the transfer of forest health line items from 

Wildland Fire Management to State and Private Forestry, but expects the funding to be allocated in a manner similar to previous 

years. 

Urban and Community Forestry.—The Committee recommends 

$25,000,000 for Urban and Community Forestry, $6,327,000 below 

the fiscal year 2012 enacted level and $3,040,000 below the budget 

request. The Committee supports the urban forest research program through which the Forest Service assists urban communities 

in monitoring and caring for their forests. The Committee directs 

the Forest Service to maintain a vibrant urban forest research program that will assist urban communities in systematically 

inventorying and assessing the changing conditions and health of 

urban forests and plan strategic actions to sustainably maintain 

these urban green spaces. 

International Forestry.—The Committee recommends $6,000,000 

for International Forestry, $1,987,000 below the fiscal year 2012 

enacted level and $2,088,000 above the budget request. International Forestry enables forestry experts from the Federal government to participate in negotiations for trade agreements and assist 


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with forestry work abroad. This program plays a large role in protecting the U.S. forest products industry by improving the sustainability and legality of timber management overseas thereby reducing the amount of underpriced and illegally harvested timber on 

the world market. Much of the funding for these activities is provided by other departments or agencies, including the Department 

of State, the United States Trade Representative, and the U.S. 

Agency for International Development. Though the program is 

funded at a low level, it leverages roughly three dollars for every 

dollar it receives from other funding sources. 

NATIONAL FOREST SYSTEM

Appropriation enacted, 2012 .............................................................. $1,554,137,000 

Budget estimate, 2013 ....................................................................... 1,623,591,000 

Recommended, 2013 ........................................................................... 1,495,484,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥58,653,000 

Budget estimate, 2013 ................................................................ ¥128,107,000 

The Committee recommends $1,495,484,000 for the National Forest System, $58,653,000 below the fiscal year 2012 enacted level 

and $128,107,000 below the budget request. 

The Committee notes that similar to fiscal years 2012 and 2011, 

the budget request included a major restructuring in which several 

programs were combined into a new entity, Integrated Resource 

Restoration (IRR). The Committee has not approved this request 

but will continue the proof of concept pilot established in the fiscal 

year 2012 Interior, Environment, and Related Agencies conference 

report. The Committee is, however, disappointed with the Forest 

Service’s delayed communication on the implementation and 

progress of IRR. The Committee will only continue the pilot if management efficiencies, tangible accomplishments, and accountability 

are demonstrated. 

Planning.—The Committee provides no funding for Planning, $39,936,000 below the fiscal year 2012 level. The Committee does 

not accept the proposed merging of the Planning and Inventory and 

Monitoring line items. 

The Committee has significant concerns about the implementation and cost of the new planning rule. The Committee believes the 

Forest Service has ignored the direction of Congress embodied in 

the National Forest Management Act. The rule places too many 

conflicting requirements on forest plans and will likely lead to increased litigation. The new inventory requirements for invertebrates will very likely cost millions upon millions of dollars and are 

virtually impossible to complete. The Committee could potentially 

support the rule if the eight proposed pilot forest plan revisions 

were successfully completed through the 2012 Planning Rule. 

The Committee retains language in Title IV General Provisions 

allowing forest management plans to expire if the Service has 

made a good faith effort to update plans commensurate with appropriated funds. The Committee modifies this language by allowing 

forest plans to be completed under the 1982 planning rule and allows these plans to be used in place of revised plans that would be 

completed under the 2012 Planning Rule. 

Inventory and Monitoring.—The Committee recommends 

$161,721,000 for Inventory and Monitoring, equal to the fiscal year 


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2012 enacted level. The Committee does not accept the proposed 

merging of this line item with the planning line item. 

The Committee is concerned about the lack of monitoring related 

to livestock grazing allotments and strongly encourages the Forest 

Service to increase both annual and trend monitoring on allotments. The Committee directs the Forest Service to allocate a 

greater portion of monitoring funds for these efforts. The Committee also encourages the Forest Service to work with State agencies, universities, professional societies and other USDA agencies, 

such as the Natural Resource Conservation Service, to efficiently 

increase allotment monitoring. 

The Committee also encourages the Forest Service to improve 

and increase its monitoring of grazing permits in allotments where 

riparian streamside health is a concern for listed or threatened species. The Committee also directs each Forest Service region to increase transparency and reporting on how the limited monitoring 

resources are used on the ground to satisfy monitoring requirements or for other purposes. 

Recreation, Heritage and Wilderness.—The Committee recommends $260,066,000 for Recreation, Heritage and Wilderness, 

$21,110,000 below fiscal year 2012 enacted funding and $7,000,000 

below the budget request. 

Travel Management Plans.—The Committee is concerned about 

travel management plans on some national forests, though it notes 

that many national forests have completed plans with few problems. The Committee has been informed by several communities 

that travel management plans did not properly include public and 

community input and needs. Where communities are dissatisfied 

with travel management plans, the Committee directs the Forest 

Service to revise these plans. 

Eastern Oregon Travel Management Plans.—The Committee 

notes that appropriate first steps have been taken to overhaul 

problematic travel management plans in eastern Oregon but much 

work remains to be done. The Committee strongly encourages the 

Forest Service to include community input in the new plan in addition to emphasizing existing uses important to the public. 

California Travel Management Plans.—Due to specific concerns 

related to all travel management plans in the State of California, 

the Committee includes language in Title IV General Provisions 

prohibiting the implementation of travel management plans in 

California until the agency completes additional analysis to include 

more routes. The language also prevents the agency from designating maintenance level 3 (ML–3) roads as highways. The Committee notes that the California State Patrol has confirmed numerous times that it does not consider ML–3 roads as highways. 

Pittsburg Landing.—The Committee is supportive of legislation 

naming the campground at Pittsburg Landing in the Hells Canyon 

National Recreation Area the Tracy L. Vallier Campground at 

Pittsburg Landing. The Committee urges the appropriate authorizing committees to work with the Forest Service to accomplish this 

goal through an Act of Congress. 

Grazing Management.—The Committee recommends $55,356,000 

for Grazing Management, equal to the fiscal year 2012 enacted 

level and $14,976,000 above the budget request. The Committee 

urges the Forest Service to devote greater resources toward renewVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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ing grazing permits and administering allotments to forest plan 

standards. 

Wallow Fire Area Grazing.—The Committee commends the Forest Service for its work following the Wallow Fire to approve the 

return of approximately seventy percent of permitted livestock to 

affected allotments. The Committee encourages the Forest Service 

to continue forage monitoring and infrastructure repair and replacement, including ensuring proper ‘‘right of way’’ clearances to 

prevent further infrastructure damage related to Wallow Fire impacts, with the goal of returning the remainder of displaced livestock to their proper pasture rotations as soon as possible. 

The Committee includes bill language addressing range management in Title IV (applying to both the Bureau and the Forest Service) including Section 412 which makes permanent the grazing permit renewal general provision allowing permits to be renewed 

under the same terms and conditions if NEPA review has not yet 

been completed. 

Forest Products.—The Committee recommends $342,211,000 for 

Forest Products, $6,700,000 above the fiscal year 2012 enacted 

level. 

The Committee has recommended a two percent increase of funding for Forest Products, Vegetation and Watershed Management, 

and Wildlife and Fish Habitat Management as these programs, in 

addition to the hazardous fuels program under Wildland Fire Management, provide the largest on-the-ground benefit to national forests. The Committee believes these programs are fundamental to 

the health and vitality of our national forests and expects the Forest Service to increase its accomplishments in each line item. 

The Forest Service is currently removing less than ten percent 

of the annual net growth on national forests. This, combined with 

fire suppression policies, has resulted in overcrowded, unhealthy 

forests susceptible to insects, disease and catastrophic wildfire. To 

accomplish the monumental amount of work necessary to improve 

the health of national forests and protect communities from catastrophic wildfires, forest products mills and logging infrastructure, 

where it still exists, must be maintained. These businesses provide 

significant living-wage jobs, many of which operate in rural areas 

with higher levels of unemployment. Further, without this infrastructure, the cost of treating national forests increases dramatically and greatly reduces the amount of acres feasibly treated with 

appropriated dollars. 

The Committee expects the Forest Service to increase vegetative 

and timber management activities to sell not less than three billion 

board feet in fiscal year 2013, with the expectation of increasing 

this target in future fiscal years. This can be accomplished by implementing larger projects and reducing unit costs. 

Region 10 Timber Supply.—The Committee notes that over the 

last ten years the timber supply in Region 10 has been constrained 

to less than ten percent of the allowable sale quantity in the current land management plan. As a result, numerous mills have 

closed. In an effort to restore confidence in the timber supply and 

foster and allow investment in new facilities, the Forest Service 

pledged to prepare and offer four 10-year timber sales each with 

a volume of 150–200 million board feet. The agency recently converted the first two timber sales to smaller stewardship projects. 


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These projects will neither restore confidence, nor will they allow 

investment in new facilities. The Committee directs the Forest 

Service to prepare and offer, within two years, the four 10-year 

timber sales as promised. 

Vegetation and Watershed Management.—The Committee recommends $187,646,000 for Vegetation and Watershed Management, $3,600,000 above the fiscal year 2012 enacted level. 

Wildlife and Fish Habitat Management.—The Committee recommends $142,736,000 for Wildlife and Fish Habitat Management, 

$2,700,000 above the fiscal year 2012 enacted level. The Committee 

directs the Service to increase monitoring of threatened and endangered fish and their habitat, especially in grazing allotments, and 

expects funding from this program to be allocated for this purpose. 

Collaborative Forest Landscape Restoration Fund.—The Committee recommends $40,000,000, for the Collaborative Forest Landscape Restoration Fund (CFLR), as requested, $64,000 above the 

fiscal year 2012 enacted level. The Committee has been supportive 

of the CFLR program in the past but is concerned about the 

lengthy time frame to implement projects and achieve positive outcomes. The Committee directs the Forest Service to report to the 

Committee within 60 days of enactment of this Act on the implementation of CFLR-funded projects and the outcomes of those 

projects to date. The report should include performance measures 

as described in the CFLR 2011 Annual Report accomplishment 

form available on the Forest Service’s website. 

Bill Language.—The Committee includes language in Title IV 

General Provisions including: (1) Section 426 extending the HergerFeinstein Quincy Library Group for one year; (2) Section 427 extending the ‘Good Neighbor Cooperative Conservation Authority’ to 

all Western States for five years; (3) Section 428 directing the Forest Service to identify three acres for small communities to build 

a fire station; (4) Section 429 extending cost recovery authorities 

for the Forest Service regarding special uses; (5) Section 430 

streamlining the administration of interpretative associations by 

the Forest Service; (6) Section 432 allowing designation by description and prescription for forest management; (7) Section 437 clarifying notice, comment, and appeals for categorical exclusions; and, 

(8) Section 438 prohibiting the use of appropriated funds to close 

areas open to recreational hunting and shooting as of January 1, 

2012. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2012 .............................................................. $394,089,000 

Budget estimate, 2013 ....................................................................... 346,379,000 

Recommended, 2013 ........................................................................... 356,086,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥38,003,000 

Budget estimate, 2013 ................................................................ +9,707,000 

The Committee recommends $356,086,000 for Capital Improve- ment and Maintenance, $38,003,000 below the fiscal year 2012 enacted level and $9,707,000 above the budget request. 

Facilities Maintenance and Capital Improvement.—The Committee recommends $49,463,000 for Facilities Maintenance and 


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Capital Improvement, $26,201,000 below the fiscal year 2012 enacted level and $50,000,000 below the budget request. 

Road Maintenance and Construction.—The Committee recommends $182,525,000 for Road Maintenance and Construction, 

equal to the fiscal year 2012 enacted level and $24,707,000 above 

the budget request. Specifically, the Committee recommends 

$147,812,000 for road maintenance and $34,713,000 for road construction. 

The Committee realizes the Forest Service has limited funds 

compared to its road infrastructure needs and encourages the use 

of stewardship contracts and other combined projects (for example 

improving forest health and maintaining or reconstructing roads) 

to accomplish more work with less funding. 

Legacy Road and Trail Remediation.—The Committee recommends $35,000,000 for Legacy Road and Trail Remediation, 

$9,928,000 below the fiscal year 2012 enacted level. 

Bill Language.—The Committee includes language in Title IV 

General Provisions clarifying the role of forest roads in silvicultural 

operations as it relates to the Federal Water Pollution Control Act. 

LAND ACQUISITION

Appropriation enacted, 2012 .............................................................. $52,521,000 

Budget estimate, 2013 ....................................................................... 57,934,000 

Recommended, 2013 ........................................................................... 16,494,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥36,027,000 

Budget estimate, 2013 ................................................................ ¥41,440,000 

The Committee recommends $16,494,000 for Land Acquisition, 

$36,027,000 below the fiscal year 2012 enacted level and 

$41,440,000 below the budget request. The amounts recommended 

by the Committee compared with the budget estimates by activity 

are shown in the table at the end of this report. Funds for priority 

recreational access do not have to be cost-shared and are not to be 

capped at $250,000. The Committee has included language in the 

front of this report regarding Land and Water Conservation Fund 

programs. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

Appropriation enacted, 2012 .............................................................. $953,000 

Budget estimate, 2013 ....................................................................... 955,000 

Recommended, 2013 ........................................................................... 955,000 

Comparison: 

Appropriation, 2012 .................................................................... +2,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $955,000 for Acquisition of Lands 

for National Forests Special Acts, as requested, and $2,000 above 

the fiscal year 2012 enacted level. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

Appropriation enacted, 2012 .............................................................. $227,000 

Budget estimate, 2013 ....................................................................... 227,000 

Recommended, 2013 ........................................................................... 227,000 

Comparison: 

Appropriation, 2012 .................................................................... 0 

Budget estimate, 2013 ................................................................ 0 


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The Committee recommends $227,000, as requested, for Acquisition of Lands to Complete Land Exchanges under the Act of December 4, 1967 (16 U.S.C. 484a). Under the Act, deposits made by 

public school districts or public school authorities to provide for 

cash equalization of certain land exchanges can be appropriated to 

acquire similar lands suitable for national forest system purposes 

in the same State as the national forest lands conveyed in the exchanges. 

RANGE BETTERMENT FUND

Appropriation enacted, 2012 .............................................................. $3,257,000 

Budget estimate, 2013 ....................................................................... 2,360,000 

Recommended, 2013 ........................................................................... 2,360,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥897,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $2,360,000, as requested, for the 

Range Betterment Fund, to be derived from grazing receipts from 

national forests (Public Law 94–579) and to be used for range rehabilitation, protection, and improvements including seeding, reseeding, fence construction, weed control, water development, and fish 

and wildlife habitat enhancement in 16 western States. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

Appropriation enacted, 2012 .............................................................. $45,000 

Budget estimate, 2013 ....................................................................... 46,000 

Recommended, 2013 ........................................................................... 46,000 

Comparison: 

Appropriation, 2012 .................................................................... +1,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $46,000 for Gifts, Donations and Bequests for Forest and Rangeland Research, as requested, $1,000 

above the fiscal year 2012 enacted level. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

Appropriation enacted, 2012 .............................................................. $2,573,000 

Budget estimate, 2013 ....................................................................... 0 

Recommended, 2013 ........................................................................... 2,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥573,000 

Budget estimate, 2013 ................................................................ +2,000,000 

The Committee recommends $2,000,000 for the Management of 

National Forest Lands for Subsistence Uses in Alaska and does not 

support the proposed transfer of this program to the National Forest System. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

Appropriation enacted, 2012 .............................................................. $1,734,851,000 

Budget estimate, 2013 ....................................................................... 1,971,394,000 

Recommended, 2013 ........................................................................... 2,072,799,000 

Comparison: 

Appropriation, 2012 .................................................................... +337,948,000 

Budget estimate, 2013 ................................................................ +101,405,000 


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The Committee recommends $2,072,799,000 for Wildland Fire 

Management, $337,948,000 above the fiscal year 2012 enacted level 

and $101,405,000 above the budget request. The Committee’s recommendation, combined with $315,000,000 recommended in the 

FLAME wildfire suppression reserve account, fully funds the 10- 

year fire suppression average expenditures. The Committee notes 

that the increase in appropriations compared to fiscal year 2012 is 

due to: (1) the use of $240,000,000 in emergency carry-over suppression dollars in fiscal year 2012 to offset appropriations; and, (2) 

the fiscal year 2013 request’s shift of $76,000,000 from Wildland 

Fire Management to the National Forest System, which was not 

approved by the Committee. 

Wildfire Preparedness.—The Committee recommends 

$1,001,513,000 for Wildfire Preparedness, as requested, $2,929,000 

below the fiscal year 2012 enacted level. 

Wildfire Suppression Operations.—The Committee recommends 

$616,000,000 for Wildfire Suppression Operations, as requested, 

$77,758,000 above the fiscal year 2012 enacted level. The Committee recommendation fully meets the 10-year average expenditure on all emergency and discretionary funded suppression actions. 

Hazardous Fuels.—The Committee recommends $345,005,000 for 

hazardous fuels reduction, $27,929,000 above the fiscal year 2012 

enacted level and $103,405,000 above the budget request. The recommendation also includes $5,000,000 for biomass utilization 

grants. 

