IIB 

Calendar No. 157 

112TH CONGRESS 

1ST SESSION H. R. 2354 

[Report No. 112–75] 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2011 

Received; read twice and referred to the Committee on Appropriations 

SEPTEMBER 7, 2011 

Reported by Mrs. FEINSTEIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2012, 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, 2012, and for other pur7 poses, namely: 
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1 TITLE I—CORPS OF ENGINEERS—CIVIL 

2 DEPARTMENT OF THE ARMY 

3 CORPS OF ENGINEERS—CIVIL

4 The following appropriations shall be expended under 

5 the direction of the Secretary of the Army and the super6 vision of the Chief of Engineers for authorized civil func7 tions of the Department of the Army pertaining to rivers 

8 and harbors, flood and storm damage reduction, shore 

9 protection, aquatic ecosystem restoration, and related ef10 forts. 

11 INVESTIGATIONS

12 For expenses necessary when 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 and 

17 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, $104,000,000, to remain 

24 available until expended: Provided, That except as pro25 vided in section 101, the amounts made available under 
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1 this paragraph shall be expended as authorized by law for 

2 the programs, projects and activities specified in the text 

3 and table under this heading in the report of the Com4 mittee on Appropriations of the House of Representatives 

5 to accompany this Act. 

6 CONSTRUCTION

7 (INCLUDING RESCISSION OF FUNDS)

8 For expenses necessary for the construction of river 

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

11 projects authorized by law; for conducting detailed studies 

12 and plans and specifications of such projects (including 

13 those involving participation by States, local governments, 

14 or private groups) authorized or made eligible for selection 

15 by law (but such detailed studies and plans and specifica16 tions shall not constitute a commitment of the Govern17 ment to construction), $1,615,941,000 (reduced by 

18 $1,750,000), to remain available until expended; of which 

19 such sums as are necessary to cover the Federal share of 

20 construction costs for facilities under the Dredged Mate21 rial Disposal Facilities program shall be derived from the 

22 Harbor Maintenance Trust Fund as authorized by the 

23 Water Resources Development Act of 1996 (Public Law 

24 104–303); and of which such sums as are necessary to 

25 cover one-half of the costs of construction, replacement, 
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1 rehabilitation, and expansion of inland waterways projects 

2 (including only Olmsted Lock and Dam, Ohio River, Illi3 nois and Kentucky; Emsworth Locks and Dam, Ohio 

4 River, Pennsylvania; Lock and Dams 2, 3, and 4, 

5 Monongahela River, Pennsylvania; and Lock and Dam 27, 

6 Mississippi River, Illinois) shall be derived from the Inland 

7 Waterways Trust Fund: Provided, That of the unobligated 

8 balances from prior year appropriations available under 

9 this heading, $50,000,000 is rescinded: Provided further, 

10 That no amounts may be rescinded from amounts that 

11 were designated by the Congress as an emergency require12 ment pursuant to the Concurrent Resolution on the Budg13 et or the Balanced Budget and Emergency Deficit Control 

14 Act of 1985, as amended: Provided further, That except 

15 as provided in section 101, the amounts made available 

16 under this paragraph shall be expended as authorized by 

17 law for the programs, projects, and activities specified in 

18 the text and table under this heading in the report of the 

19 Committee on Appropriations of the House of Representa20 tives to accompany this Act. 

21 MISSISSIPPI RIVER AND TRIBUTARIES

22 For expenses necessary for flood damage reduction 

23 projects and related efforts in the Mississippi River allu24 vial valley below Cape Girardeau, Missouri, as authorized 

25 by law, $210,000,000, to remain available until expended, 
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1 of which such sums as are necessary to cover the Federal 

2 share of eligible operation and maintenance costs for in3 land harbors shall be derived from the Harbor Mainte4 nance Trust Fund: Provided, That except as provided in 

5 section 101, the amounts made available under this para6 graph shall be expended as authorized by law for the pro7 grams, projects, and activities specified in the text and 

8 table under this heading in the report of the Committee 

9 on Appropriations of the House of Representatives to ac10 company this Act. 

11 OPERATION AND MAINTENANCE

12 For expenses necessary for the operation, mainte13 nance, and care of existing river and harbor, flood and 

14 storm damage reduction, aquatic ecosystem restoration, 

15 and related projects authorized by law; providing security 

16 for infrastructure owned or operated by the Corps of Engi17 neers, including administrative buildings and laboratories; 

18 maintaining harbor channels provided by a State, munici19 pality, or other public agency that serve essential naviga20 tion needs of general commerce, when authorized by law; 

21 surveying and charting northern and northwestern lakes 

22 and connecting waters; clearing and straightening chan23 nels; and removing obstructions to navigation, 

24 $2,366,465,000 (increased by $1,000,000) (increased by 

25 $6,360,000) (reduced by $4,900,000), to remain available 
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1 until expended, of which such sums as are necessary to 

2 cover the Federal share of eligible operation and mainte3 nance costs for coastal harbors and channels and for in4 land harbors shall be derived from the Harbor Mainte5 nance Trust Fund; of which such sums as become avail6 able from the special account for the Corps of Engineers 

7 established by the Land and Water Conservation Fund 

8 Act of 1965 (16 U.S.C. 460l–6a(i)) shall be derived from 

9 that account for resource protection, research, interpreta10 tion, and maintenance activities related to resource protec11 tion in the areas at which outdoor recreation is available; 

12 and of which such sums as become available from fees col13 lected under section 217 of the Water Resources Develop14 ment Act of 1996 (Public Law 104–303) shall be used 

15 to cover the cost of operation and maintenance of the 

16 dredged material disposal facilities for which such fees 

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

18 amount of funds provided for each of the programs, 

19 projects or activities funded under this heading shall not 

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

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

23 emergency activities as the Chief of Engineers determines 

24 to be necessary and appropriate, and that the Chief of En25 gineers shall allocate during the fourth quarter any re-
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1 maining funds which have not been used for emergency 

2 activities proportionally in accordance with the amounts 

3 provided for the programs, projects or activities: Provided 

4 further, That except as provided in section 101, the 

5 amounts made available under this paragraph shall be ex6 pended as authorized by law for the programs, projects, 

7 and activities specified in the text and table under this 

8 heading in the report of the Committee on Appropriations 

9 of the House of Representatives to accompany this Act. 

10 REGULATORY PROGRAM

11 For expenses necessary for administration of laws 

12 pertaining to regulation of navigable waters and wetlands, 

13 $196,000,000, to remain available until expended. 

14 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

15 For expenses necessary to clean up contamination 

16 from sites in the United States resulting from work per17 formed as part of the Nation’s early atomic energy pro18 gram, $109,000,000, to remain available until expended. 

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For expenses necessary to prepare for floods, hurri21 canes, and other natural disasters and support emergency 

22 operations, repairs, and other activities in response to 

23 such disasters as authorized by law, $27,000,000, to re24 main available until expended. 
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1 EXPENSES

2 For expenses necessary for the supervision and gen3 eral administration of the civil works program in the head4 quarters of the Corps of Engineers and the offices of the 

5 Division Engineers; and for costs of management and op6 eration of the Humphreys Engineer Center Support Activ7 ity, the Institute for Water Resources, the United States 

8 Army Engineer Research and Development Center, and 

9 the United States Army Corps of Engineers Finance Cen10 ter allocable to the civil works program, $185,000,000 (re11 duced by $6,360,000), to remain available until expended, 

12 of which not to exceed $5,000 may be used for official 

13 reception and representation purposes and only during the 

14 current fiscal year: Provided, That no part of any other 

15 appropriation in this title shall be available to fund the 

16 civil works activities of the Office of the Chief of Engineers 

17 or the civil works executive direction and management ac18 tivities of the division offices: Provided further, That any 

19 Flood Control and Coastal Emergencies appropriation 

20 may be used to fund the supervision and general adminis21 tration of emergency operations, repairs, and other activi22 ties in response to any flood, hurricane, or other natural 

23 disaster. 
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1 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

2 FOR CIVIL WORKS

3 For the Office of the Assistant Secretary of the Army 

4 for Civil Works as authorized by section 3016(b)(3) of 

5 title 10, United States Code, $5,000,000, to remain avail6 able until expended. 

7 ADMINISTRATIVE PROVISION

8 The Revolving Fund, Corps of Engineers, shall be 

9 available during the current fiscal year for purchase (not 

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

11 motor vehicles for the civil works program. 

12 GENERAL PROVISIONS, CORPS OF 

13 ENGINEERS—CIVIL 

14 (INCLUDING TRANSFERS OF FUNDS)

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

16 shall be available for obligation or expenditure through a 

17 reprogramming of funds that— 

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

19 or activity; 

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

21 (3) increases funds or personnel for any pro22 gram, project, or activity for which funds are denied 

23 or restricted by this Act; 
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1 (4) reduces funds that are directed to be used 

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

3 Act; 

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

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

6 whichever is less; or 

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

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

9 whichever is less. 

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

11 or activity authorized under section 205 of the Flood Con12 trol Act of 1948, section 14 of the Flood Control Act of 

13 1946, section 208 of the Flood Control Act of 1954, sec14 tion 107 of the River and Harbor Act of 1960, section 

15 103 of the River and Harbor Act of 1962, section 111 

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

17 Water Resources Development Act of 1986, section 206 

18 of the Water Resources Development Act of 1996, or sec19 tion 204 of the Water Resources Development Act of 

20 1992. 

21 (c) This section shall not apply to additional flood 

22 and coastal storm damage reduction and navigation pro23 gram funds provided under ‘‘Remaining Items’’ in the ta24 bles under the headings ‘‘Corps of Engineers-Civil—Con25 struction’’ and ‘‘Corps of Engineers-Civil—Operation and 
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1 Maintenance’’ or to additional investigations funding 

2 under ‘‘National Programs’’ under the heading ‘‘Corps of 

3 Engineers-Civil—Investigations’’ in the report of the Com4 mittee on Appropriations of the House of Representatives 

5 to accompany this Act. 

6 (d) The Corps of Engineers shall submit reports on 

7 a quarterly basis to the Committees on Appropriations of 

8 the House of Representatives and the Senate detailing all 

9 the funds reprogrammed between programs, projects, ac10 tivities, or categories of funding. The first quarterly report 

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

12 of enactment of this Act. 

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

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

15 commits funds beyond the amounts appropriated for that 

16 program, project, or activity that remain unobligated, ex17 cept that such amounts may include any funds that have 

18 been made available through reprogramming pursuant to 

19 section 101. 

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

21 Acts, making funds available for Energy and Water Devel22 opment, shall be used to award any continuing contract 

23 that commits additional funding from the Inland Water24 ways Trust Fund unless or until such time that a long25 term mechanism to enhance revenues in this Fund suffi-
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1 cient to meet the cost-sharing authorized in the Water Re2 sources Development Act of 1986 (Public Law 99–662) 

3 is enacted. 

4 SEC. 104. Not later than 90 days after the date of 

5 the Chief of Engineers Report on a water resource matter, 

6 the Assistant Secretary of the Army for Civil Works shall 

7 submit the report to the appropriate authorizing and ap8 propriating committees of the Congress. 

9 SEC. 105. During the 1-year period beginning on the 

10 date of enactment of this Act, the Secretary of the Army 

11 is authorized to implement measures recommended in the 

12 efficacy study authorized under section 3061 of the Water 

13 Resources Development Act of 2007 (121 Stat. 1121) or 

14 in interim reports, with such modifications or emergency 

15 measures as the Secretary of the Army determines to be 

16 appropriate, to prevent aquatic nuisance species from dis17 persing into the Great Lakes by way of any hydrologic 

18 connection between the Great Lakes and the Mississippi 

19 River Basin. 

20 SEC. 106. The Secretary is authorized to transfer to 

21 ‘‘Corps of Engineers-Civil—Construction’’ up to 

22 $100,000,000 of the funds provided for reinforcing or re23 placing flood walls under the heading ‘‘Corps of Engi24 neers-Civil—Flood Control and Coastal Emergencies’’ in 

25 Public Law 109–234 and Public Law 110–252 and up to 
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1 $75,000,000 of the funds provided for projects and meas2 ures for the West Bank and Vicinity and Lake 

3 Ponchartrain and Vicinity projects under the heading 

4 ‘‘Corps of Engineers-Civil—Flood Control and Coastal 

5 Emergencies’’ in Public Law 110–28, to be used with 

6 funds provided for the West Bank and Vicinity project 

7 under the heading ‘‘Corps of Engineers-Civil—Construc8 tion’’ in Public Law 110–252 and Public Law 110–329, 

9 consistent with 65 percent Federal and 35 percent non10 Federal cost share and the financing of, and payment 

11 terms for, the non-Federal cash contribution associated 

12 with the West Bank and Vicinity project. 

13 SEC. 107. The Secretary of the Army may transfer 

14 to the Fish and Wildlife Service, and the Fish and Wildlife 

15 Service may accept and expend, up to $3,800,000 of funds 

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

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

18 of Engineers projects. 

19 SEC. 108. None of the funds made available by this 

20 Act or any subsequent Act making appropriations for En21 ergy and Water Development may be used by the Corps 

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

23 enforce a change or supplement to the rule dated Novem24 ber 13, 1986, or guidance documents dated January 15, 

25 2003, and December 2, 2008, pertaining to the definition 
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1 of waters under the jurisdiction of the Federal Water Pol2 lution Control Act (33 U.S.C. 1251 et seq.). 

3 SEC. 109. None of the funds made available in this 

4 Act may be used by the Corps of Engineers to relocate, 

5 or study the relocation of, any regional division head6 quarters of the Corps located at a military installation or 

7 any permanent employees of such headquarters. 

8 SEC. 110. (a) Section 5 of the Act entitled ‘‘An Act 

9 authorizing the construction of certain public works on 

10 rivers and harbors for flood control, and for other pur11 poses,’’ approved June 22, 1936, (33 U.S.C. 701h), is 

12 amended by— 

13 (1) inserting ‘‘for work, which includes planning 

14 and design,’’ before ‘‘to be expended’’; 

15 (2) striking ‘‘flood control or environmental res16 toration work’’ and inserting ‘‘water resources devel17 opment study or project’’; and 

18 (3) inserting ‘‘: Provided further, That the term 

19 ‘States’ means the several States, the District of Co20 lumbia, the commonwealths, territories, and posses21 sions of the United States, and Federally recognized 

22 Indian tribes’’ before the period. 

23 (b) The Secretary shall notify the appropriate com24 mittees of Congress prior to initiation of negotiations for 

25 accepting contributed funds under 33 U.S.C. 701h. 
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1 TITLE II—DEPARTMENT OF THE INTERIOR 

2 CENTRAL UTAH PROJECT

3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

4 For carrying out activities authorized by the Central 

5 Utah Project Completion Act, $27,154,000, to remain 

6 available until expended, of which $2,000,000 shall be de7 posited into the Utah Reclamation Mitigation and Con8 servation Account for use by the Utah Reclamation Miti9 gation and Conservation Commission. In addition, for nec10 essary expenses incurred in carrying out related respon11 sibilities of the Secretary of the Interior, $1,550,000. For 

12 fiscal year 2012, the Commission may use an amount not 

13 to exceed $1,500,000 for administrative expenses. 

