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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2465 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 383
112th CONGRESS
  2d Session
                                S. 2465

                          [Report No. 112-164]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2013, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2012

  Mrs. Feinstein, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2013, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2013, and for other purposes, 
namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                         general investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration, 
projects and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $125,000,000, to 
remain available until expended.

                         construction, general

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$1,700,000,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary to cover 
one-half of the costs of construction, replacement, rehabilitation, and 
expansion of inland waterways projects shall be derived from the Inland 
Waterways Trust Fund:  Provided, That during the fiscal year period 
covered by this Act, no more than 25 percent of the funding proposed 
for Olmsted Lock and Dam, Ohio River, Illinois and Kentucky, shall be 
derived from the Inland Waterways Trust Fund.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $253,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,404,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), as amended, 
shall be derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available from fees collected under 
section 217 of Public Law 104-303 shall be used to cover the cost of 
operation and maintenance of the dredged material disposal facilities 
for which such fees have been collected:  Provided, That 1 percent of 
the total amount of funds provided for each of the programs, projects 
or activities funded under this heading shall not be allocated to a 
field operating activity prior to the beginning of the fourth quarter 
of the fiscal year and shall be available for use by the Chief of 
Engineers to fund such emergency activities as the Chief of Engineers 
determines to be necessary and appropriate, and that the Chief of 
Engineers shall allocate during the fourth quarter any remaining funds 
which have not been used for emergency activities proportionally in 
accordance with the amounts provided for the programs, projects or 
activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $199,000,000, to remain 
available until September 30, 2014.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $109,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$30,000,000, to remain available until expended.

                            general expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $182,000,000, to remain available until September 30, 2014, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year:  
Provided, That no part of any other appropriation provided in title I 
of this Act shall be available to fund the civil works activities of 
the Office of the Chief of Engineers or the civil works executive 
direction and management activities of the division offices:  Provided 
further, That any Flood Control and Coastal Emergencies appropriation 
may be used to fund the supervision and general administration of 
emergency operations, repairs, and other activities in response to any 
flood, hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2014.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL

                     (including transfers of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2013, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House 
        and Senate Committees on Appropriations;
            (6) General investigations.--For a base level over 
        $100,000, reprogramming of 25 percent of the base amount up to 
        a limit of $150,000 per project, study or activity is allowed:  
        Provided, That for a base level less than $100,000, the 
        reprogramming limit is $25,000:  Provided further, That up to 
        $25,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation for existing 
        obligations and concomitant administrative expenses;
            (7) Construction, general.--For a base level over 
        $2,000,000, reprogramming of 15 percent of the base amount up 
        to a limit of $3,000,000 per project, study or activity is 
        allowed:  Provided, That for a base level less than $2,000,000, 
        the reprogramming limit is $300,000:  Provided further, That up 
        to $3,000,000 may be reprogrammed for settled contractor 
        claims, changed conditions, or real estate deficiency 
        judgments:  Provided further, That up to $300,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies:  Provided, That the Chief of Engineers 
        must notify the House and Senate Committees on Appropriations 
        of these emergency actions as soon thereafter as practicable:  
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount a limit of 
        $5,000,000 per project, study or activity is allowed:  Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, Construction, 
        and Operation and Maintenance portions of the Mississippi River 
        and Tributaries Account as listed above; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the House and Senate Committees 
on Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Corps of Engineers shall submit a report to the House and Senate 
Committees on Appropriations to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided, That the report shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        applicable, and the fiscal year enacted level;
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and.
            (3) An identification of items of special congressional 
        interest.
    Sec. 102.  None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
award any continuing contract that commits additional funding from the 
Inland Waterways Trust Fund unless or until such time that a long-term 
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986 
(Public Law 99-662) is enacted.
    Sec. 103.  Within 120 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 104.  During the fiscal year period covered by this Act, the 
Secretary of the Army is authorized to implement measures recommended 
in the efficacy study authorized under section 3061 of the Water 
Resources Development Act of 2007 (121 Stat. 1121) or in interim 
reports, with such modifications or emergency measures as the Secretary 
of the Army determines to be appropriate, to prevent aquatic nuisance 
species from dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River Basin.
    Sec. 105.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $4,300,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.
    Sec. 106.  Section 3(a)(6) of Public Law 100-676 is amended by 
striking both occurrences of ``$775,000,000'' and inserting in lieu 
thereof, ``$2,918,000,000''.
    Sec. 107.  That portion of the project for navigation, Ipswich 
River, Massachusetts adopted by the Rivers and Harbor Act of August 5, 
1886 consisting of a 4-foot channel located at the entrance to the 
harbor at Ipswich Harbor, lying northwesterly of a line commencing at: 
N3074938.09, E837154.87, thence running easterly about 60 feet to a 
point with coordinates N3074972.62, E837203.93, is no longer authorized 
as a Federal project after the date of enactment of this Act.
    Sec. 108.  That portion of the project of navigation, Chicago 
Harbor, Illinois, authorized by the River and Harbor Acts of March 3, 
1899 and March 2, 1919, and that begins at the southwest corner of the 
Metropolitan Sanitary District of Greater Chicago sluice gate that 
abuts the north wall of the Chicago River Lock and that continues north 
for approximately 290 feet, thence east approximately 1,000 feet, then 
south approximately 290 feet, thence west approximately 1,000 feet to 
the point of beginning shall no longer be authorized as a Federal 
project after the date of enactment of this Act.
    Sec. 109.  That portion of the project for navigation, Warwick 
Cove, Rhode Island, carried out pursuant to the authority provided by 
section 107 of the River and Harbor Act of 1960 (Public Law 86-645; 33 
U.S.C. 577) that is located within the 5-acre anchorage area east of 
the channel and lying east of the line beginning at a point with 
coordinates N357,664.900, E220,349.798 thence running northwesterly 
about 170.38 feet to a point with coordinates N357,637.740, 
E220,517.990 thence running northwesterly about 165.98 feet to a point 
with coordinates N357,587.160, E220,676.080 thence running 
northeasterly 138.96 feet to a point with coordinates N357,589.020, 
E220,815.030 thence running northeasterly 101.57 feet to a point with 
coordinates N357,604.220, E220,915.460 thence running 168.20 feet to a 
point with coordinates N357,657.054, E221,075.143 thence running 
northeasterly 106.40 feet to a point with coordinates N357,717.627, 
E221,162.616 shall no longer be authorized after the date of enactment 
of this Act.
    Sec. 110.  The project for flood control, Little Calumet River, 
Indiana, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (Public Law 99-662; 100 Stat. 4115), is 
modified to authorize the Secretary to carry out the project at a total 
cost of $269,988,000 with an estimated Federal cost of $202,800,000 and 
an estimated non-Federal cost of $67,188,000.
    Sec. 111. (a) The Secretary is authorized to carry over credits in 
excess of the Non-Federal Sponsor's share of total project cost between 
the C-111 South Dade project, authorized by section 203 of the Flood 
Control Act of 1948 (62 Stat. 1176) and modified by section 203 of the 
Flood Control Act of 1968 (82 Stat. 740-741) and section 316 of the 
Water Resources Development Act of 1996 (110 Stat. 3715), and the 
Kissimmee River project, authorized in section 101(8) of the Water 
Resources Development Act of 1992 (106 Stat. 4802). Nothing in this 
subsection affects the authorized cost sharing of these projects.
    (b) Section 101(8) of the Water Resources Development Act of 1992 
(106 Stat. 4802) is amended to combine the two current authorized total 
project costs for the ecosystem restoration and headwaters 
revitalization projects into a single authorized total project cost--
            (1) By striking ``at a total cost of $426,885,000, with an 
        estimated Federal cost of $139,943,000 and an estimated non-
        Federal cost of $286,942,000. The Secretary is further 
        authorized to construct'' and inserting ``and''; and
            (2) By striking ``, at a total cost of $92,210,000, with an 
        estimated Federal cost of $46,105,000 and an estimated non-
        Federal cost of $46,105,000.'' and inserting ``. The total cost 
        of the ecosystem restoration and headwaters revitalization 
        projects is $519,095,000, with an estimated Federal cost of 
        $186,048,000 and an estimated non-Federal cost of 
        $333,047,000.''.
    (c) The amendment made by subsection (b) is effective October 31, 
1992.
    Sec. 112. (a) Expedited Study and Report.--The Secretary shall--
            (1) expedite completion of the report for the study 
        authorized by section 3061(d) of the Water Resources 
        Development Act of 2007 (Public Law 110-114; 121 Stat. 1121).
    (b) Focus.--In expediting the completion of the study and report 
under subsection (a), the Secretary shall focus on--
            (1) the prevention of the spread of aquatic nuisance 
        species between the Great Lakes and Mississippi River Basins, 
        such as through the permanent hydrological separation of the 
        Great Lakes and Mississippi River Basins; and
            (2) the watersheds of the following rivers and tributaries 
        associated with the Chicago Area Waterway System:
                    (A) The Illinois River, at and in the vicinity of 
                Chicago, Illinois.
                    (B) The Chicago River, Calumet River, North Shore 
                Channel, Chicago Sanitary and Ship Canal, and Cal-Sag 
                Channel in the State of Illinois.
                    (C) The Grand Calumet River and Little Calumet 
                River in the States of Illinois and Indiana.
    (c) Deadline.--The Secretary shall complete the report under 
subsection (a) by not later than July 1, 2014.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $21,000,000, to remain available until expended, of 
