II 

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. 

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

3 That the following sums are appropriated, out of any 

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

6 fiscal year ending September 30, 2013, and for other pur7 poses, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to river 

9 and harbor, flood and storm damage reduction, shore pro10 tection, aquatic ecosystem restoration, and related efforts. 

11 GENERAL INVESTIGATIONS

12 For expenses necessary where authorized by law for 

13 the collection and study of basic information pertaining 

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

15 shore protection, aquatic ecosystem restoration, and re16 lated needs; for surveys and detailed studies, and plans 

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration, projects and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations, and, when authorized by law, 

22 surveys and detailed studies, and plans and specifications 

23 of projects prior to construction, $125,000,000, to remain 

24 available until expended. 
3 

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1 CONSTRUCTION, GENERAL

2 For expenses necessary for the construction of river 

3 and harbor, flood and storm damage reduction, shore pro4 tection, aquatic ecosystem restoration, and related 

5 projects authorized by law; for conducting detailed studies, 

6 and plans and specifications, of such projects (including 

7 those involving participation by States, local governments, 

8 or private groups) authorized or made eligible for selection 

9 by law (but such detailed studies, and plans and specifica10 tions, shall not constitute a commitment of the Govern11 ment to construction); $1,700,000,000, to remain avail12 able until expended; of which such sums as are necessary 

13 to cover the Federal share of construction costs for facili14 ties under the Dredged Material Disposal Facilities pro15 gram shall be derived from the Harbor Maintenance Trust 

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

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

18 of construction, replacement, rehabilitation, and expansion 

19 of inland waterways projects shall be derived from the In20 land Waterways Trust Fund: Provided, That during the 

21 fiscal year period covered by this Act, no more than 25 

22 percent of the funding proposed for Olmsted Lock and 

23 Dam, Ohio River, Illinois and Kentucky, shall be derived 

24 from the Inland Waterways Trust Fund. 
4 

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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

3 projects and related efforts in the Mississippi River allu4 vial valley below Cape Girardeau, Missouri, as authorized 

5 by law, $253,000,000, to remain available until expended, 

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

7 share of eligible operation and maintenance costs for in8 land harbors shall be derived from the Harbor Mainte9 nance Trust Fund. 

10 OPERATION AND MAINTENANCE

11 For expenses necessary for the operation, mainte12 nance, and care of existing river and harbor, flood and 

13 storm damage reduction, aquatic ecosystem restoration, 

14 and related projects authorized by law; providing security 

15 for infrastructure owned or operated by the Corps, includ16 ing administrative buildings and laboratories; maintaining 

17 harbor channels provided by a State, municipality, or 

18 other public agency that serve essential navigation needs 

19 of general commerce, where authorized by law; surveying 

20 and charting northern and northwestern lakes and con21 necting waters; clearing and straightening channels; and 

22 removing obstructions to navigation, $2,404,000,000, to 

23 remain available until expended, of which such sums as 

24 are necessary to cover the Federal share of eligible oper25 ation and maintenance costs for coastal harbors and chan-
5 

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1 nels, and for inland harbors shall be derived from the Har2 bor Maintenance Trust Fund; of which such sums as be3 come available from the special account for the Corps of 

4 Engineers established by the Land and Water Conserva5 tion Fund Act of 1965 (16 U.S.C. 460l–6a(i)), as amend6 ed, shall be derived from that account for resource protec7 tion, research, interpretation, and maintenance activities 

8 related to resource protection in the areas at which out9 door recreation is available; and of which such sums as 

10 become available from fees collected under section 217 of 

11 Public Law 104–303 shall be used to cover the cost of 

12 operation and maintenance of the dredged material dis13 posal facilities for which such fees have been collected: 

14 Provided, That 1 percent of the total amount of funds pro15 vided for each of the programs, projects or activities fund16 ed under this heading shall not be allocated to a field oper17 ating activity prior to the beginning of the fourth quarter 

18 of the fiscal year and shall be available for use by the Chief 

19 of Engineers to fund such emergency activities as the 

20 Chief of Engineers determines to be necessary and appro21 priate, and that the Chief of Engineers shall allocate dur22 ing the fourth quarter any remaining funds which have 

23 not been used for emergency activities proportionally in 

24 accordance with the amounts provided for the programs, 

25 projects or activities. 
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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $199,000,000, to remain available until September 30, 

5 2014. 

6 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

7 For expenses necessary to clean up contamination 

8 from sites in the United States resulting from work per9 formed as part of the Nation’s early atomic energy pro10 gram, $109,000,000, to remain available until expended. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary to prepare for flood, hurri13 cane, and other natural disasters and support emergency 

14 operations, repairs, and other activities in response to 

15 such disasters as authorized by law, $30,000,000, to re16 main available until expended. 

17 GENERAL EXPENSES

18 For expenses necessary for the supervision and gen19 eral administration of the civil works program in the head20 quarters of the Corps of Engineers and the offices of the 

21 Division Engineers; and for costs of management and op22 eration of the Humphreys Engineer Center Support Activ23 ity, the Institute for Water Resources, the United States 

24 Army Engineer Research and Development Center, and 

25 the United States Army Corps of Engineers Finance Cen-
7 

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1 ter allocable to the civil works program, $182,000,000, to 

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

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

4 representation purposes and only during the current fiscal 

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

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

7 the civil works activities of the Office of the Chief of Engi8 neers or the civil works executive direction and manage9 ment activities of the division offices: Provided further, 

10 That any Flood Control and Coastal Emergencies appro11 priation may be used to fund the supervision and general 

12 administration of emergency operations, repairs, and other 

13 activities in response to any flood, hurricane, or other nat14 ural disaster. 

15 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

16 FOR CIVIL WORKS

17 For the Office of the Assistant Secretary of the Army 

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

19 $5,000,000, to remain available until September 30, 2014. 

20 ADMINISTRATIVE PROVISION

21 The Revolving Fund, Corps of Engineers, shall be 

22 available during the current fiscal year for purchase (not 

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

24 motor vehicles for the civil works program. 
8 

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1 GENERAL PROVISIONS, CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 101. (a) None of the funds provided in title I 

5 of this Act, or provided by previous appropriations Acts 

6 to the agencies or entities funded in title I of this Act 

7 that remain available for obligation or expenditure in fiscal 

8 year 2013, shall be available for obligation or expenditure 

9 through a reprogramming of funds that: 

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

11 or activity; 

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

13 (3) increases funds or personnel for any pro14 gram, project, or activity for which funds have been 

15 denied or restricted by this Act, unless prior ap16 proval is received from the House and Senate Com17 mittees on Appropriations; 

18 (4) proposes to use funds directed for a specific 

19 activity for a different purpose, unless prior approval 

20 is received from the House and Senate Committees 

21 on Appropriations; 

22 (5) augments or reduces existing programs, 

23 projects or activities in excess of the amounts con24 tained in subsections 6 through 10, unless prior ap-
9 

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1 proval is received from the House and Senate Com2 mittees on Appropriations; 

3 (6) GENERAL INVESTIGATIONS.—For a base 

4 level over $100,000, reprogramming of 25 percent of 

5 the base amount up to a limit of $150,000 per 

6 project, study or activity is allowed: Provided, That 

7 for a base level less than $100,000, the reprogram8 ming limit is $25,000: Provided further, That up to 

9 $25,000 may be reprogrammed into any continuing 

10 study or activity that did not receive an appropria11 tion for existing obligations and concomitant admin12 istrative expenses; 

13 (7) CONSTRUCTION, GENERAL.—For a base 

14 level over $2,000,000, reprogramming of 15 percent 

15 of the base amount up to a limit of $3,000,000 per 

16 project, study or activity is allowed: Provided, That 

17 for a base level less than $2,000,000, the re18 programming limit is $300,000: Provided further, 

19 That up to $3,000,000 may be reprogrammed for 

20 settled contractor claims, changed conditions, or real 

21 estate deficiency judgments: Provided further, That 

22 up to $300,000 may be reprogrammed into any con23 tinuing study or activity that did not receive an ap24 propriation for existing obligations and concomitant 

25 administrative expenses; 
10 

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1 (8) OPERATION AND MAINTENANCE.—Unlim2 ited reprogramming authority is granted in order for 

3 the Corps to be able to respond to emergencies: Pro4 vided, That the Chief of Engineers must notify the 

5 House and Senate Committees on Appropriations of 

6 these emergency actions as soon thereafter as prac7 ticable: Provided further, That for a base level over 

8 $1,000,000, reprogramming of 15 percent of the 

9 base amount a limit of $5,000,000 per project, study 

10 or activity is allowed: Provided further, That for a 

11 base level less than $1,000,000, the reprogramming 

12 limit is $150,000: Provided further, That $150,000 

13 may be reprogrammed into any continuing study or 

14 activity that did not receive an appropriation; 

15 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

16 The same reprogramming guidelines for the Inves17 tigations, Construction, and Operation and Mainte18 nance portions of the Mississippi River and Tribu19 taries Account as listed above; and 

20 (10) FORMERLY UTILIZED SITES REMEDIAL AC21 TION PROGRAM.—Reprogramming of up to 15 per22 cent of the base of the receiving project is permitted. 

23 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

24 should a reprogramming for less than $50,000 be sub-
11 

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1 mitted to the House and Senate Committees on Appro2 priations. 