The Committee again directs the Forest Service to focus hazardous fuels reduction dollars based on areas with the greatest 

need, as determined by land managers, instead of percentages of 

acres treated in the Wildland Urban Interface. 

The Committee also strongly encourages the Forest Service to 

focus on Fire Regime Condition Class II and III areas. These areas 

are the most prone to catastrophic fire and many times require mechanical thinning followed by prescribed burns. The Committee realizes much of this work is more expensive than prescribed burning 

alone, but encourages the Forest Service to leverage hazardous 

fuels dollars by combining projects and using tools such as stewardship contracting and timber sales. 

State Fire Assistance.—The Committee recommends $72,688,000 

for State Fire Assistance, as requested, $13,275,000 below the fiscal year 2012 enacted level (including State Fire Assistance funds 

under State and Private Forestry). The Committee supports the 

proposed consolidation of the program under Wildland Fire Management and directs the Forest Service to allocate funds in a way 

that meets the regional resource needs for hazard mitigation and 

preparedness as determined in consultation with State foresters. 

Volunteer Fire Assistance.—The Committee recommends 

$11,733,000 for Volunteer Fire Assistance, as requested, $1,292,000 

below the fiscal year 2012 enacted level (including Volunteer Fire 

Assistance funds under State and Private Forestry). The Committee supports the proposed consolidation of the program under 

Wildland Fire Management and directs the Forest Service to allocate funds in a way that meets the rural firefighting resource 

needs as determined in consultation with State foresters. 


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Timely Delivery of Critical Reports.—In the wake of the tragic 

Station Fire in Southern California, it is necessary to ensure that 

the Forest Service’s firefighting policies provide the most effective 

initial response possible, particularly for forests close to urban 

areas. The Committee remains concerned that the Forest Service 

has not produced two critical documents in a timely fashion. The 

Forest Service is strongly encouraged to provide the results of the 

nationwide assessment of the agency’s night flying operations (both 

the helicopter portion and fixed-wing portion) within 90 days of enactment of this Act. The Forest Service is also strongly encouraged 

to release the third and final phase of the cohesive wildland fire 

strategy, as required by the FLAME Act, that includes critical components of that strategy such as considering potential approaches 

for addressing the growing wildfire threat, estimating the costs of 

each approach, and identifying trade-offs—within 180 days of enactment of this Act. 

Wildland Firefighting.—The Committee encourages the Forest 

Service to thoroughly evaluate the impact of crew size on operational efficacies and firefighter safety with respect to wildland 

firefighting operations. The Forest Service should report its findings to the Committee. 

Federal Coordination with State and Local Fire Managers.—The 

Committee is aware that the facility housing the Forest Service’s 

Southern California Geographical Coordination Center has been 

condemned and that it houses a number of fire emergency managers, including the California Department of Forestry and Fire 

Protection (CAL FIRE). The Committee recognizes the importance 

of close Federal coordination with State and local fire managers 

when fighting wildland fire and the significant role collocation of 

fire emergency managers can play in facilitating this coordination. 

The Committee notes that CAL FIRE has expressed its desire to 

continue this collocation within the new Southern California Geographical Coordination Center. The Committee encourages the Forest Service to continue working with CAL FIRE to collocate their 

operations at the new Southern California Geographical Coordination Center. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

Appropriation enacted, 2012 .............................................................. $315,381,000 

Budget estimate, 2013 ....................................................................... 315,000,000 

Recommended, 2013 ........................................................................... 315,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥381,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $315,000,000 for the FLAME Wildfire Suppression Reserve Fund, as requested, $381,000 below the 

fiscal year 2012 enacted level. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

The Committee has continued all administrative provisions included in the fiscal year 2012 Omnibus Appropriations Act. 


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The Committee has corrected a citation to the Volunteers in the 

National Forest Act. 

The Committee has included new language limiting funds available to the Forest Service for cost pools 1–5. 

The Committee has made language regarding the National Forest Foundation and interest earned from Federal funds permanent. 

This provision was included to clarify the intent of Congress in the 

fiscal year 2002 Interior, Environment, and Related Agencies Appropriations Act where this provision was made permanent, but 

subsequently never removed from Administrative Provisions. 

Forest Service Cost Pools.—A decade ago, the Committee agreed 

to the use of cost pools to fund Forest Service administrative activities as a mechanism to facilitate and simplify financial accounting. 

At that time, the Committee required that the Service summarize 

in its annual budget justifications planned indirect expenditures 

from the cost pools to the region, station, area, and detached unit 

office (RSA) level. This requirement is found at 16 U.S.C. 579d. Additionally, the Committee has included a general provision annually for each year since fiscal year 2004 requiring disclosure of estimated overhead charges, deductions, reserves and holdbacks from 

programs, projects, activities and subactivities. The Committee is 

concerned about non-compliance with these disclosure requirements. While the Service’s budget justifications do show the source 

of the cost pool funds by budget line item, no information is provided on the amounts in each cost pool or the distribution of those 

funds to the RSA level, as required by law. The budget justifications also lack detailed information explaining how the cost pool 

amounts were derived or the activities and number of personnel 

they support. 

The Forest Service is directed to include tables in the fiscal year 

2014 and future budget justifications that clearly display the 

source of funding for each cost pool by budget line item, the 

amount for each cost pool, and direct and indirect expenditures 

from each cost pool by RSA. The prior, current, and future budget 

years should be shown for each table. In addition to tabular material, the Forest Service should explain, in detail, the activities and 

FTEs supported by each cost pool. Changes from the current year 

to the budget year should be explained in the same level of detail 

as contained in the appropriation accounts sections of the Forest 

Service budget justification. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

The provision of Federal health services to Indians is based on 

a relationship between Indian Tribes and the U.S. Government 

first set forth in the 1830s by the U.S. Supreme Court under Chief 

Justice John Marshall. Numerous treaties, statutes, constitutional 

provisions, and international law have reconfirmed this relationship. Principal among these is the Snyder Act of 1921, which provides the basic authority for most Indian health services provided 

by the Federal Government to American Indians and Alaska Natives. The Indian Health Service (IHS) provides direct health care 

services in 29 hospitals, 66 health centers, two school health centers, and 41 health stations. Tribes and tribal groups, through conVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00079 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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tracts and compacts with the IHS, operate 16 hospitals, 254 health 

centers, 4 school health centers, and 74 health stations (including 

166 Alaska Native village clinics). 

INDIAN HEALTH SERVICES

Appropriation enacted, 2012 .............................................................. $3,866,181,000 

Budget estimate, 2013 ....................................................................... 3,978,974,000 

Recommended, 2013 ........................................................................... 4,049,612,000 

Comparison: 

Appropriation, 2012 .................................................................... +183,431,000 

Budget estimate, 2013 ................................................................ +70,638,000 

The Committee recommends $4,049,612,000 for Indian Health 

Services, $183,431,000 above the fiscal year 2012 enacted level and 

$70,638,000 above the budget request. The amounts recommended 

by the Committee compared with the budget estimates by activity 

are shown in the table at the end of this report. Except as otherwise indicated below, the Committee expects the Indian Health 

Service to implement its fiscal year 2013 budget in accordance with 

its budget justification. 

Staffing costs for new and expanded health care facilities.—The 

Committee recommends $48,418,000 for staffing costs for new and 

expanded health care facilities, $3,638,000 above the budget request. Funds are limited to facilities funded through the Health 

Care Facilities Construction Priority System or the Joint Venture 

Construction Program that are newly opened in fiscal year 2012 or 

that open in fiscal year 2013. None of the funds may be allocated 

to a facility until such facility has achieved beneficial occupancy 

status. 

Hospitals and Health Clinics.—The Committee recommends 

$1,851,448,000 for Hospitals and Health Clinics, $40,482,000 above 

the fiscal year 2012 enacted level and $2,138,000 above the budget 

request. The bill includes a decrease of $1,500,000 below the budget request for health information technology and an increase of 

$3,638,000 above the budget request for staffing costs for new and 

expanded health care facilities, as described above. 

Dental Health.—The Committee recommends $166,597,000 for 

Dental Health, $7,157,000 above the fiscal year 2012 enacted level 

and $300,000 above the budget request. The increase above the 

budget request is for staffing in support of the Early Childhood 

Caries initiative. 

The Committee supports the Administration’s request of 

$1,000,000 for the electronic dental record system. The continued 

funding has allowed the Dental Division to complete implementation at 118 of the 230 Federal and Tribal dental sites. The Committee strongly encourages the Service to continue to press forward 

with this program and, if possible, to accelerate implementation to 

the remaining dental programs. 

The Committee is pleased that dental vacancies have dropped 

from 140 in fiscal year 2009 to 30 in fiscal year 2012. However, an 

improving economy could negatively impact recruitment. The Committee, therefore, directs the Indian Health Service to issue a report regarding the use of direct hire authority, and addressing the 

following questions: (1) how various divisions within the Indian 

Health Service use this authority and to what extent there is a discrepancy between divisions; and (2) how the Division of Oral 


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Health can have the same direct hire authority as other health disciplines in order to enhance future recruitments. 

Contract Health Services.—The Committee recommends that the 

Service consider proposing a new name for this program in the fiscal year 2014 budget request in order to be more clear and consistent with the program’s activities. The Committee directs the Indian Health Service to implement the recommendations of the Government Accountability Office (GAO–12–446) in order to ensure equitable allocation of resources for the Contract Health Services program. 

Urban Indian Health.—The Committee recommends $45,488,000 

for Urban Indian Health, $2,504,000 above the fiscal year 2012 enacted level and $2,500,000 above the budget request. 

Indian Health Professions.—The Committee recommends 

$41,598,000 for Indian Health Professions, $1,002,000 above the 

fiscal year 2012 enacted level and $1,000,000 above the budget request. The increase above the budget request is for the loan repayment program. 

Direct Operations.—The Committee recommends $67,567,000 for 

Direct Operations, $4,086,000 below the fiscal year 2012 enacted 

level and $5,300,000 below the budget request. The decrease below 

the budget request is from Headquarters operations. 

The Committee is aware of the departures of approximately 25 

senior staff during the past two years. The continued loss of welltrained and experienced agency leaders represents a serious threat 

to the agency’s corporate knowledge, ongoing ability to manage programs and resources, and ability to be responsive to Tribes and 

Federal accountability requirements in a timely and credible manner. The Committee directs the Service to provide a report within 

30 days of enactment of this Act: (1) detailing the number and position of senior personnel that have left the agency within the past 

two years and how many of these positions remain unfilled to date; 

(2) describing whether and how the Service is allocating funds that 

would have otherwise been spent on the salaries and expenses related to these positions; and (3) describing the steps the agency has 

taken to identify and address the underlying conditions that created this trend, in order to shore up its public health and administrative infrastructure with highly qualified and experienced replacements. 

Contract Support Costs.—The Committee recommends 

$546,446,000 for Contract Support Costs, $75,009,000 above the fiscal year 2012 enacted level and $70,000,000 above the budget request. With this increase, the Committee is attempting to fund the 

projected shortfall so the Federal government can meet its contractual obligations. The Committee directs the Service to work with 

Tribes and tribal organizations to explore options for improving the 

transparency of current year contract support cost information, and 

to report back to the Committee within 90 days of enactment of 

this Act. 

Health Research.—The Committee is concerned by the continued 

disparity of the health status of American Indians and Alaska Natives (AI/ANs) compared to the general U.S. population. The Committee recognizes that identifying successful strategies for reducing 

these disparities depends on monitoring ongoing health trends. 

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en behind in tracking the health status and treatment needs of AI/ 

ANs. The Service’s last Trends in Indian Health and Regional Difference in Indian Health report was based on data gathered for the 

2002–2003 edition. In addition, supplemental reports targeting specific health issues have been discontinued. The last vision survey 

was completed in 1994; obstetrics in 1996; and oral health in 1999. 

Examining the prevalence of emerging issues like the incidence of 

HIV/AIDS, teen suicide outbreaks, disparities plaguing AI/AN 

males, and drug overdoses and alcohol abuse are vital for developing policies and programs that ensure adequate health care for 

all AI/ANs. The Committee strongly urges the Service to reinstate 

ongoing and timely monitoring of health trends as a means for the 

Service and Tribes to better target resources to improve the health 

status and eliminate the health disparities of AI/ANs. 

INDIAN HEALTH FACILITIES

Appropriation enacted, 2012 .............................................................. $440,346,000 

Budget estimate, 2013 ....................................................................... 443,502,000 

Recommended, 2013 ........................................................................... 443,864,000 

Comparison: 

Appropriation, 2012 .................................................................... +3,518,000 

Budget estimate, 2013 ................................................................ +362,000 

The Committee recommends $443,864,000 for Indian Health Facilities, $3,518,000 above the fiscal year 2012 enacted level and 

$362,000 above the budget request. The amounts recommended by 

the Committee compared with the budget estimates by activity are 

shown in the table at the end of this report. Except as otherwise 

indicated below, the Committee expects the Indian Health Service 

to implement its fiscal year 2013 budget in accordance with its 

budget justification. 

Facilities and Environmental Health Support.—The Committee 

recommends $204,741,000 for Facilities and Environmental Health 

Support, $5,328,000 above the fiscal year 2012 enacted level and 

$362,000 above the budget request. The increase above the budget 

request is for staffing costs for new and expanded health care facilities. These funds are subject to the same limitations as described earlier in this report under the Indian Health Services account. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The National Institute of Environmental Health Sciences 

(NIEHS), an agency within the National Institutes of Health, was 

authorized in section 311(a) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 and in section 

126(g) of the Superfund Amendments and Reauthorization Act of 

1986 to conduct certain research and worker training activities associated with the nation’s Hazardous Substance Superfund program. 

Appropriation enacted, 2012 .............................................................. $78,928,000 

Budget estimate, 2013 ....................................................................... 78,928,000 

Recommended, 2013 ........................................................................... 74,928,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥4,000,000 

Budget estimate, 2013 ................................................................ ¥4,000,000 


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The Committee recommends $74,928,000 for the National Institute of Environmental Health Sciences, $4,000,000 below both the 

fiscal year 2012 enacted level and the budget request. The Committee remains highly supportive of NIEHS’ worker training program and notes the program trained 143,000 workers last year, 

teaching those participants how to reduce the risks of exposure to 

hazardous materials. This program has been offered to workers for 

years at no charge wherein many other governmental training programs include a course fee. The Committee directs NIEHS to explore the feasibility of incorporating a nominal fee to recoup administrative or other costs associated with the worker training program. NIEHS should include a report that summarizes findings 

and recommendations with the fiscal year 2014 budget request. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The Agency for Toxic Substances and Disease Registry (ATSDR), 

an agency in the Department of Health and Human Services, was 

created in section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. The 

Agency’s mission is to serve the public through responsive public 

health actions to promote healthy and safe environments and prevent harmful toxic exposures. ATSDR assesses hazardous exposures in communities near toxic waste sites and advises the Environmental Protection Agency (EPA) and other government agencies, community groups and industry partners on actions needed to 

protect people’s health. In addition, ATSDR conducts toxicological 

and applied research to support environmental assessments, supports health surveillance systems and registries, develops and disseminates information on hazardous substances, provides education 

and training on hazardous exposures, and responds to environmental emergencies. Through a national network of scientists and 

public health practitioners in State health departments, regional 

EPA offices and headquarters, ATSDR has been in the front ranks 

in protecting people from acute toxic exposures that occur from 

hazardous leaks and spills, environment-related poisonings, and 

natural and terrorism-related disasters. 

Appropriation enacted, 2012 .............................................................. $76,215,000 

Budget estimate, 2013 ....................................................................... 76,300,000 

Recommended, 2013 ........................................................................... 74,039,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥2,176,000 

Budget estimate, 2013 ................................................................ ¥2,261,000 

The Committee recommends $74,039,000 for the Agency for Toxic 

Substances and Disease Registry (ATSDR), $2,176,000 below the 

fiscal year 2012 enacted level and $2,261,000 below the budget request. 

Within the funds provided, $2,000,000 has been included to continue the important epidemiological studies of health conditions 

caused by exposures to uranium released from mining and milling 

operations in the Navajo Nation. 


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OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

The Council on Environmental Quality (CEQ) was established by 

Congress under the National Environmental Policy Act of 1969 

(NEPA). The Office of Environmental Quality (OEQ), which provides professional and administrative staff for the Council, was established in the Environmental Quality Improvement Act of 1970. 

The Council on Environmental Quality has statutory responsibility 

for overseeing Federal agency implementation of the requirements 

of NEPA. CEQ also assists in coordinating environmental programs 

among the Federal agencies in the Executive Branch. 

