IB 

Union Calendar No. 323 

112TH CONGRESS 

2D SESSION H. R. 5325 

[Report No. 112–462] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2013, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2012 

Mr. FRELINGHUYSEN, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2013, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2013, and for other pur7 poses, namely: 

8 TITLE I—CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super13 vision of the Chief of Engineers for authorized civil func14 tions of the Department of the Army pertaining to river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related efforts. 

17 INVESTIGATIONS

18 For expenses necessary where authorized by law for 

19 the collection and study of basic information pertaining 

20 to river and harbor, flood and storm damage reduction, 

21 shore protection, aquatic ecosystem restoration, and re22 lated needs; for surveys and detailed studies, and plans 

23 and specifications of proposed river and harbor, flood and 

24 storm damage reduction, shore protection, and aquatic 

25 ecosystem restoration, projects and related efforts prior to 


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1 construction; for restudy of authorized projects; and for 

2 miscellaneous investigations, and, when authorized by law, 

3 surveys and detailed studies, and plans and specifications 

4 of projects prior to construction, $102,000,000, to remain 

5 available until expended. 

6 CONSTRUCTION

7 For expenses necessary for the construction of river 

8 and harbor, flood and storm damage reduction, shore pro9 tection, aquatic ecosystem restoration, and related 

10 projects authorized by law; for conducting detailed studies, 

11 and plans and specifications, of such projects (including 

12 those involving participation by States, local governments, 

13 or private groups) authorized or made eligible for selection 

14 by law (but such detailed studies, and plans and specifica15 tions, shall not constitute a commitment of the Govern16 ment to construction); $1,477,284,000, to remain avail17 able until expended; of which such sums as are necessary 

18 to cover the Federal share of construction costs for facili19 ties under the Dredged Material Disposal Facilities pro20 gram shall be derived from the Harbor Maintenance Trust 

21 Fund as authorized by Public Law 104–303; and of which 

22 such sums as are necessary to cover one-half of the costs 

23 of construction, replacement, rehabilitation, and expansion 

24 of inland waterways projects shall be derived from the In25 land Waterways Trust Fund: Provided, That the limitaVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 tion concerning total project costs in section 902 of the 

2 Water Resources Development Act of 1986, as amended 

3 (33 U.S.C. 2280), shall not apply during fiscal year 2013 

4 to any project that receives funds provided in this title. 

5 MISSISSIPPI RIVER AND TRIBUTARIES

6 For expenses necessary for flood damage reduction 

7 projects and related efforts in the Mississippi River allu8 vial valley below Cape Girardeau, Missouri, as authorized 

9 by law, $224,000,000, to remain available until expended, 

10 of which such sums as are necessary to cover the Federal 

11 share of eligible operation and maintenance costs for in12 land harbors shall be derived from the Harbor Mainte13 nance Trust Fund. 

14 OPERATION AND MAINTENANCE

15 For expenses necessary for the operation, mainte16 nance, and care of existing river and harbor, flood and 

17 storm damage reduction, aquatic ecosystem restoration, 

18 and related projects authorized by law; providing security 

19 for infrastructure owned or operated by the Corps, includ20 ing administrative buildings and laboratories; maintaining 

21 harbor channels provided by a State, municipality, or 

22 other public agency that serve essential navigation needs 

23 of general commerce, where authorized by law; surveying 

24 and charting northern and northwestern lakes and con25 necting waters; clearing and straightening channels; and 


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1 removing obstructions to navigation, $2,507,409,000, to 

2 remain available until expended, of which such sums as 

3 are necessary to cover the Federal share of eligible oper4 ation and maintenance costs for coastal harbors and chan5 nels, and for inland harbors shall be derived from the Har6 bor Maintenance Trust Fund; of which such sums as be7 come available from the special account for the Corps of 

8 Engineers established by the Land and Water Conserva9 tion Fund Act of 1965 shall be derived from that account 

10 for resource protection, research, interpretation, and 

11 maintenance activities related to resource protection in the 

12 areas at which outdoor recreation is available; and of 

13 which such sums as become available from fees collected 

14 under section 217 of Public Law 104–303 shall be used 

15 to cover the cost of operation and maintenance of the 

16 dredged material disposal facilities for which such fees 

17 have been collected: Provided, That 1 percent of the total 

18 amount of funds provided for each of the programs, 

19 projects or activities funded under this heading shall not 

20 be allocated to a field operating activity prior to the begin21 ning of the fourth quarter of the fiscal year and shall be 

22 available for use by the Chief of Engineers to fund such 

23 emergency activities as the Chief of Engineers determines 

24 to be necessary and appropriate, and that the Chief of En25 gineers shall allocate during the fourth quarter any reVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 maining funds which have not been used for emergency 

2 activities proportionally in accordance with the amounts 

3 provided for the programs, projects or activities. 

4 REGULATORY PROGRAM

5 For expenses necessary for administration of laws 

6 pertaining to regulation of navigable waters and wetlands, 

7 $190,000,000, to remain available until September 30, 

8 2014. 

9 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

10 For expenses necessary to clean up contamination 

11 from sites in the United States resulting from work per12 formed as part of the Nation’s early atomic energy pro13 gram, $104,000,000, to remain available until expended. 

14 FLOOD CONTROL AND COASTAL EMERGENCIES

15 For expenses necessary to prepare for flood, hurri16 cane, and other natural disasters and support emergency 

17 operations, repairs, and other activities in response to 

18 such disasters as authorized by law, $27,000,000, to re19 main available until expended. 

20 EXPENSES

21 For expenses necessary for the supervision and gen22 eral administration of the civil works program in the head23 quarters of the Corps of Engineers and the offices of the 

24 Division Engineers; and for costs of management and op25 eration of the Humphreys Engineer Center Support ActivVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 ity, the Institute for Water Resources, the United States 

2 Army Engineer Research and Development Center, and 

3 the United States Army Corps of Engineers Finance Cen4 ter allocable to the civil works program, $177,500,000, to 

5 remain available until September 30, 2014, of which not 

6 to exceed $5,000 may be used for official reception and 

7 representation purposes and only during the current fiscal 

8 year: Provided, That no part of any other appropriation 

9 provided in title I of this Act shall be available to fund 

10 the civil works activities of the Office of the Chief of Engi11 neers or the civil works executive direction and manage12 ment activities of the division offices: Provided further, 

13 That any Flood Control and Coastal Emergencies appro14 priation may be used to fund the supervision and general 

15 administration of emergency operations, repairs, and other 

16 activities in response to any flood, hurricane, or other nat17 ural disaster. 

18 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

19 FOR CIVIL WORKS

20 For the Office of the Assistant Secretary of the Army 

21 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

22 $5,000,000, to remain available until September 30, 2014. 

23 ADMINISTRATIVE PROVISION

24 The Revolving Fund, Corps of Engineers, shall be 

25 available during the current fiscal year for purchase (not 


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1 to exceed 100 for replacement only) and hire of passenger 

2 motor vehicles for the civil works program. 

3 GENERAL PROVISIONS, CORPS OF 

4 ENGINEERS—CIVIL 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 101. (a) None of the funds provided in this title 

7 shall be available for obligation or expenditure through a 

8 reprogramming of funds that–– 

9 (1) creates or initiates a new program, project, 

10 or activity; 

11 (2) eliminates a program, project, or activity; 

12 (3) increases funds or personnel for any pro13 gram, project, or activity for which funds are denied 

14 or restricted by this Act; 

15 (4) reduces funds that are directed to be used 

16 for a specific program, project, or activity by this 

17 Act; 

18 (5) increases funds for any program, project, or 

19 activity by more than $2,000,000 or 10 percent, 

20 whichever is less; or 

21 (6) reduces funds for any program, project, or 

22 activity by more than $2,000,000 or 10 percent, 

23 whichever is less. 