which $1,200,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission. In addition, for necessary 
expenses incurred in carrying out related responsibilities of the 
Secretary of the Interior, $1,300,000 to remain available until 
September 30, 2014.
    For fiscal year 2013, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $892,135,000, to remain available until expended, of which 
$29,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $6,985,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund:  Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading:  Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account:  Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed:  
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading:  Provided 
further, That of the amounts provided herein, funds may be used for 
high-priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $39,883,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended:  Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act (Public Law 108-361), 
consistent with plans to be approved by the Secretary of the Interior, 
$36,000,000, to remain available until expended, of which such amounts 
as may be necessary to carry out such activities may be transferred to 
appropriate accounts of other participating Federal agencies to carry 
out authorized purposes:  Provided, That funds appropriated herein may 
be used for the Federal share of the costs of CALFED Program 
management:  Provided further, That the use of any funds provided to 
the California Bay-Delta Authority for program-wide management and 
oversight activities shall be subject to the approval of the Secretary 
of the Interior:  Provided further, That CALFED implementation shall be 
carried out in a balanced manner with clear performance measures 
demonstrating concurrent progress in achieving the goals and objectives 
of the program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2014, $60,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous appropriations 
Acts to the agencies or entities funded in title II of this Act for 
Water and Related Resources that remain available for obligation or 
expenditure in fiscal year 2013, shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203.  The Secretary of the Interior may hereafter participate 
in non-Federal groundwater banking programs to increase the operational 
flexibility, reliability, and efficient use of water in the State of 
California, and this participation may include making payment for the 
storage of Central Valley Project water supplies, the purchase of 
stored water, the purchase of shares or an interest in ground banking 
facilities, or the use of Central Valley Project water as a medium of 
payment for groundwater banking services:  Provided, That the Secretary 
of the Interior shall participate in groundwater banking programs only 
to the extent allowed under State law and consistent with water rights 
applicable to the Central Valley Project:  Provided further, That any 
water user to which banked water is delivered shall pay for such water 
in the same manner provided by that water user's then-current Central 
Valley Project water service, repayment, or water rights settlement 
contract at the rate provided by the then-current Central-Valley 
Project Irrigation or Municipal and Industrial Rate Setting Policies; 
and:  Provided further, That in implementing this section, the 
Secretary of the Interior shall comply with applicable environmental 
laws, including the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) Nothing herein shall alter or limit the Secretary's 
existing authority to use groundwater banking to meet existing fish and 
wildlife obligations.
    Sec. 204.  Subject to compliance with all applicable Federal and 
State laws, a transfer of irrigation water among Central Valley Project 
contractors from the Friant, San Felipe, West San Joaquin, and Delta 
divisions, and a transfer from a long-term Friant Division water 
service or repayment contractor to a temporary or prior temporary 
service contractors within the place of use in existence on the date of 
the transfer, as identified in the Bureau of Reclamation water rights 
permits for the Friant Division, shall hereafter be considered to meet 
the conditions described in subparagraphs (A) and (I) of section 
3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act 
of 1992 (Public Law 102-575; 106 Stat. 4709).
    Sec. 205. (a) Termination of Authority.--Section 104(c) of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2214(c)) is amended by striking ``2012'' and inserting ``2017''.
    (b) Authorization of Appropriations.--Section 301 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2241) is amended--
            (1) by striking ``90,000,000'' and inserting 
        ``$110,000,000''; and
            (2) by striking ``2012'' and inserting ``2017''.
    Sec. 206.  The Bureau of Reclamation shall hereafter provide 
planning assistance in preparation for dry, critically dry, and below 
normal water year types to Central Valley Project contractors, 
including those who possess contracts for refuge water supplies, upon 
their request.
    Sec. 207.  The Secretary, acting through the Commissioner of the 
Bureau of Reclamation, may hereafter partner, provide a grant to, or 
enter into an agreement with local joint powers authorities formed 
pursuant to State law by irrigation districts and other local water 
districts and local governments, to advance planning and feasibility 
studies authorized by Congress for water storage projects:  Provided, 
That the Secretary, acting through the Commissioner of the Bureau of 
Reclamation, shall ensure that applicable environmental reviews under 
the National Environmental Policy Act are completed on an expeditious 
basis and that the shortest existing applicable process under the 
National Environmental Policy Act shall be utilized, including in the 
completion of feasibility studies, Draft Environmental Impact 
Statements (DEIS) and Final Environmental Impact Statements (FEIS):  
Provided further, That the Bureau of Reclamation need not complete the 
DEIS or FEIS if the Commissioner determines, and the Secretary concurs, 
that the project fails to meet applicable Federal cost-benefit 
requirements or standards.
    Sec. 208.  Section 10009(c)(2) of the San Joaquin River Restoration 
Settlement Act (Public Law 111-11; 123 Stat. 1356) is amended by 
striking ``October 1, 2019, all funds in the Fund shall be available 
for expenditure without further appropriation.'' and inserting 
``October 1, 2014, all funds in the Fund shall be available for 
expenditure on an annual basis in an amount not to exceed $40,000,000 
without further appropriation.'' in lieu thereof.
    Sec. 209.  Within 180 days of enactment of this Act, the Secretary 
of the Interior shall issue a plan to facilitate additional water 
supply deliveries to Central Valley Project contractors in dry, 
critically dry, or below normal water years as determined by the 
Sacramento Valley 40-30-30 index:  Provided, That the Secretary shall 
hereafter update the plan each subsequent year that is a critically 
dry, dry, or below normal water year:  Provided further, That the plan 
shall consider utilizing operational flexibility, interagency 
cooperation, joint point of diversion, water transfers and exchanges, 
groundwater banking, recovered and rescheduled water deliveries, water 
conservation programs established with willing participants, source 
shifting, infrastructure improvements and any other strategies deemed 
appropriate by the Secretary:  Provided further, That this plan shall 
be developed in consultation with the Secretary of Commerce, the State 
of California, public water agencies, water users, and other 
appropriate agencies and stakeholders and shall take into consideration 
fluctuating hydrological conditions, physical constraints in the 
delivery system and existing legal requirements:  Provided further, 
That actions taken under this section shall not supersede or modify any 
applicable Federal or State law.
    Sec. 210.  Section 110(a)(3)(A)(ii) of division B of the 
Miscellaneous Appropriations Act 2001 is amended by striking ``10'' and 
inserting ``15'' in lieu thereof. Nothing in this provision shall alter 
the authorized cost or the authorized cost sharing of the referenced 
project.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,985,735,000 to 
remain available until expended:  Provided, That $164,700,000 shall be 
available until September 30, 2014 for program direction:  Provided 
further, That of the unobligated balances available under this heading, 
$69,667,000 are hereby rescinded:  Provided further, That no amounts 
may be rescinded from amounts that were designated by the Congress as 
an emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985:  Provided further, That of the amount provided under this 
heading, the Secretary may transfer up to $100,000,000 to the Defense 
Production Act Fund for activities of the Department of Energy pursuant 
to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et seq.).