Appropriation enacted, 2012 .............................................................. $3,148,000 

Budget estimate, 2013 ....................................................................... 3,106,000 

Recommended, 2013 ........................................................................... 2,661,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥487,000 

Budget estimate, 2013 ................................................................ ¥445,000 

The Committee recommends $2,661,000 for the Council on Environmental Quality and Office of Environmental Quality, $487,000 

below the fiscal year 2012 enacted level and $445,000 below the 

budget request. Commensurate with the appropriation, the authorized level for CEQ FTE is capped at 19, equivalent to the fiscal 

year 2006 utilization level. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $11,129,000 

Budget estimate, 2013 ....................................................................... 11,403,000 

Recommended, 2013 ........................................................................... 10,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,129,000 

Budget estimate, 2013 ................................................................ ¥1,403,000 

The Committee recommends $10,000,000 for Salaries and Expenses of the Chemical Safety and Hazard Investigation Board (the 

Board), which is $1,129,000 below the fiscal year 2012 enacted 

level and $1,403,000 below the budget request. 

Bill Language.—The Committee continues to carry language, as 

in prior years, authorizing the EPA Inspector General to act as the 

Inspector General for the Board. The Committee has not provided 

funds to be transferred to the EPA IG who reports sufficient existing funding to cover these responsibilities. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The Office of Navajo and Hopi Indian Relocation was established 

by Public Law 93–531 to plan and conduct relocation activities associated with the settlement of a land dispute between the Navajo 

Nation and the Hopi Tribe. 


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Appropriation enacted, 2012 .............................................................. $7,738,000 

Budget estimate, 2013 ....................................................................... 8,400,000 

Recommended, 2013 ........................................................................... 7,600,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥138,000 

Budget estimate, 2013 ................................................................ ¥800,000 

The Committee recommends $7,600,000 for Salaries and Expenses of the Office of Navajo and Hopi Indian Relocation, 

$138,000 below the fiscal year 2012 enacted level and $800,000 

below the budget request. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

Appropriation enacted, 2012 .............................................................. $8,519,000 

Budget estimate, 2013 ....................................................................... 9,369,000 

Recommended, 2013 ........................................................................... 8,348,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥171,000 

Budget estimate, 2013 ................................................................ ¥1,021,000 

The Committee recommends $8,348,000 for the Institute of 

American Indian and Alaska Native Culture and Arts Development, $171,000 below the fiscal year 2012 enacted level and 

$1,021,000 below the budget request. 

SMITHSONIAN INSTITUTION

The Smithsonian Institution is the world’s largest museum and 

research complex, with 19 museums and galleries, numerous research centers, a library, archives, and the National Zoological 

Park. Funded by both private and Federal sources, the Smithsonian is unique in the Federal establishment. Created by an Act of 

Congress in 1846 to carry out the trust included in James 

Smithson’s will, it has been engaged for 165 years in the ‘‘increase 

and diffusion of knowledge.’’ In 2011, the Smithsonian attracted 

nearly 30 million visitors to its museums, galleries, and zoological 

park. Additional millions also view Smithsonian traveling exhibitions and participate in the annual Folklife Festival on the National Mall. As custodian of the National Collections, the Smithsonian is responsible for more than 137 million art objects, natural 

history specimens, and artifacts. These scientific and cultural collections are a vital resource for global research and conservation efforts. The collections are displayed for the enjoyment and education 

of visitors and are available for research by the staff of the Institution and by thousands of visiting students, scientists, and historians each year. 

The amounts recommended by the Committee for the Smithsonian Institution, compared with the budget estimates by activity, 

are shown in the table at the end of this report. 

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $635,512,000 

Budget estimate, 2013 ....................................................................... 660,333,000 

Recommended, 2013 ........................................................................... 643,634,000 

Comparison: 

Appropriation, 2012 .................................................................... +8,122,000 

Budget estimate, 2013 ................................................................ ¥16,699,000 


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The Committee recommends $643,634,000 for Salaries and Expenses of the Smithsonian Institution, $8,122,000 above the fiscal 

year 2012 enacted level and $16,699,000 below the budget request. 

Additional Guidance.—The following additional direction and 

guidance is provided with respect to funding provided within this 

account: 

Collections Care.—The Committee maintains its longstanding 

commitment to the preservation of Smithsonian Institution collections and has included, as requested, $1,400,000 for the Collections 

Care Initiative. The Committee urges the Smithsonian to continue 

placing a high priority on the preservation of these priceless, irreplaceable historical collections. 

Exhibit Maintenance.—The Committee has provided requested 

funding for exhibit maintenance and critical collections needs at 

the National Air and Space Museum ($100,000), the National Museum of Natural History ($130,000), and the National Museum of 

American History ($100,000) which remain among the most highly 

visited Smithsonian sites. 

National Museum of African American History and Culture.— The Committee maintains its support for the National Museum of 

African American History and Culture (NMAAHC) and has included $5,550,000 to facilitate collections acquisitions, development 

of exhibitions, and strengthen and expand the museum’s capital 

campaign which is responsible for raising matching funds for the 

construction of the NMAAHC. Federal dollars for the construction 

of the NMAAHC are being matched on a 1:1 basis. 

Joint Venture.—The Committee maintains its support for the 

joint venture between the Library of Congress and the Smithsonian 

Institution creating a comprehensive compilation of audio and 

video recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement. 

Latino Programs, Exhibitions, Collections and Public Outreach.— The Committee supports the Smithsonian Latino Center’s goal of 

promoting the inclusion of Latino contributions in Smithsonian Institution programs, exhibitions, collections and public outreach. 

The Committee urges collaboration among interested parties to advance these goals more fully by utilizing existing Smithsonian Institution museum locations for the expansion of the Smithsonian 

Latino Center’s programming, exhibition and collection space. 

FACILITIES CAPITAL

Appropriation enacted, 2012 .............................................................. $174,720,000 

Budget estimate, 2013 ....................................................................... 196,500,000 

Recommended, 2013 ........................................................................... 145,544,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥29,176,000 

Budget estimate, 2013 ................................................................ ¥50,956,000 

The Committee recommends $145,544,000 for Facilities Capital, $29,176,000 below the fiscal year 2012 enacted level and 

$50,956,000 below the budget request. 

The Committee supports revitalization of Smithsonian Institution facilities and the planning and design of future projects. The 

Committee also supports and remains committed to the construction of the Congressionally authorized National Museum of African 

American History and Culture. Accordingly, the Committee recommends $50,000,000 for ongoing construction of the National MuVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR589.XXX HR589

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seum of African American History and Culture. These funds, which 

will ensure that construction continues, complement $45,000,000 

provided by the Committee in prior years for pre-construction planning and design and $74,880,000 provided in fiscal year 2012 to 

complete design and begin construction. Federal funds for the construction of the NMAAHC are being matched on a 1:1 basis. 

The Committee has provided funding, as requested, to address 

critical repairs at the National Air and Space Museum and structural and seismic upgrades at the Museum Support Center. 

The Committee further directs that the balance of Facilities Capital funding be devoted to the highest and best use for revitalization efforts of Smithsonian Institution assets on a priority basis. A 

growing number of projects necessitate the need for the Smithsonian Institution to set clear priorities within the Facilities Capital 

account. The Committee urges the Smithsonian to establish, and 

present in priority order in future annual budget justifications, all 

Facilities Capital program activities. 

NATIONAL GALLERY OF ART

The National Gallery of Art is one of the world’s great galleries. 

Its magnificent works of art, displayed for the benefit of millions 

of visitors annually, and its two iconic buildings and sculpture garden, serve as an example of a successful cooperative endeavor between private individuals and institutions and the Federal Government. With the special exhibitions shown in the Gallery, and 

through the many exhibitions which travel across the country, the 

Gallery brings great art treasures to Washington, DC, and to the 

Nation. Through its educational and teacher training programs and 

its website, the Gallery provides art history materials, rich online 

educational materials, direct loans, and broadcast programs to millions of Americans in every State. 

Table of Allocations by Activity.—The amounts recommended by 

the Committee compared with the budget estimates by activity are 

shown in the table at the end of this report. 

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $113,883,000 

Budget estimate, 2013 ....................................................................... 120,000,000 

Recommended, 2013 ........................................................................... 113,121,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥762,000 

Budget estimate, 2013 ................................................................ ¥6,879,000 

The Committee recommends $113,121,000 for Salaries and Expenses of the National Gallery of Art, $762,000 below the fiscal 

year 2012 enacted level and $6,879,000 below the budget request. 

Within the amount provided, the Committee includes $3,518,000, 

as requested, for the Gallery’s Special Exhibition program. 

Bill Language.—The Committee has included bill language, as 

requested, specifying the amount provided for Special Exhibitions. 


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REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

Appropriation enacted, 2012 .............................................................. $14,493,000 

Budget estimate, 2013 ....................................................................... 23,000,000 

Recommended, 2013 ........................................................................... 12,679,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,814,000 

Budget estimate, 2013 ................................................................ ¥10,321,000 

The Committee recommends $12,679,000 for Repair, Restoration 

and Renovation of buildings at the National Gallery of Art, 

$1,814,000 below the fiscal year 2012 enacted level and 

$10,321,000 below the budget request. Reductions from the request 

are to defer Master Facilities Plan work. 

Bill Language.—The Committee has included bill language, as 

requested, relating to lease agreements of no more than 10 years 

that addresses space needs created by ongoing renovations in the 

Master Facilities Plan. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

The John F. Kennedy Center for the Performing Arts is a living 

memorial to the late President Kennedy and is the National Center 

for the Performing Arts. The Center houses nine stages and seven 

theaters which have a total of more than 7,300 seats. The Center 

consists of over 1.5 million square feet of usable floor space with 

visitation averaging 8,000 on a daily basis. The support systems in 

the building often operate at capacity 18 hours a day, seven days 

a week, 365 days a year. 

OPERATIONS AND MAINTENANCE

Appropriation enacted, 2012 .............................................................. $23,163,000 

Budget estimate, 2013 ....................................................................... 22,379,000 

Recommended, 2013 ........................................................................... 22,379,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥784,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $22,379,000 for Operations and Maintenance, as requested, $784,000 below the fiscal year 2012 enacted level. 

CAPITAL REPAIR AND RESTORATION

Appropriation enacted, 2012 .............................................................. $13,628,000 

Budget estimate, 2013 ....................................................................... 13,588,000 

Recommended, 2013 ........................................................................... 13,588,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥40,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $13,588,000 for Capital Repair and 

Restoration, as requested, $40,000 below the fiscal year 2012 enacted level. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The Woodrow Wilson International Center for Scholars is a 

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relevant research and dialogue to increase understanding and enhance the capabilities and knowledge of leaders, citizens, and institutions worldwide. The Woodrow Wilson Center hosts scholars and 

policy makers to do their own advanced study, research and writing and facilitates debate and discussions among scholars, public 

officials, journalists and business leaders from across the country 

on relevant, major long-term issues facing this Nation and the 

world. 

Appropriation enacted, 2012 .............................................................. $10,987,000 

Budget estimate, 2013 ....................................................................... 10,492,000 

Recommended, 2013 ........................................................................... 10,492,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥495,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $10,492,000 for Salaries and Expenses of the Woodrow Wilson International Center for Scholars, as 

requested, $495,000 below the fiscal year 2012 enacted level. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

Appropriation enacted, 2012 .............................................................. $146,021,000 

Budget estimate, 2013 ....................................................................... 154,255,000 

Recommended, 2013 ........................................................................... 132,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥14,021,000 

Budget estimate, 2013 ................................................................ ¥22,255,000 

The Committee recommends $132,000,000 for the National Endowment for the Arts (NEA), $14,021,000 below the fiscal year 

2012 enacted level and $22,255,000 below the budget request. 

The Committee values greatly the longstanding collaborative relationship between the NEA and the States. State Arts Agencies 

(SSAs) support the arts for communities at the grassroots level regardless of their geographic location, providing much of their funding to smaller organizations, community groups, and schools rather 

than well-established arts organizations. The Committee supports 

the continuation of this effective partnership and urges the NEA to 

work constructively with States in developing and implementing 

arts education programs and policies. 

The Committee remains committed to supporting proven national 

initiatives with broad geographic reach. The Big Read, Challenge 

America, and Shakespeare in American Communities are among 

the cost-effective grant programs with broad, bipartisan Congressional support that meet these criteria, supporting the NEA’s goal 

of extending the arts to underserved populations in both urban and 

rural communities across the United States. 

The National Council on the Arts has historically played a substantive role in directing the development and direction of the 

NEA’s programs. The Committee is concerned that the Council is 

playing a diminishing role and urges the NEA to fully engage the 

Council in its statutorily mandated advisory role in the decisionmaking process relating to the NEA’s grant-making policies and 

programmatic initiatives, in addition to the Council’s traditional 

advisory role in the awarding of NEA grants. 


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The Committee has not provided $3,000,000 in requested funding 

for expenses associated with an anticipated relocation of the NEA 

from its current location at the Old Post Office Building. At the 

time of the markup of this bill, a detailed justification, including 

specific relocation costs, had not been presented to the Committee 

for consideration. The Committee would be negligent in its oversight responsibilities by providing funding for relocation without 

this level of detail. Therefore, the Committee directs the NEA to 

work with the General Services Administration (GSA) to identify 

cost-effective options and submit to the Committee at the earliest 

possible date a detailed justification for the relocation of the NEA. 

The Committee notes that the NEA’s Congressional authorization expired in 1993 and, therefore, urges the NEA to work with 

the appropriate authorizing committees on expeditiously renewing 

its Congressional authorization. 

Bill Language.—Each year, the Committee provides in bill language specific guidelines under which the Endowment is directed 

to distribute taxpayer dollars in support of the arts. With the exception of established honorific programs, grant funding to individual artists is strictly prohibited. The Committee directs that priority be given to providing services or grant funding for projects, 

productions, or programs that encourage public knowledge, education, understanding, and appreciation of the arts. Any reduction 

in support to the States for arts education should be no more than 

proportional to other funding decreases taken in other NEA programs. 

Reforms originally instituted by the Committee in P.L. 108–447 

relating to grant guidelines and program priorities are fully restated in Sections 415 and 416 of the bill. The Committee expects 

the NEA to adhere to them fully. These reforms maintain broad bipartisan support and continue to serve well both the NEA and the 

public interest. 

Further, the Committee has included bill language addressing 

grant award matching requirements and waiver procedures. This 

language is the result of extensive collaboration and consultation 

between the NEA and State Arts Agencies as directed in the fiscal 

year 2012 Interior, Environment, and Related Agencies conference 

report. 

The allocation of funding among NEA activities is shown in the 

table at the end of this report. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION (INCLUDING MATCHING GRANTS)

Appropriation enacted, 2012 .............................................................. $146,021,000 

Budget estimate, 2013 ....................................................................... 154,255,000 

Recommended, 2013 ........................................................................... 132,000,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥14,021,000 

Budget estimate, 2013 ................................................................ ¥22,255,000 

The Committee recommends a total of $132,000,000 for the National Endowment for the Humanities (NEH), $14,021,000 below 

the fiscal year 2012 enacted level and $22,255,000 below the budget request. 

The Committee commends the NEH Federal/State Partnership 

for its ongoing, successful collaboration with State humanities 


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councils in each of the 50 states as well as Washington, D.C., the 

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, the 

Commonwealth of the Northern Mariana Islands, and American 

Samoa. Every NEH dollar received by a council is matched by a 

local contribution. In recent years, the proportion of NEH program 

funds supporting the work of State humanities councils has grown 

to nearly 40 percent. The Committee urges the NEH to sustain program funding to support the critical work of State humanities 

councils consistent with the guidance provided in the fiscal year 

2012 Interior, Environment, and Related Agencies conference report. 

The Committee does not support the budget request proposal to 

discontinue the We the People program. A similar proposal made 

last year was rejected. We the People was initiated on Constitution 

Day—September 17, 2002—and should remain a core NEH grant 

program designed to promote the teaching, study, and understanding of American history, culture, and democratic principles. 

Grants awarded through the We the People program have historically leveraged millions of non-Federal dollars supporting enrichment and educational materials provided to thousands of educators, schools, community colleges, and libraries nationwide. We 

the People is a proven, cost-effective national grant program with 

broad geographic reach and bipartisan Congressional support. The 

Committee, therefore, directs that it be sustained as an individual 

initiative at no less than $3,500,000 in fiscal year 2013. The Committee has not provided $3,000,000 in requested funding 

for expenses associated with an anticipated relocation of the NEH 

from its current location at the Old Post Office Building. At the 

time of the markup of this bill, a detailed justification, including 

specific relocation costs, had not been presented to the Committee 

for consideration. The Committee would be negligent in its oversight responsibilities by providing funding for relocation without 

this level of detail. Therefore, the Committee directs the NEH to 

work with the General Services Administration (GSA) to identify 

cost-effective options and submit to the Committee at the earliest 

possible date a detailed justification for the relocation of the NEH. 

The Committee notes that the NEH’s Congressional authorization expired in 1993 and, therefore, urges the NEH to work with 

the appropriate authorizing committees on expeditiously renewing 

its Congressional authorization. 

The allocation of funding among NEH activities is shown in the 

table at the end of this report. 