14 BUREAU OF RECLAMATION

15 The following appropriations shall be expended to 

16 execute authorized functions of the Bureau of Reclama17 tion: 

18 WATER AND RELATED RESOURCES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For management, development, and restoration of 

21 water and related natural resources and for related activi22 ties, including the operation, maintenance, and rehabilita23 tion of reclamation and other facilities, participation in 

24 fulfilling related Federal responsibilities to Native Ameri25 cans, and related grants to, and cooperative and other 
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1 agreements with, State and local governments, federally 

2 recognized Indian tribes, and others, $822,300,000, to re3 main available until expended, of which $10,698,000 shall 

4 be available for transfer to the Upper Colorado River 

5 Basin Fund and $6,136,000 shall be available for transfer 

6 to the Lower Colorado River Basin Development Fund; 

7 of which such amounts as may be necessary may be ad8 vanced to the Colorado River Dam Fund; of which not 

9 more than $500,000 is for high priority projects which 

10 shall be carried out by the Youth Conservation Corps, as 

11 authorized by 16 U.S.C. 1706: Provided, That such trans12 fers may be increased or decreased within the overall ap13 propriation under this heading: Provided further, That of 

14 the total appropriated, the amount for program activities 

15 that can be financed by the Reclamation Fund or the Bu16 reau of Reclamation special fee account established by 16 

17 U.S.C. 460l–6a(i) shall be derived from that Fund or ac18 count: Provided further, That funds contributed under 43 

19 U.S.C. 395 are available until expended for the purposes 

20 for which contributed: Provided further, That funds ad21 vanced under 43 U.S.C. 397a shall be credited to this ac22 count and are available until expended for the same pur23 poses as the sums appropriated under this heading: Pro24 vided further, That except as provided in section 201, the 

25 amounts made available under this paragraph shall be ex-
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1 pended as authorized by law for the programs, projects, 

2 and activities specified in the text and table under this 

3 heading in the report of the Committee on Appropriations 

4 of the House of Representatives to accompany this Act. 

5 CENTRAL VALLEY PROJECT RESTORATION FUND

6 For carrying out the programs, projects, plans, habi7 tat restoration, improvement, and acquisition provisions of 

8 the Central Valley Project Improvement Act, $53,068,000, 

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

10 Central Valley Project Restoration Fund pursuant to sec11 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

12 102–575, to remain available until expended: Provided, 

13 That the Bureau of Reclamation is directed to assess and 

14 collect the full amount of the additional mitigation and 

15 restoration payments authorized by section 3407(d) of 

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

17 funds made available under this heading may be used for 

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

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

20 by a court adopted decree or order. 

21 CALIFORNIA BAY-DELTA RESTORATION

22 (INCLUDING TRANSFERS OF FUNDS)

23 For carrying out activities authorized by the Water 

24 Supply, Reliability, and Environmental Improvement Act, 

25 consistent with plans to be approved by the Secretary of 
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1 the Interior, $35,928,000, to remain available until ex2 pended, of which such amounts as may be necessary to 

3 carry out such activities may be transferred to appropriate 

4 accounts of other participating Federal agencies to carry 

5 out authorized purposes: Provided, That funds appro6 priated herein may be used for the Federal share of the 

7 costs of CALFED Program management: Provided fur8 ther, That the use of any funds provided to the California 

9 Bay-Delta Authority for program-wide management and 

10 oversight activities shall be subject to the approval of the 

11 Secretary of the Interior: Provided further, That CALFED 

12 implementation shall be carried out in a balanced manner 

13 with clear performance measures demonstrating concur14 rent progress in achieving the goals and objectives of the 

15 Program. 

16 POLICY AND ADMINISTRATION

17 For necessary expenses of policy, administration, and 

18 related functions in the Office of the Commissioner, the 

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

20 of Reclamation, to remain available until expended, 

21 $60,000,000, to be derived from the Reclamation Fund 

22 and be nonreimbursable as provided in 43 U.S.C. 377: 

23 Provided, That no part of any other appropriation in this 

24 Act shall be available for activities or functions budgeted 

25 as policy and administration expenses. 
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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed five passenger 

4 motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE 

6 INTERIOR 

7 (INCLUDING RESCISSION OF FUNDS)

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

9 shall be available for obligation or expenditure through a 

10 reprogramming of funds that— 

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

12 or activity; 

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

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

15 activity for which funds have been denied or re16 stricted by this Act; 

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

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

19 Act; 

20 (5) transfers funds in excess of the following 

21 limits— 

22 (A) 15 percent for any program, project, 

23 or activity for which $2,000,000 or more is 

24 available at the beginning of the fiscal year; or 
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1 (B) $300,000 for any program, project, or 

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

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

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

7 Development category to any program, project, or 

8 activity in the other category; or 

9 (7) transfers, when necessary to discharge legal 

10 obligations of the Bureau of Reclamation, more than 

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

12 contractor claims, increased contractor earnings due 

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

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

16 of funds within the Facilities Operation, Maintenance, and 

17 Rehabilitation category. 

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

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

20 project, or activity. 

21 (d) The Bureau of Reclamation shall submit reports 

22 on a quarterly basis to the Committees on Appropriations 

23 of the House of Representatives and the Senate detailing 

24 all the funds reprogrammed between programs, projects, 

25 activities, or categories of funding. The first quarterly re-
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1 port shall be submitted not later than 60 days after the 

2 date of enactment of this Act. 

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

6 for the San Luis Unit until development by the Secretary 

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

8 shall conform to the water quality standards of the State 

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

12 (b) The costs of the Kesterson Reservoir Cleanup 

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

15 Interior as reimbursable or nonreimbursable and collected 

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

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

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

21 prepared by the Department of the Interior, Bureau of 

22 Reclamation. Any future obligations of funds by the 

23 United States relating to, or providing for, drainage serv24 ice or drainage studies for the San Luis Unit shall be fully 
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1 reimbursable by San Luis Unit beneficiaries of such serv2 ice or studies pursuant to Federal reclamation law. 

3 SEC. 203. Of the funds deposited in the San Joaquin 

4 River Restoration Fund in accordance with subparagraphs 

5 (A), (B), and (C) of section 10009(c)(1) of Public Law 

6 111–11, all unobligated balances remaining from prior fis7 cal years are hereby permanently rescinded. 

8 TITLE III—DEPARTMENT OF ENERGY 

9 ENERGY PROGRAMS 

10 ENERGY EFFICIENCY AND RENEWABLE ENERGY

11 For Department of Energy expenses including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment, and other expenses necessary for energy 

14 efficiency and renewable energy activities in carrying out 

15 the purposes of the Department of Energy Organization 

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

17 condemnation of any real property or any facility or for 

18 plant or facility acquisition, construction, or expansion, 

19 $1,304,636,000 (reduced by $6,000,000) (reduced by 

20 $200,000), to remain available until expended: Provided, 

21 That for the purposes of allocating weatherization assist22 ance funds appropriated by this Act to States and tribes, 

23 the Secretary of Energy may waive the allocation formula 

24 established pursuant to section 414(a) of the Energy Con25 servation and Production Act (42 U.S.C. 6864(a)). 
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1 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for elec5 tricity delivery and energy reliability activities in carrying 

6 out the purposes of the Department of Energy Organiza7 tion Act (42 U.S.C. 7101 et seq.), including the acquisi8 tion or condemnation of any real property or any facility 

9 or for plant or facility acquisition, construction, or expan10 sion, $139,496,000, to remain available until expended. 

11 NUCLEAR ENERGY

12 For Department of Energy expenses including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment, and other expenses necessary for nuclear 

15 energy activities in carrying out the purposes of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

18 real property or any facility or for plant or facility acquisi19 tion, construction, or expansion, and the purchase of not 

20 more than 10 buses, all for replacement only, 

21 $733,633,000, to remain available until expended. 

22 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

23 For necessary expenses in carrying out fossil energy 

24 research and development activities, under the authority 

25 of the Department of Energy Organization Act (Public 
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1 Law 95–91), including the acquisition of interest, includ2 ing defeasible and equitable interests in any real property 

3 or any facility or for plant or facility acquisition or expan4 sion, and for conducting inquiries, technological investiga5 tions and research concerning the extraction, processing, 

6 use, and disposal of mineral substances without objection7 able social and environmental costs (30 U.S.C. 3, 1602, 

8 and 1603), $476,993,000 (reduced by $2,200,000) (in9 creased by $2,200,000), to remain available until ex10 pended: Provided, That for all programs funded under 

11 Fossil Energy appropriations in this Act or any other Act, 

12 the Secretary may vest fee title or other property interests 

13 acquired under projects in any entity, including the United 

14 States. 

15 NAVAL PETROLEUM AND OIL SHALE RESERVES

16 For expenses necessary to carry out naval petroleum 

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

18 available until expended: Provided, That, notwithstanding 

19 any other provision of law, unobligated funds remaining 

20 from prior years shall be available for all naval petroleum 

21 and oil shale reserve activities. 

22 STRATEGIC PETROLEUM RESERVE

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

25 management activities pursuant to the Energy Policy and 
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1 Conservation Act of 1975, as amended (42 U.S.C. 6201 

2 et seq.), $192,704,000, to remain available until expended. 

3 SPR PETROLEUM ACCOUNT

4 Notwithstanding sections 161 and 167 of the Energy 

5 Policy and Conservation Act (42 U.S.C. 6241 and 6247), 

6 the Secretary of Energy shall sell $500,000,000 in petro7 leum products from the Reserve not later than March 1, 

8 2012, and shall deposit any proceeds from such sales in 

9 the General Fund of the Treasury: Provided, That during 

10 fiscal year 2012 and hereafter, the quantity of petroleum 

11 products sold from the Reserve under the authority of this 

12 Act may only be replaced using the authority provided in 

13 paragraph (a)(1) or (3) of section 160 of the Energy Pol14 icy and Conservation Act (42 U.S.C. 6240(a)(1) or (3)): 

15 Provided further, That unobligated balances in this ac16 count shall be available to cover the costs of any sale under 

17 this Act. 

18 NORTHEAST HOME HEATING OIL RESERVE

19 (INCLUDING RESCISSION OF FUNDS)

20 For necessary expenses for Northeast Home Heating 

21 Oil Reserve storage, operation, and management activities 

22 pursuant to the Energy Policy and Conservation Act, 

23 $10,119,000, to remain available until expended: Pro24 vided, That amounts net of the purchase of 1 million bar25 rels of petroleum distillates in fiscal year 2011; costs re-
26 

•HR 2354 RS

1 lated to transportation, delivery, and storage; and sales 

2 of petroleum distillate from the Reserve under section 182 

3 of the Energy Policy and Conservation Act (42 U.S.C. 

4 6250a) are hereby permanently rescinded: Provided fur5 ther, That notwithstanding section 181 of the Energy Pol6 icy and Conservation Act (42 U.S.C. 6250), for fiscal year 

7 2012 and hereafter, the Reserve shall contain no more 

8 than 1 million barrels of petroleum distillate. 

9 ENERGY INFORMATION ADMINISTRATION

10 For necessary expenses in carrying out the activities 

11 of the Energy Information Administration, $105,000,000, 

12 to remain available until expended. 

13 NON-DEFENSE ENVIRONMENTAL CLEANUP

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other expenses necessary for non-de17 fense environmental cleanup activities in carrying out the 

18 purposes of the Department of Energy Organization Act 

19 (42 U.S.C. 7101 et seq.), including the acquisition or con20 demnation of any real property or any facility or for plant 

21 or facility acquisition, construction, or expansion, 

22 $213,121,000 (increased by $41,000,000), to remain 

23 available until expended. 
27 

•HR 2354 RS

1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning, 

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

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

7 the Energy Policy Act of 1992, $449,000,000, to be de8 rived from the Uranium Enrichment Decontamination and 

9 Decommissioning Fund, and not more than $150,000,000, 

10 to be derived from the barter, transfer, or sale of uranium 

11 authorized under section 3112 of the USEC Privatization 

12 Act (42 U.S.C. 2297h–10) or section 314 of the Energy 

13 and Water Development Appropriations Act, 2006 (Public 

14 Law 109–103), to remain available until expended: Pro15 vided, That proceeds from such barter, transfer, or sale 

16 of uranium in excess of such amount shall not be available 

17 until appropriated. 

18 SCIENCE

19 For Department of Energy expenses including the 

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

22 activities in carrying out the purposes of the Department 

23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in24 cluding the acquisition or condemnation of any real prop25 erty or facility or for plant or facility acquisition, construc-
28 

•HR 2354 RS

1 tion, or expansion, and purchase of not more than 49 pas2 senger motor vehicles for replacement only, including one 

3 ambulance and one bus, $4,800,000,000, to remain avail4 able until expended. 

5 NUCLEAR WASTE DISPOSAL

6 For nuclear waste disposal activities to carry out the 

7 purposes of the Nuclear Waste Policy Act of 1982 (Public 

8 Law 97–425), $25,000,000, to remain available until ex9 pended, and to be derived from the Nuclear Waste Fund. 

10 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

11 For necessary expenses in carrying out the activities 

12 authorized by section 5012 of the America COMPETES 

13 Act (42 U.S.C. 16538), $100,000,000 (increased by 

14 $79,640,000), to remain available until expended. 

15 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

16 PROGRAM

17 Subject to section 502 of the Congressional Budget 

18 Act of 1974, for the cost of loan guarantees for renewable 

19 energy or efficient end-use energy technologies under sec20 tion 1703 of the Energy Policy Act of 2005, 

21 $160,000,000, to remain available until expended: Pro22 vided, That the amounts provided in this section are in 

23 addition to those provided in any other Act: Provided fur24 ther, That, notwithstanding section 1703(a)(2) of the En25 ergy Policy Act of 2005, funds appropriated for the cost 
29 

•HR 2354 RS

1 of loan guarantees are also available for projects for which 

2 an application has been submitted to the Department of 

3 Energy prior to February 24, 2011, in whole or in part, 

4 for a loan guarantee under 1705 of the Energy Policy Act 

5 of 2005: Provided further, That an additional amount for 

6 necessary administrative expenses to carry out this Loan 

7 Guarantee program, $38,000,000 is appropriated, to re8 main available until expended: Provided further, That 

9 $38,000,000 of the fees collected pursuant to section 

10 1702(h) of the Energy Policy Act of 2005 shall be credited 

11 as offsetting collections to this account to cover adminis12 trative expenses and shall remain available until expended, 

13 so as to result in a final fiscal year 2012 appropriations 

14 from the general fund estimated at not more than $0: Pro15 vided further, That fees collected under section 1702(h) 

16 in excess of the amount appropriated for administrative 

17 expenses shall not be available until appropriated: Pro18 vided further, That for amounts collected pursuant to sec19 tion 1702(b)(2) of the Energy Policy Act of 2005, the 

20 source of such payment received from borrowers is not a 

21 loan or other debt obligation that is guaranteed by the 

22 Federal Government: Provided further, That none of the 

23 loan guarantee authority made available in this paragraph 

24 shall be available for commitments to guarantee loans for 

25 any projects where funds, personnel, or property (tangible 
30 

•HR 2354 RS

1 or intangible) of any Federal agency, instrumentality, per2 sonnel or affiliated entity are expected to be used (directly 

3 or indirectly) through acquisitions, contracts, demonstra4 tions, exchanges, grants, incentives, leases, procurements, 

5 sales, other transaction authority, or other arrangements, 

6 to support the project or to obtain goods or services from 

7 the project: Provided further, That the previous proviso 

8 shall not be interpreted as precluding the use of the loan 

9 guarantee authority in this paragraph for commitments 

10 to guarantee loans for projects as a result of such projects 

11 benefitting from: (1) otherwise allowable Federal income 

12 tax benefits; (2) being located on Federal land pursuant 

13 to a lease or right-of-way agreement for which all consider14 ation for all uses is: (A) paid exclusively in cash; (B) de15 posited in the Treasury as offsetting receipts; and (C) 

16 equal to the fair market value as determined by the head 

17 of the relevant Federal agency; (3) Federal insurance pro18 grams, including under section 170 of the Atomic Energy 

19 Act of 1954 (42 U.S.C. 2210; commonly known as the 

20 ‘‘Price-Anderson Act’’); or (4) for electric generation 

21 projects, use of transmission facilities owned or operated 

22 by a Federal Power Marketing Administration or the Ten23 nessee Valley Authority that have been authorized, ap24 proved, and financed independent of the project receiving 

25 the guarantee: Provided further, That none of the loan 
31 

•HR 2354 RS

1 guarantee authority made available in this paragraph shall 

2 be available for any project unless the Director of the Of3 fice of Management and Budget has certified in advance 

4 in writing that the loan guarantee and the project comply 

5 with the provisions under this paragraph. 