24 (b) Subsection (a)(1) shall not apply to any project 

25 or activity authorized under section 205 of the Flood ConVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 trol Act of 1948, section 14 of the Flood Control Act of 

2 1946, section 208 of the Flood Control Act of 1954, sec3 tion 107 of the River and Harbor Act of 1960, section 

4 103 of the River and Harbor Act of 1962, section 111 

5 of the River and Harbor Act of 1968, section 1135 of the 

6 Water Resources Development Act of 1986, section 206 

7 of the Water Resources Development Act of 1996, or sec8 tion 204 of the Water Resources Development Act of 

9 1992. 

10 (c) The Corps of Engineers shall submit reports on 

11 a quarterly basis to the Committees on Appropriations of 

12 the House of Representatives and the Senate detailing all 

13 the funds reprogrammed between programs, projects, ac14 tivities, or categories of funding. The first quarterly report 

15 shall be submitted not later than 60 days after the date 

16 of enactment of this Act. 

17 SEC. 102. None of the funds made available in this 

18 title may be used to award or modify any contract that 

19 commits funds beyond the amounts appropriated for that 

20 program, project, or activity that remain unobligated, ex21 cept that such amounts may include any funds that have 

22 been made available through reprogramming pursuant to 

23 section 101. 

24 SEC. 103. None of the funds in this Act, or previous 

25 Acts, making funds available for Energy and Water DevelVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 opment, shall be used to award any continuing contract 

2 that commits additional funding from the Inland Water3 ways Trust Fund unless or until such time that a long4 term mechanism to enhance revenues in this Fund suffi5 cient to meet the cost-sharing authorized in the Water Re6 sources Development Act of 1986 (Public Law 99–662) 

7 is enacted. 

8 SEC. 104. Within 120 days of the date of the Chief 

9 of Engineers Report on a water resource matter, the As10 sistant Secretary of the Army (Civil Works) shall submit 

11 the report to the appropriate authorizing and appro12 priating committees of the Congress. 

13 SEC. 105. During the fiscal year period covered by 

14 this Act, the Secretary of the Army is authorized to imple15 ment measures recommended in the efficacy study author16 ized under section 3061 of the Water Resources Develop17 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

18 with such modifications or emergency measures as the 

19 Secretary of the Army determines to be appropriate, to 

20 prevent aquatic nuisance species from dispersing into the 

21 Great Lakes by way of any hydrologic connection between 

22 the Great Lakes and the Mississippi River Basin. 

23 SEC. 106. The Secretary of the Army may transfer 

24 to the Fish and Wildlife Service, and the Fish and Wildlife 

25 Service may accept and expend, up to $4,300,000 of funds 


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1 provided in this title under the heading ‘‘Operation and 

2 Maintenance’’ to mitigate for fisheries lost due to Corps 

3 of Engineers projects. 

4 SEC. 107. None of the funds appropriated in this Act 

5 shall be available for use by the Chicago District of the 

6 United States Army Corps of Engineers to fund any travel 

7 that is outside of the District’s area of operation unless 

8 such travel is directly project-related or is specifically re9 quested by a Member of Congress. 

10 SEC. 108. Of the funds provided for ‘‘Olmsted Locks 

11 and Dam, Ohio River, IL & KY’’ in the table under the 

12 heading ‘‘Corps of Engineers–Civil—Construction’’ in the 

13 report of the Committee on Appropriations accompanying 

14 this Act, not more than 50 percent may be available for 

15 obligation until— 

16 (1) the Corps of Engineers completes a review 

17 of the project, including method of construction; 

18 (2) the Corps of Engineers develops a plan for 

19 the expeditious completion of project construction; 

20 (3) the findings of the review and the project 

21 completion plan have been communicated to the ap22 propriate committees of the Congress. 

23 SEC. 109. Amounts made available by this Act for 

24 the ‘‘Investigations’’, ‘‘Construction’’, and ‘‘Operation and 

25 Maintenance’’ accounts of the Corps of Engineers may not 


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1 be used as provided under the heading ‘‘Additional Fund2 ing for Ongoing Work’’ in the matter relating to each such 

3 account in the report of the Committee on Appropriations 

4 to accompany this Act until the report required under 

5 such heading is submitted. 

6 SEC. 110. None of the funds made available by this 

7 Act or any subsequent Act making appropriations for En8 ergy and Water Development may be used by the Corps 

9 of Engineers to develop, adopt, implement, administer, or 

10 enforce a change or supplement to the rule dated Novem11 ber 13, 1986, or guidance documents dated January 15, 

12 2003, and December 2, 2008, pertaining to the definition 

13 of waters under the jurisdiction of the Federal Water Pol14 lution Control Act (33 U.S.C. 1251 et seq.). 

15 SEC. 111. As of the date of enactment of this Act 

16 and thereafter, the Secretary of the Army shall not pro17 mulgate or enforce any regulation that prohibits an indi18 vidual from possessing a firearm, including an assembled 

19 or functional firearm, at a water resources development 

20 project covered under section 327.0 of title 36, Code of 

21 Federal Regulations (as in effect on the date of enactment 

22 of this Act), if— 

23 (1) the individual is not otherwise prohibited by 

24 law from possessing the firearm; and 


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1 (2) the possession of the firearm is in compli2 ance with the law of the State in which the water 

3 resources development project is located. 

4 TITLE II—DEPARTMENT OF THE INTERIOR 

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central 

8 Utah Project Completion Act, $19,700,000, to remain 

9 available until expended, of which $1,200,000 shall be de10 posited into the Utah Reclamation Mitigation and Con11 servation Account for use by the Utah Reclamation Miti12 gation and Conservation Commission. In addition, for nec13 essary expenses incurred in carrying out related respon14 sibilities of the Secretary of the Interior, $1,300,000. 

15 For fiscal year 2013, the Commission may use an 

16 amount not to exceed $1,500,000 for administrative ex17 penses. 

18 BUREAU OF RECLAMATION

19 The following appropriations shall be expended to 

20 execute authorized functions of the Bureau of Reclama21 tion: 

22 WATER AND RELATED RESOURCES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For management, development, and restoration of 

25 water and related natural resources and for related activiVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 ties, including the operation, maintenance, and rehabilita2 tion of reclamation and other facilities, participation in 

3 fulfilling related Federal responsibilities to Native Ameri4 cans, and related grants to, and cooperative and other 

5 agreements with, State and local governments, federally 

6 recognized Indian tribes, and others, $833,635,000, to re7 main available until expended, of which $29,000 shall be 

8 available for transfer to the Upper Colorado River Basin 

9 Fund and $6,985,000 shall be available for transfer to the 

10 Lower Colorado River Basin Development Fund; of which 

11 such amounts as may be necessary may be advanced to 

12 the Colorado River Dam Fund: Provided, That such trans13 fers may be increased or decreased within the overall ap14 propriation under this heading: Provided further, That of 

15 the total appropriated, the amount for program activities 

16 that can be financed by the Reclamation Fund or the Bu17 reau of Reclamation special fee account established by 16 

18 U.S.C. 6806 shall be derived from that Fund or account: 

19 Provided further, That funds contributed under 43 U.S.C. 

20 395 are available until expended for the purposes for 

21 which contributed: Provided further, That funds advanced 

22 under 43 U.S.C. 397a shall be credited to this account 

23 and are available until expended for the same purposes 

24 as the sums appropriated under this heading: Provided 

25 further, That of the amounts provided herein, funds may 


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1 be used for high priority projects which shall be carried 

2 out by the Youth Conservation Corps, as authorized by 

3 16 U.S.C. 1706. 