COMMISSION OF FINE ARTS

The Commission of Fine Arts was established in 1910 to advise 

the government on matters pertaining to the design of national 

symbols, and particularly to guide the architectural development of 

Washington, D.C. The Commission’s work includes advice on designs for parks, public buildings, public art, as well as the design 

of national monuments, coins and medals, and overseas American 

military cemeteries. In addition, the Commission conducts design 

reviews of semipublic and private structures within the Old 

Georgetown Historic District and within certain areas of the National Capital that are adjacent to areas of Federal interest. The 

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mission also administers the National Capital Arts and Cultural 

Affairs program. 

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $2,396,000 

Budget estimate, 2013 ....................................................................... 2,175,000 

Recommended, 2013 ........................................................................... 2,175,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥221,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $2,175,000 for Salaries and Expenses of the Commission of Fine Arts, as requested, $221,000 

below the fiscal year 2012 enacted level. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

Appropriation enacted, 2012 .............................................................. $1,997,000 

Budget estimate, 2013 ....................................................................... 0 

Recommended, 2013 ........................................................................... 1,950,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥47,000 

Budget estimate, 2013 ................................................................ +1,950,000 

The National Capital Arts and Cultural Affairs program was established in Public Law 99–190 to support organizations that perform, exhibit, and/or present the arts in the Nation’s Capital. The 

Committee recommends $1,950,000, which is $47,000 below the fiscal year 2012 enacted level and $1,950,000 above the budget request. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The National Historic Preservation Act of 1966 established the 

Advisory Council on Historic Preservation. The ACHP was granted 

permanent authorization as part of the National Historic Preservation Act Amendments of 2006 (Public Law 109–453). The ACHP 

promotes the preservation, enhancement, and productive use of our 

nation’s historic resources and advises the President and Congress 

on national historic preservation policy. 

Appropriation enacted, 2012 .............................................................. $6,098,000 

Budget estimate, 2013 ....................................................................... 7,023,000 

Recommended, 2013 ........................................................................... 5,723,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥375,000 

Budget estimate, 2013 ................................................................ ¥1,300,000 

The Committee recommends $5,723,000 for Salaries and Expenses of the Advisory Council on Historic Preservation (ACHP), 

$375,000 below the fiscal year 2012 enacted level and $1,300,000 

below the budget request. 

The Committee is concerned by the Council’s decision to intervene in the review of the proposed Susquehanna-Roseland Transmission line almost two years after the review process was initiated and following the closure of the public comment process on the 

draft environmental impact statement. This initiative, which is 

critical to the supply of electricity to 58 million consumers in 13 

States and Washington, DC, is one of seven electric transmission 

lines that has been accelerated through a pilot demonstration to 


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streamline Federal permitting and increase cooperation at the Federal and State level. The Council is directed to work cooperatively 

with the Department of the Interior to avoid any further delays so 

that the Department, as directed in the fiscal year 2012 Interior, 

Environment, and Related Agencies conference report, adheres to 

its scheduled issuance of a final Record of Decision in October, 

2012. 

The Committee has not provided $1,300,000 in requested funding 

for expenses associated with an anticipated relocation of the ACHP 

from its current location at the Old Post Office Building. At the 

time of the markup of this bill, a detailed justification, including 

specific relocation costs, had not been presented to the Committee 

for consideration. The Committee would be negligent in its oversight responsibilities by providing funding for relocation without 

this level of detail. Therefore, the Committee directs the ACHP to 

work with the General Services Administration (GSA) to identify 

cost-effective options and submit to the Committee at the earliest 

possible date a detailed justification for the relocation of the ACHP. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The National Capital Planning Act of 1952 designated the National Capital Planning Commission as the central planning agency 

for the Federal government in the National Capital Region. The 

three major functions of the Commission are to prepare and adopt 

the Federal elements of the National Capital Comprehensive Plan; 

prepare an annual report on a five-year projection of the Federal 

Capital Improvement Program; and review plans and proposals 

submitted to the Commission. 

Appropriation enacted, 2012 .............................................................. $8,141,000 

Budget estimate, 2013 ....................................................................... 7,977,000 

Recommended, 2013 ........................................................................... 7,977,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥164,000 

Budget estimate, 2013 ................................................................ 0 

The Committee recommends $7,977,000 for Salaries and Expenses of the National Capital Planning Commission, as requested, 

$164,000 below the fiscal year 2012 enacted level. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

In 1980, Congress passed legislation creating a 65-member Holocaust Memorial Council with the mandate to create and oversee a 

living memorial/museum to victims of the Holocaust. The museum 

opened in April 1993. Construction costs for the museum came 

solely from donated funds raised by the U.S. Holocaust Memorial 

Museum Campaign, and appropriated funds were used for planning and development of programmatic components, overall administrative support, and annual commemorative observances. Since 

the opening of the museum, appropriated funds have been provided 

to pay for the ongoing operating costs of the museum as authorized 

by Public Law 102–529 and Public Law 106–292. Private funds 

support educational outreach throughout the United States. 


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Appropriation enacted, 2012 .............................................................. $50,717,000 

Budget estimate, 2013 ....................................................................... 51,788,000 

Recommended, 2013 ........................................................................... 49,900,000 

Comparison: 

Appropriation, 2012 .................................................................... ¥817,000 

Budget estimate, 2013 ................................................................ ¥1,888,000 

The Committee recommends $49,900,000 for the Holocaust Memorial Museum, $817,000 below the fiscal year 2012 enacted level 

and $1,888,000 below the budget request. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

Appropriation enacted, 2012 .............................................................. $11,981,000 

Budget estimate, 2013 ....................................................................... 0 

Recommended, 2013 ........................................................................... 0 

Comparison: 

Appropriation, 2012 .................................................................... ¥11,981,000 

Budget estimate, 2013 ................................................................ 0 

As requested, no funding is proposed for the Presidio Trust in fiscal year 2013. Funds provided in fiscal year 2012 fulfilled the commitment made by Congress to support the transition of the Presidio 

Army Base to a mixed-use, financially independent facility by the 

year 2013 as authorized by Public Law 104–333. The Presidio’s 

self-sufficiency plan stipulated that the Presidio Trust receive Federal appropriations through fiscal year 2012, at which time the 

Trust would become responsible for funding the operations and 

maintenance of the Presidio in perpetuity. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

The Dwight D. Eisenhower Memorial Commission was created by 

Congress in 1999 through Public Law 106–79 for the purpose of establishing a permanent national memorial to Dwight D. Eisenhower, Supreme Commander of the Allied Forces in Europe in 

World War II and 34th President of the United States. The Commission consists of 12 members, four members of the House of Representatives, four Senators, and four private citizens appointed by 

the President. 

SALARIES AND EXPENSES

Appropriation enacted, 2012 .............................................................. $1,997,000 

Budget estimate, 2013 ....................................................................... 5,600,000 

Recommended, 2013 ........................................................................... 0 

Comparison: 

Appropriation, 2012 .................................................................... ¥1,997,000 

Budget estimate, 2013 ................................................................ ¥5,600,000 

The bill does not include funding for the Salaries and Expenses 

account. The Committee is aware that the design of the Eisenhower Memorial has garnered a significant amount of interest. The 

Committee notes that an open, public, and transparent process exists for deciding the components of the final design. The process is 

intended to be collaborative and incorporate multiple perspectives. 

The Committee urges the Commission to continue working with all 

constituencies as partners in the planning process including, but 

not limited to, the National Park Service, the Commission on Fine 

Arts, and the National Capitol Planning Commission. 


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Further, in order for the Committee to remain informed as to the 

status of fund raising efforts the Eisenhower Commission is directed to include a table in its annual Congressional justification 

that shows the total amount of private (non-Federal) contributions 

to date, and the total obligations and total expenditures of those 

funds. 

CAPITAL CONSTRUCTION

Appropriation enacted, 2012 .............................................................. $30,940,000 

Budget estimate, 2013 ....................................................................... 54,240,000 

Recommended, 2013 ........................................................................... 0 

Comparison: 

Appropriation, 2012 .................................................................... ¥30,940,000 

Budget estimate, 2013 ................................................................ ¥54,240,000 

The bill does not include funding for the Capital Construction 

account. The Committee provided the Commission a total of 

$32,937,000 in fiscal year 2012 to finance the initial groundbreaking of the memorial in August 2012. Additional considerations for a number of the design elements required a revision of 

the schedule. The fiscal year 2013 budget offers an updated schedule with groundbreaking beginning in January 2013. As a result, 

the Commission will not have spent the construction funds provided for fiscal year 2012. The Committee finds the previously appropriated funds will be sufficient to initiate construction in fiscal 

year 2013, and thus, has not provided additional funds. 

TITLE IV—GENERAL PROVISIONS 

Section 401 modifies a provision providing for public availability 

of information governing the use of consulting services contracts. 

Section 402 continues a provision prohibiting activities to promote public support or opposition to legislative proposals. 

Section 403 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. 

Section 404 modifies a provision providing for restrictions on departmental assessments unless approved by the Committees on Appropriations. 

Section 405 continues a provision preventing the use of funds to 

sell giant sequoia trees on National Forest or Bureau of Land Management lands in a manner different than such sales were conducted in the past. 

Section 406 continues a limitation on accepting and processing 

applications for patents and on the patenting of Federal lands; permits processing of grandfathered applications; and permits thirdparty contractors to process grandfathered applications. 

Section 407 continues a provision regarding the payment of contract support costs. 

Section 408 modifies a provision allowing Forest Service land 

management plans to be more than 15 years old if the Secretary 

is acting in good faith to update such plans. 

Section 409 continues a provision limiting preleasing, leasing, 

and related activities within the boundaries of National Monuments. 

Section 410 continues a provision which restricts funding for acquisition of land from being used for declarations of taking or complaints in condemnation. 


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Section 411 continues a provision addressing timber sales involving Alaskan western red cedar. 

Section 412 modifies a provision continuing certain authorities to 

renew grazing permits or leases administered by the Forest Service 

or Department of the Interior. 

Section 413 continues a provision which prohibits no-bid contracts and grants except under certain circumstances. 

Section 414 continues a provision which requires public disclosure of certain reports. 

Section 415 continues a provision which delineates the grant 

guidelines for the National Endowment for the Arts. 

Section 416 continues a provision which delineates the program 

priorities for the programs managed by the National Endowment 

for the Arts. 

Section 417 provides guidelines relating to National Endowment 

for the Arts grant awards to States. 

Section 418 continues a provision requiring the Department of 

the Interior, the EPA, the Forest Service, and the Indian Health 

Service provide the Committees on Appropriations a quarterly report on the status of balances of appropriations. 

Section 419 requires the President to submit a report to the 

Committees on Appropriations no later than 120 days after the fiscal year 2014 budget is submitted to Congress describing in detail 

all Federal agency obligations and expenditures for climate change 

programs and activities in fiscal year 2012. 

Section 420 continues a provision prohibiting the use of funds to 

promulgate or implement any regulation requiring the issuance of 

permits under title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions. 

Section 421 continues a provision prohibiting the use of funds to 

implement any provision in a rule if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. 

Section 422 clarifies Silvicultural Operations under the Federal 

Water Pollution Control Act. 

Section 423 directs the Secretary of the Interior to reissue a final 

rule that shall not be subject to judicial review. 

Section 424 continues a provision prohibiting the government 

from entering into contracts or agreements with any corporation 

that was convicted of a felony criminal violation under any Federal 

law within the preceding 24 months. 

Section 425 continues a provision prohibiting funds for contracts 

or agreements with entities with unpaid Federal tax liabilities that 

have not entered into payment agreements to remedy the liability. 

Section 426 extends the Herger-Feinstein Library Group Forestry 

Recovery Act. 

Section 427 extends the Colorado Good Neighbor authority to all 

western states. 

Section 428 requires the Forest Service to identify land for fire 

stations within National Recreation Areas. 

Section 429 extends Forest Service cost recovery for special uses 

for five years. 

Section 430 allows interpretive associations to partner with the 

Forest Service. 


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Section 431 extends the maximum authorized term for grazing 

permits and leases. 

Section 432 clarifies the Forest Service may use designation by 

description and prescription. 

Section 433 prohibits the Forest Service in California from implementing the travel management rule without additional analysis 

and prevents the agency from designating ML–3 roads as highways. 

Section 434 prohibits the use of funds to develop, adopt, implement, administer, or enforce a change or supplement to a rule or 

guidance documents pertaining to the definition of waters under 

the Federal Water Pollution Control Act. 

Section 435 prohibits the use of funds to develop, carry out, implement, or enforce proposed regulations published on June 18, 

2010. 

Section 436 prohibits the use of funds to expand the stormwater 

discharge program under section 402(p) of the Federal Water Pollution Control Act until certain criteria are met. 

Section 437 clarifies current Appeals Reform Act requirements 

for Forest Service activities. 

Section 438 prohibits the use of funds to limit recreational shooting and hunting on Federal and public lands except for public safety. 

Section 439 prohibits the use of funds to develop, propose, finalize, administer, or implement the National Ocean Policy under Executive Order 13547; requires a report identifying all Federal expenditures for the development, administration, or implementation 

of such Policy in fiscal years 2011 and 2012; and requires that the 

President’s budget submission for fiscal year 2014 identify funding 

proposed for the implementation of such Policy. 

Section 440 establishes a pilot program for vessels to demonstrate alternative methods to comply with emissions control area 

standards. 

Section 441 precludes the need for a municipal separate storm 

sewer system permit under certain conditions. 

Section 442 applies Buy American requirements to the Clean 

Water and Drinking Water State Revolving Funds. 

Section 443 prohibits EPA from using funds to implement, administer, or enforce the lead renovation rule until EPA has approved a commercially available lead test kit. 

Section 444 prohibits EPA from using funds to prepare, propose, 

promulgate, finalize, implement, or enforce regulations for greenhouse gas emissions from new motor vehicles or motor engines 

after model year 2016, and to grant a waiver to a State or political 

subdivision thereof to adopt or enforce standards for greenhouse 

gas emissions from new motor vehicles or motor engines after 

model year 2016. 

Section 445 prohibits EPA from using funds to finalize proposed 

guidance on false or misleading pesticide labels. 

Section 446 prohibits EPA from using funds to implement, administer, or enforce NESHAP regulations for asbestos with respect 

to residential buildings with four or fewer dwelling units unless 

such buildings meet certain criteria. 

Section 447 prohibits EPA from using funds to develop, propose, 

finalize, implement, enforce, or administer any regulation that 


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would establish new financial responsibility requirements under 

CERCLA. 

Section 448 prohibits from using funds to develop, issue, implement, or enforce any greenhouse gas New Source Performance 

Standards on any new or existing source that is an electric utility 

generating unit. 

Section 449 directs EPA to begin development of a seventh addition of a cost manual. 

Section 450 directs EPA to solicit comments on revising an air 

quality model. 

Section 451 establishes a Spending Reduction Account as required by Section 3(j) of H. Res. 5. 

BILL-WIDE REPORTING REQUIREMENTS

The following items are included in accordance with various requirements of the Rules of the House of Representatives: 

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the Rules 

of the House of Representatives, the results of each roll call vote 

on an amendment or on the motion to report, together with the 

names of those voting for and those voting against, are printed 

below: 


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescission recommended in the accompanying bill: 

Department and activity: 

Amounts recommended for rescission: 

Department of the Interior: Land and Water Conservation Fund 

(contract authority) $30,000,000. 

Environmental Protection Agency: State and Tribal Assistance 

Grants $130,000,000. 

TRANSFERS OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

transfer of funds in the accompanying bill. 

APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL

Account from which transfer is made Amount (000’s) Account to which transfer is made Amount (000’s) 

Department of the Interior, National 

Park Service.

not specified Department of Transportation, Federal 

Highway Administration.

not specified 

Department of the Interior, Operation of 

Indian Programs.

not specified Indian forest land assistance accounts not specified 

Department of the Interior, Bureau of 

Indian Affairs Construction.

not specified Bureau of Reclamation ......................... not specified 

Department of the Interior, Office of Insular Affairs.not specified Secretary of Agriculture ......................... not specified 

Department of the Interior, Office of the 

Special Trustee for American Indians.

not specified Department of the Interior, Bureau of 

Indian Affairs, Office of Indian Programs; Office of the Solicitor, Salaries and Expenses; Office of the 

Secretary, Salaries and Expenses.

not specified 

Department of the Interior, Wildland 

Fire Management.

not specified Department of the Interior, for repayment of advances made during 

emergencies.

not specified 

Department of the Interior, Wildland 

Fire Management.

up to $50,000 Forest Service, Wildland Fire Management.up to $50,000 

Department of the Interior, FLAME Wildfire Suppression Reserve Fund.not specified Department of the Interior, Wildland 

Fire Management.

not specified 

Environmental Protection Agency, Hazardous Substance Superfund.not specified Other Federal Agencies ......................... not specified 

Environmental Protection Agency, Environmental Programs and Management.

up to $250,000 Any Federal Department or Agency for 

Great Lakes Initiative.

up to $250,000 

Forest Service, Capital Improvement 

and Maintenance.

not specified General Fund of the Treasury ............... not specified 

Forest Service, Capital Improvement 

and Maintenance.

up to $13,000 Forest Service, National Forest System up to $13,000 

Forest Service, Wildland Fire Management.not specified Forest Service, for repayment of advances made during emergencies.not specified 


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Account from which transfer is made Amount (000’s) Account to which transfer is made Amount (000’s) 

Forest Service, Wildland Fire Management.not specified Forest Service, State and Private Forestry.not specified 

Forest Service, Wildland Fire Management.not specified Forest Service, National Forest System not specified 

Forest Service, Wildland Fire Management.

not specified Forest Service, Forest and Rangeland 

Research.

not specified 

Forest Service, Wildland Fire Management.up to $50,000 Secretary of the Interior ........................ up to $50,000 

Forest Service, Wildland Fire Management.up to $21,000 Forest Service, National Forest System up to $21,000 

Forest Service, FLAME Wildfire Suppression Reserve Fund.not specified Forest Service, Wildland Fire Management.not specified 

Forest Service ......................................... not specified Forest Service, Wildland Fire Management.not specified 

Forest Service ......................................... up to $82,000 USDA, Working Capital Fund ................. up to $82,000 

Forest Service ......................................... up to $14,500 USDA, Greenbook ................................... up to $14,500 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined by 

clause 9 of rule XXI. 