6 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

7 LOAN PROGRAM

8 For administrative expenses in carrying out the Ad9 vanced Technology Vehicles Manufacturing Loan Pro10 gram, $6,000,000, to remain available until expended. 

11 DEPARTMENTAL ADMINISTRATION

12 For salaries and expenses of the Department of En13 ergy necessary for departmental administration in car14 rying out the purposes of the Department of Energy Orga15 nization Act (42 U.S.C. 7101 et seq.), including the hire 

16 of passenger motor vehicles and official reception and rep17 resentation expenses not to exceed $30,000,$221,514,000 

18 (reduced by $2,500,000) (reduced by $35,000,000) (re19 duced by $21,000,000) (reduced by $79,640,000) (re20 duced by $10,000,000), to remain available until ex21 pended, plus such additional amounts as necessary to 

22 cover increases in the estimated amount of cost of work 

23 for others notwithstanding the provisions of the Anti-Defi24 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

25 increases in cost of work are offset by revenue increases 
32 

•HR 2354 RS

1 of the same or greater amount, to remain available until 

2 expended: Provided further, That moneys received by the 

3 Department for miscellaneous revenues estimated to total 

4 $111,883,000 in fiscal year 2012 may be retained and 

5 used for operating expenses within this account, and may 

6 remain available until expended, as authorized by section 

7 201 of Public Law 95–238, notwithstanding the provisions 

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

9 appropriated shall be reduced by the amount of miscella10 neous revenues received during 2012, and any related ap11 propriated receipt account balances remaining from prior 

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

13 fiscal year 2012 appropriation from the general fund esti14 mated at not more than $109,631,000. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, $41,774,000, to remain 

19 available until expended. 
33 

•HR 2354 RS

1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

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 incidental expenses necessary for 

9 atomic energy defense weapons 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 the purchase of not to exceed one ambulance and one air15 craft; $7,131,993,000, to remain available until expended: 

16 Provided, That of such amount not more than 

17 $139,281,000 may be made available for the B–61 Life 

18 Extension Program until the Administrator for Nuclear 

19 Security submits to the Committees on Appropriations of 

20 the House of Representatives and the Senate the outcome 

21 of its Phase 6.2a design definition and cost study: Pro22 vided further, That of the unobligated balances available 

23 under this heading, $40,332,000 are hereby rescinded: 

24 Provided further, That no amounts may be rescinded from 

25 amounts that were designated by the Congress as an 
34 

•HR 2354 RS

1 emergency requirement pursuant to the Concurrent Reso2 lution on the Budget or the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 

4 DEFENSE NUCLEAR NONPROLIFERATION

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 incidental expenses necessary for 

9 defense nuclear nonproliferation 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 and the purchase of not to exceed one passenger motor 

15 vehicle for replacement only, $2,086,770,000 (increased 

16 by $35,000,000), to remain available until expended: Pro17 vided, That of the unobligated balances available under 

18 this heading, $30,000,000 are hereby rescinded; Provided 

19 further, 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. 
35 

•HR 2354 RS

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 $1,030,600,000, to remain available until expended. 

9 OFFICE OF THE ADMINISTRATOR

10 For necessary expenses of the Office of the Adminis11 trator in the National Nuclear Security Administration, 

12 including official reception and representation expenses 

13 not to exceed $12,000,$420,000,000 (reduced by 

14 $20,000,000), to remain available until expended. 

15 ENVIRONMENTAL AND OTHER DEFENSE 

16 ACTIVITIES 

17 DEFENSE ENVIRONMENTAL CLEANUP

18 For Department of Energy expenses, including the 

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

21 energy defense environmental cleanup activities in car22 rying out the purposes of the Department of Energy Orga23 nization Act (42 U.S.C. 7101 et seq.), including the acqui24 sition or condemnation of any real property or any facility 

25 or for plant or facility acquisition, construction, or expan-
36 

•HR 2354 RS

1 sion, and the purchase of not to exceed one ambulance 

2 and one fire truck for replacement only, $4,937,619,000, 

3 to remain available until expended. 

4 OTHER DEFENSE ACTIVITIES

5 For Department of Energy expenses, including the 

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

8 energy defense, other defense activities, and classified ac9 tivities, in carrying out the purposes of the Department 

10 of Energy Organization Act (42 U.S.C. 7101 et seq.), in11 cluding the acquisition or condemnation of any real prop12 erty or any facility or for plant or facility acquisition, con13 struction, or expansion, and the purchase of not to exceed 

14 10 passenger motor vehicles for replacement only, 

15 $814,000,000, to remain available until expended. 

16 POWER MARKETING ADMINISTRATIONS 

17 BONNEVILLE POWER ADMINISTRATION FUND

18 Expenditures from the Bonneville Power Administra19 tion Fund, established pursuant to Public Law 93–454, 

20 are approved for the Kootenai River Native Fish Con21 servation Aquaculture Program, Lolo Creek Permanent 

22 Weir Facility, and Improving Anadromous Fish produc23 tion on the Warm Springs Reservation, and, in addition, 

24 for official reception and representation expenses in an 

25 amount not to exceed $3,000. During fiscal year 2012, 
37 

•HR 2354 RS

1 no new direct loan obligations may be made from such 

2 Fund. 

3 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

4 ADMINISTRATION

5 For necessary expenses of operation and maintenance 

6 of power transmission facilities and of marketing electric 

7 power and energy, including transmission wheeling and 

8 ancillary services pursuant to section 5 of the Flood Con9 trol Act of 1944 (16 U.S.C. 825s), as applied to the south10 eastern power area, $8,428,000, to remain available until 

11 expended: Provided, That notwithstanding 31 U.S.C. 3302 

12 and section 5 of the Flood Control Act of 1944, up to 

13 $8,428,000 collected by the Southeastern Power Adminis14 tration from the sale of power and related services shall 

15 be credited to this account as discretionary offsetting col16 lections, to remain available until expended for the sole 

17 purpose of funding the annual expenses of the South18 eastern Power Administration: Provided further, That the 

19 sum herein appropriated for annual expenses shall be re20 duced as collections are received during the fiscal year so 

21 as to result in a final fiscal year 2012 appropriation esti22 mated at not more than $0: Provided further, That not23 withstanding 31 U.S.C. 3302, up to $100,162,000 col24 lected by the Southeastern Power Administration pursu25 ant to the Flood Control Act of 1944 to recover purchase 
38 

•HR 2354 RS

1 power and wheeling expenses shall be credited to this ac2 count as offsetting collections, to remain available until 

3 expended for the sole purpose of making purchase power 

4 and wheeling expenditures: Provided further, That for pur5 poses of this appropriation, annual expenses means ex6 penditures that are generally recovered in the same year 

7 that they are incurred (excluding purchase power and 

8 wheeling expenses). 

9 OPERATION AND MAINTENANCE, SOUTHWESTERN

10 POWER ADMINISTRATION

11 For necessary expenses of operation and maintenance 

12 of power transmission facilities and of marketing electric 

13 power and energy, for construction and acquisition of 

14 transmission lines, substations and appurtenant facilities, 

15 and for administrative expenses, including official recep16 tion and representation expenses in an amount not to ex17 ceed $1,500 in carrying out section 5 of the Flood Control 

18 Act of 1944 (16 U.S.C. 825s), as applied to the South19 western Power Administration, $45,010,000, to remain 

20 available until expended: Provided, That notwithstanding 

21 31 U.S.C. 3302 and section 5 of the Flood Control Act 

22 of 1944 (16 U.S.C. 825s), up to $33,118,000 collected 

23 by the Southwestern Power Administration from the sale 

24 of power and related services shall be credited to this ac25 count as discretionary offsetting collections, to remain 
39 

•HR 2354 RS

1 available until expended, for the sole purpose of funding 

2 the annual expenses of the Southwestern Power Adminis3 tration: Provided further, That the sum herein appro4 priated for annual expenses shall be reduced as collections 

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

6 fiscal year 2012 appropriation estimated at not more than 

7 $11,892,000: Provided further, That, notwithstanding 31 

8 U.S.C. 3302, up to $40,000,000 collected by the South9 western Power Administration pursuant to the Flood Con10 trol Act of 1944 to recover purchase power and wheeling 

11 expenses shall be credited to this account as offsetting col12 lections, to remain available until expended for the sole 

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

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

18 CONSTRUCTION, REHABILITATION, OPERATION AND

19 MAINTENANCE, WESTERN AREA POWER ADMINIS20 TRATION

21 For carrying out the functions authorized by title III, 

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

23 U.S.C. 7152), and other related activities including con24 servation and renewable resources programs as author25 ized, including official reception and representation ex-
40 

•HR 2354 RS

1 penses in an amount not to exceed $1,500; $285,900,000, 

2 to remain available until expended, of which $278,856,000 

3 shall be derived from the Department of the Interior Rec4 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

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

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

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

8 $189,932,000 collected by the Western Area Power Ad9 ministration from the sale of power and related services 

10 shall be credited to this account as discretionary offsetting 

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

12 purpose of funding the annual expenses of the Western 

13 Area Power Administration: Provided further, That the 

14 sum herein appropriated for annual expenses shall be re15 duced as collections are received during the fiscal year so 

16 as to result in a final fiscal year 2012 appropriation esti17 mated at not more than $95,968,000, of which 

18 $88,924,000 is derived from the Reclamation Fund: Pro19 vided further, That of the amount herein appropriated, not 

20 more than $3,375,000 is for deposit into the Utah Rec21 lamation Mitigation and Conservation Account pursuant 

22 to title IV of the Reclamation Projects Authorization and 

23 Adjustment Act of 1992: Provided further, That notwith24 standing 31 U.S.C. 3302, up to $306,541,000 collected 

25 by the Western Area Power Administration pursuant to 
41 

•HR 2354 RS

1 the Flood Control Act of 1944 and the Reclamation 

2 Project Act of 1939 to recover purchase power and wheel3 ing expenses shall be credited to this account as offsetting 

4 collections, to remain available until expended for the sole 

5 purpose of making purchase power and wheeling expendi6 tures: Provided further, That for purposes of this appro7 priation, annual expenses means expenditures that are 

8 generally recovered in the same year that they are in9 curred (excluding purchase power and wheeling expenses). 

10 FALCON AND AMISTAD OPERATING AND MAINTENANCE

11 FUND

12 For operation, maintenance, and emergency costs for 

13 the hydroelectric facilities at the Falcon and Amistad 

14 Dams, $4,169,000, to remain available until expended, 

15 and to be derived from the Falcon and Amistad Operating 

16 and Maintenance Fund of the Western Area Power Ad17 ministration, as provided in section 2 of the Act of June 

18 18, 1954 (68 Stat. 255) as amended: Provided, That not19 withstanding the provisions of that Act and of 31 U.S.C. 

20 3302, up to $3,949,000 collected by the Western Area 

21 Power Administration from the sale of power and related 

22 services from the Falcon and Amistad Dams shall be cred23 ited to this account as discretionary offsetting collections, 

24 to remain available until expended for the sole purpose 

25 of funding the annual expenses of the hydroelectric facili-
42 

•HR 2354 RS

1 ties of these Dams and associated Western Area Power 

2 Administration activities: Provided further, That the sum 

3 herein appropriated for annual expenses shall be reduced 

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

5 result in a final fiscal year 2012 appropriation estimated 

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

7 purposes of this appropriation, annual expenses means ex8 penditures that are generally recovered in the same year 

9 that they are incurred. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

16 the hire of passenger motor vehicles, and official reception 

17 and representation expenses not to exceed 

18 $3,000,$304,600,000, to remain available until expended: 

19 Provided, That notwithstanding any other provision of 

20 law, not to exceed $304,600,000 of revenues from fees and 

21 annual charges, and other services and collections in fiscal 

22 year 2012 shall be retained and used for necessary ex23 penses in this account, and shall remain available until 

24 expended: Provided further, That the sum herein appro25 priated from the general fund shall be reduced as revenues 
43 

•HR 2354 RS

1 are received during fiscal year 2012 so as to result in a 

2 final fiscal year 2012 appropriation from the general fund 

3 estimated at not more than $0. 

4 GENERAL PROVISIONS, DEPARTMENT OF 

5 ENERGY 

6 (INCLUDING TRANSFERS OF FUNDS)

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

8 made available in this title for the Department of Energy 

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

10 or activity or to prepare or initiate Requests For Proposals 

11 or similar arrangements (including Requests for 

12 Quotations, Requests for Information, and Funding Op13 portunity Announcements) for a program, project, or ac14 tivity if the program, project, or activity has not been 

15 funded by Congress. 

16 (b)(1) Except as provided in paragraph (2), the De17 partment of Energy may not, with respect to any program, 

18 project, or activity that uses budget authority made avail19 able in this title under the heading ‘‘Department of En20 ergy—Energy Programs’’, enter into a contract, award a 

21 grant, or enter into a cooperative agreement that obligates 

22 the Government in excess of the budget authority available 

23 under such heading for such purpose, or that is properly 

24 chargeable to budget authority of a future fiscal year be25 fore such budget authority is available, regardless of 
44 

•HR 2354 RS

1 whether the contract, grant, or cooperative agreement in2 cludes a clause conditioning the Government’s obligation 

3 on the availability of such budget authority. 

4 (2) Paragraph (1) shall not apply with respect to 

5 major capital projects. 

6 (c) Except as provided in this section, the amounts 

7 made available by this Act for the Department of Energy 

8 shall be expended as authorized by law for the projects 

9 and activities specified in the text and the ‘‘Bill’’ column 

10 in the ‘‘Comparative Statement of New Budget 

11 (Obligational) Authority for 2011 and Budget Requests 

12 and Amounts Recommended in the Bill for 2012’’ included 

13 under the heading ‘‘Title III—Department of Energy’’ in 

14 the report of the Committee on Appropriations of the 

15 House of Representatives to accompany this Act. 

16 (d) None of the funds provided in this title shall be 

17 available for obligation or expenditure through a re18 programming of funds that— 

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

20 or activity; 

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

22 (3) increases funds or personnel for any pro23 gram, project, or activity for which funds are denied 

24 or restricted by this Act; 
45 

•HR 2354 RS

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

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

3 Act; 

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

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

6 whichever is less; or 

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

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

9 whichever is less. 

10 (e) The Secretary of Energy and the Administrator 

11 for Nuclear Security may jointly waive the restrictions 

12 under subsection (a) and subsection (d) on a case-by-case 

13 basis by certifying to the Committees on Appropriations 

14 of the House of Representatives and the Senate that it 

15 is in the national security interest to do so. 

16 SEC. 302. None of the funds made available in this 

17 title may be used— 

18 (1) to augment the funds made available for ob19 ligation by this Act for severance payments and 

20 other benefits and community assistance grants 

21 under section 4604 of the Atomic Energy Defense 

22 Act (50 U.S.C. 2704) unless the Department of En23 ergy submits a reprogramming request to the appro24 priate congressional committees; 
46 

•HR 2354 RS

1 (2) to provide enhanced severance payments or 

2 other benefits for employees of the Department of 

3 Energy under section 4604; or 

4 (3) develop or implement a workforce restruc5 turing plan that covers employees of the Department 

6 of Energy. 

7 SEC. 303. The unexpended balances of prior appro8 priations provided for activities in this Act may be avail9 able to the same appropriation accounts for such activities 

10 established pursuant to this title. Available balances may 

11 be merged with funds in the applicable established ac12 counts and thereafter may be accounted for as one fund 

13 for the same time period as originally enacted. 