4 CENTRAL VALLEY PROJECT RESTORATION FUND

5 For carrying out the programs, projects, plans, habi6 tat restoration, improvement, and acquisition provisions of 

7 the Central Valley Project Improvement Act, $39,883,000, 

8 to be derived from such sums as may be collected in the 

9 Central Valley Project Restoration Fund pursuant to sec10 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

11 102–575, to remain available until expended: Provided, 

12 That the Bureau of Reclamation is directed to assess and 

13 collect the full amount of the additional mitigation and 

14 restoration payments authorized by section 3407(d) of 

15 Public Law 102–575: Provided further, That none of the 

16 funds made available under this heading may be used for 

17 the acquisition or leasing of water for in-stream purposes 

18 if the water is already committed to in-stream purposes 

19 by a court adopted decree or order. 

20 CALIFORNIA BAY-DELTA RESTORATION

21 (INCLUDING TRANSFERS OF FUNDS)

22 For carrying out activities authorized by the Water 

23 Supply, Reliability, and Environmental Improvement Act, 

24 consistent with plans to be approved by the Secretary of 

25 the Interior, $36,000,000, to remain available until exVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 pended, of which such amounts as may be necessary to 

2 carry out such activities may be transferred to appropriate 

3 accounts of other participating Federal agencies to carry 

4 out authorized purposes: Provided, That funds appro5 priated herein may be used for the Federal share of the 

6 costs of CALFED Program management: Provided fur7 ther, That the use of any funds provided to the California 

8 Bay-Delta Authority for program-wide management and 

9 oversight activities shall be subject to the approval of the 

10 Secretary of the Interior: Provided further, That CALFED 

11 implementation shall be carried out in a balanced manner 

12 with clear performance measures demonstrating concur13 rent progress in achieving the goals and objectives of the 

14 Program. 

15 POLICY AND ADMINISTRATION

16 For necessary expenses of policy, administration, and 

17 related functions in the Office of the Commissioner, the 

18 Denver office, and offices in the five regions of the Bureau 

19 of Reclamation, to remain available until September 30, 

20 2014, $57,000,000, to be derived from the Reclamation 

21 Fund and be nonreimbursable as provided in 43 U.S.C. 

22 377: Provided, That no part of any other appropriation 

23 in this Act shall be available for activities or functions 

24 budgeted as policy and administration expenses. 


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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed five passenger 

4 motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE 

6 INTERIOR 

7 SEC. 201. (a) None of the funds provided in this title 

8 shall be available for obligation or expenditure through a 

9 reprogramming of funds that— 

10 (1) creates or initiates a new program, project, 

11 or activity; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds for any program, project, or 

14 activity for which funds have been denied or re15 stricted by this Act; 

16 (4) restarts or resumes any program, project or 

17 activity for which funds are not provided in this Act, 

18 unless prior approval is received from the Commit19 tees on Appropriations of the House of Representa20 tives and the Senate; 

21 (5) transfers funds in excess of the following 

22 limits— 

23 (A) 15 percent for any program, project or 

24 activity for which $2,000,000 or more is avail25 able at the beginning of the fiscal year; or 


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1 (B) $300,000 for any program, project or 

2 activity for which less than $2,000,000 is avail3 able at the beginning of the fiscal year; 

4 (6) transfers more than $500,000 from either 

5 the Facilities Operation, Maintenance, and Rehabili6 tation category or the Resources Management and 

7 Development category to any program, project, or 

8 activity in the other category; or 

9 (7) transfers, when necessary to discharge legal 

10 obligations of the Bureau of Reclamation, more than 

11 $5,000,000 to provide adequate funds for settled 

12 contractor claims, increased contractor earnings due 

13 to accelerated rates of operations, and real estate de14 ficiency judgments. 

15 (b) Subsection (a)(5) shall not apply to any transfer 

16 of funds within the Facilities Operation, Maintenance, and 

17 Rehabilitation category. 

18 (c) For purposes of this section, the term ‘‘transfer’’ 

19 means any movement of funds into or out of a program, 

20 project, or activity. 

21 (d) The Bureau of Reclamation shall submit reports 

22 on a quarterly basis to the Committees on Appropriations 

23 of the House of Representatives and the Senate detailing 

24 all the funds reprogrammed between programs, projects, 

25 activities, or categories of funding. The first quarterly reVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 port shall be submitted not later than 60 days after the 

2 date of enactment of this Act. 

3 SEC. 202. (a) None of the funds appropriated or oth4 erwise made available by this Act may be used to deter5 mine the final point of discharge for the interceptor drain 

6 for the San Luis Unit until development by the Secretary 

7 of the Interior and the State of California of a plan, which 

8 shall conform to the water quality standards of the State 

9 of California as approved by the Administrator of the En10 vironmental Protection Agency, to minimize any detri11 mental effect of the San Luis drainage waters. 

12 (b) The costs of the Kesterson Reservoir Cleanup 

13 Program and the costs of the San Joaquin Valley Drain14 age Program shall be classified by the Secretary of the 

15 Interior as reimbursable or nonreimbursable and collected 

16 until fully repaid pursuant to the ‘‘Cleanup Program-Al17 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

18 Repayment Plan’’ described in the report entitled ‘‘Repay19 ment Report, Kesterson Reservoir Cleanup Program and 

20 San Joaquin Valley Drainage Program, February 1995’’, 

21 prepared by the Department of the Interior, Bureau of 

22 Reclamation. Any future obligations of funds by the 

23 United States relating to, or providing for, drainage serv24 ice or drainage studies for the San Luis Unit shall be fully 


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1 reimbursable by San Luis Unit beneficiaries of such serv2 ice or studies pursuant to Federal reclamation law. 

3 TITLE III—DEPARTMENT OF ENERGY 

4 ENERGY PROGRAMS 

5 ENERGY EFFICIENCY AND RENEWABLE ENERGY

6 (INCLUDING RESCISSION OF FUNDS)

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for energy 

10 efficiency and renewable energy activities in carrying out 

11 the purposes of the Department of Energy Organization 

12 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $1,450,960,000 to remain available until expended: Pro16 vided, That of such amount, $115,000,000 shall be avail17 able until September 30, 2014, for program direction: Pro18 vided further, That for the purposes of allocating weather19 ization assistance funds to States and tribes during fiscal 

20 year 2013, the Secretary of Energy may waive the alloca21 tion formula established pursuant to section 414(a) of the 

22 Energy Conservation and Production Act (42 U.S.C. 

23 6864(a)): Provided further, That of the unobligated bal24 ances from prior year appropriations available under this 

25 heading, $69,667,000 is hereby permanently rescinded: 


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1 Provided further, That no amounts may be rescinded from 

2 amounts that were designated by the Congress as an 

3 emergency requirement pursuant to the Concurrent Reso4 lution on the Budget or the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for elec10 tricity delivery and energy reliability activities in carrying 

11 out the purposes of the Department of Energy Organiza12 tion Act (42 U.S.C. 7101 et seq.), including the acquisi13 tion or condemnation of any real property or any facility 

14 or for plant or facility acquisition, construction, or expan15 sion, $123,000,000, to remain available until expended: 

16 Provided, That of such amount, $27,600,000 shall be 

17 available until September 30, 2014, for program direction. 

18 NUCLEAR ENERGY

19 For Department of Energy expenses including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment, and other expenses necessary for nuclear 

22 energy activities in carrying out the purposes of the De23 partment of Energy Organization Act (42 U.S.C. 7101 et 

24 seq.), including the acquisition or condemnation of any 

25 real property or any facility or for plant or facility acquisiVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 tion, construction, or expansion, and the purchase of not 

2 more than 10 buses and 2 ambulances, all for replacement 

3 only, $765,391,000, to remain available until expended, 

4 of which $10,000,000 shall be derived from the Nuclear 

5 Waste Fund established in section 302 (c) of the Nuclear 

6 Waste Policy Act of 1982 (42 U.S.C. 10222(c)), to be 

7 made available only to support the high-level waste geo8 logic repository at Yucca Mountain: Provided, That, of the 

9 amount made available under this heading, $90,015,000 

10 shall be available until September 30, 2014, for program 

11 direction. 