COMPLIANCE WITH RULE XIII, CLAUSE 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

SECTION 6906 OF TITLE 31, UNITED STATES CODE 

§ 6906. Funding 

For each of fiscal years 2008 through ø2012¿ 2013— 

(1) * * * 

* * * * * * * 

SECTION 10101 OF THE OMNIBUS BUDGET 

RECONCILIATION ACT OF 1993 

SEC. 10101. FEE. 

(a) CLAIM MAINTENANCE FEE.— (1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL SITES.— The holder of each unpatented lode mining claim, mill site, or 

tunnel site, located pursuant to the mining laws of the United 

States øon¿ before, on, or after August 10, 1993, shall pay to 

the Secretary of the Interior, on or before September 1 of each 

year, to the extent provided in advance in appropriations Acts, 

a claim maintenance fee of $100 per claim or site, respectively. 

Such claim maintenance fee shall be in lieu of the assessment 

work requirement contained in the Mining Law of 1872 (30 

U.S.C. 28–28e) and the related filing requirements contained 

in section 314 (a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). 


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(2) PLACER MINING CLAIMS.—The holder of each unpatented 

placer mining claim located pursuant to the mining laws of the 

United States ølocated¿ before, on, or after August 10, 1993, 

shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in 

subsection (a), for each 20 acres of the placer claim or portion 

thereof. 

* * * * * * * 

SECTION 15 OF THE INDIAN LAW ENFORCEMENT 

REFORM ACT 

SEC. 15. INDIAN LAW AND ORDER COMMISSION. 

(a) * * * 

* * * * * * * 

(f) REPORT.—Not later than ø2 years¿ 3 years after the date of 

enactment of this Act, the Commission shall submit to the President and Congress a report that contains— 

(1) * * * 

* * * * * * * 

PUBLIC LAW 109–54 

* * * * * * * 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

* * * * * * * 

ADMINISTRATIVE PROVISIONS

* * * * * * * 

For fiscal years 2006 through 2015, the Administrator may, after 

consultation with the Office of Personnel Management, employ up 

to øthirty persons¿ fifty persons at any one time in the Office of Research and Development under the authority provided in 42 U.S.C. 

209. 

* * * * * * * 

SECTION 415 OF THE DEPARTMENT OF THE INTERIOR, 

ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

EXTENSION OF GRAZING PERMITS

SEC. 415. The terms and conditions of section 325 of Public Law 

108–108 (117 Stat. 1307), regarding grazing permits at the Department of the Interior and the Forest Service, shall remain in effect 

for fiscal years 2012 and 2013 and subsequent fiscal years. A grazing permit or lease issued by the Secretary of the Interior for lands 

administered by the Bureau of Land Management that is the subject of a request for a grazing preference transfer shall be issued, 

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isting permit or lease using the same mandatory terms and conditions. If the authorized officer determines a change in the mandatory terms and conditions is required, the new permit must be 

processed as directed in section 325 of Public Law 108–108. 

SECTION 5 OF THE NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES ACT OF 1965 

ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE ARTS

SEC. 5. (a) * * * 

* * * * * * * 

(g)(1) * * * 

* * * * * * * 

(4)(A) The amount of each allotment to a State for any fiscal year 

under this subsection shall be available to each State, which has 

a plan approved by the Chairperson in effect on the first day of 

such fiscal year to pay not more than 50 per centum of the total 

cost of any project or production described in paragraph (1). The 

amount of any allotment made under paragraph (3) for any fiscal 

year which exceeds $125,000 shall be available, at the discretion of 

the Chairperson, to pay up to 100 per centum of such cost of 

projects and productions if such projects and productions would 

otherwise be unavailable to the residents of that State: Provided, 

That the total amount of any such allotment for any fiscal year 

which is exempted from such 50 per centum limitation shall not exceed 20 per centum of the total of such allotment for such fiscal 

year. Whenever a State agency requests that the Chairperson exercise such discretion, the Chairperson shall— 

(i) give consideration to the various circumstances the State 

is encountering at the time of such request; and 

(ii) ensure that such discretion is not exercised with respect 

to such State in perpetuity. 

* * * * * * * 

(C) Funds made available under this subsection shall not be used 

to supplant non-Federal funds. The non-Federal funds required by 

subparagraph (A) to pay 50 percent of the cost of a program or production shall be provided from funds directly controlled and appropriated by the State involved and directly managed by the State 

agency of such State. 

* * * * * * * 

SECTION 402 OF THE FEDERAL WATER POLLUTION 

CONTROL ACT 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

SEC. 402. (a) * * * 

* * * * * * * 

(l) LIMITATION ON PERMIT REQUIREMENT.— 

(1) * * * 

* * * * * * * 


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(3) SILVICULTURAL ACTIVITIES.—The Administrator shall not 

require a permit under this section, nor shall the Administrator 

directly or indirectly require any State to require a permit, for 

discharges of stormwater runoff from roads, the construction, 

use, or maintenance of which are associated with silvicultural 

activities, or from other silvicultural activities involving nursery 

operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, or surface drainage. 

* * * * * * * 

(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.— (1) * * * 

* * * * * * * 

(3) PERMIT REQUIREMENTS.— (A) * * * 

* * * * * * * 

(C) LIMITATION.—The Administrator or a State may 

notrequire a municipality operating a municipal separate 

stormsewer system serving a population of less than 

100,000 toobtain a permit under this subsection for a discharge that— 

(i) is composed entirely of stormwater from a 

facilitythat is not owned or operated by the municipality; and 

(ii) does not enter into the municipal separate 

stormsewer system. 

* * * * * * * 

SECTION 331 OF THE DEPARTMENT OF THE INTERIOR 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2001 

SEC. 331. FEDERAL AND STATE COOPERATIVE WATERSHED RES- TORATION AND PROTECTION øIN COLORADO¿. (a) USE OF øCOLO- RADO¿ STATE FOREST SERVICE.—The Secretary of Agriculture, via 

cooperative agreement or contract (including sole source contract) 

as appropriate, ømay permit the Colorado State Forest Service¿ 

with any of the sixteen contiguous Western States (as defined in section 3 of Public Law 95–514 (43 U.S.C. 1902)) may permit the State 

Forest Service of the State to perform watershed restoration and 

protection services on National Forest System lands in the State 

øof Colorado¿ when similar and complementary watershed restoration and protection services are being performed by the State Forest Service on adjacent State or private lands. The types of services 

that may be extended to National Forest System lands include 

treatment of insect infected trees, reduction of hazardous fuels, and 

other activities to restore or improve watersheds or fish and wildlife habitat across ownership boundaries. 

(b) STATE AS AGENT.—Except as provided in subsection (c), a cooperative agreement or contract under subsection (a) ømay authorize the State Forester of Colorado¿ with any of the sixteen contiguous Western States may authorize the State Forester of the State 

to serve as the agent for the Forest Service in providing all services 

necessary to facilitate the performance of watershed restoration 


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112 

and protection services under subsection (a). The services to be performed by øthe Colorado State¿ a State Forest Service may be conducted with subcontracts utilizing State contract procedures. Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract under subsection 

(a). 

(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to any 

watershed restoration and protection services on National Forest 

System lands proposed for performance by øthe Colorado State¿ a 

State Forest Service under subsection (a), any decision required to 

be made under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) may not be delegated to øthe State Forester 

of Colorado¿ a State Forester or any other officer or employee of 

øthe Colorado State¿ a State Forest Service. 

(d) INCLUSION OF øCOLORADO¿ BLM LANDS.—The authority provided by this section shall also be available to the Secretary of the 

Interior with respect to public lands in the øState of Colorado¿ sixteen contiguous Western States administered by the Secretary 

through the Bureau of Land Management. 

(e) EXPIRATION OF AUTHORITY.—The authority of the Secretary of 

Agriculture and the Secretary of the Interior to enter into cooperative agreements and contracts under this section expires øSeptember 30, 2013¿ September 30, 2018, and the term of any cooperative agreement or contract entered into under this section shall not 

extend beyond that date. 

SECTION 331 OF THE DEPARTMENT OF THE INTERIOR 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2000 

SEC. 331. ENHANCING FOREST SERVICE ADMINISTRATION OF

RIGHTS-OF-WAY AND LAND USES. (a) The Secretary of Agriculture 

shall ødevelop and implement a pilot program¿ implement a program for the purpose of enhancing øforest service¿ Forest Service 

administration of rights-of-way and other land uses. The authority 

for this program shall be for fiscal years 2000 øthrough 2012¿ 

through 2017. øPrior to the expiration of the authority for this pilot 

program, the Secretary shall submit a report to the House and Senate Committees on Appropriations, and the Committee on Energy 

and Natural Resources of the Senate and the Committee on Resources of the House of Representatives that evaluates whether the 

use of funds under this section resulted in more expeditious approval of rights-of-way and special use authorizations. This report 

shall include the Secretary’s recommendation for statutory or regulatory changes to reduce the average processing time for rights-ofway and special use permit applications.¿ 

(b) DEPOSIT OF FEES.—Subject to subsections (a) and (f ), during 

fiscal years 2000 through ø2012,¿ 2017, the Secretary of Agriculture shall deposit into a special account established in the 

Treasury all fees collected by the Secretary to recover the costs of 

processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to section 28(l) of the Mineral Leasing Act (30 U.S.C. 185(l)), 

section 504(g) of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1764(g)), section 9701 of title 31, United States 


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Code, and section 110(g) of the National Historic Preservation Act 

(16 U.S.C. 470h–2(g)). 

* * * * * * * 

SECTION 402 OF THE FEDERAL LAND POLICY AND 

MANAGEMENT ACT OF 1976 

GRAZING LEASES AND PERMITS

SEC. 402. (a) Except as provided in subsection (b) of this section, 

permits and leases for domestic livestock grazing on public lands 

issued by the Secretary under the Act of June 28, 1934 (48 Stat. 

1269, as amended; 43 U.S.C. 315 et. seq.) or the Act of August 28, 

1937 (50 Stat. 874, as amended; 43 U.S.C. 1181a–1181j), or by the 

Secretary of Agriculture, with respect to lands within National Forests in the sixteen contiguous Western States, shall be for a term 

of øten years¿ 20 years subject to such terms and conditions the 

Secretary concerned deems appropriate and consistent with the 

governing law, including, but not limited to, the authority of the 

Secretary concerned to cancel, suspend, or modify a grazing permit 

or lease, in whole or in part, pursuant to the terms and conditions 

thereof, or to cancel or suspend a grazing permit or lease for any 

violation of a grazing regulation or of any term or condition of such 

grazing permit or lease. 

(b) Permits or leases may be issued by the Secretary concerned 

for a period shorter than øten years¿ 20 years where the Secretary 

concerned determines that— 

(1) * * * 

(2) the land will be devoted to a public purpose prior to the 

end of øten years¿ 20 years; or 

(3) it will be in the best interest of sound land management 

to specify a shorter term: Provided, That the absence from an 

allotment management plan of details the Secretary concerned 

would like to include but which are undeveloped shall not be 

the basis for establishing a term shorter than øten years¿ 20 

years: Provided further, That the absence of completed land use 

plans or court ordered environmental statements shall not be 

the sole basis for establishing a term shorter than øten years¿ 

20 years unless the Secretary determines on a case-by-case 

basis that the information to be contained in such land use 

plan or court ordered environmental impact statement is necessary to determine whether a shorter term should be established for any of the reasons set forth in items (1) through (3) 

of this subsection. 

* * * * * * * 

SECTION 14 OF THE NATIONAL FOREST MANAGEMENT 

ACT OF 1976 

TIMBER SALES ON NATIONAL FOREST SYSTEM LANDS

SEC. 14. (a) * * * 

* * * * * * * 


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(g) øDesignation, marking when necessary,¿ Designation, including marking when necessary, or designation by description or by 

prescription, and supervision of harvesting of trees, portions of 

trees, or forest products shall be conducted by persons employed by 

the Secretary of Agriculture. Such persons shall have no personal 

interest in the purchase or harvest of such products and shall not 

be directly or indirectly in the employment of the purchaser thereof. 

* * * * * * * 

SECTION 322 OF THE DEPARTMENT OF THE INTERIOR 

AND RELATED AGENCIES APPROPRIATIONS ACT, 1993 

øSEC. 322. FOREST SERVICE DECISIONMAKING AND APPEALS REFORM. 

ø(a) IN GENERAL.—In accordance with this section, the Secretary 

of Agriculture, acting through the Chief of the Forest Service, shall 

establish a notice and comment process for proposed actions of the 

Forest Service concerning projects and activities implementing land 

and resource management plans developed under the Forest and 

Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 

1601 et seq.) and shall modify the procedure for appeals of decisions concerning such projects. 

ø(b) NOTICE AND COMMENT.— ø(1) NOTICE.—Prior to proposing an action referred to in subsection (a), the Secretary shall give notice of the proposed action, and the availability of the action for public comment by— 

ø(A) promptly mailing notice about the proposed action 

to any person who has requested it in writing, and to persons who are known to have participated in the decisionmaking process; and, 

ø(B)(i) in the case of an action taken by the Chief of the 

Forest Service, publishing notice of action in the Federal 

Register; or 

ø(ii) in the case of any other action referred to in subsection (a), publishing notice of the action in a newspaper 

of general circulation that has previously been identified in 

the Federal Register as the newspaper in which notice 

under this paragraph may be published. 

ø(2) COMMENT.—The Secretary shall accept comments on the 

proposed action within 30 days after publication of the notice 

in accordance with paragraph (1). 

ø(c) RIGHT TO APPEAL.—Not later than 45 days after the date of 

issuance of a decision of the Forest Service concerning actions referred to in subsection (a), a person who was involved in the public 

comment process under subsection (b) through submission of written or oral comments or by otherwise notifying the Forest Service 

of their interest in the proposed action may file an appeal. 

ø(d) DISPOSITION OF AN APPEAL.— 

ø(1) INFORMAL DISPOSITION.— 

ø(A) IN GENERAL.—Subject to subparagraph (B), a designated employee of the Forest Service shall offer to meet 

with each individual who files an appeal in accordance 

with subsection (c) and attempt to dispose of the appeal. 


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ø(B) TIME AND LOCATION OF THE MEETING.—Each meeting in accordance with subparagraph (A) shall take place— 

ø(i) not later than 15 days after the closing date for 

filing an appeal; and 

ø(ii) at a location designated by the Chief of the Forest Service that is in the vicinity of the lands affected 

by the decision. 

ø(2) FORMAL REVIEW.—If the appeal is not disposed of in accordance with paragraph (1), an appeals review officer designated by the Chief of the Forest Service shall review the appeal and recommend in writing, to the official responsible for 

deciding the appeal, the appropriate disposition of the appeal. 

The official responsible for deciding the appeal shall then decide the appeal. The appeals review officer shall be a line officer at least at the level of the agency official who made the initial decision on the project or activity that is under appeal, 

who has not participated in the initial decision and will not be 

responsible for implementation of the initial decision after the 

appeal is decided. 

ø(3) TIME FOR DISPOSITION.—Disposition of appeals under 

this subsection shall be completed not later than 30 days after 

the closing date for filing of an appeal, provided that the Forest Service may extend the closing date by an additional 15 

days. 

ø(4) If the Secretary fails to decide the appeal within the 45- 

day period, the decision on which the appeal is based shall be 

deemed to be a final agency action for the purpose of chapter 

7 of title 5, United States Code. 

ø(e) STAY.—Unless the Chief of the Forest Service determines 

that an emergency situation exists with respect to a decision of the 

Forest Service, implementation of the decision shall be stayed during the period beginning on the date of the decision— 

ø(1) for 45 days, if an appeal is not filed, or 

ø(2) for an additional 15 days after the date of the disposition of an appeal under this section, if the agency action is 

deemed final under subsection (d)(4).¿ 

PUBLIC LAW 104–333 

* * * * * * * 

DIVISION II 

* * * * * * * 

TITLE I—NATIONAL COAL HERITAGE 

AREA 

* * * * * * * 


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116 

SEC. 107. SUNSET. 