14 SEC. 304. None of the funds in this or any other Act 

15 for the Administrator of the Bonneville Power Administra16 tion may be used to enter into any agreement to perform 

17 energy efficiency services outside the legally defined Bon18 neville service territory, with the exception of services pro19 vided internationally, including services provided on a re20 imbursable basis, unless the Administrator certifies in ad21 vance that such services are not available from private sec22 tor businesses. 

23 SEC. 305. When the Department of Energy makes 

24 a user facility available to universities or other potential 

25 users, or seeks input from universities or other potential 
47 

•HR 2354 RS

1 users regarding significant characteristics or equipment in 

2 a user facility or a proposed user facility, the Department 

3 shall ensure broad public notice of such availability or 

4 such need for input to universities and other potential 

5 users. When the Department of Energy considers the par6 ticipation of a university or other potential user as a for7 mal partner in the establishment or operation of a user 

8 facility, the Department shall employ full and open com9 petition in selecting such a partner. For purposes of this 

10 section, the term ‘‘user facility’’ includes, but is not lim11 ited to: (1) a user facility as described in section 

12 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

13 13503(a)(2)); (2) a National Nuclear Security Adminis14 tration Defense Programs Technology Deployment Cen15 ter/User Facility; and (3) any other Departmental facility 

16 designated by the Department as a user facility. 

17 SEC. 306. Funds appropriated by this or any other 

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

19 Act, for intelligence activities are deemed to be specifically 

20 authorized by the Congress for purposes of section 504 

21 of the National Security Act of 1947 (50 U.S.C. 414) dur22 ing fiscal year 2012 until the enactment of the Intelligence 

23 Authorization Act for Fiscal Year 2012. 

24 SEC. 307. (a) In any fiscal year in which the Sec25 retary of Energy determines that additional funds are 
48 

•HR 2354 RS

1 needed to reimburse the costs of defined benefit pension 

2 plans for contractor employees, the Secretary may transfer 

3 not more than 1 percent of an appropriation made avail4 able in this or any subsequent Energy and Water Develop5 ment Appropriations Act to any other appropriation made 

6 available to the Secretary by such Act for such reimburse7 ment. 

8 (b) Where the Secretary recovers the costs of defined 

9 benefit pension plans for contractor employees through 

10 charges for the indirect costs of research and activities at 

11 facilities of the Department of Energy, if the indirect costs 

12 attributable to defined benefit pension plan costs in a fis13 cal year are more than charges in fiscal year 2008, the 

14 Secretary shall carry out a transfer of funds under this 

15 section. 

16 (c) In carrying out a transfer under this section, the 

17 Secretary shall use each appropriation made available to 

18 the Department in that fiscal year as a source for the 

19 transfer, and shall reduce each appropriation by an equal 

20 percentage, except that appropriations for which the Sec21 retary determines there exists a need for additional funds 

22 for pension plan costs in that fiscal year, as well as appro23 priations made available for the Power Marketing Admin24 istrations, the loan guarantee program under title XVII 

25 of the Energy Policy Act of 2005, and the Federal Energy 
49 

•HR 2354 RS

1 Regulatory Commission, shall not be subject to this re2 quirement. 

3 (d) Each January, the Secretary shall report to the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate on the state of defined benefit pen6 sion plan liabilities in the Department for the preceding 

7 year. 

8 (e) This transfer authority does not apply to supple9 mental appropriations, and is in addition to any other 

10 transfer authority provided in this or any other Act. The 

11 authority provided under this section shall expire on Sep12 tember 30, 2015. 

13 (f) The Secretary shall notify the Committees on Ap14 propriations of the House of Representatives and the Sen15 ate in writing not less than 30 days in advance of each 

16 transfer authorized by this section. 

17 SEC. 308. None of the funds made available in this 

18 title shall be used for the construction of facilities classi19 fied as high-hazard nuclear facilities under 10 CFR Part 

20 830 unless independent oversight is conducted by the Of21 fice of Health, Safety, and Security to ensure the project 

22 is in compliance with nuclear safety requirements. 

23 SEC. 309. Plant or construction projects for which 

24 amounts are made available under this and subsequent ap25 propriation Acts with an estimated cost of less than 
50 

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1 $10,000,000 are considered for purposes of section 4703 

2 of the Atomic Energy Defense Act (50 U.S.C. 2743) as 

3 a plant project for which the approved total estimated cost 

4 does not exceed the minor construction threshold and for 

5 purposes of section 4704(d) of such Act (50 U.S.C. 

6 2744(d)) as a construction project with an estimated cost 

7 of less than a minor construction threshold. 

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

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

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

11 any successive departmental guidance, for construction 

12 projects where the total project cost exceeds 

13 $100,000,000, until a separate independent cost estimate 

14 has been developed for the project for that critical deci15 sion. 

16 SEC. 311. None of the funds made available in this 

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

18 grant award, discretionary contract award, or Other 

19 Transaction Agreement, or to issue a letter of intent, to20 taling in excess of $1,000,000, or to announce publicly the 

21 intention to make such an allocation, award, or Agree22 ment, or to issue such a letter, including a contract cov23 ered by the Federal Acquisition Regulation, unless the 

24 Secretary of Energy notifies the Committees on Appro25 priations of the Senate and the House of Representatives 
51 

•HR 2354 RS

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

2 an allocation, award, or Agreement, or issuing such a let3 ter: Provided, That if the Secretary of Energy determines 

4 that compliance with this section would pose a substantial 

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

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

7 without advance notification, and the Secretary shall no8 tify the Committees on Appropriations of the Senate and 

9 the House of Representatives not later than 5 full business 

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

11 or Agreement is made or letter issued. 

12 SEC. 312. None of the funds made available by this 

13 title may be used to make a final or conditional loan guar14 antee award unless the Secretary of Energy provides noti15 fication of the award, including the proposed subsidy cost, 

16 to the Committees on Appropriations of the Senate and 

17 the House of Representatives at least three full business 

18 days in advance of such award. 

19 SEC. 313. None of the funds included in this title 

20 for the Department of Energy shall be made available to 

21 initiate, administer, promulgate, or enforce any ‘‘signifi22 cant regulatory action’’ as defined by Executive Order No. 

23 12866 unless the Committee on Appropriations has been 

24 notified not later than 30 days before the issuance of such 

25 action. 
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1 TITLE IV—INDEPENDENT AGENCIES 

2 APPALACHIAN REGIONAL COMMISSION

3 For expenses necessary to carry out the programs au4 thorized by the Appalachian Regional Development Act of 

5 1965, for necessary expenses for the Federal Co-Chairman 

6 and the Alternate on the Appalachian Regional Commis7 sion, for payment of the Federal share of the administra8 tive expenses of the Commission, including services as au9 thorized by 5 U.S.C. 3109, and hire of passenger motor 

10 vehicles, $68,400,000, to remain available until expended. 

11 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the Defense Nuclear Fa14 cilities Safety Board in carrying out activities authorized 

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

16 Law 100–456, section 1441, $29,130,000, to remain 

17 available until expended. 

18 DELTA REGIONAL AUTHORITY

19 SALARIES AND EXPENSES

20 For necessary expenses of the Delta Regional Author21 ity and to carry out its activities, as authorized by the 

22 Delta Regional Authority Act of 2000, as amended, not23 withstanding sections 382C(b)(2), 382F(d), 382M, and 

24 382N of said Act, $11,700,000, to remain available until 

25 expended. 
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1 DENALI COMMISSION

2 For expenses of the Denali Commission including the 

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

5 $10,700,000, to remain available until expended, notwith6 standing the limitations contained in section 306(g) of the 

7 Denali Commission Act of 1998 (title III of division C of 

8 Public Law 105–277): Provided, That funds shall be avail9 able for construction projects in an amount not to exceed 

10 80 percent of total project cost for distressed communities, 

11 as defined in the subsection (c) added to section 307 of 

12 such Act by section 701 of title VII of the provisions of 

13 H.R. 3424 (106th Congress) enacted into law in section 

14 1000(a)(4) of Public Law 106–113 (113 Stat. 1501A– 

15 280), and an amount not to exceed 50 percent for non16 distressed communities. 

17 NORTHERN BORDER REGIONAL COMMISSION

18 For necessary expenses of the Northern Border Re19 gional Commission in carrying out activities authorized by 

20 subtitle V of title 40, United States Code, $1,350,000, to 

21 remain available until expended: Provided, That such 

22 amounts shall be available for administrative expenses, 

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

24 States Code. 
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•HR 2354 RS

1 SOUTHEAST CRESCENT REGIONAL COMMISSION

2 For necessary expenses of the Southeast Crescent Re3 gional Commission in carrying out activities authorized by 

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

5 remain available until expended. 

6 NUCLEAR REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Nuclear Regulatory 

9 Commission in carrying out the purposes of the Energy 

10 Reorganization Act of 1974 and the Atomic Energy Act 

11 of 1954, including official representation expenses (not to 

12 exceed $25,000), $1,027,240,000 (increased by 

13 $10,000,000), to remain available until expended: Pro14 vided, That of the amount appropriated herein, not more 

15 than $7,500,000 may be made available for salaries and 

16 other support costs for the Office of the Commission: Pro17 vided, That of the amount appropriated herein, 

18 $10,000,000 (increased by $10,000,000) shall be used to 

19 continue the Yucca Mountain license application, to be de20 rived from the Nuclear Waste Fund: Provided further, 

21 That revenues from licensing fees, inspection services, and 

22 other services and collections estimated at $890,713,000 

23 in fiscal year 2012 shall be retained and used for nec24 essary salaries and expenses in this account, notwith25 standing 31 U.S.C. 3302, and shall remain available until 
55 

•HR 2354 RS

1 expended: Provided further, That the sum herein appro2 priated shall be reduced by the amount of revenues re3 ceived during fiscal year 2012 so as to result in a final 

4 fiscal year 2012 appropriation estimated at not more than 

5 $136,527,000: Provided further, That of the amounts ap6 propriated under this heading, $10,000,000 shall be for 

7 university research and development in areas relevant to 

8 their respective organization’s mission, and $5,000,000 

9 shall be for a Nuclear Science and Engineering Grant Pro10 gram that will support multiyear projects that do not align 

11 with programmatic missions but are critical to maintain12 ing the discipline of nuclear science and engineering. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $10,860,000, to remain available 

17 until expended: Provided, That revenues from licensing 

18 fees, inspection services, and other services and collections 

19 estimated at $9,774,000 in fiscal year 2012 shall be re20 tained and be available until expended, for necessary sala21 ries and expenses in this account, notwithstanding section 

22 3302 of title 31, United States Code: Provided further, 

23 That the sum herein appropriated shall be reduced by the 

24 amount of revenues received during fiscal year 2012 so 
56 

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1 as to result in a final fiscal year 2012 appropriation esti2 mated at not more than $1,086,000. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Tech6 nical Review Board, as authorized by section 5051 of Pub7 lic Law 100–203, $3,400,000 to be derived from the Nu8 clear Waste Fund, and to remain available until expended. 

9 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

10 NATURAL GAS TRANSPORTATION PROJECTS

11 For necessary expenses for the Office of the Federal 

12 Coordinator for Alaska Natural Gas Transportation 

13 Projects pursuant to the Alaska Natural Gas Pipeline Act 

14 of 2004, $4,032,000: Provided, That any fees, charges, or 

15 commissions received pursuant to section 802 of Public 

16 Law 110–140 in fiscal year 2012 in excess of $4,683,000 

17 shall not be available for obligation until appropriated in 

18 a subsequent Act of Congress. 

19 GENERAL PROVISION, INDEPENDENT 

20 AGENCIES 

21 SEC. 401. (a) None of the funds provided in this title 

22 for ‘‘Nuclear Regulatory Commission—Salaries and Ex23 penses’’ shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 
57 

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

2 or activity; 

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

4 (3) increases funds or personnel for any pro5 gram, project, or activity for which funds are denied 

6 or restricted by this Act; or 

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

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

9 Act. 

10 (b) The Chairman of the Nuclear Regulatory Com11 mission may not terminate any project, program, or activ12 ity without the approval of a majority vote of the Commis13 sioners of the Nuclear Regulatory Commission approving 

14 such action. 

15 (c) The Nuclear Regulatory Commission may waive 

16 the restriction on reprogramming under subsection (a) on 

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

18 Appropriations of the House of Representatives and the 

19 Senate that such action is required to address national 

20 security or imminent risks to public safety. Each such 

21 waiver certification shall include a letter from the Chair22 man of the Commission that a majority of Commissioners 

23 of the Nuclear Regulatory Commission have voted and ap24 proved the reprogramming waiver certification. 
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1 (d) Except as provided in this section, the amounts 

2 made available for ‘‘Nuclear Regulatory Commission— 

3 Salaries and Expenses’’ shall be expended as authorized 

4 by law for the projects and activities specified in the text 

5 and table under that heading in the report of the Com6 mittee on Appropriations of the House of Representatives 

7 to accompany this Act. 

8 TITLE V—EMERGENCY SUPPLEMENTAL 

9 FUNDING FOR DISASTER RELIEF 

10 (INCLUDING RESCISSION AND TRANSFERS OF FUNDS)

11 SEC. 501. (a) Effective on the date of enactment of 

12 this Act, the unobligated balance of funds in excess of 

13 $1,028,684,400 made available for ‘‘Department of 

14 Transportation—Federal Railroad Administration—Cap15 ital Assistance for High Speed Rail Corridors and Inter16 city Passenger Rail Service’’ by title XII of Public Law 

17 111–5 is hereby rescinded, and the remaining amount is 

18 hereby transferred to and merged with the following ac19 counts of the Corps of Engineers—Civil in the following 

20 amounts for fiscal year 2011, to remain available until ex21 pended, for emergency expenses for repair of damage 

22 caused by the storm and flood events occurring in 2011: 

23 (1) ‘‘Construction’’, $376,000. 

24 (2) ‘‘Mississippi River and Tributaries’’, 

25 $589,505,000. 
59 

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1 (3) ‘‘Operation and Maintenance’’, 

2 $204,927,000. 

3 (4) ‘‘Flood Control and Coastal Emergencies’’, 

4 $233,876,400. 

5 (b) With respect to each amount transferred in sub6 section (a), the Chief of Engineers, acting through the As7 sistant Secretary of the Army for Civil Works, shall pro8 vide, at a minimum, a weekly report to the Committees 

9 on Appropriations of the House of Representatives and the 

10 Senate detailing the allocation and obligation of such 

11 amount, beginning not later than one week after the date 

12 of the enactment of this Act. 

13 (c) Each amount transferred in subsection (a) is des14 ignated as an emergency pursuant to section 3(c)(1) of 

15 H. Res. 5 (112th Congress). 

16 TITLE VI—GENERAL PROVISIONS 

17 SEC. 601. None of the funds appropriated by this Act 

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

19 congressional action on any legislation or appropriation 

20 matters pending before Congress, other than to commu21 nicate to Members of Congress as described in 18 U.S.C. 

22 1913. 

23 SEC. 602. None of the funds made available in this 

24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except 
60 

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1 pursuant to a transfer made by, or transfer authority pro2 vided, in this Act or any other appropriation Act. 

3 SEC. 603. None of the funds appropriated or other4 wise made available by this Act may be obligated by any 

5 covered executive agency in contravention of the certifi6 cation requirement of section 6(b) of the Iran Sanctions 

7 Act of 1996, as included in the revisions to the Federal 

8 Acquisition Regulation pursuant to such section. 

9 SEC. 604. None of the funds made available in this 

10 Act may be used to conduct closure of adjudicatory func11 tions, technical review, or support activities associated 

12 with the Yucca Mountain geologic repository license appli13 cation until the Nuclear Regulatory Commission reverses 

14 ASLB decision LBP–10–11, or for actions that irrev15 ocably remove the possibility that Yucca Mountain may 

16 be a repository option in the future. 