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For necessary expenses in carrying out fossil energy 

14 research and development activities, under the authority 

15 of the Department of Energy Organization Act (Public 

16 Law 95-91), including the acquisition of interest, includ17 ing defeasible and equitable interests in any real property 

18 or any facility or for plant or facility acquisition or expan19 sion, and for conducting inquiries, technological investiga20 tions and research concerning the extraction, processing, 

21 use, and disposal of mineral substances without objection22 able social and environmental costs (30 U.S.C. 3, 1602, 

23 and 1603), $554,000,000, to remain available until ex24 pended: Provided, That of such amount, $115,753,000 

25 shall be available until September 30, 2014, for program 


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1 direction: Provided further, That for all programs funded 

2 under Fossil Energy appropriations in this Act or any 

3 other Act, the Secretary of Energy may vest fee title or 

4 other property interests acquired under projects in any en5 tity, including the United States. 

6 NAVAL PETROLEUM AND OIL SHALE RESERVES

7 For expenses necessary to carry out naval petroleum 

8 and oil shale reserve activities, $14,909,000, to remain 

9 available until expended: Provided, That, notwithstanding 

10 any other provision of law, unobligated funds remaining 

11 from prior years shall be available for all naval petroleum 

12 and oil shale reserve activities. 

13 ELK HILLS SCHOOL LANDS FUND

14 For necessary expenses in fulfilling the final payment 

15 under the Settlement Agreement entered into by the 

16 United States and the State of California on October 11, 

17 1996, as authorized by section 3415 of Public Law 104– 

18 106, $15,579,815, for payment to the State of California 

19 for the State Teachers’ Retirement Fund, of which 

20 $15,579,815 shall be derived from the Elk Hills School 

21 Lands Fund. 

22 STRATEGIC PETROLEUM RESERVE

23 For necessary expenses for Strategic Petroleum Re24 serve facility development and operations and program 

25 management activities pursuant to the Energy Policy and 


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1 Conservation Act of 1975, as amended (42 U.S.C. 6201 

2 et seq.), $195,609,000, to remain available until expended. 

3 NORTHEAST HOME HEATING OIL RESERVE

4 (INCLUDING RESCISSION OF FUNDS)

5 For necessary expenses for Northeast Home Heating 

6 Oil Reserve storage, operation, and management activities 

7 pursuant to the Energy Policy and Conservation Act, 

8 $10,119,000, to remain available until expended: Pro9 vided, That of the unobligated balances from prior year 

10 appropriations available under this heading, $6,000,000 is 

11 hereby permanently rescinded: Provided further, That no 

12 amounts may be rescinded from amounts that were des13 ignated by the Congress as an emergency requirement 

14 pursuant to the Concurrent Resolution on the Budget or 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities 

19 of the Energy Information Administration, $100,000,000 

20 to remain available until expended. 

21 NON-DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the 


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1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

4 or facility acquisition, construction, or expansion, 

5 $198,506,000, to remain available until expended. 

6 URANIUM ENRICHMENT DECONTAMINATION AND

7 DECOMMISSIONING FUND

8 For necessary expenses in carrying out uranium en9 richment facility decontamination and decommissioning, 

10 remedial actions, and other activities of title II of the 

11 Atomic Energy Act of 1954, and title X, subtitle A, of 

12 the Energy Policy Act of 1992, $425,493,000 to be de13 rived from the Uranium Enrichment Decontamination and 

14 Decommissioning Fund, to remain available until ex15 pended. 

16 SCIENCE

17 (INCLUDING RESCISSION OF FUNDS)

18 For Department of Energy expenses including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment, and other expenses necessary for science 

21 activities in carrying out the purposes of the Department 

22 of Energy Organization Act (42 U.S.C. 7101 et seq.), in23 cluding the acquisition or condemnation of any real prop24 erty or facility or for plant or facility acquisition, construc25 tion, or expansion, and purchase of not more than 25 pasVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 senger motor vehicles for replacement only, including one 

2 ambulance and one bus, $4,824,931,000, to remain avail3 able until expended: Provided, That of such amount, 

4 $185,000,000 shall be available until September 30, 2014, 

5 for program direction: Provided further, That of the unob6 ligated balances from appropriations available under this 

7 heading, $23,500,000 is hereby permanently rescinded: 

8 Provided further, That no amounts may be rescinded from 

9 amounts that were designated by the Congress as an 

10 emergency requirement pursuant to the Concurrent Reso11 lution on the Budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

14 For necessary expenses in carrying out the activities 

15 authorized by section 5012 of the America COMPETES 

16 Act (Public Law 110–69), as amended, $200,000,000, to 

17 remain available until expended: Provided, That of such 

18 amount, $20,000,000 shall be available until September 

19 30, 2014, for program direction. 

20 NUCLEAR WASTE DISPOSAL

21 For nuclear waste disposal activities to carry out the 

22 purposes of the Nuclear Waste Policy Act of 1982, Public 

23 Law 97-425, as amended (the ‘‘NWPA’’), $25,000,000, 

24 to remain available until expended, and to be derived from 

25 the Nuclear Waste Fund established in section 302(c) of 


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1 such Act (42 U.S.C. 10222(c)), to be made available only 

2 to support the Yucca Mountain license application: Pro3 vided, That not less than $5,000,000 of funds made avail4 able under this heading shall be made available only for 

5 assistance to affected units of local government which have 

6 given formal consent to the Secretary of Energy to host 

7 a high-level waste repository as authorized by the NWPA. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received 

11 from borrowers pursuant to section 1702(b)(2) of the En12 ergy Policy Act of 2005 under this heading in prior Acts, 

13 shall be collected in accordance with section 502(7) of the 

14 Congressional Budget Act of 1974: Provided, That, for 

15 necessary administrative expenses to carry out this Loan 

16 Guarantee program, $38,000,000 is appropriated, to re17 main available until September 30, 2014: Provided further, 

18 That $38,000,000 of the fees collected pursuant to section 

19 1702(h) of the Energy Policy Act of 2005 shall be credited 

20 as offsetting collections to this account to cover adminis21 trative expenses and shall remain available until expended, 

22 so as to result in a final fiscal year 2013 appropriation 

23 from the general fund estimated at not more than $0: Pro24 vided further, That fees collected under section 1702(h) 


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1 in excess of the amount appropriated for administrative 

2 expenses shall not be available until appropriated. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOAN PROGRAM

5 For administrative expenses in carrying out the Ad6 vanced Technology Vehicles Manufacturing Loan Pro7 gram, $6,000,000, to remain available until September 30, 

8 2014. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), including the hire 

14 of passenger motor vehicles and official reception and rep15 resentation expenses not to exceed $30,000, 

16 $230,783,000, to remain available until September 30, 

17 2014, plus such additional amounts as necessary to cover 

18 increases in the estimated amount of cost of work for oth19 ers notwithstanding the provisions of the Anti-Deficiency 

20 Act (31 U.S.C. 1511 et seq.): Provided, That such in21 creases in cost of work are offset by revenue increases of 

22 the same or greater amount, to remain available until ex23 pended: Provided further, That moneys received by the De24 partment for miscellaneous revenues estimated to total 

25 $108,188,000 in fiscal year 2013 may be retained and 


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1 used for operating expenses within this account, and may 

2 remain available until expended, as authorized by section 

3 201 of Public Law 95–238, notwithstanding the provisions 

4 of 31 U.S.C. 3302: Provided further, That the sum herein 

5 appropriated shall be reduced by the amount of miscella6 neous revenues received during 2013, and any related ap7 propriated receipt account balances remaining from prior 

8 years’ miscellaneous revenues, so as to result in a final 

9 fiscal year 2013 appropriation from the general fund esti10 mated at not more than $122,595,000. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For necessary expenses of the Office of the Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, as amended, $43,468,000, to remain 

15 available until September 30, 2014. 