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $143,015,000, to 
remain available until expended:  Provided, That $27,615,000 shall be 
available until September 30, 2014 for program direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not more than 10 buses 
and 2 ambulances, all for replacement only, $785,445,000, to remain 
available until expended, of which $10,000,000 shall be derived from 
the Nuclear Waste Fund:  Provided, That of the amount made available 
under this heading, $92,015,000 shall be available until September 30, 
2014 for program direction.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $460,575,000, to remain available 
until expended:  Provided, That $120,000,000 shall be available until 
September 30, 2014 for program direction:  Provided further, That for 
all programs funded under Fossil Energy appropriations in this Act or 
any other Act, the Secretary may vest fee title or other property 
interests acquired under projects in any entity, including the United 
States.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $14,909,000, to remain available until expended:  
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                      Elk Hills School Lands Fund

    For necessary expenses in fulfilling the final payment under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $15,579,815, for payment to the State of California for 
the State Teachers' Retirement Fund, of which $15,579,815 will be 
derived from the Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $195,609,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $10,119,000, to remain available until 
expended:  Provided, That of the unobligated balances from prior year 
appropriations available under this heading, $6,000,000 are hereby 
permanently rescinded:  Provided further, That no amounts may be 
rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $116,365,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $228,506,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $442,493,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 25 passenger motor vehicles 
for replacement only, including one ambulance and one bus, 
$4,909,000,000, to remain available until expended:  Provided, That 
$190,000,000 shall be available until September 30, 2014 for program 
direction.

               Advanced Research Projects Agency--Energy

    For necessary expenses in carrying out the activities authorized by 
section 5012 of the America COMPETES Act (Public Law 110-69), as 
amended, $312,000,000 to remain available until expended:  Provided, 
That $25,000,000 shall be available until September 30, 2014 for 
program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under 
this heading in prior Acts, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974:  Provided, 
That, for necessary administrative expenses to carry out this Loan 
Guarantee program, $38,000,000 is appropriated, to remain available 
until expended:  Provided further, That $38,000,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act of 2005 
shall be credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2012 appropriation from the general 
fund estimated at not more than $0:  Provided further, That fees 
collected under section 1702(h) in excess of the amount appropriated 
for administrative expenses shall not be available until appropriated.

        Advanced Technology Vehicles Manufacturing Loan Program

    For administrative expenses in carrying out the Advanced Technology 
Vehicles Manufacturing Loan Program, $9,000,000, to remain available 
until September 30, 2014.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $30,000), $220,783,000, to 
remain available until September 30, 2014, plus such additional amounts 
as necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.):  Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain available until expended:  Provided further, That moneys 
received by the Department for miscellaneous revenues estimated to 
total $108,188,000 in fiscal year 2013 may be retained and used for 
operating expenses within this account, and may remain available until 
expended, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced by the amount of 
miscellaneous revenues received during 2013, and any related 
appropriated receipt account balances remaining from prior years' 
miscellaneous revenues, so as to result in a final fiscal year 2013 
appropriation from the general fund estimated at not more than 
$112,595,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $43,468,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one ambulance, $7,577,341,000, to remain available until 
expended:  Provided, That no funding may be made available for the B-61 
Life Extension Program until the Administrator of the National Nuclear 
Security Administration submits to the Committees on Appropriations of 
the House of Representatives and the Senate a baseline cost, schedule, 
and scope estimate for the B-61 Life Extension program.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$2,458,631,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,088,635,000, 
to remain available until expended:  Provided, That $43,212,000 shall 
be available until September 30, 2014 for program direction.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses (not to exceed $12,000), $386,279,000, to 
remain available until September 30, 2014.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one ambulance and one fire truck for replacement only, 
$5,063,987,000, to remain available until expended:  Provided, That 
$323,504,000 shall be available until September 30, 2014 for program 
direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $735,702,000, to remain available until expended:  Provided, 
That $124,445,000 shall be available until September 30, 2014 for 
program direction.