17 SEC. 605. None of the funds made available under 

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

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

20 E-Verify Program established under section 403(a) of the 

21 Illegal Immigration Reform and Immigrant Responsibility 

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

23 SEC. 606. None of the funds made available by this 

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

25 of understanding, or cooperative agreement with, make a 
61 

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1 grant to, or provide a loan or loan guarantee to, any cor2 poration that was convicted (or had an officer or agent 

3 of such corporation acting on behalf of the corporation 

4 convicted) of a felony criminal violation under any Federal 

5 law within the preceding 24 months. 

6 SEC. 607. None of the funds made available by this 

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

8 of understanding, or cooperative agreement with, make a 

9 grant to, or provide a loan or loan guarantee to, any cor10 poration that any unpaid Federal tax liability that has 

11 been assessed, for which all judicial and administrative 

12 remedies have been exhausted or have lapsed, and that 

13 is not being paid in a timely manner pursuant to an agree14 ment with the authority responsible for collecting the tax 

15 liability. 

16 SPENDING REDUCTION ACCOUNT

17 SEC. 608. The amount by which the applicable alloca18 tion of new budget authority made by the Committee on 

19 Appropriations of the House of Representatives under sec20 tion 302(b) of the Congressional Budget Act of 1974 ex21 ceeds the amount of proposed new budget authority is $0 

22 (increased by $4,900,000) (increased by $6,000,000) (in23 creased by $200,000) (increased by $2,500,000). 
62 

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1 SEC. 609. None of the funds made available by this 

2 Act may be used to implement or enforce section 

3 327.13(a) of title 36, Code of Federal Regulations. 

4 SEC. 610. None of the funds made available by this 

5 Act for ‘‘Department of Energy—Energy Programs— 

6 Science’’ may be used in contravention of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.). 

8 SEC. 611. None of the funds made available in this 

9 Act may be used to implement or enforce the recommenda10 tions or guidance proposed by the Army Corps of Engi11 neers in the final draft of the McNary Shoreline Manage12 ment Plan, Lake Wallula, Washington. 

13 SEC. 612. None of the funds made available by this 

14 Act may be used by the Department of Energy to move 

15 the Office of Environmental Management under the au16 thority of the Under Secretary for Nuclear Security of the 

17 Department of Energy. 

18 SEC. 613. None of the funds made available by this 

19 Act may be used by the Department of Energy or any 

20 other Federal agency to lease or purchase new light duty 

21 vehicles, for any executive fleet, or for an agency’s fleet 

22 inventory, except in accordance with Presidential Memo23 randum-Federal Fleet Performance, dated May 24, 2011. 

24 SEC. 614. None of the funds made available to the 

25 Corps of Engineers by this Act may be used for the re-
63 

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1 moval or associated mitigation of Federal Energy Regu2 latory Commission Project number 2342. 

3 SEC. 615. None of the funds made available by this 

4 Act may be used to implement section 10011(b) of Public 

5 Law 111–11. 

6 SEC. 616. None of the funds made available by this 

7 Act may be used to enforce section 526 of the Energy 

8 Independence and Security Act of 2007 (Public Law 110– 

9 140; 42 U.S.C. 17142). 

10 SEC. 617. None of the funds made available by this 

11 Act may be used to pay the salaries of Department of En12 ergy employees to carry out section 407 of division A of 

13 the American Recovery and Reinvestment Act of 2009. 

14 SEC. 618. None of the funds made available by this 

15 Act may be used for the study of the Missouri River 

16 Projects authorized in section 108 of the Energy and 

17 Water Development and Related Agencies Appropriations 

18 Act, 2009 (division C of Public Law 111–8). 

19 SEC. 619. None of the funds made available in this 

20 Act may be used to continue the study conducted by the 

21 Army Corps of Engineers pursuant to section 5018(a)(1) 

22 of the Water Resources Development Act of 2007. 

23 SEC. 620. None of the funds made available in this 

24 Act may be used to develop or submit a proposal to expand 

25 the authorized uses of the Harbor Maintenance Trust 
64 

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1 Fund described in section 9505(c) of the Internal Revenue 

2 Code (26 U.S.C. 9505(c)). 

3 SEC. 621. None of the funds made available by this 

4 Act may be used to fund any portion of the International 

5 activities at the Office of Energy Efficiency and Renew6 able Energy of the Department of Energy in China. 

7 SEC. 622. None of the funds made available by this 

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

9 12898 of February 11, 1994 (‘‘Federal Actions to Address 

10 Environmental Justice in Minority Populations and Low11 Income Populations’’). 

12 SEC. 623. None of the funds made available in this 

13 Act may be used— 

14 (1) to implement or enforce section 430.32(x) 

15 of title 10, Code of Federal Regulations; or 

16 (2) to implement or enforce the standards es17 tablished by the tables contained in section 

18 325(i)(1)(B) of the Energy Policy and Conservation 

19 Act (42 U.S.C. 6295(i)(1)(B)) with respect to 

20 BPAR incandescent reflector lamps, BR incandes21 cent reflector lamps, and ER incandescent reflector 

22 lamps. 

23 SEC. 624. None of the funds made available by this 

24 Act may be used to implement any rule, regulation, or Ex25 ecutive order regarding the disclosure of political contribu-
65 

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1 tions that takes effect on or after the date of enactment 

2 of this Act. 

3 SEC. 625. The amounts otherwise provided by this 

4 Act are revised by reducing the amount made available 

5 for ‘‘Department of Energy—Energy Programs—Depart6 mental Administration’’, and by increasing the amount 

7 made available for ‘‘Department of Energy—Energy Pro8 grams—Energy Efficiency and Renewable Energy’’ (ex9 cept for Program Direction), by $10,000,000. 

10 SEC. 626. For ‘‘Corps of Engineers-Civil—Construc11 tion’’ there is hereby appropriated, and the amount other12 wise provided by this Act for ‘‘Corps of Engineers-Civil— 

13 Expenses’’ is hereby reduced by, $1,000,000. 

14 SEC. 627. None of the funds made available by this 

15 Act may be used to pay the salary of individuals appointed 

16 to their current position through, or otherwise carry out, 

17 paragraphs (1), (2), and (3) of section 5503(a) of title 

18 5, United States Code. 

19 SEC. 628. None of the funds made available by this 

20 Act may be used to fund any portion of the International 

21 program activities at the Office of Energy Efficiency and 

22 Renewable Energy of the Department of Energy with the 

23 exception of the activities authorized in section 917 of the 

24 Energy Independence and Security Act of 2007 (42 

25 U.S.C. 17337). 
66 

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1 This Act may be cited as the ‘‘Energy aand Water 

2 Development and Related Agencies Appropriations Act, 

3 2012’’. 

4 That the following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for en6 ergy and water development and related agencies for the 

7 fiscal year ending September 30, 2012, and for other pur8 poses, namely: 

9 TITLE I 

10 CORPS OF ENGINEERS—CIVIL 

11 DEPARTMENT OF THE ARMY 

12 CORPS OF ENGINEERS—CIVIL

13 The following appropriations shall be expended under 

14 the direction of the Secretary of the Army and the super15 vision of the Chief of Engineers for authorized civil func16 tions of the Department of the Army pertaining to rivers 

17 and harbors, flood and storm damage reduction, short pro18 tection, aquatic ecosystem restoration, and related efforts. 

19 GENERAL INVESTIGATIONS

20 For expenses necessary where authorized by law for the 

21 collection and study of basic information pertaining to 

22 river and harbor, flood and storm damage reduction, shore 

23 protection, aquatic ecosystem restoration, and related needs; 

24 for surveys and detailed studies, and plans and specifica25 tions of proposed river and harbor, flood and storm damage 
67 

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1 reduction, shore protection, and aquatic ecosystem restora2 tion projects and related efforts prior to construction; for 

3 restudy of authorized projects; and for miscellaneous inves4 tigations and, when authorized by law, surveys and detailed 

5 studies, and plans and specifications of projects prior to 

6 construction, $125,000,000, to remain available until ex7 pended. 

8 CONSTRUCTION, GENERAL

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for the construction of river 

11 and harbor, flood and storm damage reduction, shore pro12 tection, aquatic ecosystem restoration, and related projects 

13 authorized by law; for conducting detailed studies, and 

14 plans and specifications, of such projects (including those 

15 involving participation by States, local governments, or 

16 private groups) authorized or made eligible for selection by 

17 law (but such detailed studies, and plans and specifications, 

18 shall not constitute a commitment of the Government to 

19 construction); $1,610,000,000, to remain available until ex20 pended; of which such sums as are necessary to cover the 

21 Federal share of construction costs for facilities under the 

22 Dredged Material Disposal Facilities program shall be de23 rived from the Harbor Maintenance Trust Fund as author24 ized by Public Law 104–303; and of which such sums as 

25 are necessary to cover one-half of the costs of construction, 
68 

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1 replacement, rehabilitation, and expansion of inland water2 ways projects (including only Lock and Dam 27, Mis3 sissippi River, Illinois; Lock and Dams 2, 3, and 4 

4 Monongahela River, Pennsylvania; Olmsted Lock and Dam, 

5 Illinois and Kentucky; and Emsworth Locks and Dam, 

6 Ohio River, Pennsylvania) shall be derived from the Inland 

7 Waterways Trust Fund. 

8 MISSISSIPPI RIVER AND TRIBUTARIES

9 For expenses necessary for flood damage reduction 

10 projects and related efforts in the Mississippi River alluvial 

11 valley below Cape Girardeau, Missouri, as authorized by 

12 law, $250,000,000, to remain available until expended, of 

13 which such sums as are necessary to cover the Federal share 

14 of eligible operation and maintenance costs for inland har15 bors shall be derived from the Harbor Maintenance Trust 

16 Fund. 

17 OPERATION AND MAINTENANCE

18 For expenses necessary for the operation, maintenance, 

19 and care of existing river and harbor, flood and storm dam20 age reduction, aquatic ecosystem restoration, and related 

21 projects authorized by law; providing security for infra22 structure owned or operated by the Corps, including admin23 istrative buildings and laboratories; maintaining harbor 

24 channels provided by a State, municipality, or other public 

25 agency that serve essential navigation needs of general com-
69 

•HR 2354 RS

1 merce, where authorized by law; surveying and charting 

2 northern and northwestern lakes and connecting waters; 

3 clearing and straightening channels; and removing obstruc4 tions to navigation, $2,360,000,000, to remain available 

5 until expended, of which such sums as are necessary to cover 

6 the Federal share of eligible operation and maintenance 

7 costs for coastal harbors and channels, and for inland har8 bors shall be derived from the Harbor Maintenance Trust 

9 Fund; of which such sums as become available from the spe10 cial account for the Corps established by the Land and 

11 Water Conservation Act of 1965 (16 U.S.C. 460l–6a(i)) 

12 shall be derived from that account for resource protection, 

13 research, interpretation, and maintenance activities related 

14 to resource protection in areas managed by the Corps at 

15 which outdoor recreation is available; and of which such 

16 sums as become available from fees collected under section 

17 217 of Public Law 104–303 shall be used to cover the cost 

18 of operation and maintenance of the dredged material dis19 posal facilities for which such fees have been collected. 

20 REGULATORY PROGRAM

21 For expenses necessary for administration of laws per22 taining to regulation of navigable waters and wetlands, 

23 $193,000,000, to remain available until September 30, 

24 2013. 
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $109,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurricane, 

8 and other natural disasters and support emergency oper9 ations, repairs, and other activities in response to such dis10 asters as authorized by law, $27,000,000, to remain avail11 able until expended. 

12 GENERAL EXPENSES

13 For expenses necessary for the supervision and general 

14 administration of the civil works program in the head15 quarters of the United States Army Corps of Engineers and 

16 the offices of the Division Engineers; and for the manage17 ment and operation of the Humphreys Engineer Center 

18 Support Activity, the Institute for Water Resources, the 

19 United States Army Engineer Research and Development 

20 Center, and the United States Army Corps of Engineers Fi21 nance Center, $185,000,000, to remain available until Sep22 tember 30, 2013, of which not to exceed $5,000 may be used 

23 for official reception and representation purposes and only 

24 during the current fiscal year: Provided, That no part of 

25 any other appropriation provided in title I of this Act shall 
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1 be available to fund the civil works activities of the Office 

2 of the Chief of Engineers or the civil works executive direc3 tion and management activities of the division offices: Pro4 vided further, That any Flood Control and Coastal Emer5 gencies appropriation may be used to fund the supervision 

6 and general administration of emergency operations, re7 pairs, and other activities in response to any flood, hurri8 cane, or other natural disaster. 

9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR

10 CIVIL WORKS

11 For the Office of the Assistant Secretary of the Army 

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

13 $5,000,000, to remain available until September 30, 2013. 

14 ADMINISTRATIVE PROVISION

15 The Revolving Fund, Corps of Engineers, shall be 

16 available during the current fiscal year for purchase (not 

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

18 motor vehicles for the civil works program. 

19 GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

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

21 of this Act, or provided by previous appropriations Acts 

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

23 remain available for obligation or expenditure in fiscal year 

24 2010, shall be available for obligation or expenditure 

25 through a reprogramming of funds that: 
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1 (1) creates or initiates a new program, project, 

2 or activity; 

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

4 (3) increases funds or personnel for any pro5 gram, project, or activity for which funds have been 

6 denied or restricted by this Act, unless prior approval 

7 is received from the House and Senate Committees on 

8 Appropriations; 

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

10 activity for a different purpose, unless prior approval 

11 is received from the House and Senate Committees on 

12 Appropriations; 

13 (5) augments or reduces existing programs, 

14 projects or activities in excess of the amounts con15 tained in subsections 6 through 10, unless prior ap16 proval is received from the House and Senate Com17 mittees on Appropriations; 

18 (6) GENERAL INVESTIGATIONS.—For a base level 

19 over $100,000, reprogramming of 25 percent of the 

20 base amount up to a limit of $150,000 per project, 

21 study or activity is allowed: Provided, That for a base 

22 level less than $100,000, the reprogramming limit is 

23 $25,000: Provided further, That up to $25,000 may be 

24 reprogrammed into any continuing study or activity 
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1 that did not receive an appropriation for existing ob2 ligations and concomitant administrative expenses; 

3 (7) CONSTRUCTION, GENERAL.—For a base level 

4 over $2,000,000, reprogramming of 15 percent of the 

5 base amount up to a limit of $3,000,000 per project, 

6 study or activity is allowed: Provided, That for a base 

7 level less than $2,000,000, the reprogramming limit is 

8 $300,000: Provided further, That up to $3,000,000 

9 may be reprogrammed for settled contractor claims, 

10 changed conditions, or real estate deficiency judg11 ments: Provided further, That up to $300,000 may be 

12 reprogrammed into any continuing study or activity 

13 that did not receive an appropriation for existing ob14 ligations and concomitant administrative expenses; 

15 (8) OPERATION AND MAINTENANCE.—Unlimited 

16 reprogramming authority is granted in order for the 

17 Corps to be able to respond to emergencies: Provided, 

18 That the Chief of Engineers must notify the House 

19 and Senate Committees on Appropriations of these 

20 emergency actions as soon thereafter as practicable: 

21 Provided further, That for a base level over 

22 $1,000,000, reprogramming of 15 percent of the base 

23 amount a limit of $5,000,000 per project, study or ac24 tivity is allowed: Provided further, That for a base 

25 level less than $1,000,000, the reprogramming limit is 
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1 $150,000: Provided further, That $150,000 may be re2 programmed into any continuing study or activity 

3 that did not receive an appropriation; 

4 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

5 same reprogramming guidelines for the Investiga6 tions, Construction, and Operation and Maintenance 

7 portions of the Mississippi River and Tributaries Ac8 count as listed above; and 

9 (10) FORMERLY UTILIZED SITES REMEDIAL AC10 TION PROGRAM.—Reprogramming of up to 15 percent 

11 of the base of the receiving project is permitted. 