16 ATOMIC ENERGY DEFENSE ACTIVITIES 

17 NATIONAL NUCLEAR SECURITY 

18 ADMINISTRATION 

19 WEAPONS ACTIVITIES

20 (INCLUDING RESCISSION OF FUNDS)

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other incidental expenses necessary for 

24 atomic energy defense weapons activities in carrying out 

25 the purposes of the Department of Energy Organization 


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1 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 and the purchase of not to exceed one ambulance, 

5 $7,577,341,000, to remain available until expended: Pro6 vided, That of the unobligated balances from prior year 

7 appropriations available under this heading, $65,000,000 

8 is hereby permanently rescinded: Provided further, That 

9 no amounts may be rescinded from amounts that were 

10 designated by the Congress as an emergency requirement 

11 pursuant to the Concurrent Resolution on the Budget or 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 DEFENSE NUCLEAR NONPROLIFERATION

15 (INCLUDING RESCISSION OF FUNDS)

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other incidental expenses necessary for 

19 defense nuclear nonproliferation activities, in carrying out 

20 the purposes of the Department of Energy Organization 

21 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

22 condemnation of any real property or any facility or for 

23 plant or facility acquisition, construction, or expansion, 

24 and the purchase of not to exceed one passenger motor 

25 vehicle for replacement only, $2,283,024,000, to remain 


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1 available until expended: Provided, That of the unobli2 gated balances from prior year appropriations available 

3 under this heading, $7,000,000 is hereby permanently re4 scinded: Provided further, That no amounts may be re5 scinded from amounts that were designated by the Con6 gress as an emergency requirement pursuant to the Con7 current Resolution on the Budget or the Balanced Budget 

8 and Emergency Deficit Control Act of 1985. 

9 NAVAL REACTORS

10 For Department of Energy expenses necessary for 

11 naval reactors activities to carry out the Department of 

12 Energy Organization Act (42 U.S.C. 7101 et seq.), includ13 ing the acquisition (by purchase, condemnation, construc14 tion, or otherwise) of real property, plant, and capital 

15 equipment, facilities, and facility expansion, 

16 $1,086,635,000, to remain available until expended: Pro17 vided, That of such amount, $43,212,000 shall be avail18 able until September 30, 2014, for program direction. 

19 OFFICE OF THE ADMINISTRATOR

20 For necessary expenses of the Office of the Adminis21 trator in the National Nuclear Security Administration, 

22 including official reception and representation expenses 

23 not to exceed $12,000, $400,000,000, to remain available 

24 until September 30, 2014. 


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1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 (INCLUDING RESCISSION OF FUNDS)

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other expenses necessary for atomic 

8 energy defense environmental cleanup activities in car9 rying out the purposes of the Department of Energy Orga10 nization Act (42 U.S.C. 7101 et seq.), including the acqui11 sition or condemnation of any real property or any facility 

12 or for plant or facility acquisition, construction, or expan13 sion, and the purchase of not to exceed one ambulance 

14 and one fire truck for replacement only, $4,930,078,000, 

15 to remain available until expended: Provided, That of such 

16 amount, $315,607,000 shall be available until September 

17 30, 2014, for program direction: Provided further, That 

18 of the unobligated balances from prior year appropriations 

19 available under this heading, $10,000,000 is hereby per20 manently rescinded: Provided further, That no amounts 

21 may be rescinded from amounts that were designated by 

22 the Congress as an emergency requirement pursuant to 

23 the Concurrent Resolution on the Budget or the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 


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1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for atomic 

5 energy defense, other defense activities, and classified ac6 tivities, in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, $813,364,000, to remain available 

11 until expended: Provided, That of such amount, 

12 $114,858,000 shall be available until September 30, 2014, 

13 for program direction. 

14 POWER MARKETING ADMINISTRATION 

15 BONNEVILLE POWER ADMINISTRATION FUND

16 Expenditures from the Bonneville Power Administra17 tion Fund, established pursuant to Public Law 93–454, 

18 are approved for construction of, or participating in the 

19 construction of, a high voltage line from Bonneville’s high 

20 voltage system to the service areas of requirements cus21 tomers located within Bonneville’s service area in southern 

22 Idaho, southern Montana, and western Wyoming; and 

23 such line may extend to, and interconnect in, the Pacific 

24 Northwest with lines between the Pacific Northwest and 

25 the Pacific Southwest, and for John Day Reprogramming 


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1 and Construction, the Columbia River Basin White Stur2 geon Hatchery, and Kelt Reconditioning and Reproductive 

3 Success Evaluation Research, and, in addition, for official 

4 reception and representation expenses in an amount not 

5 to exceed $7,000: Provided, That during fiscal year 2013, 

6 no new direct loan obligations may be made. 

7 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

8 ADMINISTRATION

9 For necessary expenses of operation and maintenance 

10 of power transmission facilities and of marketing electric 

11 power and energy, including transmission wheeling and 

12 ancillary services, pursuant to section 5 of the Flood Con13 trol Act of 1944 (16 U.S.C. 825s), as applied to the south14 eastern power area, and including official reception and 

15 representation expenses in an amount not to exceed 

16 $1,500, $8,732,000, to remain available until expended: 

17 Provided, That notwithstanding 31 U.S.C. 3302 and sec18 tion 5 of the Flood Control Act of 1944, up to $8,732,000 

19 collected by the Southeastern Power Administration from 

20 the sale of power and related services shall be credited to 

21 this account as discretionary offsetting collections, to re22 main available until expended for the sole purpose of fund23 ing the annual expenses of the Southeastern Power Ad24 ministration: Provided further, That the sum herein appro25 priated for annual expenses shall be reduced as collections 


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1 are received during the fiscal year so as to result in a final 

2 fiscal year 2013 appropriation estimated at not more than 

3 $0: Provided further, That, notwithstanding 31 U.S.C. 

4 3302, up to $87,696,000 collected by the Southeastern 

5 Power Administration pursuant to the Flood Control Act 

6 of 1944 to recover purchase power and wheeling expenses 

7 shall be credited to this account as offsetting collections, 

8 to remain available until expended for the sole purpose 

9 of making purchase power and wheeling expenditures: 

10 Provided further, That for purposes of this appropriation, 

11 annual expenses means expenditures that are generally re12 covered in the same year that they are incurred (excluding 

13 purchase power and wheeling expenses). 

14 OPERATION AND MAINTENANCE, SOUTHWESTERN

15 POWER ADMINISTRATION

16 For necessary expenses of operation and maintenance 

17 of power transmission facilities and of marketing electric 

18 power and energy, for construction and acquisition of 

19 transmission lines, substations and appurtenant facilities, 

20 and for administrative expenses, including official recep21 tion and representation expenses in an amount not to ex22 ceed $1,500 in carrying out section 5 of the Flood Control 

23 Act of 1944 (16 U.S.C. 825s), as applied to the South24 western Power Administration, $44,200,000, to remain 

25 available until expended: Provided, That notwithstanding 


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1 31 U.S.C. 3302 and section 5 of the Flood Control Act 

2 of 1944 (16 U.S.C. 825s), up to $32,308,000 collected 

3 by the Southwestern Power Administration from the sale 

4 of power and related services shall be credited to this ac5 count as discretionary offsetting collections, to remain 

6 available until expended, for the sole purpose of funding 

7 the annual expenses of the Southwestern Power Adminis8 tration: Provided further, That the sum herein appro9 priated for annual expenses shall be reduced as collections 

10 are received during the fiscal year so as to result in a final 

11 fiscal year 2013 appropriation estimated at not more than 

12 $11,892,000: Provided further, That, notwithstanding 31 

13 U.S.C. 3302, up to $41,000,000 collected by the South14 western Power Administration pursuant to the Flood Con15 trol Act of 1944 to recover purchase power and wheeling 

16 expenses shall be credited to this account as offsetting col17 lections, to remain available until expended for the sole 

18 purpose of making purchase power and wheeling expendi19 tures: Provided further, That, for purposes of this appro20 priation, annual expenses means expenditures that are 

21 generally recovered in the same year that they are in22 curred (excluding purchase power and wheeling expenses). 