The Secretary may not make any grant or provide any 

assistance under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE II—TENNESSEE CIVIL WAR 

HERITAGE AREA 

* * * * * * * 

SEC. 208. SUNSET. 

The Secretary may not make any grant or provide any 

assistance under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE III—AUGUSTA CANAL NATIONAL 

HERITAGE AREA 

* * * * * * * 

SEC. 310. SUNSET. 

The Secretary may not make any grant or provide any 

assistance under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE IV—STEEL INDUSTRY HERITAGE 

PROJECT 

* * * * * * * 

SEC. 408. SUNSET. 

The Secretary may not make any grant or provide any assistance 

under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE V—ESSEX NATIONAL HERITAGE 

AREA 

* * * * * * * 

SEC. 507. SUNSET. 

The Secretary may not make any grant or provide any assistance 

under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE VI—SOUTH CAROLINA NATIONAL 

HERITAGE CORRIDOR 

* * * * * * * 


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SEC. 607. SUNSET. 

The Secretary may not make any grant or provide any assistance 

under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE VII—AMERICA’S AGRICULTURAL 

HERITAGE PARTNERSHIP 

* * * * * * * 

SEC. 707. SUNSET. 

The Secretary may not make any grant or provide any assistance 

under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE VIII—OHIO & ERIE CANAL 

NATIONAL HERITAGE CORRIDOR 

* * * * * * * 

SEC. 809. SUNSET. 

The Secretary may not make any grant or provide any financial 

assistance under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

TITLE IX—HUDSON RIVER VALLEY 

NATIONAL HERITAGE AREA 

* * * * * * * 

SEC. 910. SUNSET. 

The Secretary may not make any grant or provide any 

assistance under this title after September 30, ø2012¿ 2014. 

* * * * * * * 

SECTION 7 OF PUBLIC LAW 99–647 

SEC. 7. TERMINATION OF COMMISSION. 

The Commission shall terminate on the date that is 6 years after 

øthe date of enactment of the John H. Chafee Blackstone River 

Valley National Heritage Corridor Reauthorization Act of 2006¿ 

September 30, 2014. 

SECTION 12 OF PUBLIC LAW 100–692 

SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

(a) * * * 

* * * * * * * 

(c) MANAGEMENT ACTION PLAN.— 

(1) IN GENERAL.—To implement the management action plan 

created by the Commission, there is authorized to be approVerDate Mar 15 2010 00:16 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00117 Fmt 6659 Sfmt 6601 E:\HR\OC\HR589.XXX HR589

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118 

priated $1,000,000 for each of fiscal years 2000 through ø2012¿ 

2014. 

* * * * * * * 

(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary 

to provide financial assistance under this Act terminates on øthe 

date that is 5 years after the date of enactment of this subsection¿ 

September 30, 2014. 

* * * * * * * 

SECTION 108 OF PUBLIC LAW 106–278 

SEC. 108. SUNSET PROVISION. 

The Secretary shall not provide any grant or other assistance 

under this title after September 30, ø2012¿ 2014. 

CHANGES IN APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions in the accompanying bill, which 

directly or indirectly change the application of existing law. In most 

instances these provisions have been included in prior appropriations Acts. 

The bill includes the following changes in application of existing 

law: 

OVERALL BILL

Providing that certain appropriations remain available until expended or extends the availability of funds beyond the fiscal year 

where programs or projects are continuing but for which legislation 

does not specifically authorize such extended availability. This authority tends to result in savings by preventing the practice of committing funds on low priority projects at the end of the fiscal year 

to avoid losing the funds. 

Limiting, in certain instances, the obligation of funds for particular functions or programs. These limitations include restrictions 

on the obligation of funds for administrative expenses, travel expenses, the use of consultants, and programmatic areas within the 

overall jurisdiction of a particular agency. 

Limiting official entertainment or reception and representation 

expenses for selected agencies in the bill. 

Continuing ongoing activities of those Federal agencies, which require annual authorization or additional legislation, which has not 

been enacted. 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

Providing funds to the Bureau for the management of lands and 

resources. 

Providing funds to the National Fish and Wildlife Foundation 

under certain conditions. 


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119 

Permitting the use of fees for processing applications for permit 

to drill. 

Permitting the use of fees for conducting oil and gas inspections. 

Permitting the use of mining fee collections for program operations. 

Permitting the use of fees from communication site rentals. 

LAND ACQUISITION

Requiring that funding for the program is derived from the Land 

and Water Conservation Fund. 

OREGON AND CALIFORNIA GRANT LANDS

Providing funds for the Oregon and California Grant Lands. 

Authorizing the transfer of certain collections from the Oregon 

and California Land Grants Fund to the Treasury. 

RANGE IMPROVEMENTS

Allowing certain funds to be transferred to the Department of the 

Interior for range improvements. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

Allowing the use of certain collected funds for certain administrative costs and operation of termination of certain facilities. 

Allowing the use of funds on any damaged public lands. 

Authorizing the Secretary to use monies from forfeitures, compromises or settlements for improvement, protection and rehabilitation of public lands under certain conditions. 

MISCELLANEOUS TRUST FUNDS

Allowing certain contributed funds to be advanced for administrative costs and other activities of the Bureau. 

ADMINISTRATIVE PROVISIONS

Permitting the Bureau to enter into agreements with public and 

private entities, including States. 

Permitting the Bureau to manage improvements to which the 

United States has title. 

Permitting the payment of rewards for information on violations 

of law on Bureau lands. 

Providing for cost-sharing arrangements for printing services. 

Permitting the Bureau to conduct certain projects for State governments on a reimbursable basis. 

Prohibiting the use of funds for the destruction of wild horses 

and burros. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

Limiting funding for certain Endangered Species Act programs. 

LAND ACQUISITION

Requiring that funding for the program is derived from the Land 

and Water Conservation Fund. 


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Prohibiting the use of funds for administrative overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

Requiring that portions of funding for the program are derived 

from the Cooperative Endangered Species Conservation Fund and 

the Land and Water Conservation Fund. 

STATE AND TRIBAL WILDLIFE GRANTS

Specifying the State and tribal wildlife grants distribution formula, the planning and cost-sharing requirements, and limiting administrative costs. 

ADMINISTRATIVE PROVISIONS

Providing that programs may be carried out by direct expenditure, contracts, grants, cooperative agreements and reimbursable 

agreements with public and private entities. 

Providing for repair of damage to public roads. 

Providing options for the purchase of land not to exceed $1. 

Permitting cost-shared arrangements for printing services. 

Permitting the acceptance of donated aircraft. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

Designating funds for Everglades restoration. 

Providing for repair, rehabilitation and maintenance of National 

Park Service assets. 

NATIONAL RECREATION AND PRESERVATION

Providing for expenses not otherwise provided for. 

HISTORIC PRESERVATION

Providing for expenses derived from the Historic Preservation 

Fund. 

CONSTRUCTION

Providing funds for construction, improvements, repair or replacement of physical facilities including modified water deliveries 

to Everglades National Park with certain restrictions. 

LAND AND WATER CONSERVATION FUND

Rescinding $30,000,000 in Land and Water Conservation Fund 

contract authority. 

LAND ACQUISITION AND STATE ASSISTANCE

Requiring that funding for the program is derived from the Land 

and Water Conservation Fund. 

ADMINISTRATIVE PROVISIONS

Allowing certain franchise fees to be available for expenditure 

without further appropriation to extinguish or reduce liability for 

certain possessory interests. 


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Providing for the retention of administrative costs under certain 

Land and Water Conservation Fund programs. 

Allows National Park Service funds to be transferred to the Federal Lands Highway Administration for purposes authorized under 

23 U.S.C. 204 for reasonable administrative support costs. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

Providing funds to perform surveys, investigations, and research 

covering topography, geology, hydrology, biology, and the mineral 

and water resources. 

Providing funds to classify lands as to their mineral and water 

resources. 

Funding engineering supervision to power permittees and Federal Energy Regulatory Commission licensees. 

Funding the administration of the minerals exploration program 

(30 U.S.C. 641) to conduct inquiries into the economic conditions affecting mining and materials processing industries. 

Prohibiting the conduct of new surveys on private property without permission. 

Requiring cost sharing for cooperative topographic mapping and 

water resource data collection activities. 

ADMINISTRATIVE PROVISIONS

Allowing funds to be used for certain contracting, technical services, construction, maintenance, acquisition, and representation expenses. 

Permitting the use of certain contracts, grants, and cooperative 

agreements. 

Recognizing students and recent graduates as Federal employees 

for the purposes of travel and work injury compensation. 

BUREAU OF OCEAN ENERGY MANAGEMENT

Permitting funds for mineral leasing and environmental study; 

enforcing laws and contracts; and for matching grants. 

Provides that funds may be used which shall be derived from 

non-refundable cost recovery fees collected in 2013. 

Permitting the use of certain excess receipts from Outer Continental Shelf leasing activities. 

Providing for reasonable expenses related to volunteer beach and 

marine cleanup activities. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

Permitting funds for mineral leasing and environmental study; 

enforcing laws and contracts; and for matching grants. 

Provides that funds may be used which shall be derived from 

non-refundable cost recovery fees collected in 2013. 

Permitting the use of certain excess receipts from Outer Continental Shelf leasing activities. 

Permitting the use of funds derived from non-refundable inspection fees collecting in 2013. 


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Requiring that not less than 50 percent of inspection fees expended be used on personnel, expanding capacity and reviewing applications for permit to drill. 

OIL SPILL RESEARCH

Providing that funds shall be derived from the Oil Spill Liability 

Trust Fund. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

Permitting payment to State and tribal personnel for travel and 

per diem expenses for training. 

ABANDONED MINE RECLAMATION FUND

Allowing the use of debt recovery to pay for debt collection. 

Allowing that certain funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of 

the cost of certain projects. 

Allowing funds to be used for travel expenses of State and tribal 

personnel while attending certain OSM training. 

ADMINISTRATIVE PROVISION

Permits the Secretary to transfer title for computer equipment to 

States and Tribes hereafter. 

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN PROGRAMS

Allowing the use of certain funds for official reception and representation expenses. 

Limiting funds for welfare assistance payments, except for disaster relief. 

Limiting funds for contract support costs. 

Limiting the use of funds for school operations of Bureau-funded 

schools and other education programs. 

Permitting the use of tribal priority allocations for general assistance payments to individuals, for contract support costs, and school 

operations costs. 

Providing for an Indian self-determination fund. 

Limiting funds for administrative cost grants under certain circumstances. 

Allowing the transfer of certain forestry funds. 

Allows the use of funds to purchase uniforms or other identifying 

articles of clothing for personnel if it enhances the safety of Bureau 

field employees. 

CONSTRUCTION

Providing for the transfer of Navajo irrigation project funds to 

the Bureau of Reclamation. 

Providing that six percent of Federal Highway Trust Fund contract authority may be used for construction management costs. 

Providing Safety of Dams funds on a non-reimbursable basis. 


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Requiring the use of administrative and cost accounting principles for certain school construction projects and exempting such 

projects from certain requirements. 

Requiring conformance with building codes and health and safety 

standards. 

Specifying the procedure for dispute resolution. 

Limiting the control of construction projects when certain time 

frames have not been met. 

Allowing reimbursement of construction costs from the Office of 

Special Trustee. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

Limiting funds for administrative expenses and for subsidizing 

total loan principal. 

ADMINISTRATIVE PROVISIONS

Allowing the use of funds for direct expenditure, contracts, cooperative agreements, compacts, and grants. 

Allowing contracting for the San Carlos Irrigation Project. 

Limiting the use of funds for certain contracts, grants and cooperative agreements. 

Allowing Tribes to return appropriated funds. 

Prohibiting funding of Alaska schools. 

Limiting the number of schools and the expansion of grade levels 

in individual schools. 

Specifying distribution of indirect and administrative costs for 

certain Tribes. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY, SALARIES AND EXPENSES

Allowing the use of certain funds for official reception and representation expenses. 

Permitting payments to former Bureau of Mines workers. 

Allowing certain refunds of overpayments in connection with certain Indian leases. 

Providing two percent deduction of State royalties to help cover 

Federal administrative costs. 

Designating funds for mineral revenue management activities. 

Extending mandatory funding for Payment in Lieu of Taxes. 

Allowing certain payments authorized for the Payments in Lieu 

of Taxes Program to be retained for administrative expenses. 

Providing that no Payments in Lieu of Taxes Program payment 

be made to otherwise eligible units of local government if the computed amount of the payment is less than $100. 

Providing that a payment made to a unit of general local government for fiscal year 2013 may be reduced by the Secretary to correct overpayments, and increased by the Secretary to correct underpayments, to such unit of local government for the previous fiscal year. 

Providing that to the extent that the aggregate increases in payment required in the preceding proviso exceed the aggregate reductions in payment under such proviso, the amount necessary to 

cover any remaining underpayment shall be taken as a prorated reduction to all payments. 


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INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

Designating funds for various programs and for salaries and expenses of the Office of Insular Affairs and providing until expended 

for the former. 

Allowing audits of the financial transactions of the Territorial 

and Insular governments by the GAO. 

Providing grant funding under certain terms of the Agreement of 

the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands. 

Providing for capital infrastructure in various Territories. 

Allowing appropriations for disaster assistance to be used as nonFederal matching funds for hazard mitigation grants. 

COMPACT OF FREE ASSOCIATION

Providing grants to Palau, the Marshall Islands, and Micronesia. 

ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS

Allowing, at the request of the Governor of Guam, for certain discretionary and mandatory funds to be used to assist securing certain rural electrification loans through the U.S. Department of Agriculture. 

Allowing the Secretary to redistribute capital improvement funds 

in the territories based on expenditure rates. 

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

Limiting the amount of funding available for the historical accounting of Indian trust fund accounts. 

Allowing transfers to other Department of the Interior accounts. 

Providing no-year funding for certain Indian Self Determination 

Act grants. 

Specifying that the statute of limitations shall not commence on 

any claim resulting from trust funds losses. 

Exempting quarterly statements for Indian trust accounts $15 or 

less. 

Requiring annual statements and records maintenance for Indian 

trust accounts. 

Limiting use of funds to correct administrative errors in Indian 

trust accounts. 

Permitting the use of recoveries from erroneous payments pursuant to Indian trust accounts. 

DEPARTMENT-WIDE PROGRAMS 

WILDLAND FIRE MANAGEMENT

Providing funds for wildland fire management. 

Limiting funds for renovation or construction of fire facilities. 

Permitting the repayments of funds transferred from other accounts for firefighting. 

Permitting the use of funds for lodging and subsistence of firefighters. 


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Permitting the use of grants, contracts and cooperative agreements for hazardous fuels reduction, including cost-sharing and 

local assistance. 

Permitting cost-sharing of cooperative agreements with non-Federal entities under certain circumstances. 

Permitting reimbursement to the U.S. Fish and Wildlife Service 

and the National Marine Fisheries Service for consultation activities under the Endangered Species Act. 

Providing certain terms for leases of real property with local governments. 

Providing for the transfer of funds between the Department of 

the Interior and the Department of Agriculture for wildland fire 

management. 

Providing funds for support of Federal emergency response actions. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

Providing funds for the FLAME fund. 

CENTRAL HAZARDOUS MATERIALS FUND

Providing funds for response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act. 

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

Providing funds for activities to carry out the Comprehensive Environmental Response, Compensation, and Liability Act, the Federal Water Pollution Control Act, the Oil Pollution Act of 1990, and 

Public Law 101–337. 

WORKING CAPITAL FUND

Allowing funds for the financial and business management system and information technology improvement. 

Prohibiting use of funds to establish reserves in the working capital fund with exceptions. 

Allowing assessments for reasonable charges for training services 

at the National Indian Program Center and use of these funds 

hereafter under certain conditions. 

Providing 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 PROVISIONS

Allowing acquisition of certain aircraft. 

Allowing the sale of existing aircraft with proceeds used to offset 

the purchase price of replacement aircraft. 

Allowing for the transfer of certain aircraft and providing that 

such aircraft shall revert back to the Department of the Interior in 

the future is such aircraft is no longer needed. 


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GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

Allowing transfer of funds for certain reconstruction of facilities, 

aircraft or utilities in emergency situations. 

Allowing transfer of funds in certain emergency situations, including wildfires and oil spill response, if other funds provided in 

other accounts will be exhausted within 30 days and a supplemental appropriation is requested as promptly as possible. 

Permitting the Department to use limited funding for certain 

services. 

Permitting the transfer of funds between the Bureau of Indian 

Affairs and the Office of Special Trustee for American Indians and 

limiting amounts for historical accounting activities. 

Allowing payment of attorney fees for Federal employees related 

to the Cobell v. Salazar litigation. 

Providing the authority for the Secretary to collect nonrefundable 

inspection fees. 

Providing the authority for the Secretary to implement an oil and 

gas leasing Internet program. 

Permitting the reorganization of the Bureau of Ocean Energy 

Management, Enforcement and Regulation. 

Authorizing the use of Indian education funds to benefit schools 

re-assumed by the Bureau of Indian Education. 

Permitting the Secretary of the Interior to enter into long-term 

agreements for wild horse and burro holding facilities. 