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

13 should a reprogramming for less than $50,000 be submitted 

14 to the House and Senate Committees on Appropriations. 

15 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection 

16 (a)(1) shall not apply to any project or activity funded 

17 under the continuing authorities program. 

18 (d) Not later than 60 days after the date of enactment 

19 of this Act, the Corps of Engineers shall submit a report 

20 to the House and Senate Committees on Appropriations to 

21 establish the baseline for application of reprogramming and 

22 transfer authorities for the current fiscal year: Provided, 

23 That the report shall include: 

24 (1) A table for each appropriation with a sepa25 rate column to display the President’s budget request, 
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1 adjustments made by Congress, adjustments due to 

2 enacted rescissions, if appropriate, and the fiscal year 

3 enacted level; 

4 (2) A delineation in the table for each appro5 priation both by object class and program, project 

6 and activity as detailed in the budget appendix for 

7 the respective appropriations; and 

8 (3) An identification of items of special congres9 sional interest. 

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

11 Acts, making funds available to the Corps, shall be used 

12 to implement any pending or future competitive sourcing 

13 actions under OMB Circular A–76 or High Performing Or14 ganizations. 

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

16 Acts, making funds available to the Corps, shall be used 

17 to award any continuing contract that commits additional 

18 funding from the Inland Waterways Trust Fund unless or 

19 until such time that a long-term mechanism to enhance rev20 enues in this Fund sufficient to meet the cost-sharing au21 thorized in the Water Resources Development Act of 1986 

22 (Public Law 99–662), as amended, is enacted. 

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

24 of Engineers Report on a water resource matter, the Assist25 ant Secretary of the Army (Civil Works) shall submit the 
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1 report to the appropriate authorizing and appropriating 

2 committees of the Congress. 

3 SEC. 105. During the fiscal year period covered by this 

4 Act, the Secretary of the Army is authorized to implement 

5 measures recommended in the efficacy study authorized 

6 under section 3061 of the Water Resources Development Act 

7 of 2007 (121 Stat. 1121) or in interim reports, with such 

8 modifications or emergency measures as the Secretary of the 

9 Army determines to be appropriate, to prevent aquatic nui10 sance species from dispersing into the Great Lakes by way 

11 of any hydrologic connection between the Great Lakes and 

12 the Mississippi River Basin. 

13 SEC. 106. The Secretary is authorized to transfer to 

14 the ‘‘Construction’’ account up to $100,000,000 of the funds 

15 provided for reinforcing or replacing flood walls under the 

16 ‘‘Flood Control and Coastal Emergencies’’ heading in Pub17 lic Law 109–234 (120 Stat. 455) and Public Law 110–252 

18 (122 Stat. 2350) and up to $75,000,000 of the funds pro19 vided for projects and measures for the West Bank and Vi20 cinity and Lake Ponchartrain and Vicinity projects under 

21 the ‘‘Flood Control and Coastal Emergencies’’ heading in 

22 Public Law 110–28 (121 Stat. 153) to be used with funds 

23 provided for the West Bank and Vicinity project under the 

24 ‘‘Construction’’ heading in Public Law 110–252 (122 Stat. 

25 2349) and Public Law 110–329 (122 Stat. 3589), consistent 
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1 with 65 percent Federal and 35 percent non-Federal cost 

2 share and the financing of, and payment terms for, the non3 Federal cash contribution associated with the West Bank 

4 and Vicinity project. 

5 SEC. 107. The Secretary of the Army may authorize 

6 a member of the Armed Forces under the Secretary’s juris7 diction and employees of the Department of the Army to 

8 serve without compensation as director, officer, or otherwise 

9 in the management of the organization established to sup10 port and maintain the participation of the United States 

11 in the permanent international commission of the con12 gresses of navigation, or any successor entity. 

13 SEC. 108. (a) ACQUISITION.—The Secretary is author14 ized to acquire any real property and associated real prop15 erty interests in the vicinity of Hanover, New Hampshire 

16 as may be needed for the Engineer Research and Develop17 ment Center laboratory facilities at the Cold Regions Re18 search and Engineering Laboratory. This real property to 

19 be acquired consists of 18.5 acres more or less, identified 

20 as Tracts 101–1 and 101–2, together with all necessary 

21 easements located entirely within the Town of Hanover, 

22 New Hampshire. The real property is generally bounded to 

23 the east by state route 10-Lyme Road, to the north by the 

24 vacant property of the Trustees of the Dartmouth College, 

25 to the south by Fletcher Circle graduate student housing 
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1 owned by the Trustees of Dartmouth College, and to the west 

2 by approximately 9 acres of real property acquired in fee 

3 through condemnation in 1981 by the Secretary of the 

4 Army. 

5 (b) REVOLVING FUND.—The Secretary is authorized to 

6 use the Revolving Fund (33 U.S.C. 576) through the Plant 

7 Replacement and Improvement Program to acquire the real 

8 property and associated real property interests in sub9 section (a). The Secretary shall ensure that the Revolving 

10 Fund is appropriately reimbursed from the benefiting ap11 propriations. 

12 (c) RIGHT OF FIRST REFUSAL.—The Secretary may 

13 provide the Seller of any real property and associated prop14 erty interests identified in subsection (a)— 

15 (1) a right of first refusal to acquire such prop16 erty, or any portion thereof, in the event the property, 

17 or any portion thereof, is no longer needed by the De18 partment of the Army. 

19 (2) a right of first refusal to acquire any real 

20 property or associated real property interests ac21 quired by condemnation in Civil Action No. 81–360– 

22 L, in the event the property, or any portion thereof, 

23 is no longer needed by the Department of the Army. 

24 (3) the purchase of any property by the Seller 

25 exercising either right of first refusal authorized in 
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1 this section shall be for consideration acceptable to the 

2 Secretary and shall be for not less than fair market 

3 value at the time the property becomes available for 

4 purchase. The right of first refusal authorized in this 

5 section shall not inure to the benefit of the Sellers suc6 cessors or assigns. 

7 (d) DISPOSAL.—The Secretary of the Army is author8 ized to dispose of any property or associated real property 

9 interests that are subject to the exercise of the right of first 

10 refusal as set forth herein. 

11 SEC. 109. The Secretary of the Army may transfer, 

12 and the Fish and Wildlife Service may accept and expend, 

13 up to $3,800,000 of funds provided in this title under the 

14 heading ‘‘Operation and Maintenance’’, to mitigate for fish15 eries lost due to Corps of Engineers projects. 

16 SEC. 110. The Secretary of the Army, acting through 

17 the Chief of Engineers, is directed to fully utilize the Fed18 eral dredging fleet in support of all Army Corps of Engi19 neers missions and no restrictions shall be placed on the 

20 use or maintenance of any dredge in the Federal Fleet. 

21 SEC. 111. The Secretary of the Army, acting through 

22 the Chief of Engineers, is directed to maintain the Federal 

23 dredging fleet to technologically modern and efficient stand24 ards. 
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1 SEC. 112. The Secretary of the Army, acting through 

2 the Chief of Engineers is directed to utilize funds from the 

3 revolving fund to expeditiously undertake necessary health 

4 and safety improvements, including lead and asbestos 

5 abatement, to the dredge ‘‘McFarland’’: Provided, That the 

6 Secretary shall ensure that the Revolving Fund is appro7 priately reimbursed from appropriations of the Corps’ bene8 fiting programs by collection each year of amounts suffi9 cient to repay the capitalized cost of such construction and 

10 improvements. 

11 SEC. 113. With respect to the property covered by the 

12 deed described in Auditor’s instrument No. 2006–014428 of 

13 Benton County, Washington, approximately 1.5 acres, the 

14 following deed restrictions are hereby extinguished and of 

15 no further force and effect: 

16 (1) The reversionary interest and use restrictions 

17 related to port and industrial purposes; 

18 (2) The right for the District Engineer to review 

19 all pre-construction plans and/or specifications per20 taining to construction and/or maintenance of any 

21 structure intended for human habitation, other build22 ing structure, parking lots, or roads, if the elevation 

23 of the property is above the standard project flood ele24 vation; and 
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1 (3) The right of the District Engineer to object 

2 to, and thereby prevent, in his/her discretion, such ac3 tivity. 

4 SEC. 114. That portion of the project for navigation, 

5 Block Island Harbor of Refuge, Rhode Island adopted by 

6 the Rivers and Harbors Act of July 11, 1870, consisting 

7 of the cut-stone breakwater lining the west side of the Inner 

8 Basin; beginning at a point with coordinates N32579.55, 

9 E312625.53, thence running northerly about 76.59 feet to 

10 a point with coordinates N32655.92, E312631.32, thence 

11 running northerly about 206.81 feet to a point with coordi12 nates N32858.33, E312673.74, thence running easterly 

13 about 109.00 feet to a point with coordinates N32832.15, 

14 E312779.54, shall no longer be authorized after the date of 

15 enactment. 

16 SEC. 115. The Secretary of the Army, acting through 

17 the Chief of Engineers, is authorized, using amounts avail18 able in the Revolving Fund established by section 101 of 

19 the Act of July 27, 1953, chap. 245 (33 U.S.C. 576), to 

20 construct a Consolidated Infrastructure Research Equip21 ment Facility, an Environmental Processes and Risk Lab, 

22 a Hydraulic Research Facility, an Engineer Research and 

23 Development Center headquarters building, a Modular Hy24 draulic Flume building, and to purchase real estate, per25 form construction, and make facility, utility, street, road, 
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•HR 2354 RS

1 and infrastructure improvements to the Engineer Research 

2 and Development Center’s installations and facilities. The 

3 Secretary shall ensure that the Revolving Fund is appro4 priately reimbursed from the benefitting appropriations. 

5 SEC. 116. Section 1148 of the Water Resources Devel6 opment Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 

7 Stat. 2609) is amended by striking subsection (b) and in8 serting the following: 

9 ‘‘(b) DISPOSITION OF ACQUIRED LAND.—The Sec10 retary may transfer land acquired under this section to the 

11 non-Federal sponsor by quitclaim deed subject to such terms 

12 and conditions as the Secretary determines to be in the pub13 lic interest.’’. 

14 SEC. 117. The New London Disposal Site and the 

15 Cornfield Shoals Disposal Site in Long Island Sound se16 lected by the Department of the Army as alternative dredged 

17 material disposal sites under section 103(b) of the Marine 

18 Protection, Research, and Sanctuaries Act of 1972, as 

19 amended, shall remain open until completion of a Supple20 mental Environmental Impact Statement to support final 

21 designation of an Ocean Dredged Material Disposal Site 

22 in eastern Long Island Sound under section 102(c) of the 

23 Marine Protection, Research, and Sanctuaries Act of 1972. 

24 SEC. 118. (a) That portion of the project for naviga25 tion, Newport Harbor, Rhode Island adopted by the Rivers 
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1 and Harbors Acts of March 2, 1907 (34 Stat. 1075); June 

2 25, 1910 (36 Stat. 632); August 26, 1937 (50 Stat. 845); 

3 and, modified by the Consolidated Appropriations Act, 

4 2000, Public Law 106–113, appendix E, title II, section 

5 221 (113 Stat. 1501A–298); consisting of a 13-foot anchor6 age, an 18-foot anchorage, a 21-foot channel, and 18-foot 

7 channels described by the following shall no longer be au8 thorized after the date of enactment of this Act: the 21-Foot 

9 Entrance Channel, beginning at a point (1) with coordi10 nates 374986.03, 150611.01; thence running south 46 de11 grees 54 minutes 30.7 seconds east 900.01 feet to a point 

12 (2) with coordinates 375643.27, 149996.16; thence running 

13 south 8 degrees 4 minutes 58.3 east 2,376.87 feet to a point 

14 (3) with coordinates 375977.47, 147643.00; thence running 

15 south 4 degrees 28 minutes 20.4 seconds west 738.56 feet 

16 to a point (4) with coordinates 375919.88, 146906.60; 

17 thence running south 6 degrees 2 minutes 42.4 seconds east 

18 1,144.00 feet to a point (5) with coordinates 376040.35, 

19 145768.96; thence running south 34 degrees 5 minutes 51.7 

20 seconds west 707.11 feet to a point (6) with coordinates 

21 375643.94, 145183.41; thence running south 73 degrees 11 

22 minutes 42.9 seconds west 1,300.00 feet to the end point 

23 (7) with coordinates 374399.46, 144807.57; Returning at 

24 a point with coordinates (8) with coordinates 374500.64, 

25 144472.51; thence running north 73 degrees 11 minutes 
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1 42.9 seconds east 1,582.85 feet to a point (9) with coordi2 nates 376015.90, 144930.13; thence running north 34 de3 grees 5 minutes 51.7 seconds east 615.54 feet to a point (10) 

4 with coordinates 376360.97, 145439.85; thence running 

5 north 2 degrees 10 minutes 43.3 seconds west 2,236.21 feet 

6 to a point (11) with coordinates 376275.96, 147674.45; 

7 thence running north 8 degrees 4 minutes 55.6 seconds west 

8 2,652.83 feet to a point (12) with coordinates 375902.99, 

9 150300.93; thence running north 46 degrees 54 minutes 

10 30.7 seconds west 881.47 feet to an end point (13) with co11 ordinates 375259.29, 150903.12; and the 18-Foot South 

12 Goat Island Channel beginning at a point (14) with coordi13 nates 375509.09, 149444.83; thence running south 25 de14 grees 44 minutes 0.5 second east 430.71 feet to a point (15) 

15 with coordinates 375696.10, 149056.84; thence running 

16 south 10 degrees 13 minutes 27.4 seconds east 1,540.89 feet 

17 to a point (16) with coordinates 375969.61, 147540.41; 

18 thence running south 4 degrees 29 minutes 11.3 seconds 

19 west 1,662.92 feet to a point (17) with coordinates 

20 375839.53, 145882.59; thence running south 34 degrees 5 

21 minutes 51.7 seconds west 547.37 feet to a point (18) with 

22 coordinates 375532.67, 145429.32; thence running south 86 

23 degrees 47 minutes 37.7 seconds west 600.01 feet to an end 

24 point (19) with coordinates 374933.60, 145395.76; and the 

25 18-Foot Entrance Channel beginning at a point (20) with 
85 

•HR 2354 RS

1 coordinates 374567.14, 144252.33; thence running north 73 

2 degrees 11 minutes 42.9 seconds east 1,899.22 feet to a point 

3 (21) with coordinates 376385.26, 144801.42; thence run4 ning north 2 degrees 10 minutes 41.5 seconds west 638.89 

5 feet to an end point (10) with coordinates 376360.97, 

6 145439.85; and the 18-Foot South Anchorage beginning at 

7 a point (22) with coordinates 376286.81, 147389.37; thence 

8 running north 78 degrees 56 minutes 15.6 seconds east 

9 404.86 feet to a point (23) with coordinates 376684.14, 

10 147467.05; thence running north 78 degrees 56 minutes 

11 15.6 seconds east 1,444.33 feet to a point (24) with coordi12 nates 378101.63, 147744.18; thence running south 5 degrees 

13 18 minutes 43.8 seconds west 1,228.20 feet to a point (25) 

14 with coordinates 377987.92, 146521.26; thence running 

15 south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to 

16 a point (26) with coordinates 378026.56, 145944.71; thence 

17 running south 44 degrees 32 minutes 14.7 seconds west 

18 2,314.09 feet to a point (27) with coordinates 376403.52, 

19 144295.24 thence running south 60 degrees 5 minutes 58.2 

20 seconds west 255.02 feet to an end point (28) with coordi21 nates 376182.45, 144168.12; and the 13-Foot Anchorage be22 ginning at a point (29) with coordinates 376363.39, 

23 143666.99; thence running north 63 degrees 34 minutes 

24 19.3 seconds east 1,962.37 feet to a point (30) with coordi25 nates 378120.68, 144540.38; thence running north 3 degrees 
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1 50 minutes 3.1 seconds west 1,407.47 feet to an end point 

2 (26) with coordinates 378026.56, 145944.71; and the 18- 

3 Foot East Channel beginning at a point (23) with coordi4 nates 376684.14, 147467.05; thence running north 2 degrees 

5 10 minutes 43.3 seconds west 262.95 feet to a point (31) 

6 with coordinates 376674.14, 147729.81; thence running 

7 north 9 degrees 42 minutes 20.3 seconds west 301.35 feet 

8 to a point (32) with coordinates 376623.34, 148026.85; 

9 thence running south 80 degrees 17 minutes 42.4 seconds 

10 west 313.6 feet to a point (33) with coordinates 376314.23, 

11 147973.99; thence running north 7 degrees 47 minutes 21.9 

12 seconds west 776.24 feet to an end point (34) with coordi13 nates 376209.02, 148743.06; and the 18-Foot North Anchor14 age beginning at a point (35) with coordinates 376123.98, 

15 148744.69; thence running south 88 degrees 54 minutes 16.2 

16 seconds east 377.90 feet to a point (36) with coordinates 

17 376501.82, 148737.47; thence running north 9 degrees 42 

18 minutes 19.0 seconds west 500.01 feet to a point (37) with 

19 coordinates 376417.52, 149230.32; thence running north 6 

20 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end 

21 point (38) with coordinates 376277.92, 150522.81. 