                     POWER MARKETING ADMINISTRATION

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
construction of, or participating in the construction of, a high 
voltage line from Bonneville's high voltage system to the service areas 
of requirements customers located within Bonneville's service area in 
southern Idaho, southern Montana, and western Wyoming; and such line 
may extend to, and interconnect in, the Pacific Northwest with lines 
between the Pacific Northwest and the Pacific Southwest, and for John 
Day Reprogramming and Construction, the Columbia River Basin White 
Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success 
Evaluation Research, and, in addition, for official reception and 
representation expenses in an amount not to exceed $5,000:  Provided, 
That during fiscal year 2013, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, and including official reception and 
representation expenses (in an amount not to exceed $1,500), 
$8,732,000, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $8,732,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2013 appropriation estimated at not more 
than $0:  Provided further, That, notwithstanding 31 U.S.C. 3302, up to 
$87,696,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $44,200,000, to remain available until expended:  
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $32,308,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2013 appropriation 
estimated at not more than $11,892,000:  Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $41,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures:  Provided further, That, for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses (in an amount not to exceed $1,500); $291,920,000, to remain 
available until expended, of which $281,702,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $195,790,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2013 appropriation 
estimated at not more than $96,130,000, of which $85,912,000 is derived 
from the Reclamation Fund:  Provided further, That of the amount herein 
appropriated, not more than $3,375,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992:  
Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$242,858,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $5,555,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255) as amended:  Provided, That notwithstanding the 
provisions of that Act and of 31 U.S.C. 3302, up to $5,335,000 
collected by the Western Area Power Administration from the sale of 
power and related services from the Falcon and Amistad Dams shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of these Dams and 
associated Western Area Power Administration activities:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2013 appropriation estimated at not more 
than $220,000:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$304,600,000, to remain available until expended:  Provided, That 
notwithstanding any other provision of law, not to exceed $304,600,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2013 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended:  Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2013 so as to result in a final fiscal year 2013 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