3 (c) CONTINUING AUTHORITIES PROGRAM.—Sub4 section (a)(1) shall not apply to any project or activity 

5 funded under the continuing authorities program. 

6 (d) Not later than 60 days after the date of enact7 ment of this Act, the Corps of Engineers shall submit a 

8 report to the House and Senate Committees on Appropria9 tions to establish the baseline for application of re10 programming and transfer authorities for the current fis11 cal year: Provided, That the report shall include: 

12 (1) A table for each appropriation with a sepa13 rate column to display the President’s budget re14 quest, adjustments made by Congress, adjustments 

15 due to enacted rescissions, if applicable, and the fis16 cal year enacted level; 

17 (2) A delineation in the table for each appro18 priation both by object class and program, project 

19 and activity as detailed in the budget appendix for 

20 the respective appropriations; and. 

21 (3) An identification of items of special congres22 sional interest. 

23 SEC. 102. None of the funds in this Act, or previous 

24 Acts, making funds available for Energy and Water Devel25 opment, shall be used to award any continuing contract 
12 

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1 that commits additional funding from the Inland Water2 ways Trust Fund unless or until such time that a long3 term mechanism to enhance revenues in this Fund suffi4 cient to meet the cost-sharing authorized in the Water Re5 sources Development Act of 1986 (Public Law 99–662) 

6 is enacted. 

7 SEC. 103. Within 120 days of the date of the Chief 

8 of Engineers Report on a water resource matter, the As9 sistant Secretary of the Army (Civil Works) shall submit 

10 the report to the appropriate authorizing and appro11 priating committees of the Congress. 

12 SEC. 104. During the fiscal year period covered by 

13 this Act, the Secretary of the Army is authorized to imple14 ment measures recommended in the efficacy study author15 ized under section 3061 of the Water Resources Develop16 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

17 with such modifications or emergency measures as the 

18 Secretary of the Army determines to be appropriate, to 

19 prevent aquatic nuisance species from dispersing into the 

20 Great Lakes by way of any hydrologic connection between 

21 the Great Lakes and the Mississippi River Basin. 

22 SEC. 105. The Secretary of the Army may transfer 

23 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

25 provided in this title under the heading ‘‘Operation and 
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1 Maintenance’’ to mitigate for fisheries lost due to Corps 

2 of Engineers projects. 

3 SEC. 106. Section 3(a)(6) of Public Law 100–676 is 

4 amended by striking both occurrences of ‘‘$775,000,000’’ 

5 and inserting in lieu thereof, ‘‘$2,918,000,000’’. 

6 SEC. 107. That portion of the project for navigation, 

7 Ipswich River, Massachusetts adopted by the Rivers and 

8 Harbor Act of August 5, 1886 consisting of a 4-foot chan9 nel located at the entrance to the harbor at Ipswich Har10 bor, lying northwesterly of a line commencing at: 

11 N3074938.09, E837154.87, thence running easterly 

12 about 60 feet to a point with coordinates N3074972.62, 

13 E837203.93, is no longer authorized as a Federal project 

14 after the date of enactment of this Act. 

15 SEC. 108. That portion of the project of navigation, 

16 Chicago Harbor, Illinois, authorized by the River and Har17 bor Acts of March 3, 1899 and March 2, 1919, and that 

18 begins at the southwest corner of the Metropolitan Sani19 tary District of Greater Chicago sluice gate that abuts the 

20 north wall of the Chicago River Lock and that continues 

21 north for approximately 290 feet, thence east approxi22 mately 1,000 feet, then south approximately 290 feet, 

23 thence west approximately 1,000 feet to the point of begin24 ning shall no longer be authorized as a Federal project 

25 after the date of enactment of this Act. 
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1 SEC. 109. That portion of the project for navigation, 

2 Warwick Cove, Rhode Island, carried out pursuant to the 

3 authority provided by section 107 of the River and Harbor 

4 Act of 1960 (Public Law 86–645; 33 U.S.C. 577) that 

5 is located within the 5-acre anchorage area east of the 

6 channel and lying east of the line beginning at a point 

7 with coordinates N357,664.900, E220,349.798 thence 

8 running northwesterly about 170.38 feet to a point with 

9 coordinates N357,637.740, E220,517.990 thence running 

10 northwesterly about 165.98 feet to a point with coordi11 nates N357,587.160, E220,676.080 thence running 

12 northeasterly 138.96 feet to a point with coordinates 

13 N357,589.020, E220,815.030 thence running northeast14 erly 101.57 feet to a point with coordinates 

15 N357,604.220, E220,915.460 thence running 168.20 feet 

16 to a point with coordinates N357,657.054, E221,075.143 

17 thence running northeasterly 106.40 feet to a point with 

18 coordinates N357,717.627, E221,162.616 shall no longer 

19 be authorized after the date of enactment of this Act. 

20 SEC. 110. The project for flood control, Little Cal21 umet River, Indiana, authorized by section 401(a) of the 

22 Water Resources Development Act of 1986 (Public Law 

23 99–662; 100 Stat. 4115), is modified to authorize the Sec24 retary to carry out the project at a total cost of 

25 $269,988,000 with an estimated Federal cost of 
15 

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1 $202,800,000 and an estimated non-Federal cost of 

2 $67,188,000. 

3 SEC. 111. (a) The Secretary is authorized to carry 

4 over credits in excess of the Non-Federal Sponsor’s share 

5 of total project cost between the C–111 South Dade 

6 project, authorized by section 203 of the Flood Control 

7 Act of 1948 (62 Stat. 1176) and modified by section 203 

8 of the Flood Control Act of 1968 (82 Stat. 740–741) and 

9 section 316 of the Water Resources Development Act of 

10 1996 (110 Stat. 3715), and the Kissimmee River project, 

11 authorized in section 101(8) of the Water Resources De12 velopment Act of 1992 (106 Stat. 4802). Nothing in this 

13 subsection affects the authorized cost sharing of these 

14 projects. 

15 (b) Section 101(8) of the Water Resources Develop16 ment Act of 1992 (106 Stat. 4802) is amended to combine 

17 the two current authorized total project costs for the eco18 system restoration and headwaters revitalization projects 

19 into a single authorized total project cost— 

20 (1) By striking ‘‘at a total cost of 

21 $426,885,000, with an estimated Federal cost of 

22 $139,943,000 and an estimated non-Federal cost of 

23 $286,942,000. The Secretary is further authorized 

24 to construct’’ and inserting ‘‘and’’; and 
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1 (2) By striking ‘‘, at a total cost of 

2 $92,210,000, with an estimated Federal cost of 

3 $46,105,000 and an estimated non-Federal cost of 

4 $46,105,000.’’ and inserting ‘‘. The total cost of the 

5 ecosystem restoration and headwaters revitalization 

6 projects is $519,095,000, with an estimated Federal 

7 cost of $186,048,000 and an estimated non-Federal 

8 cost of $333,047,000.’’. 

9 (c) The amendment made by subsection (b) is effec10 tive October 31, 1992. 

11 SEC. 112. (a) EXPEDITED STUDY AND REPORT.— 

12 The Secretary shall— 

13 (1) expedite completion of the report for the 

14 study authorized by section 3061(d) of the Water 

15 Resources Development Act of 2007 (Public Law 

16 110–114; 121 Stat. 1121). 

17 (b) FOCUS.—In expediting the completion of the 

18 study and report under subsection (a), the Secretary shall 

19 focus on— 

20 (1) the prevention of the spread of aquatic nui21 sance species between the Great Lakes and Mis22 sissippi River Basins, such as through the perma23 nent hydrological separation of the Great Lakes and 

24 Mississippi River Basins; and 
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1 (2) the watersheds of the following rivers and 

2 tributaries associated with the Chicago Area Water3 way System: 

4 (A) The Illinois River, at and in the vicin5 ity of Chicago, Illinois. 

6 (B) The Chicago River, Calumet River, 

7 North Shore Channel, Chicago Sanitary and 

8 Ship Canal, and Cal-Sag Channel in the State 

9 of Illinois. 

10 (C) The Grand Calumet River and Little 

11 Calumet River in the States of Illinois and Indi12 ana. 

13 (c) DEADLINE.—The Secretary shall complete the re14 port under subsection (a) by not later than July 1, 2014. 

15 TITLE II 

16 DEPARTMENT OF THE INTERIOR 

17 CENTRAL UTAH PROJECT

18 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

19 For carrying out activities authorized by the Central 

20 Utah Project Completion Act, $21,000,000, to remain 

21 available until expended, of which $1,200,000 shall be de22 posited into the Utah Reclamation Mitigation and Con23 servation Account for use by the Utah Reclamation Miti24 gation and Conservation Commission. In addition, for nec25 essary expenses incurred in carrying out related respon-
18 

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1 sibilities of the Secretary of the Interior, $1,300,000 to 

2 remain available until September 30, 2014. 

3 For fiscal year 2013, the Commission may use an 

4 amount not to exceed $1,500,000 for administrative ex5 penses. 