22 (b) The area described by the following shall be redesig23 nated as an eighteen-foot channel and turning basin: Begin24 ning at a point (1) with coordinates N144759.41, 

25 E374413.16; thence running north 73 degrees 11 minutes 
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1 42.9 seconds east 1,252.88 feet to a point (2) with coordi2 nates N145121.63, E375612.53; thence running north 26 

3 degrees 29 minutes 48.1 seconds east 778.89 feet to a point 

4 (3) with coordinates N145818.71, E375960.04; thence run5 ning north 0 degrees 3 minutes 38.1 seconds west 1,200.24 

6 feet to a point (4) with coordinates N147018.94, 

7 E375958.77; thence running north 2 degrees 22 minutes 

8 45.2 seconds east 854.35 feet to a point (5) with coordinates 

9 N147872.56, E375994.23; thence running north 7 degrees 

10 47 minutes 21.9 seconds west 753.83 feet to a point (6) with 

11 coordinates N148619.44, E375892.06; thence running north 

12 88 degrees 46 minutes 16.7 seconds east 281.85 feet to a 

13 point (7) with coordinates N148625.48, E376173.85; thence 

14 running south 7 degrees 47 minutes 21.9 seconds east 716.4 

15 feet to a point (8) with coordinates N147915.69, 

16 E376270.94; thence running north 80 degrees 17 minutes 

17 42.3 seconds east 315.3 feet to a point (9) with coordinates 

18 N147968.85, E.76581.73; thence running south 9 degrees 42 

19 minutes 20.3 seconds east 248.07 feet to a point (10) with 

20 coordinates N147724.33, E376623.55; thence running south 

21 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a point 

22 (11) with coordinates N147406.47, E376635.64; thence run23 ning north 78 degrees 56 minutes 15.6 seconds east 571.11 

24 feet to a point (12) with coordinates N147516.06, 

25 E377196.15; thence running south 88 degrees 57 minutes 
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1 2.3 seconds east 755.09 feet to a point (13) with coordinates 

2 N147502.23, E377951.11; thence running south 1 degree 2 

3 minutes 57.7 seconds west 100.00 feet to a point (14) with 

4 coordinates N147402.25, E377949.28; thence running north 

5 88 degrees 57 minutes 2.3 seconds west 744.48 feet to a 

6 point (15) with coordinates N147415.88, E377204.92; 

7 thence running south 78 degrees 56 minutes 15.6 seconds 

8 west 931.17 feet to a point (16) with coordinates 

9 N147237.21, E376291.06; thence running south 39 degrees 

10 26 minutes 18.7 seconds west 208.34 feet to a point (17) 

11 with coordinates N147076.31, E376158.71; thence running 

12 south 0 degrees 3 minutes 38.1 seconds east 1,528.26 feet 

13 to a point (18) with coordinates N145548.05, E376160.32; 

14 thence running south 26 degrees 29 minutes 48.1 seconds 

15 west 686.83 feet to a point (19) with coordinates 

16 N144933.37, E375853.90; thence running south 73 degrees 

17 11 minutes 42.9 seconds west 1,429.51 feet to end at a point 

18 (20) with coordinates N144520.08, E374485.44. 

19 TITLE II 

20 DEPARTMENT OF THE INTERIOR 

21 CENTRAL UTAH PROJECT

22 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

23 For carrying out activities authorized by the Central 

24 Utah Project Completion Act, $28,991,000, to remain avail25 able until expended, of which $2,000,000 shall be deposited 
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1 into the Utah Reclamation Mitigation and Conservation 

2 Account for use by the Utah Reclamation Mitigation and 

3 Conservation Commission, and of which $1,550,000 for nec4 essary expenses incurred in carrying out related respon5 sibilities of the Secretary of the Interior. For fiscal year 

6 2012, the Commission may use an amount not to exceed 

7 $1,500,000 for administrative expenses. 

8 WATER AND RELATED RESOURCES

9 (INCLUDING TRANSFERS OF FUNDS)

10 The following appropriations shall be expended to exe11 cute authorized functions of the Bureau of Reclamation: 

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 rec19 ognized Indian tribes, and others, $885,670,000, to remain 

20 available until expended, of which $10,698,000 shall be 

21 available for transfer to the Upper Colorado River Basin 

22 Fund and $6,136,000 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 the 

25 Colorado River Dam Fund: Provided, That such transfers 
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•HR 2354 RS

1 may be increased or decreased within the overall appropria2 tion under this heading: Provided further, That of the total 

3 appropriated, the amount for program activities that can 

4 be financed by the Reclamation Fund or the Bureau of Rec5 lamation special fee account established by 16 U.S.C. 460l6 6a(i) shall be derived from that Fund or account: Provided 

7 further, That funds contributed under 43 U.S.C. 395 are 

8 available until expended for the purposes for which contrib9 uted: Provided further, That funds advanced under 43 

10 U.S.C. 397a shall be credited to this account and are avail11 able until expended for the same purposes as the sums ap12 propriated under this heading: Provided further, That of 

13 the amounts provided herein, funds may be used for high 

14 priority projects which shall be carried out by the Youth 

15 Conservation Corps, as authorized by 16 U.S.C. 1706. 

16 CENTRAL VALLEY PROJECT RESTORATION FUND

17 For carrying out the programs, projects, plans, habitat 

18 restoration, improvement, and acquisition provisions of the 

19 Central Valley Project Improvement Act, $53,068,000, to be 

20 derived from such sums as may be collected in the Central 

21 Valley Project Restoration Fund pursuant to sections 

22 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

23 to remain available until expended: Provided, That the Bu24 reau of Reclamation is directed to assess and collect the full 

25 amount of the additional mitigation and restoration pay-
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1 ments authorized by section 3407(d) of Public Law 102– 

2 575: Provided further, That none of the funds made avail3 able under this heading may be used for the acquisition or 

4 leasing of water for in-stream purposes if the water is al5 ready committed to in-stream purposes by a court adopted 

6 decree or order. 

7 CALIFORNIA BAY-DELTA RESTORATION

8 (INCLUDING TRANSFERS OF FUNDS)

9 For carrying out activities authorized by the Water 

10 Supply, Reliability, and Environmental Improvement Act, 

11 consistent with plans to be approved by the Secretary of 

12 the Interior, $39,651,000, to remain available until ex13 pended, of which such amounts as may be necessary to 

14 carry out such activities may be transferred to appropriate 

15 accounts of other participating Federal agencies to carry 

16 out authorized purposes: Provided, That funds appro17 priated herein may be used for the Federal share of the costs 

18 of CALFED Program management: Provided further, That 

19 the use of any funds provided to the California Bay-Delta 

20 Authority for program-wide management and oversight ac21 tivities shall be subject to the approval of the Secretary of 

22 the Interior: Provided further, That CALFED implementa23 tion shall be carried out in a balanced manner with clear 

24 performance measures demonstrating concurrent progress 

25 in achieving the goals and objectives of the Program. 
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the Office of the Commissioner, the 

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

5 of Reclamation, to remain available until September 30, 

6 2013, $60,000,000, to be derived from the Reclamation 

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

8 377: Provided, That no part of any other appropriation in 

9 this Act shall be available for activities or functions budg10 eted as policy and administration expenses. 

11 GENERAL PROVISIONS—DEPARTMENT OF THE 

12 INTERIOR 

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

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

15 by previous appropriations Acts to the agencies or entities 

16 funded in title II of this Act for Water and Related Re17 sources that remain available for obligation or expenditure 

18 in fiscal year 2010, shall be available for obligation or ex19 penditure through a reprogramming of funds that— 

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

21 or activity; 

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

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

24 activity for which funds have been denied or restricted 

25 by this Act, unless prior approval is received from the 
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1 Committees on Appropriations of the House of Rep2 resentatives and the Senate; 

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

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

5 unless prior approval is received from the Committees 

6 on Appropriations of the House of Representatives 

7 and the Senate; 

8 (5) transfers funds in excess of the following lim9 its, unless prior approval is received from the Com10 mittees on Appropriations of the House of Represent11 atives and the Senate: 

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

13 activity for which $2,000,000 or more is avail14 able at the beginning of the fiscal year; or 

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

16 activity for which less than $2,000,000 is avail17 able at the beginning of the fiscal year; 

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

19 Facilities Operation, Maintenance, and Rehabilita20 tion category or the Resources Management and De21 velopment category to any program, project, or activ22 ity in the other category, unless prior approval is re23 ceived from the Committees on Appropriations of the 

24 House of Representatives and the Senate; or 
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1 (7) transfers, where necessary to discharge legal 

2 obligations of the Bureau of Reclamation, more than 

3 $5,000,000 to provide adequate funds for settled con4 tractor claims, increased contractor earnings due to 

5 accelerated rates of operations, and real estate defi6 ciency judgments, unless prior approval is received 

7 from the Committees on Appropriations of the House 

8 of Representatives and the Senate. 

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

10 of funds within the Facilities Operation, Maintenance, and 

11 Rehabilitation category. 

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

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

14 project, or activity. 

15 (d) The Bureau of Reclamation shall submit reports 

16 on a quarterly basis to the Committees on Appropriations 

17 of the House of Representatives and the Senate detailing 

18 all the funds reprogrammed between programs, projects, ac19 tivities, or categories of funding. The first quarterly report 

20 shall be submitted not later than 60 days after the date of 

21 enactment of this Act. 

22 SEC. 202. (a) None of the funds appropriated or other23 wise made available by this Act may be used to determine 

24 the final point of discharge for the interceptor drain for 

25 the San Luis Unit until development by the Secretary of 
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1 the Interior and the State of California of a plan, which 

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the Envi4 ronmental Protection Agency, to minimize any detrimental 

5 effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup Pro7 gram and the costs of the San Joaquin Valley Drainage 

8 Program shall be classified by the Secretary of the Interior 

9 as reimbursable or nonreimbursable and collected until fully 

10 repaid pursuant to the ‘‘Cleanup Program-Alternative Re11 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 

12 Plan’’ described in the report entitled ‘‘Repayment Report, 

13 Kesterson Reservoir Cleanup Program and San Joaquin 

14 Valley Drainage Program, February 1995’’, prepared by 

15 the Department of the Interior, Bureau of Reclamation. 

16 Any future obligations of funds by the United States relat17 ing to, or providing for, drainage service or drainage stud18 ies for the San Luis Unit shall be fully reimbursable by 

19 San Luis Unit beneficiaries of such service or studies pur20 suant to Federal reclamation law. 

21 SEC. 203. Section 529(b)(3) of Public Law 106–541, 

22 as amended by section 115 of Public Law 109–103, is fur23 ther amended by striking ‘‘$20,000,000’’ and inserting 

24 ‘‘$30,000,000’’ in lieu thereof. 
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1 SEC. 204. Section 8 of the Water Desalination Act of 

2 1996 (42 U.S.C. 10301 note; Public Law 104–298) is 

3 amended— 

4 (1) in subsection (a), in the first sentence, by 

5 striking ‘‘2011’’ and inserting ‘‘2016’’; and 

6 (2) in subsection (b), by striking ‘‘$25,000,000 

7 for fiscal years 1997 through 2011’’ and inserting 

8 ‘‘$3,000,000 for each of fiscal years 2012 through 

9 2016’’. 

10 SEC. 205. (a) PERMITTED USES.—Section 2507(b) of 

11 the Farm Security and Rural Investment Act of 2002 (43 

12 U.S.C. 2211 note; Public Law 107–171) is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 striking ‘‘In any case in which there are willing sell15 ers’’ and inserting ‘‘For the benefit of at-risk natural 

16 desert terminal lakes and associated riparian and 

17 watershed resources, in any case in which there are 

18 willing sellers or willing participants’’; 

19 (2) in paragraph (2), by striking ‘‘in the Walker 

20 River’’ and all that follows through ‘‘119 Stat. 

21 2268)’’; and 

22 (3) in paragraph (3), by striking ‘‘in the Walker 

23 River Basin’’. 

24 (b) WALKER BASIN RESTORATION PROGRAM.—Section 

25 208(b) of the Energy and Water Development and Related 
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1 Agencies Appropriations Act, 2010 (Public Law 111–85; 

2 123 Stat. 2858) is amended— 

3 (1) in paragraph (1)(B)(iv), by striking ‘‘exer4 cise water rights’’ and inserting ‘‘manage land, water 

5 appurtenant to the land, and related interests’’; and 

6 (2) in paragraph (2)(A), by striking ‘‘The 

7 amount made available under subsection (a)(1) shall 

8 be provided to the National Fish and Wildlife Foun9 dation’’ and inserting ‘‘Any amount made available 

10 to the National Fish and Wildlife Foundation under 

11 subsection (a) shall be provided’’. 

12 SEC. 206. The Federal policy for addressing Califor13 nia’s water supply and environmental issues related to the 

14 Bay-Delta shall be consistent with State law, including the 

15 co-equal goals of providing a more reliable water supply 

16 for the State of California and protecting, restoring, and 

17 enhancing the Delta ecosystem. The Secretary of the Inte18 rior, the Secretary of Commerce, the Army Corps of Engi19 neers and the Environmental Protection Agency Adminis20 trator shall jointly coordinate the efforts of the relevant 

21 agencies and work with the State of California and other 

22 stakeholders to complete and issue the Bay Delta Conserva23 tion Plan Final Environmental Impact Statement no later 

24 than February 15, 2013. Nothing herein modifies existing 

25 requirements of Federal law. 
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1 SEC. 207. The Secretary of the Interior may partici2 pate in non-Federal groundwater banking programs to in3 crease the operational flexibility, reliability, and efficient 

4 use of water in the State of California, and this participa5 tion may include making payment for the storage of Cen6 tral Valley Project water supplies, the purchase of stored 

7 water, the purchase of shares or an interest in ground bank8 ing facilities, or the use of Central Valley Project water as 

9 a medium of payment for groundwater banking services: 

10 Provided, That the Secretary of the Interior shall partici11 pate in groundwater banking programs only to the extent 

12 allowed under State law and consistent with water rights 

13 applicable to the Central Valley Project: Provided further, 

14 That any water user to which banked water is delivered 

15 shall pay for such water in the same manner provided by 

16 that water user’s then-current Central Valley Project water 

17 service, repayment, or water rights settlement contract at 

18 the rate provided by the then-current Central-Valley Project 

19 Irrigation or Municipal and Industrial Rate Setting Poli20 cies; and: Provided further, That in implementing this sec21 tion, the Secretary of the Interior shall comply with appli22 cable environmental laws, including the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

24 the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

25 Nothing herein shall alter or limit the Secretary’s existing 
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1 authority to use groundwater banking to meet existing fish 

2 and wildlife obligations. 