Requiring the U.S. Fish and Wildlife Service to mark hatchery 

salmon. 

Requiring the exhaustion of administrative review before litigants may file in Federal court. 

Providing an exemption for trailing livestock in fiscal years 2013 

and 2014. 

Prohibiting the use of funds to implement, administer or enforce 

Secretarial Order 3310. 

Making corrections on claim maintenance fee amendments. 

Extending the deadline for the Indian Law and Order Commission to report to Congress. 

Requiring the Secretary of the Interior to issue a final rule pursuant to the Endangered Species Act. 

Extending National Heritage Area authorities. 

Providing the BLM and BIA with certain hiring authorities. 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

Providing for operating expenses in support of research and development. 

Designating funding for National Priorities research as specified 

in the explanatory statement to this Act. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

Allowing hire and maintenance of passenger motor vehicles and 

operation of aircraft and purchase of reprints and 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. 


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Limiting amounts for official representation and reception expenses. 

Providing two-year funding availability for administrative costs 

of Brownfields program. 

Designating funding for specific Geographic Programs as specified in the explanatory statement to this Act. 

Designating funding for National Priorities as specified in the explanatory statement to this Act. 

HAZARDOUS SUBSTANCE SUPERFUND

Allowing distribution of funds to purchase services from other 

agencies under certain circumstances. 

Providing for the transfer of funds within certain agency accounts. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

Providing for grants to Federally-recognized Indian Tribes. 

STATE AND TRIBAL ASSISTANCE GRANTS

Limiting funding amounts for certain programs. 

Specifies funding for capitalization grants for the Clean Water 

and Drinking Water State Revolving Funds and allows certain 

amounts for additional subsidies. 

Designating funds for specific sections of law. 

Limits the amount of funds for section 104(k) for certain activities. 

Providing certain grants under authority of section 103, Clean 

Air Act. 

Providing funding for environmental information exchange network initiatives grants, statistical surveys of water resources and 

enhancements to State monitoring programs, tribal grants, and underground storage tank projects. 

Providing waivers for certain uses of Clean Water and Drinking 

Water State Revolving Funds for State administrative costs for 

grants to Federally-recognized Indian Tribes and grants to specific 

Territories and Freely Associated States. 

Requiring that not less than 20 percent but not more that 30 percent of Clean Water and Drinking Water funds shall be used by 

States for forgiveness of principal or negative interest loans. 

Prohibiting the use of funds for jurisdictions that permit development or construction of additional colonia areas. 

ADMINISTRATIVE PROVISIONS

Allowing awards of grants to Federally-recognized Indian Tribes. 

Authorizing the collection and obligation of pesticide registration 

service fees. 

Allowing the transfer of funds from the ‘‘Environmental Programs and Management’’ account to support the Great Lakes Restoration Initiative and provides for certain interagency agreements 

and grants to various entities in support of this effort. 

Providing amounts for construction, alteration, repair, rehabilitation, and renovation of facilities. 

Authorizing additional persons that may be hired under certain 

authorities. 


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TITLE III—RELATED AGENCIES 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

Providing funds for forest and rangeland research. 

Designating funds for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

Providing for forest health management, including treatments of 

certain pests or invasive plants, and for restoring damaged forests, 

and for cooperative forestry, education and land conservation activities, and conducting an international program. 

Deriving forest legacy funding from the Land and Water Conservation Fund. 

NATIONAL FOREST SYSTEM

Providing funds for the National Forest System. 

Designating funds for forest products. 

Depositing funds in the Collaborative Forest Landscape Restoration Fund. 

Designating funds in the Integrated Resource Restoration pilot 

program. 

CAPITAL IMPROVEMENT AND MAINTENANCE

Providing funds for construction, reconstruction, and maintenance and acquisition of buildings and other facilities and infrastructure; and for construction, capital improvement, decommissioning, and maintenance of forest roads and trails. 

Designating funds for the Legacy Road and Trail Remediation 

program. 

Requiring that funds becoming available in fiscal year 2012 for 

the road and trails fund (16 U.S.C. 501) shall be transferred to the 

Treasury. 

Transferring funds to the Integrated Resource Restoration pilot 

program. 

LAND ACQUISITION

Deriving funding from the Land and Water Conservation Fund. 

RANGE BETTERMENT FUND

Providing that six percent of range betterment funds may be 

used for administrative expenses. 

WILDLAND FIRE MANAGEMENT

Permitting the use of funds for emergency rehabilitation and restoration and hazardous fuels reduction to support emergency response and wildfire suppression. 

Allowing the use of wildland fire funds to repay advances from 

other accounts. 

Allowing reimbursement of States for certain wildfire emergency 

activities. 

Designating funds for the Joint Fire Sciences Program and extending research authorities to the program. 


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Allowing funds to be available for emergency rehabilitation, hazardous fuels reduction and emergency response. 

Designating funds for hazardous fuels reduction and national fire 

plan research. 

Designating funds for State fire assistance, volunteer fire assistance and forest health on Federal and State and private lands. 

Allowing the transfer of funds to other Forest Service accounts. 

Providing for cost-shared cooperative agreements. 

Providing for the transfer of funds for training and monitoring 

associated with hazardous fuels reduction as prescribed in a community wildfire protection plan. 

Allowing funds available for Community Forest Restoration Act 

to be used on non-federal land. 

Limiting the transfer of wildland fire management funds between the Department of the Interior and the Department of Agriculture. 

Providing for the use of hazardous fuels reduction funds for biomass grants. 

Limiting the assessment for cost pools from the FLAME Wildfire 

Suppression Reserve Fund. 

Permitting the transfer of funds for the Integrated Resources 

Restoration pilot. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

Providing fund for the FLAME fund. 

ADMINISTRATIVE PROVISIONS

Permitting the purchase of passenger motor vehicles and proceeds from the sale of aircraft may be used to purchase replacement aircraft. 

Allowing funds for certain employment contracts. 

Allowing funds to be used for purchase and alteration of buildings. 

Allowing for acquisition of certain lands and interests. 

Allowing expenses for certain volunteer activities. 

Providing for the cost of uniforms. 

Providing for debt collections on certain contracts. 

Allowing transfer of funds in certain emergency situations if all 

other funds provided for wildfire suppression will be obligated 

within 30 days and the Secretary notifies the Committees. 

Allowing funds to be used through the Agency for International 

Development for work in foreign countries and to support other forestry activities outside of the United States. 

Allowing the Forest Service, acting for the International Program, to sign certain funding agreements with foreign governments 

and institutions as well as with certain domestic agencies. 

Prohibiting the transfer of funds under the Department of Agriculture transfer authority under certain conditions and preventing 

reprogramming without advance approval of the Appropriations 

Committees. 

Limiting funds available for cost pools. 

Limiting the transfer of funds for the Working Capital Fund and 

Department Reimbursable Program (also known as Greenbook 

charges). 


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Limiting funds to support the Youth Conservation Corps and 

Public Lands Corps. 

Limiting the use of funds for official reception and representation 

expenses. 

Providing for matching funds for the National Forest Foundation. 

Providing for matching funds for the National Fish and Wildlife 

Foundation. 

Allowing funds to be used for technical assistance for certain 

rural communities. 

Allowing funds for payments to counties in the Columbia River 

Gorge National Scenic Area. 

Allowing funds to be used for the Older American Act. 

Permitting funding assessments for facilities maintenance, rent, 

utilities, and other support services. 

Limiting funds to reimburse the Office of General Counsel at the 

Department of Agriculture. 

Permitting eligible employees to be considered a Federal Employee. 

Requiring the Forest Service to request expedited environmental 

review for rehabilitation from large wildfires. 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

Providing that tribal contract and grant funding is deemed obligated at the time of grant or contract award and remains available 

until expended. 

Providing no-year funds for contract medical care including the 

Indian Catastrophic Health Emergency Fund. 

Providing for certain funding to be allocated at the discretion of 

the Director. 

Providing for loan repayment under sections 104 and 108 of the 

Indian Health Care Improvement Act with certain conditions and 

making the funds available for certain other purposes. 

Providing funding and allocation direction for the methamphetamine, domestic violence, and substance abuse programs. 

Providing that certain contracts and grants may be performed in 

two fiscal years. 

Providing for use of collections and reporting of collections under 

Title IV of the Indian Health Care Improvement Act. 

Providing no-year funding for scholarship funds. 

Exempting certain tribal funding from fiscal year constraints. 

Limiting contract support cost spending. 

Providing for the collection of individually identifiable health information relating to the Americans with Disabilities Act by the 

Bureau of Indian Affairs. 

Permitting the use of Indian Health Care Improvement Fund 

monies for facilities improvement and providing no-year funding 

availability. 

INDIAN HEALTH FACILITIES

Providing that facilities funds may be used to purchase land, 

modular buildings and trailers. 

Providing for TRANSAM equipment to be purchased from the 

Department of Defense. 


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Prohibiting the use of funds for sanitation facilities for new 

homes funded by the Department of Housing and Urban Development. 

Allowing for the purchase of ambulances. 

Providing for a demolition fund. 

ADMINISTRATIVE PROVISIONS

Providing for per diem expenses for senior level positions. 

Providing for payments for telephone service in private residences in the field, purchase of motor vehicles, aircraft and reprints. 

Providing for purchase and erection of modular buildings. 

Providing funds for uniforms. 

Allowing funding to be used for attendance at professional meetings. 

Providing that health care may be extended to non-Indians at Indian Health Service facilities, subject to charges, and for the expenditure of collected funds. 

Providing for transfers of funds from the Department of Housing 

and Urban Development to the Indian Health Service. 

Prohibiting limitations on certain Federal travel and transportation expenses. 

Limiting the use of funds for assessments or charges by the Department of Health and Human Services except under certain conditions. 

Allowing de-obligation and re-obligation of funds applied to selfgovernance funding agreements. 

Prohibiting the expenditure of funds to implement new eligibility 

regulations. 

Permitting certain reimbursements for goods and services provided to Tribes. 

Providing that reimbursements for training, technical assistance, 

or services include total costs. 

Prohibiting changing the appropriations structure without approval of the Appropriations Committees. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

Providing for the conduct of health studies, testing, and monitoring. 

Designating funds for Individual Learning Accounts and providing no-year funding. 

Providing deadlines for health assessments and studies. 

Limiting use of funds for administrative costs. 

Limiting the number of toxicological profiles. 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

Limiting the use of funds for official reception and representation 

expenses. 

Designating the appointment and duties of the chairman. 


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

Permitting use of funds for hire of passenger vehicles, uniforms 

or allowances, and limiting the use of funds for per diem expenses 

and the number of senior level positions. 

Providing for the appointment of the EPA, Inspector General to 

serve as Inspector General for the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

Defining eligible relocatees. 

Prohibiting movement of any single Navajo or Navajo family unless a new or replacement home is available. 

Limiting re-locatees to one new or replacement home. 

Establishing a priority for relocation of Navajos to those certified 

eligible who have selected and received homesites on the Navajo 

reservation or selected a replacement residence off the Navajo reservation. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

Limiting certain lease terms. 

Providing for purchase of passenger vehicles and certain rental, 

repair and cleaning of uniforms. 

Designating funds for certain programs including the National 

Museum of African American History and Culture and providing 

no-year funds. 

Providing that funds may be used to support American overseas 

research centers. 

Allowing for advance payments to independent contractors performing research services or participating in official Smithsonian 

presentations. 

FACILITIES CAPITAL

Designating funds for maintenance, repair, rehabilitation, and 

construction and for consultant services. 

Providing funding to continue construction of the National Museum of African American History and Culture. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

Allowing payment in advance for membership in library, museum, and art associations or societies. 

Allowing for purchase, repair, and cleaning of uniforms for 

guards and employees and allowances therefor. 

Allowing purchase or rental of devices for protecting buildings 

and contents thereof, and maintenance, alteration, improvement, 

and repair of buildings, approaches, and grounds. 

Providing for restoration and repair of works of art by contract 

under certain circumstances. 

Providing no-year funds for special exhibitions. 


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REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

Providing lease agreements of no more than 10 years addressing 

space needs created by renovations under the Master Facilities 

Plan. 

Permitting the Gallery to perform work by contract under certain 

circumstances. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

Providing funds to the John F. Kennedy Center for the Performing Arts Kennedy Center for operational and maintenance 

costs. 

CAPITAL REPAIR AND RESTORATION

Providing funds to the John F. Kennedy Center for the Performing Arts Kennedy Center for facility repair. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

Providing funds to the Woodrow Wilson Center for Scholars. 

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

Provides funds for the support of projects and productions in the 

arts, including arts education and public outreach activities. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

Specifies funds to carry out the matching grants program. 

Allowing obligation of National Endowment for the Humanities 

current and prior year funds from gifts, bequests, and devises of 

money for which equal amounts have not previously been appropriated. 

ADMINISTRATIVE PROVISIONS, NATIONAL FOUNDATION ON THE ARTS

AND THE HUMANITIES

Prohibiting the use of funds for grants and contracts which do 

not include the text of 18 U.S.C. 1913. 

Prohibiting the use of appropriated funds and permitting the use 

of non-appropriated funds for reception expenses. 

Allowing the chairperson of the National Endowment for the Arts 

to approve small grants under certain circumstances. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

Permitting the charging and use of fees for its publications and 

accepting gifts related to the history of the Nation’s Capital. 


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NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

Providing funding for the National Capital Arts and Cultural Affairs. 

NATIONAL CAPITAL PLANNING COMMISSION

Providing funding for the National Capital Planning Commission. 

Providing that one-quarter of one percent may be used for official 

reception and representational expenses. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

Designating funds for equipment replacement and for repair, rehabilitation and for exhibition design and production and providing 

no year availability for these funds. 

TITLE IV—GENERAL PROVISIONS 

Providing for public availability of information on consulting 

services contracts. 

Prohibiting the use of funds to promote or oppose legislative proposals on which Congressional action is incomplete. 

Providing for annual appropriations unless expressly provided 

otherwise in this Act. 

Requiring assessments against programs in this bill to be presented to the Committee for approval. 

Limiting funds for sale of giant sequoia trees in a manner different from the past. 

Continuing a limitation on accepting and processing applications 

for patents and on the patenting of Federal lands; permitting processing of grandfathered applications; and permitting third-party 

contractors to process grandfathered applications. 

Limiting the use of funds for contract support costs on Indian 

contracts. 

Limiting funds for completing or issuing the five-year program 

under the Forest and Rangeland Renewable Resources Planning 

Act. 

Limiting leasing and preleasing activities within National Monuments. 

Limiting takings for acquisition of lands except under certain 

conditions. 

Modifying a provision addressing timber sales involving Alaskan 

Red Cedar. 

Modifying a provision continuing certain authorities to renew 

grazing permits or leases administered by the Forest Service or Department of the Interior. 

Prohibiting funds to enter into certain no-bid contracts except 

under certain conditions. 

Requiring reports to Congress to be posted on public agency 

websites. 

Continuing a provision that delineates grant guidelines for the 

National Endowment for the Arts. 

Continuing a provision that delineates program priorities for the 

programs managed by the National Endowment for the Arts. 


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Providing guidance on matching grant awards and waive-ofmatch provisions to States. 

Requiring that the Department of the Interior, the EPA, the Forest Service, and the Indian Health Service provide the Committees 

on Appropriations a quarterly report on the status of balances of 

appropriations. 

Requiring a government-wide report regarding expenditures on 

climate change. 

Continuing a provision prohibiting the use of funds to promulgate or implement any regulation requiring the issuance of permits 

under title V of the Clean Air Act for carbon dioxide, nitrous oxide, 

water vapor, or methane emissions. 

Continuing a provision prohibiting the use of funds to implement 

any provision in a rule if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. 

Clarifying Silvicultural Operations under the Federal Water Pollution Control Act. 

Directing the Secretary of the Interior to reissue a final rule that 

shall not be subject to judicial review. 

Prohibiting the government from entering into contracts or 

agreements with any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months. 

Prohibiting funds for contracts or agreements with entities with 

unpaid Federal tax liabilities that have not entered into payment 

agreements to remedy the liability. 

Extending the Herger-Feinstein Quincy Library Group Forestry 

Recovery Act. 

Extending the Good Neighbor Cooperative Conservation Authority to 16 western states. 

Requiring the Forest Service to identify land for fire stations 

within National Recreation Areas. 

Extending Forest Service cost recovery for special uses for five 

years. 

Allowing interpretive associations to partner with the Forest 

Service. 

Extending the authorized term for grazing permits and leases. 

Clarifying that the Forest Service may use designation by description and prescription. 

Prohibiting implementation of travel management rules in Region 5 of the Forest Service. 

Prohibiting the use of funds to develop, adopt, implement, administer, or enforce a change or supplement to a rule or guidance 

documents pertaining to the definition of waters under the Federal 

Water Pollution Control Act. 

Prohibiting the use of funds to develop, carry out, implement, or 

enforce proposed regulations published on June 18, 2010. 

Prohibiting the use of funds to expand the stormwater discharge 

program under section 402(p) of the Federal Water Pollution Control Act until certain criteria are met. 

Clarifying the current Appeals Reform Act requirements for Forest Service Activities. 