6 BUREAU OF RECLAMATION

7 The following appropriations shall be expended to 

8 execute authorized functions of the Bureau of Reclama9 tion: 

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For management, development, and restoration of 

13 water and related natural resources and for related activi14 ties, including the operation, maintenance, and rehabilita15 tion of reclamation and other facilities, participation in 

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other 

18 agreements with, State and local governments, federally 

19 recognized Indian tribes, and others, $892,135,000, to re20 main available until expended, of which $29,000 shall be 

21 available for transfer to the Upper Colorado River Basin 

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

23 Lower Colorado River Basin Development Fund; of which 

24 such amounts as may be necessary may be advanced to 

25 the Colorado River Dam Fund: Provided, That such trans-
19 

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1 fers may be increased or decreased within the overall ap2 propriation under this heading: Provided further, That of 

3 the total appropriated, the amount for program activities 

4 that can be financed by the Reclamation Fund or the Bu5 reau of Reclamation special fee account established by 16 

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

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

8 395 are available until expended for the purposes for 

9 which contributed: Provided further, That funds advanced 

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

11 and are available until expended for the same purposes 

12 as the sums appropriated under this heading: Provided 

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

14 be used for high-priority projects which shall be carried 

15 out by the Youth Conservation Corps, as authorized by 

16 16 U.S.C. 1706. 

17 CENTRAL VALLEY PROJECT RESTORATION FUND

18 For carrying out the programs, projects, plans, habi19 tat restoration, improvement, and acquisition provisions of 

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

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

22 Central Valley Project Restoration Fund pursuant to sec23 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

24 102–575, to remain available until expended: Provided, 

25 That the Bureau of Reclamation is directed to assess and 
20 

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1 collect the full amount of the additional mitigation and 

2 restoration payments authorized by section 3407(d) of 

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

4 funds made available under this heading may be used for 

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

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

7 by a court adopted decree or order. 

8 CALIFORNIA BAY-DELTA RESTORATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 For carrying out activities authorized by the Water 

11 Supply, Reliability, and Environmental Improvement Act 

12 (Public Law 108–361), consistent with plans to be ap13 proved by the Secretary of the Interior, $36,000,000, to 

14 remain available until expended, of which such amounts 

15 as may be necessary to carry out such activities may be 

16 transferred to appropriate accounts of other participating 

17 Federal agencies to carry out authorized purposes: Pro18 vided, That funds appropriated herein may be used for 

19 the Federal share of the costs of CALFED Program man20 agement: Provided further, That the use of any funds pro21 vided to the California Bay-Delta Authority for program22 wide management and oversight activities shall be subject 

23 to the approval of the Secretary of the Interior: Provided 

24 further, That CALFED implementation shall be carried 

25 out in a balanced manner with clear performance meas-
21 

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1 ures demonstrating concurrent progress in achieving the 

2 goals and objectives of the program. 

3 POLICY AND ADMINISTRATION

4 For necessary expenses of policy, administration, and 

5 related functions in the Office of the Commissioner, the 

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

7 of Reclamation, to remain available until September 30, 

8 2014, $60,000,000, to be derived from the Reclamation 

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

10 377: Provided, That no part of any other appropriation 

11 in this Act shall be available for activities or functions 

12 budgeted as policy and administration expenses. 

13 ADMINISTRATIVE PROVISION

14 Appropriations for the Bureau of Reclamation shall 

15 be available for purchase of not to exceed five passenger 

16 motor vehicles, which are for replacement only. 

17 GENERAL PROVISIONS—DEPARTMENT OF THE 

18 INTERIOR 

19 SEC. 201. (a) None of the funds provided in title II 

20 of this Act for Water and Related Resources, or provided 

21 by previous appropriations Acts to the agencies or entities 

22 funded in title II of this Act for Water and Related Re23 sources that remain available for obligation or expenditure 

24 in fiscal year 2013, shall be available for obligation or ex25 penditure through a reprogramming of funds that— 
22 

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

2 or activity; 

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

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

5 activity for which funds have been denied or re6 stricted by this Act, unless prior approval is received 

7 from the Committees on Appropriations of the 

8 House of Representatives and the Senate; 

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

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

11 unless prior approval is received from the Commit12 tees on Appropriations of the House of Representa13 tives and the Senate; 

14 (5) transfers funds in excess of the following 

15 limits, unless prior approval is received from the 

16 Committees on Appropriations of the House of Rep17 resentatives and the Senate: 

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

19 activity for which $2,000,000 or more is avail20 able at the beginning of the fiscal year; or 

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

22 activity for which less than $2,000,000 is avail23 able at the beginning of the fiscal year; 

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

25 the Facilities Operation, Maintenance, and Rehabili-
23 

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1 tation category or the Resources Management and 

2 Development category to any program, project, or 

3 activity in the other category, unless prior approval 

4 is received from the Committees on Appropriations 

5 of the House of Representatives and the Senate; or 

6 (7) transfers, where necessary to discharge legal 

7 obligations of the Bureau of Reclamation, more than 

8 $5,000,000 to provide adequate funds for settled 

9 contractor claims, increased contractor earnings due 

10 to accelerated rates of operations, and real estate de11 ficiency judgments, unless prior approval is received 

12 from the Committees on Appropriations of the 

13 House of Representatives and the Senate. 

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

15 of funds within the Facilities Operation, Maintenance, and 

16 Rehabilitation category. 

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

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

19 project, or activity. 

20 (d) The Bureau of Reclamation shall submit reports 

21 on a quarterly basis to the Committees on Appropriations 

22 of the House of Representatives and the Senate detailing 

23 all the funds reprogrammed between programs, projects, 

24 activities, or categories of funding. The first quarterly re-
24 

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

2 date of enactment of this Act. 

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

6 for the San Luis Unit until development by the Secretary 

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

8 shall conform to the water quality standards of the State 

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

12 (b) The costs of the Kesterson Reservoir Cleanup 

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

15 Interior as reimbursable or nonreimbursable and collected 

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

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

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

21 prepared by the Department of the Interior, Bureau of 

22 Reclamation. Any future obligations of funds by the 

23 United States relating to, or providing for, drainage serv24 ice or drainage studies for the San Luis Unit shall be fully 
25 

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

3 SEC. 203. The Secretary of the Interior may here4 after participate in non-Federal groundwater banking pro5 grams to increase the operational flexibility, reliability, 

6 and efficient use of water in the State of California, and 

7 this participation may include making payment for the 

8 storage of Central Valley Project water supplies, the pur9 chase of stored water, the purchase of shares or an inter10 est in ground banking facilities, or the use of Central Val11 ley Project water as a medium of payment for ground12 water banking services: Provided, That the Secretary of 

13 the Interior shall participate in groundwater banking pro14 grams only to the extent allowed under State law and con15 sistent with water rights applicable to the Central Valley 

16 Project: Provided further, That any water user to which 

17 banked water is delivered shall pay for such water in the 

18 same manner provided by that water user’s then-current 

19 Central Valley Project water service, repayment, or water 

20 rights settlement contract at the rate provided by the 

21 then-current Central-Valley Project Irrigation or Munic22 ipal and Industrial Rate Setting Policies; and: Provided 

23 further, That in implementing this section, the Secretary 

24 of the Interior shall comply with applicable environmental 

25 laws, including the National Environmental Policy Act of 
26 

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1 1969 (42 U.S.C. 4321 et seq.) and the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein 

3 shall alter or limit the Secretary’s existing authority to 

4 use groundwater banking to meet existing fish and wildlife 

5 obligations. 

6 SEC. 204. Subject to compliance with all applicable 

7 Federal and State laws, a transfer of irrigation water 

8 among Central Valley Project contractors from the Friant, 

9 San Felipe, West San Joaquin, and Delta divisions, and 

10 a transfer from a long-term Friant Division water service 

11 or repayment contractor to a temporary or prior tem12 porary service contractors within the place of use in exist13 ence on the date of the transfer, as identified in the Bu14 reau of Reclamation water rights permits for the Friant 

15 Division, shall hereafter be considered to meet the condi16 tions described in subparagraphs (A) and (I) of section 

17 3405(a)(1) of the Reclamation Projects Authorization and 

18 Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 

19 4709). 

20 SEC. 205. (a) TERMINATION OF AUTHORITY.—Sec21 tion 104(c) of the Reclamation States Emergency Drought 

22 Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by 

23 striking ‘‘2012’’ and inserting ‘‘2017’’. 
27 

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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 301 of the Reclamation States Emergency Drought Relief 

3 Act of 1991 (43 U.S.C. 2241) is amended— 

4 (1) by striking ‘‘90,000,000’’ and inserting 

5 ‘‘$110,000,000’’; and 

6 (2) by striking ‘‘2012’’ and inserting ‘‘2017’’. 

7 SEC. 206. The Bureau of Reclamation shall hereafter 

8 provide planning assistance in preparation for dry, criti9 cally dry, and below normal water year types to Central 

10 Valley Project contractors, including those who possess 

11 contracts for refuge water supplies, upon their request. 

12 SEC. 207. The Secretary, acting through the Com13 missioner of the Bureau of Reclamation, may hereafter 

14 partner, provide a grant to, or enter into an agreement 

15 with local joint powers authorities formed pursuant to 

16 State law by irrigation districts and other local water dis17 tricts and local governments, to advance planning and fea18 sibility studies authorized by Congress for water storage 

19 projects: Provided, That the Secretary, acting through the 

20 Commissioner of the Bureau of Reclamation, shall ensure 

21 that applicable environmental reviews under the National 

22 Environmental Policy Act are completed on an expeditious 

23 basis and that the shortest existing applicable process 

24 under the National Environmental Policy Act shall be uti25 lized, including in the completion of feasibility studies, 
28 

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1 Draft Environmental Impact Statements (DEIS) and 

2 Final Environmental Impact Statements (FEIS): Pro3 vided further, That the Bureau of Reclamation need not 

4 complete the DEIS or FEIS if the Commissioner deter5 mines, and the Secretary concurs, that the project fails 

6 to meet applicable Federal cost-benefit requirements or 

7 standards. 