    Sec. 301.  The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of the Intelligence 
Authorization Act for fiscal year 2013.
    Sec. 303.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Health, Safety, and Security to ensure 
the project is in compliance with nuclear safety requirements.
    Sec. 304.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 305. (a) Any determination (including a determination made 
prior to the date of enactment of this Act) by the Secretary pursuant 
to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
335), as amended, that the sale or transfer of uranium will not have an 
adverse material impact on the domestic uranium mining, conversion, or 
enrichment industry shall be valid for not more than 2 calendar years 
subsequent to such determination.
    (b) Not less than 30 days prior to the provision of uranium in any 
form the Secretary shall notify the House and Senate Committees on 
Appropriations of the following:
            (1) the amount of uranium to be provided;
            (2) an estimate by the Secretary of the gross market value 
        of the uranium on the expected date of the provision of the 
        uranium;
            (3) the expected date of the provision of the uranium;
            (4) the recipient of the uranium; and
            (5) the value the Secretary expects to receive in exchange 
        for the uranium, including any reductions to the gross value of 
        the uranium by the recipient.
    (c) Not later than June 30, 2013, the Secretary shall submit to the 
House and Senate Committees on Appropriations a revised excess uranium 
inventory management plan for fiscal years 2014 through 2019.
    Sec. 306.  Section 20320 of the Continuing Appropriations 
Resolution, 2007, Public Law 109-289, division B, as amended by the 
Revised Continuing Appropriations Resolution, 2007, Public Law 110-5, 
is amended by striking in subsection (c) ``an annual review'' after 
``conduct'' and inserting in lieu thereof ``a review every three 
years''.
    Sec. 307. (a) The Secretary may transfer, not earlier than 30 days 
after certification to the Committees on Appropriations of the House of 
Representatives and the Senate that such transfer is needed for 
national security reasons, and after congressional notification and 
approval of the Committees on Appropriations of the House of 
Representatives and the Senate, up to $150,000,000 made available to 
any National Nuclear Security Administration account in this Act to 
further the development and demonstration of national security-related 
enrichment technologies.
    (b) The Secretary shall provide, directly or indirectly, Federal 
funds, resources, or other benefit for the research, development, or 
deployment of domestic enrichment technology under this section--
            (1) using merit selection procedures; and
            (2) only if the Secretary shall execute an agreement with 
        the recipient (or any affiliate, successor, or assignee) of 
        such funds, resources, or other benefit (hereinafter referred 
        to as the ``recipient''), which shall require, at a minimum--
                    (A) the achievement of specific technical criteria 
                by the recipient by specific dates no later than June 
                30, 2014;
                    (B) that the recipient shall--
                            (i) immediately upon execution of the 
                        agreement, grant to the United States for use 
                        by or on behalf of the United States, through 
                        the Secretary, a royalty-free, nonexclusive 
                        license in all enrichment-related intellectual 
                        property and associated technical data owned, 
                        licensed or otherwise controlled by the 
                        recipient as of the date of enactment of this 
                        Act, or thereafter developed or acquired to 
                        meet the requirements of the agreement;
                            (ii) amend any existing agreement between 
                        the Secretary and the recipient to permit the 
                        Secretary to practice or permit third parties 
                        on behalf of the Secretary to practice 
                        intellectual property and associated technical 
                        data related to the award of funds, resources, 
                        or other benefit royalty-free for government 
                        purposes, including completing or operating 
                        enrichment technologies and using them for 
                        national defense purposes, such as providing 
                        nuclear material to operate commercial nuclear 
                        power reactors for tritium production; and
                            (iii) as soon as practicable, deliver to 
                        the Secretary all technical information and 
                        other documentation in its possession or 
                        control necessary to permit the Secretary to 
                        use and practice all intellectual property 
                        related to domestic enrichment technologies; 
                        and
                    (C) any other condition or restriction the 
                Secretary determines is necessary to protect the 
                interests of the United States.
    (c) If the Secretary determines that a recipient has not achieved 
the technical criteria under the agreement pursuant to subsection (b), 
either by the dates specified in the original agreement or by June 30, 
2014, whichever is earlier, the recipient shall, as soon as 
practicable, surrender custody, possession and control, or return, as 
appropriate, any real or personal property owned or leased by the 
recipient, to the Secretary in connection with the deployment of 
enrichment technology, along with all capital improvements, equipment, 
fixtures, appurtenances, and other improvements thereto, and any 
further obligation by the Secretary under any such lease shall 
terminate.
    (d)(1) The limitations in this section shall apply to funds made 
available in this Act, prior Appropriations Acts, and any future 
Appropriations Acts.
    (2) This section shall not apply with regard to the issuance of any 
loan guarantee pursuant to section 1703 of the Energy Policy Act of 
2005 (42 U.S.C. 16513).
    Sec. 308. (a) In General.--Subject to subsections (b) through (d), 
the Secretary may appoint, without regard to the provisions of chapter 
33 of title 5, United States Code, governing appointments in the 
competitive service, exceptionally well qualified individuals to 
scientific, engineering, or other critical technical positions.
    (b) Limitations.--
            (1) Number of positions.--The number of critical positions 
        authorized by subsection (a) may not exceed 120 at any 1 time 
        in the Department.
            (2) Term.--The term of an appointment under subsection (a) 
        may not exceed 4 years.
            (3) Prior employment.--An individual appointed under 
        subsection (a) shall not have been a Department employee during 
        the 2-year period ending on the date of appointment.
            (4) Pay.--
                    (A) In general.--The Secretary shall have the 
                authority to fix the basic pay of an individual 
                appointed under subsection (a) at a rate to be 
                determined by the Secretary up to level I of the 
                Executive Schedule without regard to the civil service 
                laws.
                    (B) Total annual compensation.--The total annual 
                compensation for any individual appointed under 
                subsection (a) may not exceed the highest total annual 
                compensation payable at the rate determined under 
                section 104 of title 3, United States Code.
            (5) Adverse actions.--An individual appointed under 
        subsection (a) may not be considered to be an employee for 
        purposes of subchapter II of chapter 75 of title 5, United 
        States Code.
    (c) Requirements.--
            (1) In general.--The Secretary shall ensure that--
                    (A) the exercise of the authority granted under 
                subsection (a) is consistent with the merit principles 
                of section 2301 of title 5, United States Code; and
                    (B) the Department notifies diverse professional 
                associations and institutions of higher education, 
                including those serving the interests of women and 
                racial or ethnic minorities that are underrepresented 
                in scientific, engineering, and mathematical fields, of 
                position openings as appropriate.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary and the Director of the 
        Office of Personnel Management shall submit to Congress a 
        report on the use of the authority provided under this section 
        that includes, at a minimum, a description or analysis of--
                    (A) the ability to attract exceptionally well 
                qualified scientists, engineers, and technical 