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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $291,920,000, 

10 to remain available until expended, of which $281,702,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

13 3302, section 5 of the Flood Control Act of 1944 (16 

14 U.S.C. 825s), and section 1 of the Interior Department 

15 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

16 $195,790,000 collected by the Western Area Power Ad17 ministration from the sale of power and related services 

18 shall be credited to this account as discretionary offsetting 

19 collections, to remain available until expended, for the sole 

20 purpose of funding the annual expenses of the Western 

21 Area Power Administration: Provided further, That the 

22 sum herein appropriated for annual expenses shall be re23 duced as collections are received during the fiscal year so 

24 as to result in a final fiscal year 2013 appropriation esti25 mated at not more than $96,130,000, of which 


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1 $85,912,000 is derived from the Reclamation Fund: Pro2 vided further, That of the amount herein appropriated, not 

3 more than $3,375,000 is for deposit into the Utah Rec4 lamation Mitigation and Conservation Account pursuant 

5 to title IV of the Reclamation Projects Authorization and 

6 Adjustment Act of 1992: Provided further, That notwith7 standing 31 U.S.C. 3302, up to $242,858,000 collected 

8 by the Western Area Power Administration pursuant to 

9 the Flood Control Act of 1944 and the Reclamation 

10 Project Act of 1939 to recover purchase power and wheel11 ing expenses shall be credited to this account as offsetting 

12 collections, to remain available until expended for the sole 

13 purpose of making purchase power and wheeling expendi14 tures: Provided further, That for purposes of this appro15 priation, annual expenses means expenditures that are 

16 generally recovered in the same year that they are in17 curred (excluding purchase power and wheeling expenses). 

18 FALCON AND AMISTAD OPERATING AND MAINTENANCE

19 FUND

20 For operation, maintenance, and emergency costs for 

21 the hydroelectric facilities at the Falcon and Amistad 

22 Dams, $5,555,000, to remain available until expended, 

23 and to be derived from the Falcon and Amistad Operating 

24 and Maintenance Fund of the Western Area Power Ad25 ministration, as provided in section 2 of the Act of June 


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1 18, 1954 (68 Stat. 255) as amended: Provided, That not2 withstanding the provisions of that Act and of 31 U.S.C. 

3 3302, up to $5,335,000 collected by the Western Area 

4 Power Administration from the sale of power and related 

5 services from the Falcon and Amistad Dams shall be cred6 ited to this account as discretionary offsetting collections, 

7 to remain available until expended for the sole purpose 

8 of funding the annual expenses of the hydroelectric facili9 ties of these Dams and associated Western Area Power 

10 Administration activities: Provided further, That the sum 

11 herein appropriated for annual expenses shall be reduced 

12 as collections are received during the fiscal year so as to 

13 result in a final fiscal year 2013 appropriation estimated 

14 at not more than $220,000: Provided further, That for 

15 purposes of this appropriation, annual expenses means ex16 penditures that are generally recovered in the same year 

17 that they are incurred. 

18 FEDERAL ENERGY REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Energy Regu21 latory Commission to carry out the provisions of the De22 partment of Energy Organization Act (42 U.S.C. 7101 et 

23 seq.), including services as authorized by 5 U.S.C. 3109, 

24 the hire of passenger motor vehicles, and official reception 

25 and representation expenses not to exceed $3,000, 


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1 $304,600,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law, 

3 not to exceed $304,600,000 of revenues from fees and an4 nual charges, and other services and collections in fiscal 

5 year 2013 shall be retained and used for necessary ex6 penses in this account, and shall remain available until 

7 expended: Provided further, That the sum herein appro8 priated from the general fund shall be reduced as revenues 

9 are received during fiscal year 2013 so as to result in a 

10 final fiscal year 2013 appropriation from the general fund 

11 estimated at not more than $0. 

12 GENERAL PROVISIONS, DEPARTMENT OF 

13 ENERGY 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 301. (a) No appropriation, funds, or authority 

16 made available by this title for the Department of Energy 

17 shall be used to initiate or resume any program, project, 

18 or activity or to prepare or initiate Requests For Proposals 

19 or similar arrangements (including Requests for 

20 Quotations, Requests for Information, and Funding Op21 portunity Announcements) for a program, project, or ac22 tivity if the program, project, or activity has not been 

23 funded by Congress. 

24 (b) The Department of Energy may not, with respect 

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1 thority made available in this title under the heading ‘‘De2 partment of Energy—Energy Programs’’, enter into a 

3 multi-year contract, award a multi-year grant, or enter 

4 into a multi-year cooperative agreement unless: 

5 (1) the contract, grant, or cooperative agree6 ment is funded for the full period of performance as 

7 anticipated at the time of award; or 

8 (2) the contract, grant, or cooperative agree9 ment includes a clause conditioning the Federal Gov10 ernment’s obligation on the availability of future11 year budget authority and the Secretary notifies the 

12 Committee on Appropriations of the House of Rep13 resentatives and the Senate at least 14 days in ad14 vance. 

15 (c) Except as provided in subsections (d), (e), and 

16 (f), the amounts made available by this title shall be ex17 pended as authorized by law for the projects and activities 

18 specified in the ‘‘Bill’’ column in the ‘‘Department of En19 ergy’’ table or the text included under the heading ‘‘Title 

20 III—Department of Energy’’ in the report of the Com21 mittee on Appropriations accompanying this Act. 

22 (d) The amounts made available by this title may be 

23 reprogrammed for any program, project, or activity, and 

24 the Department shall notify the Committees on Appropria25 tions of the House of Representatives and the Senate at 


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1 least 30 days prior to the use of any proposed reprogram2 ming which would cause any program, project, or activity 

3 funding level to increase or decrease by more than 

4 $5,000,000 or 10 percent, whichever is less, during the 

5 time period covered by this Act. 

6 (e) None of the funds provided in this title shall be 

7 available for obligation or expenditure through a re8 programming of funds that— 

9 (1) creates, initiates, or eliminates a program, 

10 project, or activity; 

11 (2) increases funds or personnel for any pro12 gram, project, or activity for which funds are denied 

13 or restricted by this Act; or 

14 (3) reduces funds that are directed to be used 

15 for a specific program, project, or activity by this 

16 Act. 

17 (f)(1) The Secretary of Energy may waive any re18 quirement or restriction in this section that applies to the 

19 use of funds made available for the Department of Energy 

20 if compliance with such requirement or restriction would 

21 pose a substantial risk to human health, the environment, 

22 welfare, or national security. 

23 (2) The Secretary of Energy shall notify the Commit24 tees on Appropriations of any waiver under paragraph (1) 

25 as soon as practicable, but not later than 3 days after the 


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1 date of the activity to which a requirement or restriction 

2 would otherwise have applied. Such notice shall include an 

3 explanation of the substantial risk under paragraph (1) 

4 that permitted such waiver. 

5 SEC. 302. The unexpended balances of prior appro6 priations provided for activities in this Act may be avail7 able to the same appropriation accounts for such activities 

8 established pursuant to this title. Available balances may 

9 be merged with funds in the applicable established ac10 counts and thereafter may be accounted for as one fund 

11 for the same time period as originally enacted. 

12 SEC. 303. Funds appropriated by this or any other 

13 Act, or made available by the transfer of funds in this 

14 Act, for intelligence activities are deemed to be specifically 

15 authorized by the Congress for purposes of section 504 

16 of the National Security Act of 1947 (50 U.S.C. 414) dur17 ing fiscal year 2013 until the enactment of the Intelligence 

18 Authorization Act for fiscal year 2013. 

19 SEC. 304. None of the funds made available in this 

20 title shall be used for the construction of facilities classi21 fied as high-hazard nuclear facilities under 10 CFR Part 

22 830 unless independent oversight is conducted by the Of23 fice of Health, Safety, and Security to ensure the project 

24 is in compliance with nuclear safety requirements. 