8 SEC. 208. Section 10009(c)(2) of the San Joaquin 

9 River Restoration Settlement Act (Public Law 111–11; 

10 123 Stat. 1356) is amended by striking ‘‘October 1, 2019, 

11 all funds in the Fund shall be available for expenditure 

12 without further appropriation.’’ and inserting ‘‘October 1, 

13 2014, all funds in the Fund shall be available for expendi14 ture on an annual basis in an amount not to exceed 

15 $40,000,000 without further appropriation.’’ in lieu there16 of. 

17 SEC. 209. Within 180 days of enactment of this Act, 

18 the Secretary of the Interior shall issue a plan to facilitate 

19 additional water supply deliveries to Central Valley Project 

20 contractors in dry, critically dry, or below normal water 

21 years as determined by the Sacramento Valley 40–30–30 

22 index: Provided, That the Secretary shall hereafter update 

23 the plan each subsequent year that is a critically dry, dry, 

24 or below normal water year: Provided further, That the 

25 plan shall consider utilizing operational flexibility, inter-
29 

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1 agency cooperation, joint point of diversion, water trans2 fers and exchanges, groundwater banking, recovered and 

3 rescheduled water deliveries, water conservation programs 

4 established with willing participants, source shifting, in5 frastructure improvements and any other strategies 

6 deemed appropriate by the Secretary: Provided further, 

7 That this plan shall be developed in consultation with the 

8 Secretary of Commerce, the State of California, public 

9 water agencies, water users, and other appropriate agen10 cies and stakeholders and shall take into consideration 

11 fluctuating hydrological conditions, physical constraints in 

12 the delivery system and existing legal requirements: Pro13 vided further, That actions taken under this section shall 

14 not supersede or modify any applicable Federal or State 

15 law. 

16 SEC. 210. Section 110(a)(3)(A)(ii) of division B of 

17 the Miscellaneous Appropriations Act 2001 is amended by 

18 striking ‘‘10’’ and inserting ‘‘15’’ in lieu thereof. Nothing 

19 in this provision shall alter the authorized cost or the au20 thorized cost sharing of the referenced project. 
30 

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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 (INCLUDING RESCISSION OF FUNDS)

6 For Department of Energy expenses including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy 

9 efficiency and renewable energy activities in carrying out 

10 the purposes of the Department of Energy Organization 

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

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion, 

14 $1,985,735,000 to remain available until expended: Pro15 vided, That $164,700,000 shall be available until Sep16 tember 30, 2014 for program direction: Provided further, 

17 That of the unobligated balances available under this 

18 heading, $69,667,000 are hereby rescinded: Provided fur19 ther, That no amounts may be rescinded from amounts 

20 that were designated by the Congress as an emergency re21 quirement pursuant to the Concurrent Resolution on the 

22 Budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985: Provided further, That of the amount 

24 provided under this heading, the Secretary may transfer 

25 up to $100,000,000 to the Defense Production Act Fund 
31 

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1 for activities of the Department of Energy pursuant to 

2 the Defense Production Act of 1950 (50 U.S.C. App. 

3 2061, et seq.). 

4 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for elec8 tricity delivery and energy reliability activities in carrying 

9 out the purposes of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi11 tion or condemnation of any real property or any facility 

12 or for plant or facility acquisition, construction, or expan13 sion, $143,015,000, to remain available until expended: 

14 Provided, That $27,615,000 shall be available until Sep15 tember 30, 2014 for program direction. 

16 NUCLEAR ENERGY

17 For Department of Energy expenses including the 

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

20 energy activities in carrying out the purposes of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

23 real property or any facility or for plant or facility acquisi24 tion, construction, or expansion, and the purchase of not 

25 more than 10 buses and 2 ambulances, all for replacement 
32 

•S 2465 PCS

1 only, $785,445,000, to remain available until expended, 

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

3 Waste Fund: Provided, That of the amount made available 

4 under this heading, $92,015,000 shall be available until 

5 September 30, 2014 for program direction. 

6 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

7 For necessary expenses in carrying out fossil energy 

8 research and development activities, under the authority 

9 of the Department of Energy Organization Act (Public 

10 Law 95–91), including the acquisition of interest, includ11 ing defeasible and equitable interests in any real property 

12 or any facility or for plant or facility acquisition or expan13 sion, and for conducting inquiries, technological investiga14 tions and research concerning the extraction, processing, 

15 use, and disposal of mineral substances without objection16 able social and environmental costs (30 U.S.C. 3, 1602, 

17 and 1603), $460,575,000, to remain available until ex18 pended: Provided, That $120,000,000 shall be available 

19 until September 30, 2014 for program direction: Provided 

20 further, That for all programs funded under Fossil Energy 

21 appropriations in this Act or any other Act, the Secretary 

22 may vest fee title or other property interests acquired 

23 under projects in any entity, including the United States. 
33 

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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For expenses necessary to carry out naval petroleum 

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

4 available until expended: Provided, That, notwithstanding 

5 any other provision of law, unobligated funds remaining 

6 from prior years shall be available for all naval petroleum 

7 and oil shale reserve activities. 

8 ELK HILLS SCHOOL LANDS FUND

9 For necessary expenses in fulfilling the final payment 

10 under the Settlement Agreement entered into by the 

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

12 1996, as authorized by section 3415 of Public Law 104– 

13 106, $15,579,815, for payment to the State of California 

14 for the State Teachers’ Retirement Fund, of which 

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

16 Lands Fund. 

17 STRATEGIC PETROLEUM RESERVE

18 For necessary expenses for Strategic Petroleum Re19 serve facility development and operations and program 

20 management activities pursuant to the Energy Policy and 

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

22 et seq.), $195,609,000, to remain available until expended. 
34 

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1 NORTHEAST HOME HEATING OIL RESERVE

2 (INCLUDING RESCISSION OF FUNDS)

3 For necessary expenses for Northeast Home Heating 

4 Oil Reserve storage, operation, and management activities 

5 pursuant to the Energy Policy and Conservation Act, 

6 $10,119,000, to remain available until expended: Pro7 vided, That of the unobligated balances from prior year 

8 appropriations available under this heading, $6,000,000 

9 are hereby permanently rescinded: Provided further, That 

10 no amounts may be rescinded from amounts that were 

11 designated by the Congress as an emergency requirement 

12 pursuant to the Concurrent Resolution on the Budget or 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985, as amended. 

15 ENERGY INFORMATION ADMINISTRATION

16 For necessary expenses in carrying out the activities 

17 of the Energy Information Administration, $116,365,000, 

18 to remain available until expended. 

19 NON-DEFENSE ENVIRONMENTAL CLEANUP

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for non-de23 fense environmental cleanup activities in carrying out the 

24 purposes of the Department of Energy Organization Act 

25 (42 U.S.C. 7101 et seq.), including the acquisition or con-
35 

•S 2465 PCS

1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $228,506,000, to remain available until expended. 

4 URANIUM ENRICHMENT DECONTAMINATION AND

5 DECOMMISSIONING FUND

6 For necessary expenses in carrying out uranium en7 richment facility decontamination and decommissioning, 

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

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

10 the Energy Policy Act of 1992, $442,493,000, to be de11 rived from the Uranium Enrichment Decontamination and 

12 Decommissioning Fund, to remain available until ex13 pended. 

14 SCIENCE

15 For Department of Energy expenses including the 

16 purchase, construction, and acquisition of plant and cap17 ital equipment, and other expenses necessary for science 

18 activities in carrying out the purposes of the Department 

19 of Energy Organization Act (42 U.S.C. 7101 et seq.), in20 cluding the acquisition or condemnation of any real prop21 erty or facility or for plant or facility acquisition, construc22 tion, or expansion, and purchase of not more than 25 pas23 senger motor vehicles for replacement only, including one 

24 ambulance and one bus, $4,909,000,000, to remain avail-
36 

•S 2465 PCS

1 able until expended: Provided, That $190,000,000 shall be 

2 available until September 30, 2014 for program direction. 

3 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

4 For necessary expenses in carrying out the activities 

5 authorized by section 5012 of the America COMPETES 

6 Act (Public Law 110–69), as amended, $312,000,000 to 

7 remain available until expended: Provided, That 

8 $25,000,000 shall be available until September 30, 2014 

9 for program direction. 

10 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

11 PROGRAM

12 Such sums as are derived from amounts received 

13 from borrowers pursuant to section 1702(b)(2) of the En14 ergy Policy Act of 2005 under this heading in prior Acts, 

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

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

17 necessary administrative expenses to carry out this Loan 

18 Guarantee program, $38,000,000 is appropriated, to re19 main available until expended: Provided further, That 

20 $38,000,000 of the fees collected pursuant to section 

21 1702(h) of the Energy Policy Act of 2005 shall be credited 

22 as offsetting collections to this account to cover adminis23 trative expenses and shall remain available until expended, 

24 so as to result in a final fiscal year 2012 appropriation 

25 from the general fund estimated at not more than $0: Pro-
37 

•S 2465 PCS

1 vided further, That fees collected under section 1702(h) 

2 in excess of the amount appropriated for administrative 

3 expenses shall not be available until appropriated. 