                personnel;
                    (B) the amount of total compensation paid each 
                employee hired under the authority each calendar year; 
                and
                    (C) whether additional safeguards or measures are 
                necessary to carry out the authority and, if so, what 
                action, if any, has been taken to implement the 
                safeguards or measures.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 4 years after the date 
of enactment of this Act.
    Sec. 309. (a) In General.--The Secretary may waive the application 
of section 8344 or 8468 of title 5, United States Code, on a case-by-
case basis, for the employment of an annuitant in a position if the 
employment of the individual is necessary to carry out a critical 
function of the Department for which the Department has encountered 
exceptional difficulty in recruiting or retaining suitably qualified 
candidates.
    (b) Limitation.--An annuitant employed under the authority granted 
by subsection (a) shall not be considered an employee for purposes of 
subchapter III of chapter 83 and chapter 84 of title 5, United States 
Code.
    (c) Limitation on Term.--The term of employment of any individual 
hired under subsection (a) may not exceed an initial term of 2 years, 
with an additional 2-year appointment under exceptional circumstances.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 4 years after the date 
of enactment of this Act.
    Sec. 310.  None of the funds in this Act or any other Act shall be 
used to deposit funds in excess of $36,100,000 from any Federal 
royalties, rents, and bonuses derived from Federal onshore and off-
shore oil and gas leases issued under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 
et seq.) into the Ultra-Deepwater and Unconventional Natural Gas and 
Other Petroleum Research Fund.
    Sec. 311.  The individuals described in paragraph (4) of section 
815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c) shall 
be eligible for the programs under title XXVI of the Energy Policy Act 
of 1992 (25 U.S.C. 3501 et seq.) in the same manner as an Indian tribe 
(as that term is defined in section 2601 of the Energy Policy Act of 
1992 (25 U.S.C. 3501).
    Sec. 312. (a) Definitions.--In this section:
            (1) Affected indian tribe.--The term ``affected Indian 
        tribe'' has the meaning given the term in section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (2) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
        means the Nuclear Waste Fund established under section 302(c) 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
    (b) Pilot Program.--Notwithstanding any provision of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is 
authorized, in the current fiscal year and subsequent fiscal years, to 
conduct a pilot program, through 1 or more private sector partners, to 
license, construct, and operate 1 or more government or privately owned 
consolidated storage facilities to provide interim storage as needed 
for spent nuclear fuel and high-level radioactive waste, with priority 
for storage given to spent nuclear fuel located on sites without an 
operating nuclear reactor.
    (c) Requests for Proposals.--Not later than 120 days after the date 
of enactment of this Act, the Secretary shall issue a request for 
proposals for cooperative agreements--
            (1) to obtain any license necessary from the Nuclear 
        Regulatory Commission for the construction of 1 or more 
        consolidated storage facilities;
            (2) to demonstrate the safe transportation of spent nuclear 
        fuel and high-level radioactive waste, as applicable; and
            (3) to demonstrate the safe storage of spent nuclear fuel 
        and high-level radioactive waste, as applicable, at the 1 or 
        more consolidated storage facilities pending the construction 
        and operation of deep geologic disposal capacity for the 
        permanent disposal of the spent nuclear fuel.
    (d) Consent-Based Approval.--Prior to siting a consolidated storage 
facility pursuant to this section--
            (1) the Secretary shall enter into an agreement to host the 
        facility with--
                    (A) the Governor of the State;
                    (B) each unit of local government within the 
                jurisdiction of which the facility is proposed to be 
                located; and
                    (C) each affected Indian tribe; and
            (2) Congress shall approve the terms of the agreement and 
        authorize the appropriation of funds from the Nuclear Waste 
        Fund to implement the terms of the agreement.
    (e) Applicability.--In executing this section, the Secretary shall 
comply with--
            (1) all licensing requirements and regulations of the 
        Nuclear Regulatory Commission; and
            (2) all other applicable laws (including regulations).
    (f) Pilot Program Plan.--Not later than 120 days after the date on 
which the Secretary issues the request for proposals under subsection 
(c), the Secretary shall submit to Congress a plan to carry out this 
section that includes--
            (1) an estimate of the cost of licensing, constructing, and 
        operating a consolidated storage facility, including the 
        transportation costs, on an annual basis, over the expected 
        lifetime of the facility;
            (2) a schedule for--
                    (A) obtaining any license necessary to construct 
                and operate a consolidated storage facility from the 
                Nuclear Regulatory Commission;
                    (B) constructing the facility;
                    (C) transporting spent fuel to the facility; and
                    (D) removing the spent fuel and decommissioning the 
                facility; and
            (3) an estimate of the cost of any financial assistance, 
        compensation, or incentives proposed to be paid to the host 
        State, Indian tribe, or local government;
            (4) an estimate of any future reductions in the damages 
        expected to be paid by the United States for the delay of the 
        Department of Energy in accepting spent fuel expected to result 
        from the pilot program;
            (5) recommendations for any additional legislation needed 
        to authorize and implement the pilot program; and
            (6) recommendations for a mechanism to ensure that any 
        spent nuclear fuel or high-level radioactive waste stored at a 
        consolidated storage facility pursuant to this section shall 
        move to deep geologic disposal capacity, following a consent-
        based approval process for that deep geologic disposal capacity 
        consistent with subsection (d), within a reasonable time after 
        the issuance of a license to construct and operate the 
        consolidated storage facility.
    (g) Public Participation.--Prior to choosing a site for the 
construction of a consolidated storage facility under this section, the 
Secretary shall conduct 1 or more public hearings in the vicinity of 
each potential site and in at least 1 other location within the State 
in which the site is located to solicit public comments and 
recommendations.
    (h) Use of Nuclear Waste Fund.--The Secretary may make expenditures 
from the Nuclear Waste Fund to carry out this section, subject to 
appropriations.
    Sec. 313.  Section 1605 of Public Law 102-486 (42 U.S.C. 13385) is 
hereby repealed.
    Sec. 314.  Section 804 of Public Law 110-140 (42 U.S.C. 17283) is 
hereby repealed.
    Sec. 315.  Section 205 of Public Law 95-91 (42 U.S.C. 7135), as 
amended, is hereby further amended:
     (a) in paragraph (i)(1) by striking ``once every two years'' and 
inserting ``once every four years'';
    (b) in paragraph (k)(1) by striking ``once every three years'' and 
inserting ``once every four years''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding 40 U.S.C. 14704, and for necessary expenses for the 
Federal Co-Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $64,850,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $27,425,000, to 
remain available until September 30, 2014:  Provided, That for fiscal 
year 2013 and hereafter there shall be an Inspector General at the 
Defense Nuclear Facilities Safety Board who shall have the duties, 
responsibilities, and authorities specified in the Inspector General 
Act of 1978, as amended:  Provided further, That an individual 
appointed to the position of Inspector General of the Nuclear 
Regulatory Commission (NRC) shall, by virtue of such appointment, also 
hold the position of Inspector General of the Defense Nuclear 
Facilities Safety Board:  Provided further, That the Inspector General 
of the Defense Nuclear Facilities Safety Board shall utilize personnel 
of the Office of Inspector General of NRC in performing the duties of 
the Inspector General of the Defense Nuclear Facilities Safety Board, 
and shall not appoint any individuals to positions within the Defense 
Nuclear Facilities Safety Board.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 
382M, and 382N of said Act, $11,315,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $10,165,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities.