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1 SEC. 305. None of the funds made available in this 

2 title may be used to approve a Critical Decision-2 or Crit3 ical Decision-3 under Department of Energy Order 

4 413.3B, or any successive departmental guidance, for con5 struction projects where the total project cost exceeds 

6 $100,000,000, until a separate independent cost estimate 

7 has been developed for the project for that critical deci8 sion. 

9 SEC. 306. None of the funds made available in this 

10 title may be used to make a grant allocation, discretionary 

11 grant award, discretionary contract award, or Other 

12 Transaction Agreement, or to issue a letter of intent, to13 taling in excess of $1,000,000, or to announce publicly the 

14 intention to make such an allocation, award, or Agree15 ment, or to issue such a letter, including a contract cov16 ered by the Federal Acquisition Regulation, unless the 

17 Secretary of Energy notifies the Committees on Appro18 priations of the Senate and the House of Representatives 

19 at least 3 full business days in advance of making such 

20 an allocation, award, or Agreement, or issuing such a let21 ter: Provided, That if the Secretary of Energy determines 

22 that compliance with this section would pose a substantial 

23 risk to human life, health, or safety, an allocation, award, 

24 or Agreement may be made, or a letter may be issued, 

25 without advance notification, and the Secretary shall noVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 tify the Committees on Appropriations of the Senate and 

2 the House of Representatives not later than 5 full business 

3 days after the date on which such an allocation, award, 

4 or Agreement is made or letter issued: Provided further, 

5 That the notification shall include the recipient of the 

6 award, the amount of the award, the fiscal year for which 

7 the funds for the award were appropriated, and the ac8 count and program from which the funds are being drawn, 

9 the title of the award, and a brief description of the activ10 ity for which the award is made. 

11 SEC. 307. None of the funds made available by this 

12 or any subsequent Act for fiscal year 2013 or any fiscal 

13 year hereafter may be used to pay the salaries of Depart14 ment of Energy employees to carry out section 407 of divi15 sion A of the American Recovery and Reinvestment Act 

16 of 2009. 

17 SEC. 308. Section 20320(c) of division B of Public 

18 Law 109–289, as added by Public Law 110–5, is amended 

19 by striking ‘‘an annual review’’ and inserting ‘‘a review 

20 every 3 years’’. 

21 SEC. 309. Not later than June 30, 2013, the Sec22 retary shall submit to the House and Senate Committees 

23 on Appropriations a tritium and enriched uranium man24 agement plan that provides: 


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1 (a) An assessment of the national security demand 

2 for tritium through 2060; 

3 (b) An assessment of the national security demand 

4 for low and highly enriched uranium through 2060; 

5 (c) A description of the Department of Energy’s plan 

6 to provide adequate amounts of tritium for national secu7 rity purposes through 2060, including the derivation of 

8 adequate supplies of enriched uranium and its use; 

9 (d) An analysis of planned and alternative tritium 

10 production technologies, including weapons dismantle11 ment; 

12 (e) An analysis of planned and alternative enriched 

13 uranium production technologies, including down-blend14 ing, which are available to meet the supply needs for na15 tional security programs through 2060. 

16 SEC. 310. None of the funds made available in this 

17 Act may be used for uranium transactions that do not con18 form to the excess uranium inventory management plan 

19 submitted pursuant to the Consolidated Appropriations 

20 Act, 2012. 

21 SEC. 311. No funds within this Act shall be expended 

22 to promulgate the final rule pursuant to Section 433 of 

23 the Energy Independence and Security Act of 2007, Pub. 

24 L. No. 110 – 140 (Dec. 19, 2007) (codified at 42 U.S.C. 

25 § 6834) and no funds shall be used to implement any final 


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1 rule implementing Section 433 of the Energy Independ2 ence and Security Act of 2007, Pub. L. No. 110 – 140 

3 (Dec. 19, 2007) (codified at 42 U.S.C. § 6834). 

4 SEC. 312. None of the funds made available in this 

5 title or funds available in the Bonneville Power Adminis6 tration Fund may be used by the Department of Energy 

7 for any new program, project, or activity required by or 

8 otherwise proposed in the memorandum from Steven Chu, 

9 Secretary of Energy, to the Power Marketing Administra10 tors with the subject line ‘‘Power Marketing Administra11 tions’ Role’’ and dated March 16, 2012. 

12 TITLE IV—INDEPENDENT AGENCIES 

13 APPALACHIAN REGIONAL COMMISSION

14 For expenses necessary to carry out the programs au15 thorized by the Appalachian Regional Development Act of 

16 1965, as amended, notwithstanding 40 U.S.C. 14704, and 

17 for necessary expenses for the Federal Co-Chairman and 

18 the Alternate on the Appalachian Regional Commission, 

19 for payment of the Federal share of the administrative ex20 penses of the Commission, including services as authorized 

21 by 5 U.S.C. 3109, and hire of passenger motor vehicles, 

22 $75,317,000, to remain available until expended. 


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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Defense Nuclear Fa4 cilities Safety Board in carrying out activities authorized 

5 by the Atomic Energy Act of 1954, as amended by Public 

6 Law 100–456, section 1441, $29,415,000, to remain 

7 available until September 30, 2014. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Delta Regional Author11 ity and to carry out its activities, as authorized by the 

12 Delta Regional Authority Act of 2000, as amended, not13 withstanding sections 382C(b)(2), 382F(d), 382M, and 

14 382N of said Act, $11,677,000, to remain available until 

15 expended. 

16 DENALI COMMISSION

17 For expenses of the Denali Commission including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment as necessary and other expenses, 

20 $10,679,000, to remain available until expended, notwith21 standing the limitations contained in section 306(g) of the 

22 Denali Commission Act of 1998: Provided, That funds 

23 shall be available for construction projects in an amount 

24 not to exceed 80 percent of total project cost for distressed 

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1 mission Act of 1998 (division C, title III, Public Law 105– 

2 277), as amended by section 701 of appendix D, title VII, 

3 Public Law 106–113 (113 Stat. 1501A–280), and an 

4 amount not to exceed 50 percent for non-distressed com5 munities. 

6 NORTHERN BORDER REGIONAL COMMISSION

7 For necessary expenses of the Northern Border Re8 gional Commission in carrying out activities authorized by 

9 subtitle V of title 40, United States Code, $1,425,000, to 

10 remain available until expended: Provided, That such 

11 amounts shall be available for administrative expenses, 

12 notwithstanding section 15751(b) of title 40, United 

13 States Code. 

14 SOUTHEAST CRESCENT REGIONAL COMMISSION

15 For necessary expenses of the Southeast Crescent Re16 gional Commission in carrying out activities authorized by 

17 subtitle V of title 40, United States Code, $250,000, to 

18 remain available until expended. 