4 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

5 LOAN PROGRAM

6 For administrative expenses in carrying out the Ad7 vanced Technology Vehicles Manufacturing Loan Pro8 gram, $9,000,000, to remain available until September 30, 

9 2014. 

10 DEPARTMENTAL ADMINISTRATION

11 For salaries and expenses of the Department of En12 ergy necessary for departmental administration in car13 rying out the purposes of the Department of Energy Orga14 nization Act (42 U.S.C. 7101 et seq.), including the hire 

15 of passenger motor vehicles and official reception and rep16 resentation expenses (not to exceed $30,000), 

17 $220,783,000, to remain available until September 30, 

18 2014, plus such additional amounts as necessary to cover 

19 increases in the estimated amount of cost of work for oth20 ers notwithstanding the provisions of the Anti-Deficiency 

21 Act (31 U.S.C. 1511 et seq.): Provided, That such in22 creases in cost of work are offset by revenue increases of 

23 the same or greater amount, to remain available until ex24 pended: Provided further, That moneys received by the De25 partment for miscellaneous revenues estimated to total 
38 

•S 2465 PCS

1 $108,188,000 in fiscal year 2013 may be retained and 

2 used for operating expenses within this account, and may 

3 remain available until expended, as authorized by section 

4 201 of Public Law 95–238, notwithstanding the provisions 

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

6 appropriated shall be reduced by the amount of miscella7 neous revenues received during 2013, and any related ap8 propriated receipt account balances remaining from prior 

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

10 fiscal year 2013 appropriation from the general fund esti11 mated at not more than $112,595,000. 

12 OFFICE OF THE INSPECTOR GENERAL

13 For necessary expenses of the Office of the Inspector 

14 General in carrying out the provisions of the Inspector 

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

16 available until expended. 

17 ATOMIC ENERGY DEFENSE ACTIVITIES 

18 NATIONAL NUCLEAR SECURITY 

19 ADMINISTRATION 

20 WEAPONS ACTIVITIES

21 For Department of Energy expenses, including the 

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

24 atomic energy defense weapons activities in carrying out 

25 the purposes of the Department of Energy Organization 
39 

•S 2465 PCS

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

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 and the purchase of not to exceed one ambulance, 

5 $7,577,341,000, to remain available until expended: Pro6 vided, That no funding may be made available for the B– 

7 61 Life Extension Program until the Administrator of the 

8 National Nuclear Security Administration submits to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate a baseline cost, schedule, and scope 

11 estimate for the B–61 Life Extension program. 

12 DEFENSE NUCLEAR NONPROLIFERATION

13 For Department of Energy expenses, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other incidental expenses necessary for 

16 defense nuclear nonproliferation activities, in carrying out 

17 the purposes of the Department of Energy Organization 

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

19 condemnation of any real property or any facility or for 

20 plant or facility acquisition, construction, or expansion, 

21 and the purchase of not to exceed one passenger motor 

22 vehicle for replacement only, $2,458,631,000, to remain 

23 available until expended. 
40 

•S 2465 PCS

1 NAVAL REACTORS

2 For Department of Energy expenses necessary for 

3 naval reactors activities to carry out the Department of 

4 Energy Organization Act (42 U.S.C. 7101 et seq.), includ5 ing the acquisition (by purchase, condemnation, construc6 tion, or otherwise) of real property, plant, and capital 

7 equipment, facilities, and facility expansion, 

8 $1,088,635,000, to remain available until expended: Pro9 vided, That $43,212,000 shall be available until Sep10 tember 30, 2014 for program direction. 

11 OFFICE OF THE ADMINISTRATOR

12 For necessary expenses of the Office of the Adminis13 trator in the National Nuclear Security Administration, 

14 including official reception and representation expenses 

15 (not to exceed $12,000), $386,279,000, to remain avail16 able until September 30, 2014. 

17 ENVIRONMENTAL AND OTHER DEFENSE 

18 ACTIVITIES 

19 DEFENSE ENVIRONMENTAL CLEANUP

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic 

23 energy defense environmental cleanup activities in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the acqui-
41 

•S 2465 PCS

1 sition or condemnation of any real property or any facility 

2 or for plant or facility acquisition, construction, or expan3 sion, and the purchase of not to exceed one ambulance 

4 and one fire truck for replacement only, $5,063,987,000, 

5 to remain available until expended: Provided, That 

6 $323,504,000 shall be available until September 30, 2014 

7 for program direction. 

8 OTHER DEFENSE ACTIVITIES

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses, necessary for atomic 

12 energy defense, other defense activities, and classified ac13 tivities, in carrying out the purposes of the Department 

14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or any facility or for plant or facility acquisition, con17 struction, or expansion, $735,702,000, to remain available 

18 until expended: Provided, That $124,445,000 shall be 

19 available until September 30, 2014 for program direction. 

20 POWER MARKETING ADMINISTRATION 

21 BONNEVILLE POWER ADMINISTRATION FUND

22 Expenditures from the Bonneville Power Administra23 tion Fund, established pursuant to Public Law 93–454, 

24 are approved for construction of, or participating in the 

25 construction of, a high voltage line from Bonneville’s high 
42 

•S 2465 PCS

1 voltage system to the service areas of requirements cus2 tomers located within Bonneville’s service area in southern 

3 Idaho, southern Montana, and western Wyoming; and 

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

5 Northwest with lines between the Pacific Northwest and 

6 the Pacific Southwest, and for John Day Reprogramming 

7 and Construction, the Columbia River Basin White Stur8 geon Hatchery, and Kelt Reconditioning and Reproductive 

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

10 reception and representation expenses in an amount not 

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

12 no new direct loan obligations may be made. 

13 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

14 ADMINISTRATION

15 For necessary expenses of operation and maintenance 

16 of power transmission facilities and of marketing electric 

17 power and energy, including transmission wheeling and 

18 ancillary services, pursuant to section 5 of the Flood Con19 trol Act of 1944 (16 U.S.C. 825s), as applied to the south20 eastern power area, and including official reception and 

21 representation expenses (in an amount not to exceed 

22 $1,500), $8,732,000, to remain available until expended: 

23 Provided, That notwithstanding 31 U.S.C. 3302 and sec24 tion 5 of the Flood Control Act of 1944, up to $8,732,000 

25 collected by the Southeastern Power Administration from 
43 

•S 2465 PCS

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

2 this account as discretionary offsetting collections, to re3 main available until expended for the sole purpose of fund4 ing the annual expenses of the Southeastern Power Ad5 ministration: Provided further, That the sum herein appro6 priated for annual expenses shall be reduced as collections 

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

8 fiscal year 2013 appropriation estimated at not more than 

9 $0: Provided further, That, notwithstanding 31 U.S.C. 

10 3302, up to $87,696,000 collected by the Southeastern 

11 Power Administration pursuant to the Flood Control Act 

12 of 1944 to recover purchase power and wheeling expenses 

13 shall be credited to this account as offsetting collections, 

14 to remain available until expended for the sole purpose 

15 of making purchase power and wheeling expenditures: 

16 Provided further, That for purposes of this appropriation, 

17 annual expenses means expenditures that are generally re18 covered in the same year that they are incurred (excluding 

19 purchase power and wheeling expenses). 

20 OPERATION AND MAINTENANCE, SOUTHWESTERN

21 POWER ADMINISTRATION

22 For necessary expenses of operation and maintenance 

23 of power transmission facilities and of marketing electric 

24 power and energy, for construction and acquisition of 

25 transmission lines, substations and appurtenant facilities, 
44 

•S 2465 PCS

1 and for administrative expenses, including official recep2 tion and representation expenses in an amount not to ex3 ceed $1,500 in carrying out section 5 of the Flood Control 

4 Act of 1944 (16 U.S.C. 825s), as applied to the South5 western Power Administration, $44,200,000, to remain 

6 available until expended: Provided, That notwithstanding 

7 31 U.S.C. 3302 and section 5 of the Flood Control Act 

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

9 by the Southwestern Power Administration from the sale 

10 of power and related services shall be credited to this ac11 count as discretionary offsetting collections, to remain 

12 available until expended, for the sole purpose of funding 

13 the annual expenses of the Southwestern Power Adminis14 tration: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections 

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

17 fiscal year 2013 appropriation estimated at not more than 

18 $11,892,000: Provided further, That, notwithstanding 31 

19 U.S.C. 3302, up to $41,000,000 collected by the South20 western Power Administration pursuant to the Flood Con21 trol Act of 1944 to recover purchase power and wheeling 

22 expenses shall be credited to this account as offsetting col23 lections, to remain available until expended for the sole 

24 purpose of making purchase power and wheeling expendi25 tures: Provided further, That, for purposes of this appro-
45 

•S 2465 PCS

1 priation, annual expenses means expenditures that are 

2 generally recovered in the same year that they are in3 curred (excluding purchase power and wheeling expenses). 