Prohibiting the use of funds to limit recreational shooting and 

hunting on Federal and public lands except for public safety. 


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Prohibiting the use of funds to implement the National Ocean 

Policy under Executive Order 13547 and requiring a report identifying Federal expenditures for the development, administration, 

and implementation of such Policy. 

Establishing a pilot program for vessels to demonstrate alternative methods to comply with emissions control area standards. 

Precluding the need for a municipal separate storm sewer system 

permit under certain conditions. 

Applying Buy American requirements to the Clean Water and 

Drinking Water State Revolving Funds. 

Prohibiting EPA from using funds to implement, administer, or 

enforce the lead renovation rule until EPA has approved a commercially available lead test kit. 

Prohibiting EPA from using funds to prepare, propose, promulgate, finalize, implement, or enforce regulations for greenhouse gas 

emissions from new motor vehicles or motor engines after model 

year 2016, and granting a waiver to a State or political subdivision 

thereof to adopt or enforce standards for greenhouse gas emissions 

from new motor vehicles or motor engines after model year 2016. 

Prohibiting EPA from using funds to finalize proposed guidance 

on false or misleading pesticide labels. 

Prohibiting EPA from using funds to implement, administer, or 

enforce NESHAP regulations for asbestos with respect to residential buildings with four or fewer dwelling units unless such buildings meet certain criteria. 

Prohibiting EPA from using funds to develop, propose, finalize, 

implement, enforce, or administer any regulation that would establish new financial responsibility requirements under CERCLA. 

Prohibiting the use of funds to develop, issue, implement, or enforce any greenhouse gas New Source Performance Standards on 

any new or existing source that is an electric utility generating 

unit. 

Directing EPA to begin development of a seventh addition of a 

cost manual 

Directing EPA to solicit comments on revising an air quality 

model. 

Establishing a Spending Reduction Account as required by Section 3(j) of H. Res. 5. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law: 

[Dollars in thousands] 

Last year of 

authorization Authorization level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

Bureau of Land Management: 

All discretionary programs .............................................. 2002 Such sums... 1,681,437 1,076,678 

U.S. Fish and Wildlife Service: 

Endangered Species Act (16 U.S.C. 1531 et seq.) ........ 1992 41,500 42,373 132,017 

Partners for Fish and Wildlife Act (16 U.S.C. 3771 et 

seq.) ............................................................................ 2011 75,000 60,134 41,156 

National Wildlife Refuge Volunteer Act (16 U.S.C. 742f 

note) ........................................................................... 2009 2,000 2,000 1,705 

Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.) 2010 2,000 2,000 N/A 


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[Dollars in thousands] 

Last year of 

authorization 

Authorization 

level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

Junior Duck Stamp Conservation and Design Program 

Act .............................................................................. 2010 350 250 250 

Nonindigenous Aquatic Nuisance Species Prevention 

and Control Act (16 U.S.C. 4701 et seq.) ................. 2002 6,000 6,000 N/A 

Marine Mammal Protection Act (16 U.S.C. 1361 et 

seq.) ............................................................................ 1999 14,768 2,008 4,972 

National Fish and Wildlife Foundation Establishment 

Act (16 U.S.C. 3701 et seq.) ..................................... 2010 25,000 7,537 7,525 

North American Wetlands Conservation Act (16 U.S.C. 

4401 et seq.) .............................................................. 2012 75,000 35,497 22,333 

Neotropical Migratory Bird Conservation Act (16 U.S.C. 

6101 et seq.) .............................................................. 2010 6,500 5,000 1,893 

African Elephant Conservation Act (16 U.S.C. 4201 et 

seq.) ............................................................................ 2012 5,000 1,645 823 

Rhinoceros and Tiger Conservation Act (16 U.S.C. 5301 

et seq.) ....................................................................... 2012 10,000 2,471 1,236 

Asian Elephant Conservation Act (16 U.S.C. 4201 et 

seq.) ............................................................................ 2012 5,000 1,645 823 

Great Ape Conservation Act (16 U.S.C. 6301 et seq.) ... 2010 5,000 2,500 1,030 

Marine Turtle Conservation Act (16 U.S.C. 6601) .......... 2009 5,000 2,000 823 

U.S. Geological Survey 

National Earthquake Hazards Reduction Program Reauthorization Act (42 U.S.C. 7701 et seq.) ................... 2009 88,900 88,900 44,125 

Water Resources Research Act (42 U.S.C. 10301 et 

seq.) ............................................................................ 2011 80,000 6,490 6,490 

Energy Independence and Security Act (Carbon Sequestration Program) (42 U.S.C. 17271) .......................... 2012 30,000 8,986 7,186 

Energy Independence and Security Act (Geothermal Energy Resources Program) (42 U.S.C. 17271) ............. 2012 75,000 1,495 1,495 

Bureau of Indian Affairs 

The No Child Left Behind Act (20 U.S.C. 7401 et seq.) 2007 Such sums... 549,293 671,662 

Environmental Protection Agency: 

Hazardous Substance Superfund .................................... 1994 5,100,000 1,480,853 1,164,917 

Clean Air Act ................................................................... 1997 Such sums... 450,000 583,979 

Clean Water Act .............................................................. 1990 135,000 ...................... 336,677 

National Estuary Program ............................................... 2010 35,000 33,000 27,014 

Great Lakes ..................................................................... 2008 79,000 60,000 250,000 

Lake Champlain Basin ................................................... 2008 11,000 3,000 1,399 

Long Island Sound Restoration ...................................... 2010 40,000 7,000 2,962 

Lake Pontchartrain .......................................................... 2011 20,000 1,000 955 

Chesapeake Bay Restoration .......................................... 2005 40,000 23,000 50,000 

FIFRA ............................................................................... 1991 95,000 112,000 110,348 

Toxic Substances Control Act ......................................... 1983 62,000 69,000 97,678 

Resource Conservation Act—General Authorization ...... 1988 80,000 75,000 112,469 

Environmental Education ................................................ 1996 9,000 9,000 0 

State and Tribal Assistance Grants: 

Alaska Native Villages ........................................... 2000 15,000 Not available 0 

BEACH Act .............................................................. 2005 30,000 9,920 0 

Brownfields Projects .............................................. 2006 200,000 89,000 60,000 

Clean Water SRF .................................................... 1992 1,800,000 2,400,000 689,000 

CERCLA/Brownfields Cat Grant ............................. 2006 50,000 49,000 47,752 

Drinking Water SRF ................................................ 2003 1,000,000 963,000 829,000 

Grants for State Public Water ............................... 2003 100,000 93,000 105,320 

Lead Containment Control Act of 1988 ................ 1992 Such sums... Not available 14,572 

Non-Point Source Management Program ............... 1991 130,000 51,000 150,505 

Pollution Prevention Act ......................................... 1993 8,000 6,800 4,922 

Radon Abatement Act ............................................ 1991 10,000 9,000 8,045 

State Hazardous Waste Program Grants ............... 1988 60,000 67,000 102,974 

Toxic Substances Control Act ................................ 1983 1,500 5,100 5,081 

Underground Injection Control Grants ................... 2003 15,000 11,000 10,852 

USDA Forest Service, National Forest Foundation ................... 1997 Such sums... 2,000 3,000 

National Endowment for the Arts ............................................ 1993 Such sums... 174,460 132,000 

National Endowment for the Humanities ................................ 1993 Such sums... 177,403 132,000 


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COMPARISON WITH BUDGET RESOLUTION

Section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93–344), as amended, requires that the report accompanying a bill providing new budget 

authority contain a statement detailing how the authority compares with the reports submitted under section 302 of the Act for 

the most recently agreed to concurrent resolution on the budget for 

the fiscal year. This information follows: 

[In millions of dollars] 

Budget authority Outlays 

Committee 

allocation 

Amount of 

bill 

Committee 

allocation 

Amount of 

bill 

Comparison of amounts in the bill with Committee allocations 

to its subcommittees: Subcommittee on Interior, Environment 

and Related Agencies 

General purpose discretionary .............................................. 28,000 27,602 31,058 1 30,641 

Mandatory ............................................................................. 58 58 58 58 

1 Includes outlays from prior-year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget Act of 1974 (Public Law 93–344), as amended, the following 

table contains five-year projections associated with the budget authority provided in the accompanying bill: 

[In millions of dollars] 

Budget authority Outlays 

Committee 

allocation 

Amount of 

bill 

Committee 

allocation 

Amount of 

bill 

Projection of outlays associated with the recommendation: 

2013 ...................................................................................... .................... .................... .................... 2 18,479 

2014 ...................................................................................... .................... .................... .................... 5,557 

2015 ...................................................................................... .................... .................... .................... 2,143 

2016 ...................................................................................... .................... .................... .................... 938 

2017 and future years .......................................................... .................... .................... .................... 435 

2 Excludes outlays from prior-year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget Act of 1974 (Public Law 93–344), as amended, the financial 

assistance to State and local governments is as follows: 

[In millions of dollars] 

Budget authority Outlays 

Committee 

allocation 

Amount of bill Committee 

allocation 

Amount of bill 

Financial assistance to State and local governments for 2013 .. n.a. 4,977 n.a. 2 2,242 

2 Excludes outlays from prior-year budget authority. 

n.a.: Not applicable. 

CONSTITUTIONAL AUTHORITY

Pursuant to section 6(e) of the rules of the Committee on Appropriations, the following statement is submitted regarding the specific powers granted to Congress in the Constitution to enact the 

accompanying bill: 


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The principal constitutional authority for this legislation is 

clause 7 of section 9 of article I of the Constitution of the United 

States which States ‘‘No money shall be drawn from the Treasury, 

but in Consequence of Appropriations made by Law. . . .’’ Appropriations contained in this Act are made pursuant to this specific 

power granted by the Constitution. 

DETAILED TABLE OF FUNDING RECOMMENDATIONS

The following table provides the amounts recommended by the 

Committee compared with the budget estimates by activity and 

sub-activity. The reprogramming guidelines apply to levels outlined 

below. 


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MINORITY VIEWS 

With its significant funding cuts and numerous special interest 

riders and funding limitations, the FY 2013 Interior, Environment, 

and Related Agencies Appropriations bill falls far short of what is 

needed to advance the preservation of America’s great natural and 

cultural heritage or to protect the environment and public health. 

Consequently, we cannot support the bill in its current form. 

We are extremely disappointed that House Republicans walked 

away from the bipartisan agreement to establish $1.047 trillion as 

the Committee’s allocation. This action has introduced uncertainty 

about the discretionary allocation for fiscal year 2013 and about 

whether the majority will again threaten to shut down government. 

This uncertainty will inevitably slow down the appropriations process. If their austere House allocation were allowed to stand, it 

would stall economic growth and impede job creation. 

We are already seeing the impact of the majority’s decision. As 

a result of the blind adherence to their House budget resolution, 

Republicans have saddled the Interior, Environment, and Related 

Agencies Subcommittee with an unacceptable and unrealistic 

302(b) allocation. The $28 billion allocated to the subcommittee is 

$1.2 billion below FY 2012 appropriations and $1.7 billion below 

the President’s request. This has resulted in a large number of 

deep and unsustainable cuts to a whole host of important programs 

funded under the bill. 

We appreciate that even as he labored under the severely constrained committee allocation, Chairman Simpson carried out his 

duties in an open and collaborative manner. Our working relationship with him has been excellent. The chairman is to be commended for his diligence in chairing 16 budget hearings this past 

spring and receiving testimony from nearly 140 witnesses. 

As much as we appreciate the process, we can’t support the product. When it comes to funding, there is little good news in this bill. 

The list of cuts is long and deep. The U.S. Fish and Wildlife Service would be cut by $316 million 

below current appropriations; an incredible 21 percent cut in their 

budget. A broad range of programs would see sizeable cuts, including a $48 million cut to the National Wildlife Refuge System, a $42 

million cut to endangered species, and a $19.5 million cut to migratory birds, law enforcement, and international conservation. In committee, we attempted to restore the $48 million cut to the 

National Wildlife Refuge System, using as an offset increased oil 

and gas public health and safety inspection fees, which had been 

requested, this year and last, by the Administration and which 

Congress approved last year but only for offshore oil and gas operations. Unfortunately, the Republican majority again chose to side 

with the oil and gas companies and continue to require taxpayers 

to foot the bill for inspections of onshore oil and gas operations. 


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The U.S. Geological Survey, one of our nation’s premier science 

agencies, would be cut by $101 million below current appropriations. These cuts would negatively impact a range of science programs, including fisheries, wildlife and terrestrial (¥$28.7 million) 

and natural hazards (¥$27.1 million). 

The Land and Water Conservation Fund (LWCF) program would 

be funded at just $66 million, a cut of $279 million or 80 percent 

below current appropriations and the lowest level since the fund’s 

creation. The reduction to the LWCF is part of an unfortunate pattern of cuts to conservation and recreation programs. The bill 

would also cut funding for the National Landscape Conservation 

System by one-third; with recreation, heritage and wilderness in 

the Forest Service being cut by $21 million. 

The National Endowment for the Arts (NEA) and the National 

Endowment for the Humanities (NEH) would each be cut by $14 

million below FY 2012. The $132 million proposed to be provided 

to each would be below the FY 2008 funding level. This lack of 

funding is shortsighted since the programs of the NEA and NEH 

not only advance the quality of life in our communities but also 

provide an important economic boost to numerous towns and cities 

across America. 

These cuts, as significant as they are, pale in comparison to the 

proposed cuts to the Environmental Protection Agency (EPA). The 

majority proposes to cut the agency by $1.4 billion or 17 percent 

below current levels. While there are some Republicans who claim 

these cuts as a badge of honor, the impact of such cuts would put 

at risk the very health and safety of Americans. 

EPA’s science and technology programs would be cut by $55 million; geographic programs by $63 million; water quality and health 

programs by $29 million; and Hazardous Substances Superffind by 

$49 million. 

The Safe Drinking Water and Clean Drinking Water Revolving 

Funds would cut by $866 million. These are important programs 

that protect our drinking water; prevent the spread of waterborne 

diseases and create thousands of jobs in our communities in a sector with high unemployment. 

On a bipartisan basis, the bill protects the social, health, and 

education programs of Native Americans. We also appreciate the 

majority’s efforts to provide the necessary funds to meet our 

Wildland firefighting needs. We only wish that needed resources 

could have been extended to the many other worthy and important 

programs funded by the bill, including climate change programs 

that address the actions that have intensified the severity of the 

forest fires burning in the western United States. 

As bad as the funding is in this bill, we are equally concerned 

about and strongly oppose the numerous special interest riders and 

funding limitations included in the legislation. The breadth and 

scope of these provisions are wide ranging and if allowed to stand, 

they would do serious harm to our environment. 

Wolf delisting, suspension of Clean Air and Clean Water Act enforcement, and the blocking of the National Oceans policy are just 

a few of these problematic provisions. While we will give some 

credit to the majority for not including as many riders and limitaVerDate Mar 15 2010 03:51 Jul 11, 2012 Jkt 074897 PO 00000 Frm 00196 Fmt 6604 Sfmt 6604 E:\HR\OC\HR589.XXX HR589

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tions in this year’s bill as they did in their FY 2012 proposal, there 

are still far too many controversial and divisive provisions. 

Nearly a dozen of these provisions are new this year, and five of 

them make permanent changes in law. As an example, there are 

three grazing provisions alone on this list. Each of them constitutes 

permanent law, including permanent changes to administrative appeal procedures; permanent extension of grazing permits without 

the required National Environmental Policy Act (NEPA) review; 

and a permanent change in the term of a grazing permit from 10 

to 20 years. 

Also tucked into the legislation is a provision for the benefit of 

the hardrock mining industry. The committee approved language 

that would prevent the EPA from even proposing a rule to require 

hardrock mine owners’ to provide financial assurance. Unless 

hardrock mine operators provide such financial assurance, taxpayers will likely be left to pay the bill in cases where a mine operator releases hazardous waste, abandons the mine site, or files for 

bankruptcy. 

The Government Accountability Office (GAO) in 2011 testimony, 

noted that between fiscal years 1998 and 2007, the Bureau of Land 

Management, the Forest Service, EPA, and the Office of Surface 

Mining spent at least $2.6 billion (in 2008 constant dollars) to reclaim abandoned hardrock mines. Of the four agencies, EPA has 

spent the most, about $2.2 billion (in constant 2008 dollars) for 

mine clean ups. We strongly oppose this provision which will help 

shield private, foreign-controlled mining companies from their financial responsibilities and leave taxpayers vulnerable for the cost 

of mine clean ups. 

Efforts to substantially modify environmental and natural resource management policy, including blocking implementation and 

enforcement of current or proposed rules and making permanent 

changes in law, should take place under the purview of the authorizing committees, after hearings and real debate, and not be quietly 

slipped into appropriations bills. 

We are hopeful that as this appropriations bill moves through 

the legislative process, its fiscal and legislative shortcomings can be 

corrected so that in the end we may have a bipartisan bill that protects the environment and enhances the preservation and use of 

the resources our nation has been blessed with. 

NORM DICKS. 

JIM MORAN. 

Æ 


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