19 NUCLEAR REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Commission in car22 rying out the purposes of the Energy Reorganization Act 

23 of 1974, as amended, and the Atomic Energy Act of 1954, 

24 as amended, including official representation expenses 

25 (not to exceed $25,000), $1,038,800,000, to remain availVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 able until expended: Provided, That of the amount appro2 priated herein, not more than $9,500,000 may be made 

3 available for salaries, travel, and other support costs for 

4 the Office of the Commission, of which, notwithstanding 

5 section 201(a)(2)(c) of the Energy Reorganization Act of 

6 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 

7 shall only be approved by a majority vote of the Commis8 sion: Provided further, That revenues from licensing fees, 

9 inspection services, and other services and collections esti10 mated at $911,772,000 in fiscal year 2013 shall be re11 tained and used for necessary salaries and expenses in this 

12 account, notwithstanding 31 U.S.C. 3302, and shall re13 main available until expended: Provided further, That the 

14 sum herein appropriated shall be reduced by the amount 

15 of revenues received during fiscal year 2013 so as to result 

16 in a final fiscal year 2013 appropriation estimated at not 

17 more than $127,028,000: Provided further, That of the 

18 amounts appropriated under this heading, $10,000,000 

19 shall be for university research and development in areas 

20 relevant to their respective organization’s mission, and 

21 $5,000,000 shall be for a Nuclear Science and Engineer22 ing Grant Program that will support multiyear projects 

23 that do not align with programmatic missions but are crit24 ical to maintaining the discipline of nuclear science and 

25 engineering. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $11,020,000, to remain available 

5 until September 30, 2014: Provided, That revenues from 

6 licensing fees, inspection services, and other services and 

7 collections estimated at $9,918,000 in fiscal year 2013 

8 shall be retained and be available until September 30, 

9 2014, for necessary salaries and expenses in this account, 

10 notwithstanding section 3302 of title 31, United States 

11 Code: Provided further, That the sum herein appropriated 

12 shall be reduced by the amount of revenues received dur13 ing fiscal year 2013 so as to result in a final fiscal year 

14 2013 appropriation estimated at not more than 

15 $1,102,000. 

16 NUCLEAR WASTE TECHNICAL REVIEW BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the Nuclear Waste Tech19 nical Review Board, as authorized by Public Law 100– 

20 203, section 5051, $3,400,000, to be derived from the Nu21 clear Waste Fund established in section 302(c) of such 

22 Act (42 U.S.C. 10222(c)) and to remain available until 

23 expended. 


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1 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

2 NATURAL GAS TRANSPORTATION PROJECTS

3 For necessary expenses for the Office of the Federal 

4 Coordinator for Alaska Natural Gas Transportation 

5 Projects pursuant to the Alaska Natural Gas Pipeline Act 

6 of 2004, $1,000,000: Provided, That any fees, charges, or 

7 commissions received pursuant to section 802 of Public 

8 Law 110–140 in fiscal year 2013 in excess of $2,000,000 

9 shall not be available for obligation until appropriated in 

10 a subsequent Act of Congress. 

11 GENERAL PROVISIONS, INDEPENDENT 

12 AGENCIES 

13 SEC. 401. (a) None of the funds provided for ‘‘Nu14 clear Regulatory Commission—Salaries and Expenses’’ in 

15 this Act or prior Acts shall be available for obligation or 

16 expenditure through a reprogramming of funds that— 

17 (1) increases funds or personnel for any pro18 gram, project, or activity for which funds are denied 

19 or restricted by this Act; or 

20 (2) reduces funds that are directed to be used 

21 for a specific program, project, or activity by this 

22 Act. 

23 (b) The Chairman of the Nuclear Regulatory Com24 mission may not terminate any program, project, or activ25 ity without the approval of a majority vote of the CommisVerDate Mar 15 2010 23:12 May 02, 2012 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.RH H5325

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1 sioners of the Nuclear Regulatory Commission approving 

2 such action. 

3 (c) The Nuclear Regulatory Commission may waive 

4 the restriction on reprogramming under subsection (a) on 

5 a case-by-case basis by certifying to the Committees on 

6 Appropriations of the House of Representatives and the 

7 Senate that such action is required to address national 

8 security or imminent risks to public safety. Each such 

9 waiver certification shall include a letter from the Chair10 man of the Commission that a majority of Commissioners 

11 of the Nuclear Regulatory Commission have voted and ap12 proved the reprogramming waiver certification. 

13 SEC. 402. The Chairman of the Nuclear Regulatory 

14 Commission shall notify the Committees on Appropria15 tions of the House of Representatives and the Senate not 

16 later than 1 day after the Chairman begins performing 

17 functions under the authority of section 3 of Reorganiza18 tion Plan No. 1 of 1980, or after a member of the Com19 mission who was delegated emergency functions under 

20 subsection (b) of that section begins performing those 

21 functions. Such notification shall include an explanation 

22 of the circumstances warranting the exercise of such au23 thority. The Chairman shall report to the Committees, not 

24 less frequently than once each week, on the actions taken 

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1 sion, under such authority, until the authority is relin2 quished. The Chairman shall notify the Committees not 

3 later than 1 day after such authority is relinquished. The 

4 Chairman shall submit the report required by section 3(d) 

5 of the Reorganization Plan No. 1 of 1980 to the Commit6 tees not later than 1 day after it was submitted to the 

7 Commission. 

8 TITLE V—GENERAL PROVISIONS 

9 SEC. 501. None of the funds appropriated by this Act 

10 may be used in any way, directly or indirectly, to influence 

11 congressional action on any legislation or appropriation 

12 matters pending before Congress, other than to commu13 nicate to Members of Congress as described in 18 U.S.C. 

14 1913. 

15 SEC. 502. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except 

18 pursuant to a transfer made by, or transfer authority pro19 vided in this Act or any other appropriation Act. 

20 SEC. 503. None of the funds made available under 

21 this Act may be expended for any new hire by any Federal 

22 agency funded in this Act that is not verified through the 

23 E-Verify Program as described in section 403(a) of the 

24 Illegal Immigration Reform and Immigrant Responsibility 

25 Act of 1996 (8 U.S.C. 1324a note). 


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1 SEC. 504. None of the funds made available by this 

2 Act may be used to enter into a contract, memorandum 

3 of understanding, or cooperative agreement with, make a 

4 grant to, or provide a loan or loan guarantee to any cor5 poration that was convicted (or had an officer or agent 

6 of such corporation acting on behalf of the corporation 

7 convicted) of a felony criminal violation under any Federal 

8 law within the preceding 24 months, where the awarding 

9 agency is aware of the conviction, unless the agency has 

10 considered suspension or debarment of the corporation, or 

11 such officer or agent, and made a determination that this 

12 further action is not necessary to protect the interests of 

13 the Government. 

14 SEC. 505. None of the funds made available by this 

15 Act may be used to enter into a contract, memorandum 

16 of understanding, or cooperative agreement with, make a 

17 grant to, or provide a loan or loan guarantee to, any cor18 poration that has any unpaid Federal tax liability that has 

19 been assessed, for which all judicial and administrative 

20 remedies have been exhausted or have lapsed, and that 

21 is not being paid in a timely manner pursuant to an agree22 ment with the authority responsible for collecting the tax 

23 liability, where the awarding agency is aware of the unpaid 

24 tax liability, unless the agency has considered suspension 

25 or debarment of the corporation and made a determination 


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1 that this further action is not necessary to protect the in2 terests of the Government. 

3 SEC. 506. None of the funds made available by this 

4 Act may be used in contravention of Executive Order No. 

5 12898 of February 11, 1994 (‘‘Federal Actions to Address 

6 Environmental Justice in Minority Populations and Low7 Income Populations’’). 

8 SEC. 507. No funds made available by this Act may 

9 be used to pay for mitigation associated with the removal 

10 of Federal Energy Regulatory Commission Project num11 ber 2342. 

12 SEC. 508. None of the funds made available in this 

13 Act may be used to conduct closure of adjudicatory func14 tions, technical review, or support activities associated 

15 with the Yucca Mountain geologic repository license appli16 cation, or for actions that irrevocably remove the possi17 bility that Yucca Mountain may be a repository option in 

18 the future. 

19 SPENDING REDUCTION ACCOUNT

20 SEC. 509. The amount by which the applicable alloca21 tion of new budget authority made by the Committee on 

22 Appropriations of the House of Representatives under sec23 tion 302(b) of the Congressional Budget Act of 1974 ex24 ceeds the amount of proposed new budget authority is $0. 


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1 This Act may be cited as the ‘‘Energy and Water De2 velopment and Related Agencies Appropriations Act, 

3 2013’’. 


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Union Calendar No. 323 

112TH CONGRESS 

2D SESSION H. R. 5325 

[Report No. 112–462] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2013, and for other pur- opment and related agencies for the fiscal year 

MAY 2, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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