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINIS6 TRATION

7 For carrying out the functions authorized by title III, 

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

9 U.S.C. 7152), and other related activities including con10 servation and renewable resources programs as author11 ized, including official reception and representation ex12 penses (in an amount not to exceed $1,500); 

13 $291,920,000, to remain available until expended, of 

14 which $281,702,000 shall be derived from the Department 

15 of the Interior Reclamation Fund: Provided, That notwith16 standing 31 U.S.C. 3302, section 5 of the Flood Control 

17 Act of 1944 (16 U.S.C. 825s), and section 1 of the Inte18 rior Department Appropriation Act, 1939 (43 U.S.C. 

19 392a), up to $195,790,000 collected by the Western Area 

20 Power Administration from the sale of power and related 

21 services shall be credited to this account as discretionary 

22 offsetting collections, to remain available until expended, 

23 for the sole purpose of funding the annual expenses of the 

24 Western Area Power Administration: Provided further, 

25 That the sum herein appropriated for annual expenses 
46 

•S 2465 PCS

1 shall be reduced as collections are received during the fis2 cal year so as to result in a final fiscal year 2013 appro3 priation estimated at not more than $96,130,000, of which 

4 $85,912,000 is derived from the Reclamation Fund: Pro5 vided further, That of the amount herein appropriated, not 

6 more than $3,375,000 is for deposit into the Utah Rec7 lamation Mitigation and Conservation Account pursuant 

8 to title IV of the Reclamation Projects Authorization and 

9 Adjustment Act of 1992: Provided further, That notwith10 standing 31 U.S.C. 3302, up to $242,858,000 collected 

11 by the Western Area Power Administration pursuant to 

12 the Flood Control Act of 1944 and the Reclamation 

13 Project Act of 1939 to recover purchase power and wheel14 ing expenses shall be credited to this account as offsetting 

15 collections, to remain available until expended for the sole 

16 purpose of making purchase power and wheeling expendi17 tures: Provided further, That for purposes of this appro18 priation, annual expenses means expenditures that are 

19 generally recovered in the same year that they are in20 curred (excluding purchase power and wheeling expenses). 

21 FALCON AND AMISTAD OPERATING AND MAINTENANCE

22 FUND

23 For operation, maintenance, and emergency costs for 

24 the hydroelectric facilities at the Falcon and Amistad 

25 Dams, $5,555,000, to remain available until expended, 
47 

•S 2465 PCS

1 and to be derived from the Falcon and Amistad Operating 

2 and Maintenance Fund of the Western Area Power Ad3 ministration, as provided in section 2 of the Act of June 

4 18, 1954 (68 Stat. 255) as amended: Provided, That not5 withstanding the provisions of that Act and of 31 U.S.C. 

6 3302, up to $5,335,000 collected by the Western Area 

7 Power Administration from the sale of power and related 

8 services from the Falcon and Amistad Dams shall be cred9 ited to this account as discretionary offsetting collections, 

10 to remain available until expended for the sole purpose 

11 of funding the annual expenses of the hydroelectric facili12 ties of these Dams and associated Western Area Power 

13 Administration activities: Provided further, That the sum 

14 herein appropriated for annual expenses shall be reduced 

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

16 result in a final fiscal year 2013 appropriation estimated 

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

18 purposes of this appropriation, annual expenses means ex19 penditures that are generally recovered in the same year 

20 that they are incurred. 

21 FEDERAL ENERGY REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Energy Regu24 latory Commission to carry out the provisions of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 
48 

•S 2465 PCS

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

2 the hire of passenger motor vehicles, and official reception 

3 and representation expenses (not to exceed $3,000), 

4 $304,600,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 not to exceed $304,600,000 of revenues from fees and an7 nual charges, and other services and collections in fiscal 

8 year 2013 shall be retained and used for necessary ex9 penses in this account, and shall remain available until 

10 expended: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as revenues 

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

13 final fiscal year 2013 appropriation from the general fund 

14 estimated at not more than $0. 

15 GENERAL PROVISIONS, DEPARTMENT OF 

16 ENERGY 

17 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

18 SEC. 301. The unexpended balances of prior appro19 priations provided for activities in this Act may be avail20 able to the same appropriation accounts for such activities 

21 established pursuant to this title. Available balances may 

22 be merged with funds in the applicable established ac23 counts and thereafter may be accounted for as one fund 

24 for the same time period as originally enacted. 
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1 SEC. 302. Funds appropriated by this or any other 

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

3 Act, for intelligence activities are deemed to be specifically 

4 authorized by the Congress for purposes of section 504 

5 of the National Security Act of 1947 (50 U.S.C. 414) dur6 ing fiscal year 2013 until the enactment of the Intelligence 

7 Authorization Act for fiscal year 2013. 

8 SEC. 303. None of the funds made available in this 

9 title shall be used for the construction of facilities classi10 fied as high-hazard nuclear facilities under 10 CFR Part 

11 830 unless independent oversight is conducted by the Of12 fice of Health, Safety, and Security to ensure the project 

13 is in compliance with nuclear safety requirements. 

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

15 title may be used to approve critical decision-2 or critical 

16 decision-3 under Department of Energy Order 413.3B, or 

17 any successive departmental guidance, for construction 

18 projects where the total project cost exceeds 

19 $100,000,000, until a separate independent cost estimate 

20 has been developed for the project for that critical deci21 sion. 

22 SEC. 305. (a) Any determination (including a deter23 mination made prior to the date of enactment of this Act) 

24 by the Secretary pursuant to section 3112(d)(2)(B) of the 

25 USEC Privatization Act (110 Stat. 1321–335), as amend-
50 

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1 ed, that the sale or transfer of uranium will not have an 

2 adverse material impact on the domestic uranium mining, 

3 conversion, or enrichment industry shall be valid for not 

4 more than 2 calendar years subsequent to such determina5 tion. 

6 (b) Not less than 30 days prior to the provision of 

7 uranium in any form the Secretary shall notify the House 

8 and Senate Committees on Appropriations of the fol9 lowing: 

10 (1) the amount of uranium to be provided; 

11 (2) an estimate by the Secretary of the gross 

12 market value of the uranium on the expected date 

13 of the provision of the uranium; 

14 (3) the expected date of the provision of the 

15 uranium; 

16 (4) the recipient of the uranium; and 

17 (5) the value the Secretary expects to receive in 

18 exchange for the uranium, including any reductions 

19 to the gross value of the uranium by the recipient. 

20 (c) Not later than June 30, 2013, the Secretary shall 

21 submit to the House and Senate Committees on Appro22 priations a revised excess uranium inventory management 

23 plan for fiscal years 2014 through 2019. 

24 SEC. 306. Section 20320 of the Continuing Appro25 priations Resolution, 2007, Public Law 109–289, division 
51 

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1 B, as amended by the Revised Continuing Appropriations 

2 Resolution, 2007, Public Law 110–5, is amended by strik3 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 

4 and inserting in lieu thereof ‘‘a review every three years’’. 

5 SEC. 307. (a) The Secretary may transfer, not earlier 

6 than 30 days after certification to the Committees on Ap7 propriations of the House of Representatives and the Sen8 ate that such transfer is needed for national security rea9 sons, and after congressional notification and approval of 

10 the Committees on Appropriations of the House of Rep11 resentatives and the Senate, up to $150,000,000 made 

12 available to any National Nuclear Security Administration 

13 account in this Act to further the development and dem14 onstration of national security-related enrichment tech15 nologies. 

16 (b) The Secretary shall provide, directly or indirectly, 

17 Federal funds, resources, or other benefit for the research, 

18 development, or deployment of domestic enrichment tech19 nology under this section— 

20 (1) using merit selection procedures; and 

21 (2) only if the Secretary shall execute an agree22 ment with the recipient (or any affiliate, successor, 

23 or assignee) of such funds, resources, or other ben24 efit (hereinafter referred to as the ‘‘recipient’’), 

25 which shall require, at a minimum— 
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1 (A) the achievement of specific technical 

2 criteria by the recipient by specific dates no 

3 later than June 30, 2014; 

4 (B) that the recipient shall— 

5 (i) immediately upon execution of the 

6 agreement, grant to the United States for 

7 use by or on behalf of the United States, 

8 through the Secretary, a royalty-free, non9 exclusive license in all enrichment-related 

10 intellectual property and associated tech11 nical data owned, licensed or otherwise 

12 controlled by the recipient as of the date of 

13 enactment of this Act, or thereafter devel14 oped or acquired to meet the requirements 

15 of the agreement; 

16 (ii) amend any existing agreement be17 tween the Secretary and the recipient to 

18 permit the Secretary to practice or permit 

19 third parties on behalf of the Secretary to 

20 practice intellectual property and associ21 ated technical data related to the award of 

22 funds, resources, or other benefit royalty23 free for government purposes, including 

24 completing or operating enrichment tech25 nologies and using them for national de-
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1 fense purposes, such as providing nuclear 

2 material to operate commercial nuclear 

3 power reactors for tritium production; and 

4 (iii) as soon as practicable, deliver to 

5 the Secretary all technical information and 

6 other documentation in its possession or 

7 control necessary to permit the Secretary 

8 to use and practice all intellectual property 

9 related to domestic enrichment tech10 nologies; and 

11 (C) any other condition or restriction the 

12 Secretary determines is necessary to protect the 

13 interests of the United States. 