                  Northern Border Regional Commission

    For necessary expenses of the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $1,425,000, to remain available until expended:  Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,042,200,000, to 
remain available until expended:  Provided, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $914,832,000 in fiscal year 2013 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended:  Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2013 so 
as to result in a final fiscal year 2013 appropriation estimated at not 
more than $127,368,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $11,870,000, to remain available until expended:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $9,918,000 in fiscal year 2013 
shall be retained and be available until expended, for necessary 
salaries and expenses in this account, notwithstanding section 3302 of 
title 31, United States Code:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2013 so as to result in a final fiscal year 2013 
appropriation estimated at not more than $1,952,000:  Provided further, 
That for fiscal year 2013 and hereafter an individual appointed to the 
position of Inspector General of the Nuclear Regulatory Commission 
(NRC) shall, by virtue of such appointment, also hold the position of 
Inspector General of the Defense Nuclear Facilities Safety Board:  
Provided further, That the Inspector General at the Defense Nuclear 
Facilities Safety Board shall have the duties, responsibilities, and 
authorities specified in the Inspector General Act of 1978, as amended: 
 Provided further, That the Inspector General of the Defense Nuclear 
Facilities Safety Board shall utilize personnel of the Office of 
Inspector General of NRC in performing the duties of the Inspector 
General of the Defense Nuclear Facilities Safety Board, and shall not 
appoint any individuals to positions within the Defense Nuclear 
Facilities Safety Board:  Provided further, That $850,000 of the sum 
herein appropriated is for the necessary expenses of the Nuclear 
Regulatory Commission Office of Inspector General in providing 
inspector general services at the Defense Nuclear Facilities Safety 
Board.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,400,000 to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $1,000,000 to remain available until 
September 30, 2014.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Denali Commission Act of 1998 (42 U.S.C. 3121 note) 
is amended--
            (1) in section 305, by striking subsection (c) and 
        inserting the following:
    ``(c) Gifts.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Commission, on behalf of the United States, may accept, use, 
        and dispose of gifts or donations of services, property, or 
        money for purposes of carrying out this Act.
            ``(2) Conditional.--With respect to conditional gifts--
                    ``(A)(i) the Commission, on behalf of the United 
                States, may accept conditional gifts for purposes of 
                carrying out this Act, if approved by the Federal 
                Cochairperson; and
                    ``(ii) the principal of and income from any such 
                conditional gift shall be held, invested, reinvested, 
                and used in accordance with the condition applicable to 
                the gift; but
                    ``(B) no gift shall be accepted that is conditioned 
                on any expenditure not to be funded from the gift or 
                from the income generated by the gift unless the 
                expenditure has been approved by an Act of Congress; 
                and
                    ``(C) the Commission shall submit an annual report 
                to the House and Senate Committees on Appropriations 
                that describes the amount and terms of conditional 
                gifts, the manner in which such conditional gifts were 
                or shall be used, and any results achieved by such 
                use.'';
        and
            (2) by adding at the end the following:

``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.

    ``(a) The Commission may accept transfers of funds from other 
Federal agencies for purposes of this Act.
    ``(b) Any Federal agency authorized to carry out an activity that 
is within the authority of the Commission may transfer to the 
Commission any appropriated funds available for such activity. Funds 
transferred to the Commission under this section shall be merged with 
and be available for the same time period as the commission's 
appropriation.
    ``(c) The Commission shall submit a report to the House and Senate 
Committees on Appropriations detailing and summarizing all transfers to 
and expenditures from the Denali Commission under this section.''.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2013''.
                                                       Calendar No. 383

112th CONGRESS

  2d Session

                                S. 2465

                          [Report No. 112-164]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2013, and for other 
                               purposes.

_______________________________________________________________________

                             April 26, 2012

                 Read twice and placed on the calendar
```