14 (c) If the Secretary determines that a recipient has 

15 not achieved the technical criteria under the agreement 

16 pursuant to subsection (b), either by the dates specified 

17 in the original agreement or by June 30, 2014, whichever 

18 is earlier, the recipient shall, as soon as practicable, sur19 render custody, possession and control, or return, as ap20 propriate, any real or personal property owned or leased 

21 by the recipient, to the Secretary in connection with the 

22 deployment of enrichment technology, along with all cap23 ital improvements, equipment, fixtures, appurtenances, 

24 and other improvements thereto, and any further obliga25 tion by the Secretary under any such lease shall terminate. 
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1 (d)(1) The limitations in this section shall apply to 

2 funds made available in this Act, prior Appropriations 

3 Acts, and any future Appropriations Acts. 

4 (2) This section shall not apply with regard to the 

5 issuance of any loan guarantee pursuant to section 1703 

6 of the Energy Policy Act of 2005 (42 U.S.C. 16513). 

7 SEC. 308. (a) IN GENERAL.—Subject to subsections 

8 (b) through (d), the Secretary may appoint, without re9 gard to the provisions of chapter 33 of title 5, United 

10 States Code, governing appointments in the competitive 

11 service, exceptionally well qualified individuals to sci12 entific, engineering, or other critical technical positions. 

13 (b) LIMITATIONS.— 

14 (1) NUMBER OF POSITIONS.—The number of 

15 critical positions authorized by subsection (a) may 

16 not exceed 120 at any 1 time in the Department. 

17 (2) TERM.—The term of an appointment under 

18 subsection (a) may not exceed 4 years. 

19 (3) PRIOR EMPLOYMENT.—An individual ap20 pointed under subsection (a) shall not have been a 

21 Department employee during the 2-year period end22 ing on the date of appointment. 

23 (4) PAY.— 

24 (A) IN GENERAL.—The Secretary shall 

25 have the authority to fix the basic pay of an in-
55 

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1 dividual appointed under subsection (a) at a 

2 rate to be determined by the Secretary up to 

3 level I of the Executive Schedule without regard 

4 to the civil service laws. 

5 (B) TOTAL ANNUAL COMPENSATION.—The 

6 total annual compensation for any individual 

7 appointed under subsection (a) may not exceed 

8 the highest total annual compensation payable 

9 at the rate determined under section 104 of 

10 title 3, United States Code. 

11 (5) ADVERSE ACTIONS.—An individual ap12 pointed under subsection (a) may not be considered 

13 to be an employee for purposes of subchapter II of 

14 chapter 75 of title 5, United States Code. 

15 (c) REQUIREMENTS.— 

16 (1) IN GENERAL.—The Secretary shall ensure 

17 that— 

18 (A) the exercise of the authority granted 

19 under subsection (a) is consistent with the 

20 merit principles of section 2301 of title 5, 

21 United States Code; and 

22 (B) the Department notifies diverse profes23 sional associations and institutions of higher 

24 education, including those serving the interests 

25 of women and racial or ethnic minorities that 
56 

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1 are underrepresented in scientific, engineering, 

2 and mathematical fields, of position openings as 

3 appropriate. 

4 (2) REPORT.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary and the 

6 Director of the Office of Personnel Management 

7 shall submit to Congress a report on the use of the 

8 authority provided under this section that includes, 

9 at a minimum, a description or analysis of— 

10 (A) the ability to attract exceptionally well 

11 qualified scientists, engineers, and technical 

12 personnel; 

13 (B) the amount of total compensation paid 

14 each employee hired under the authority each 

15 calendar year; and 

16 (C) whether additional safeguards or meas17 ures are necessary to carry out the authority 

18 and, if so, what action, if any, has been taken 

19 to implement the safeguards or measures. 

20 (d) TERMINATION OF EFFECTIVENESS.—The au21 thority provided by this section terminates effective on the 

22 date that is 4 years after the date of enactment of this 

23 Act. 

24 SEC. 309. (a) IN GENERAL.—The Secretary may 

25 waive the application of section 8344 or 8468 of title 5, 
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1 United States Code, on a case-by-case basis, for the em2 ployment of an annuitant in a position if the employment 

3 of the individual is necessary to carry out a critical func4 tion of the Department for which the Department has en5 countered exceptional difficulty in recruiting or retaining 

6 suitably qualified candidates. 

7 (b) LIMITATION.—An annuitant employed under the 

8 authority granted by subsection (a) shall not be considered 

9 an employee for purposes of subchapter III of chapter 83 

10 and chapter 84 of title 5, United States Code. 

11 (c) LIMITATION ON TERM.—The term of employment 

12 of any individual hired under subsection (a) may not ex13 ceed an initial term of 2 years, with an additional 2-year 

14 appointment under exceptional circumstances. 

15 (d) TERMINATION OF EFFECTIVENESS.—The au16 thority provided by this section terminates effective on the 

17 date that is 4 years after the date of enactment of this 

18 Act. 

19 SEC. 310. None of the funds in this Act or any other 

20 Act shall be used to deposit funds in excess of 

21 $36,100,000 from any Federal royalties, rents, and bo22 nuses derived from Federal onshore and off-shore oil and 

23 gas leases issued under the Outer Continental Shelf Lands 

24 Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act 

25 (30 U.S.C. 181 et seq.) into the Ultra-Deepwater and Un-
58 

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1 conventional Natural Gas and Other Petroleum Research 

2 Fund. 

3 SEC. 311. The individuals described in paragraph (4) 

4 of section 815 of the Native American Programs Act of 

5 1974 (42 U.S.C. 2992c) shall be eligible for the programs 

6 under title XXVI of the Energy Policy Act of 1992 (25 

7 U.S.C. 3501 et seq.) in the same manner as an Indian 

8 tribe (as that term is defined in section 2601 of the En9 ergy Policy Act of 1992 (25 U.S.C. 3501). 

10 SEC. 312. (a) DEFINITIONS.—In this section: 

11 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af12 fected Indian tribe’’ has the meaning given the term 

13 in section 2 of the Nuclear Waste Policy Act of 1982 

14 (42 U.S.C. 10101). 

15 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

16 term ‘‘high-level radioactive waste’’ has the meaning 

17 given the term in section 2 of the Nuclear Waste 

18 Policy Act of 1982 (42 U.S.C. 10101). 

19 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu20 clear Waste Fund’’ means the Nuclear Waste Fund 

21 established under section 302(c) of the Nuclear 

22 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Energy. 
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1 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

2 nuclear fuel’’ has the meaning given the term in sec3 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

4 U.S.C. 10101). 

5 (b) PILOT PROGRAM.—Notwithstanding any provi6 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

7 10101 et seq.), the Secretary is authorized, in the current 

8 fiscal year and subsequent fiscal years, to conduct a pilot 

9 program, through 1 or more private sector partners, to 

10 license, construct, and operate 1 or more government or 

11 privately owned consolidated storage facilities to provide 

12 interim storage as needed for spent nuclear fuel and high13 level radioactive waste, with priority for storage given to 

14 spent nuclear fuel located on sites without an operating 

15 nuclear reactor. 

16 (c) REQUESTS FOR PROPOSALS.—Not later than 120 

17 days after the date of enactment of this Act, the Secretary 

18 shall issue a request for proposals for cooperative agree19 ments— 

20 (1) to obtain any license necessary from the 

21 Nuclear Regulatory Commission for the construction 

22 of 1 or more consolidated storage facilities; 

23 (2) to demonstrate the safe transportation of 

24 spent nuclear fuel and high-level radioactive waste, 

25 as applicable; and 
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1 (3) to demonstrate the safe storage of spent nu2 clear fuel and high-level radioactive waste, as appli3 cable, at the 1 or more consolidated storage facilities 

4 pending the construction and operation of deep geo5 logic disposal capacity for the permanent disposal of 

6 the spent nuclear fuel. 

7 (d) CONSENT-BASED APPROVAL.—Prior to siting a 

8 consolidated storage facility pursuant to this section— 

9 (1) the Secretary shall enter into an agreement 

10 to host the facility with— 

11 (A) the Governor of the State; 

12 (B) each unit of local government within 

13 the jurisdiction of which the facility is proposed 

14 to be located; and 

15 (C) each affected Indian tribe; and 

16 (2) Congress shall approve the terms of the 

17 agreement and authorize the appropriation of funds 

18 from the Nuclear Waste Fund to implement the 

19 terms of the agreement. 

20 (e) APPLICABILITY.—In executing this section, the 

21 Secretary shall comply with— 

22 (1) all licensing requirements and regulations of 

23 the Nuclear Regulatory Commission; and 

24 (2) all other applicable laws (including regula25 tions). 
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1 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

2 after the date on which the Secretary issues the request 

3 for proposals under subsection (c), the Secretary shall sub4 mit to Congress a plan to carry out this section that in5 cludes— 

6 (1) an estimate of the cost of licensing, con7 structing, and operating a consolidated storage facil8 ity, including the transportation costs, on an annual 

9 basis, over the expected lifetime of the facility; 

10 (2) a schedule for— 

11 (A) obtaining any license necessary to con12 struct and operate a consolidated storage facil13 ity from the Nuclear Regulatory Commission; 

14 (B) constructing the facility; 

15 (C) transporting spent fuel to the facility; 

16 and 

17 (D) removing the spent fuel and decom18 missioning the facility; and 

19 (3) an estimate of the cost of any financial as20 sistance, compensation, or incentives proposed to be 

21 paid to the host State, Indian tribe, or local govern22 ment; 

23 (4) an estimate of any future reductions in the 

24 damages expected to be paid by the United States 

25 for the delay of the Department of Energy in accept-
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1 ing spent fuel expected to result from the pilot pro2 gram; 

3 (5) recommendations for any additional legisla4 tion needed to authorize and implement the pilot 

5 program; and 

6 (6) recommendations for a mechanism to en7 sure that any spent nuclear fuel or high-level radio8 active waste stored at a consolidated storage facility 

9 pursuant to this section shall move to deep geologic 

10 disposal capacity, following a consent-based approval 

11 process for that deep geologic disposal capacity con12 sistent with subsection (d), within a reasonable time 

13 after the issuance of a license to construct and oper14 ate the consolidated storage facility. 

15 (g) PUBLIC PARTICIPATION.—Prior to choosing a 

16 site for the construction of a consolidated storage facility 

17 under this section, the Secretary shall conduct 1 or more 

18 public hearings in the vicinity of each potential site and 

19 in at least 1 other location within the State in which the 

20 site is located to solicit public comments and recommenda21 tions. 

22 (h) USE OF NUCLEAR WASTE FUND.—The Secretary 

23 may make expenditures from the Nuclear Waste Fund to 

24 carry out this section, subject to appropriations. 
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1 SEC. 313. Section 1605 of Public Law 102–486 (42 

2 U.S.C. 13385) is hereby repealed. 

3 SEC. 314. Section 804 of Public Law 110–140 (42 

4 U.S.C. 17283) is hereby repealed. 

5 SEC. 315. Section 205 of Public Law 95–91 (42 

6 U.S.C. 7135), as amended, is hereby further amended: 

7 (a) in paragraph (i)(1) by striking ‘‘once every two 

8 years’’ and inserting ‘‘once every four years’’; 

9 (b) in paragraph (k)(1) by striking ‘‘once every three 

10 years’’ and inserting ‘‘once every four years’’. 

11 TITLE IV 

12 INDEPENDENT AGENCIES 

13 APPALACHIAN REGIONAL COMMISSION

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

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

17 for necessary expenses for the Federal Co-Chairman and 

18 the Alternate on the Appalachian Regional Commission, 

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

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

22 $64,850,000, to remain available until expended. 
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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

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

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

6 Law 100–456, section 1441, $27,425,000, to remain 

7 available until September 30, 2014: Provided, That for fis8 cal year 2013 and hereafter there shall be an Inspector 

9 General at the Defense Nuclear Facilities Safety Board 

10 who shall have the duties, responsibilities, and authorities 

11 specified in the Inspector General Act of 1978, as amend12 ed: Provided further, That an individual appointed to the 

13 position of Inspector General of the Nuclear Regulatory 

14 Commission (NRC) shall, by virtue of such appointment, 

15 also hold the position of Inspector General of the Defense 

16 Nuclear Facilities Safety Board: Provided further, That 

17 the Inspector General of the Defense Nuclear Facilities 

18 Safety Board shall utilize personnel of the Office of In19 spector General of NRC in performing the duties of the 

20 Inspector General of the Defense Nuclear Facilities Safety 

21 Board, and shall not appoint any individuals to positions 

22 within the Defense Nuclear Facilities Safety Board. 
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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Delta Regional Author4 ity and to carry out its activities, as authorized by the 

5 Delta Regional Authority Act of 2000, as amended, not6 withstanding sections 382C(b)(2), 382F(d), 382M, and 

7 382N of said Act, $11,315,000, to remain available until 

8 expended. 

9 DENALI COMMISSION

10 For expenses of the Denali Commission including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment as necessary and other expenses, 

13 $10,165,000, to remain available until expended, notwith14 standing the limitations contained in section 306(g) of the 

15 Denali Commission Act of 1998: Provided, That funds 

16 shall be available for construction projects in an amount 

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

18 communities, as defined by section 307 of the Denali Com19 mission Act of 1998 (division C, title III, Public Law 105– 

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

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

22 amount not to exceed 50 percent for non-distressed com23 munities. 
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1 NORTHERN BORDER REGIONAL COMMISSION

2 For necessary expenses of the Northern Border Re3 gional Commission in carrying out activities authorized by 

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

5 remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

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

8 States Code. 

9 NUCLEAR REGULATORY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Commission in car12 rying out the purposes of the Energy Reorganization Act 

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

14 as amended, including official representation expenses 

15 (not to exceed $25,000), $1,042,200,000, to remain avail16 able until expended: Provided, That revenues from licens17 ing fees, inspection services, and other services and collec18 tions estimated at $914,832,000 in fiscal year 2013 shall 

19 be retained and used for necessary salaries and expenses 

20 in this account, notwithstanding 31 U.S.C. 3302, and 

21 shall remain available until expended: Provided further, 

22 That the sum herein appropriated shall be reduced by the 

23 amount of revenues received during fiscal year 2013 so 

24 as to result in a final fiscal year 2013 appropriation esti25 mated at not more than $127,368,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $11,870,000, to remain 

5 available until expended: Provided, That revenues from li6 censing fees, inspection services, and other services and 

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

8 shall be retained and be available until expended, for nec9 essary salaries and expenses in this account, notwith10 standing section 3302 of title 31, United States Code: Pro11 vided further, That the sum herein appropriated shall be 

12 reduced by the amount of revenues received during fiscal 

13 year 2013 so as to result in a final fiscal year 2013 appro14 priation estimated at not more than $1,952,000: Provided 

15 further, That for fiscal year 2013 and hereafter an indi16 vidual appointed to the position of Inspector General of 

17 the Nuclear Regulatory Commission (NRC) shall, by vir18 tue of such appointment, also hold the position of Inspec19 tor General of the Defense Nuclear Facilities Safety 

20 Board: Provided further, That the Inspector General at the 

21 Defense Nuclear Facilities Safety Board shall have the du22 ties, responsibilities, and authorities specified in the In23 spector General Act of 1978, as amended: Provided fur24 ther, That the Inspector General of the Defense Nuclear 

25 Facilities Safety Board shall utilize personnel of the Office 
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1 of Inspector General of NRC in performing the duties of 

2 the Inspector General of the Defense Nuclear Facilities 

3 Safety Board, and shall not appoint any individuals to po4 sitions within the Defense Nuclear Facilities Safety 

5 Board: Provided further, That $850,000 of the sum herein 

6 appropriated is for the necessary expenses of the Nuclear 

7 Regulatory Commission Office of Inspector General in 

8 providing inspector general services at the Defense Nu9 clear Facilities Safety Board. 

10 NUCLEAR WASTE TECHNICAL REVIEW BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Nuclear Waste Tech13 nical Review Board, as authorized by Public Law 100– 

14 203, section 5051, $3,400,000 to be derived from the Nu15 clear Waste Fund, and to remain available until expended. 

16 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

17 NATURAL GAS TRANSPORTATION PROJECTS

18 For necessary expenses for the Office of the Federal 

19 Coordinator for Alaska Natural Gas Transportation 

20 Projects pursuant to the Alaska Natural Gas Pipeline Act 

21 of 2004, $1,000,000 to remain available until September 

22 30, 2014. 
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1 GENERAL PROVISIONS—INDEPENDENT 

2 AGENCIES 

3 SEC. 401. The Denali Commission Act of 1998 (42 

4 U.S.C. 3121 note) is amended— 

5 (1) in section 305, by striking subsection (c) 

6 and inserting the following: 

7 ‘‘(c) GIFTS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the Commission, on behalf of the United 

10 States, may accept, use, and dispose of gifts or do11 nations of services, property, or money for purposes 

12 of carrying out this Act. 

13 ‘‘(2) CONDITIONAL.—With respect to condi14 tional gifts— 

15 ‘‘(A)(i) the Commission, on behalf of the 

16 United States, may accept conditional gifts for 

17 purposes of carrying out this Act, if approved 

18 by the Federal Cochairperson; and 

19 ‘‘(ii) the principal of and income from any 

20 such conditional gift shall be held, invested, re21 invested, and used in accordance with the con22 dition applicable to the gift; but 

23 ‘‘(B) no gift shall be accepted that is con24 ditioned on any expenditure not to be funded 

25 from the gift or from the income generated by 
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1 the gift unless the expenditure has been ap2 proved by an Act of Congress; and 

3 ‘‘(C) the Commission shall submit an an4 nual report to the House and Senate Commit5 tees on Appropriations that describes the 

6 amount and terms of conditional gifts, the man7 ner in which such conditional gifts were or shall 

8 be used, and any results achieved by such use.’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL 

12 AGENCIES. 

13 ‘‘(a) The Commission may accept transfers of funds 

14 from other Federal agencies for purposes of this Act. 

15 ‘‘(b) Any Federal agency authorized to carry out an 

16 activity that is within the authority of the Commission 

17 may transfer to the Commission any appropriated funds 

18 available for such activity. Funds transferred to the Com19 mission under this section shall be merged with and be 

20 available for the same time period as the commission’s ap21 propriation. 

22 ‘‘(c) The Commission shall submit a report to the 

23 House and Senate Committees on Appropriations detail24 ing and summarizing all transfers to and expenditures 

25 from the Denali Commission under this section.’’. 
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1 TITLE V 

2 GENERAL PROVISIONS 

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

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

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

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

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in this Act or any other appropriation Act. 

14 This Act may be cited as the ‘‘Energy and Water De15 velopment and Related Agencies Appropriations Act, 

16 2013’’. 
Calendar No. 383 

112TH CONGRESS 

2D SESSION S. 2465 

[Report No. 112–164] 

A BILL 

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

APRIL 26, 2012 

Read twice and placed on the calendar