3 SEC. 208. (a) Subject to compliance with all applicable 

4 Federal and State laws, a transfer of irrigation water 

5 among Central Valley Project contractors from the Friant, 

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

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

8 or repayment contractor to a temporary or prior temporary 

9 service contractors within the place of use in existence on 

10 the date of the transfer, as identified in the Bureau of Rec11 lamation water rights permits for the Friant Division, shall 

12 be considered to meet the conditions described in subpara13 graphs (A) and (I) of section 3405(a)(1) of the Reclamation 

14 Projects Authorization and Adjustment Act of 1992 (Public 

15 Law 102–575; 106 Stat. 4709). 

16 (b) The Secretary of the Interior, acting through the 

17 Director of the United States Fish and Wildlife Service and 

18 the Commissioner of the Bureau of Reclamation shall ini19 tiate and complete, on the most expedited basis practicable, 

20 programmatic environmental compliance so as to facilitate 

21 voluntary water transfers within the Central Valley Project, 

22 consistent with all applicable Federal and State law. 

23 (c) Not later than 180 days after the date of enactment 

24 of this Act and each of the 4 years thereafter, the Commis25 sioner of the Bureau of Reclamation shall submit to the 
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1 committee on Appropriations of the House of Representa2 tives and the Committee on Appropriations of the Senate 

3 a report that describes the status of efforts to help facilitate 

4 and improve the water transfers within the Central Valley 

5 Project and water transfers between the Central Valley 

6 Project and other water projects in the State of California; 

7 evaluates potential effects of this Act on Federal programs, 

8 Indian tribes, Central Valley Project operations, the envi9 ronment, groundwater aquifers, refuges, and communities; 

10 and provides recommendations on ways to facilitate and 

11 improve the process for these transfers. 

12 SEC. 209. Section 10009(c)(2) of the San Joaquin 

13 River Restoration Settlement Act (Public Law 111–11; 123 

14 Stat. 1356) is amended by striking ‘‘October 1, 2019, all 

15 funds in the Fund shall be available for expenditure without 

16 further appropriation.’’ and inserting ‘‘October 1, 2014, all 

17 funds in the Fund shall be available for expenditure on an 

18 annual basis in an amount not to exceed $40,000,000 with19 out further appropriation.’’ in lieu thereof. 

20 TITLE III 

21 DEPARTMENT OF ENERGY 

22 ENERGY PROGRAMS 

23 ENERGY EFFICIENCY AND RENEWABLE ENERGY

24 For Department of Energy expenses including the pur25 chase, construction, and acquisition of plant and capital 
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1 equipment, and other expenses necessary for energy effi2 ciency and renewable energy activities in carrying out the 

3 purposes of the Department of Energy Organization Act (42 

4 U.S.C. 7101 et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant 

6 or facility acquisition, construction, or expansion, 

7 $1,795,641,000, to remain available until expended: Pro8 vided, That $165,000,000 shall be available until September 

9 30, 2013 for program direction: Provided further, That of 

10 the amount appropriated, the Secretary may use not more 

11 than $170,000,000 for activities of the Department of En12 ergy pursuant to the Defense Production Act of 1950 (50 

13 U.S.C. App. 2061, et seq.): Provided further, That within 

14 12 months of the date of enactment, the Secretary shall ini15 tiate separate rulemakings to establish efficiency standards 

16 for televisions and set top television boxes. 

17 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

18 For Department of Energy expenses including the pur19 chase, construction, and acquisition of plant and capital 

20 equipment, and other expenses necessary for electricity de21 livery and energy reliability activities in carrying out the 

22 purposes of the Department of Energy Organization Act (42 

23 U.S.C. 7101 et seq.), including the acquisition or con24 demnation of any real property or any facility or for plant 

25 or facility acquisition, construction, or expansion, 
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1 $141,010,000, to remain available until expended: Pro2 vided, That $27,010,000 shall be available until September 

3 30, 2013 for program direction. 

4 NUCLEAR ENERGY

5 For Department of Energy expenses including the pur6 chase, construction, and acquisition of plant and capital 

7 equipment, and other expenses necessary for nuclear energy 

8 activities in carrying out the purposes of the Department 

9 of Energy Organization Act (42 U.S.C. 7101 et seq.), in10 cluding the acquisition or condemnation of any real prop11 erty or any facility or for plant or facility acquisition, con12 struction, or expansion, and the purchase of not more than 

13 10 buses, all for replacement only, $583,834,000, to remain 

14 available until expended: Provided, That $86,279,000 shall 

15 be available until September 30, 2013 for program direc16 tion: Provided further, That, notwithstanding any other 

17 provision of law, the Department shall develop a strategy 

18 within 3 months of the publication of the final report of 

19 the Blue Ribbon Commission on America’s Nuclear Future 

20 to manage spent nuclear fuel and other nuclear waste at 

21 consolidated storage facilities and permanent repositories 

22 that can be implemented as expeditiously as possible. 
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1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 (INCLUDING RESCISSION)

3 For necessary expenses in carrying out fossil energy 

4 research and development activities, under the authority of 

5 the Department of Energy Organization Act (Public Law 

6 95–91), including the acquisition of interest, including de7 feasible and equitable interests in any real property or any 

8 facility or for plant or facility acquisition or expansion, 

9 and for conducting inquiries, technological investigations 

10 and research concerning the extraction, processing, use, and 

11 disposal of mineral substances without objectionable social 

12 and environmental costs (30 U.S.C. 3, 1602, and 1603), 

13 $445,471,000, to remain available until expended: Pro14 vided, That $151,729,000 shall be available until September 

15 30, 2013 for program direction: Provided further, That for 

16 all programs funded under Fossil Energy appropriations 

17 in this Act or any other Act, the Secretary may vest fee 

18 title or other property interests acquired under projects in 

19 any entity, including the United States: Provided further, 

20 That of prior-year balances, $187,000,000 are hereby re21 scinded: Provided further, That no rescission made by the 

22 previous proviso shall apply to any amount previously ap23 propriated in Public Law 111–5 or designated by the Con24 gress as an emergency requirement pursuant to a concur-
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1 rent resolution on the budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For expenses necessary to carry out naval petroleum 

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

6 available until expended: Provided, That, notwithstanding 

7 any other provision of law, unobligated funds remaining 

8 from prior years shall be available for all naval petroleum 

9 and oil shale reserve activities. 

10 STRATEGIC PETROLEUM RESERVE

11 For necessary expenses for Strategic Petroleum Reserve 

12 facility development and operations and program manage13 ment activities pursuant to the Energy Policy and Con14 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

15 $192,704,000, to remain available until expended. 

16 SPR PETROLEUM ACCOUNT

17 Notwithstanding sections 161 and 167 of the Energy 

18 Policy and Conservation Act (42 U.S.C. 6241, 6247), the 

19 Secretary of Energy shall sell $500,00,000 in petroleum 

20 products from the Reserve not later than March 1, 2012, 

21 and shall deposit any proceeds from such sales in the Gen22 eral Fund of the Treasury: Provided, That paragraphs 

23 (a)(1) and (2) of section 160 of the Energy Policy and Con24 servation Act of 1975 (42 U.S.C. 6240(a)(1) and (2)) are 

25 hereby repealed: Provided further, That unobligated bal-
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1 ances in this account shall be available to cover the costs 

2 of any sale under this Act. 

3 NORTHEAST HOME HEATING OIL RESERVE

4 (INCLUDING RESCISSION)

5 For necessary expenses for Northeast Home Heating 

6 Oil Reserve storage, operation, and management activities 

7 pursuant to the Energy Policy and Conservation Act, 

8 $10,119,000, to remain available until expended: Provided, 

9 That amounts net of the purchase of 1 million barrels of 

10 petroleum distillates in fiscal year 2011; costs related to 

11 transportation, delivery, and storage; and sales of petro12 leum distillate from the Reserve under section 182 of the 

13 Energy Policy and Conservation Act of 1975 (42 U.S.C. 

14 6250a) are hereby rescinded. 

15 ENERGY INFORMATION ADMINISTRATION

16 For necessary expenses in carrying out the activities 

17 of the Energy Information Administration, $105,000,000, 

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-defense 

23 environmental cleanup activities in carrying out the pur24 poses of the Department of Energy Organization Act (42 

25 U.S.C. 7101 et seq.), including the acquisition or con-
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1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $219,121,000, 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 Atom9 ic Energy Act of 1954, and title X, subtitle A, of the Energy 

10 Policy Act of 1992, $429,000,000, to be derived from the 

11 Uranium Enrichment Decontamination and Decommis12 sioning Fund, to remain available until expended. 

13 SCIENCE

14 For Department of Energy expenses including the pur15 chase, construction, and acquisition of plant and capital 

16 equipment, and other expenses necessary for science activi17 ties in carrying out the purposes of the Department of En18 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

19 the acquisition or condemnation of any real property or 

20 facility or for plant or facility acquisition, construction, or 

21 expansion, and purchase of not more than 49 passenger 

22 motor vehicles for replacement only, including one ambu23 lance and one bus, $4,842,665,000, to remain available 

24 until expended: Provided, That $180,786,000 shall be avail25 able until September 30, 2013 for program direction. 
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1 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

2 For necessary expenses in carrying out the activities 

3 authorized by section 5012 of the America COMPETES Act 

4 (Public Law 110–69), as amended, $250,000,000, to remain 

5 available until expended. 

6 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

7 PROGRAM

8 Subject to section 502 of the Congressional Budget Act 

9 of 1974, for the cost of loan guarantees for renewable energy 

10 or efficient end-use energy technologies under section 1703 

11 of the Energy Policy Act of 2005, $200,000,000 is appro12 priated to remain available until expended: Provided, That 

13 the amounts in this section are in addition to those pro14 vided in any other Act: Provided further, That, notwith15 standing section 1703(a)(2) of the Energy Policy Act of 

16 2005, funds appropriated for the cost of loan guarantees 

17 are also available for projects for which an application has 

18 been submitted to the Department of Energy prior to Feb19 ruary 24, 2011, in whole or in part, for a loan guarantee 

20 under 1705 of the Energy Policy Act of 2005: Provided fur21 ther, That an additional amount for necessary administra22 tive expenses to carry out this Loan Guarantee program, 

23 $38,000,000 is appropriated, to remain available until ex24 pended: Provided further, That $38,000,000 of the fees col25 lected pursuant to section 1702(h) of the Energy Policy Act 
108 

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1 of 2005 shall be credited as offsetting collections to this ac2 count to cover administrative expenses and shall remain 

3 available until expended, so as to result in a final fiscal 

4 year 2011 appropriations from the general fund estimated 

5 at not more than $0: Provided further, That fees collected 

6 under section 1702(h) in excess of the amount appropriated 

7 for administrative expenses shall not be available until ap8 propriated: Provided further, That for amounts collected 

9 pursuant to section 1702(b)(2) of the Energy Policy Act of 

10 2005, the source of such payment received from borrowers 

11 is not a loan or other debt obligation that is guaranteed 

12 by the Federal Government: Provided further, That pursu13 ant to section 1702(b)(2) of the Energy Policy Act of 2005, 

14 no appropriations are available to pay the subsidy cost of 

15 such guarantees for nuclear power or fossil energy facilities: 

16 Provided further, That none of the loan guarantee authority 

17 made available in this Act shall be available for commit18 ments to guarantee loans for any projects where funds, per19 sonnel, or property (tangible or intangible) of any Federal 

20 agency, instrumentality, personnel or affiliated entity are 

21 expected to be used (directly or indirectly) through acquisi22 tions, contracts, demonstrations, exchanges, grants, incen23 tives, leases, procurements, sales, other transaction author24 ity, or other arrangements, to support the project or to ob25 tain goods or services from the project: Provided further, 
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1 That the previous provision shall not be interpreted as pre2 cluding the use of the loan guarantee authority in this Act 

3 for commitment to guarantee loans for projects as a result 

4 of such projects benefiting from (a) otherwise allowable Fed5 eral income tax benefits; (b) being located on Federal land 

6 pursuant to a lease or right-of-way agreement for which all 

7 consideration for all uses is (i) paid exclusively in cash, 

8 (ii) deposited in the Treasury as offsetting receipts, and 

9 (iii) equal to the fair market value as determined by the 

10 head of the relevant Federal agency; (c) Federal insurance 

11 programs, including Price-Anderson; or (d) for electric gen12 eration projects, use of transmission facilities owned or op13 erated by a Federal Power Marketing Administration or 

14 the Tennessee Valley Authority that have been authorized, 

15 approved, and financed independent of the project receiving 

16 the guarantee: Provided further, That none of the loan guar17 antee authority made available in this Act shall be avail18 able for any project unless the Director of the Office of Man19 agement and Budget has certified in advance in writing 

20 that the loan guarantee and the project comply with the 

21 provisions under this title. 
110 

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1 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

2 LOAN PROGRAM

3 For administrative expenses in carrying out the Ad4 vanced Technology Vehicles Manufacturing Loan Program, 

5 $6,000,000, to remain available until expended. 

6 DEPARTMENTAL ADMINISTRATION

7 For salaries and expenses of the Department of Energy 

8 necessary for departmental administration in carrying out 

9 the purposes of the Department of Energy Organization Act 

10 (42 U.S.C. 7101 et seq.), including the hire of passenger 

11 motor vehicles and official reception and representation ex12 penses not to exceed $30,000, $237,623,000, to remain 

13 available until expended, plus such additional amounts as 

14 necessary to cover increases in the estimated amount of cost 

15 of work for others notwithstanding the provisions of the 

16 Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

17 That such increases in cost of work are offset by revenue 

18 increases of the same or greater amount, to remain avail19 able until expended: Provided further, That moneys received 

20 by the Department for miscellaneous revenues estimated to 

21 total $111,883,000 in fiscal year 2012 may be retained and 

22 used for operating expenses within this account, and may 

23 remain available until expended, as authorized by section 

24 201 of Public Law 95–238, notwithstanding the provisions 

25 of 31 U.S.C. 3302: Provided further, That the sum herein 
111 

•HR 2354 RS

1 appropriated shall be reduced by the amount of miscella2 neous revenues received during 2012, and any related ap3 propriated receipt account balances remaining from prior 

4 years’ miscellaneous revenues, so as to result in a final fis5 cal year 2012 appropriation from the general fund esti6 mated at not more than $125,740,000. 

7 OFFICE OF THE INSPECTOR GENERAL

8 For necessary expenses of the Office of the Inspector 

9 General in carrying out the provisions of the Inspector Gen10 eral Act of 1978, as amended, $41,774,000, to remain avail11 able until expended. 

12 ATOMIC ENERGY DEFENSE ACTIVITIES 

13 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

14 WEAPONS ACTIVITIES

15 For Department of Energy expenses, including the 

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

18 atomic energy defense weapons activities in carrying out 

19 the purposes of the Department of Energy Organization Act 

20 (42 U.S.C. 7101 et seq.), including the acquisition or con21 demnation of any real property or any facility or for plant 

22 or facility acquisition, construction, or expansion, the pur23 chase of not to exceed one ambulance and one aircraft; 

24 $7,190,000,000, to remain available until expended. 
112 

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1 DEFENSE NUCLEAR NONPROLIFERATION

2 (INCLUDING RESCISSION)

3 For Department of Energy expenses, including the 

4 purchase, construction, and acquisition of plant and cap5 ital equipment and other incidental expenses necessary for 

6 defense nuclear nonproliferation activities, in carrying out 

7 the purposes of the Department of Energy Organization Act 

8 (42 U.S.C. 7101 et seq.), including the acquisition or con9 demnation of any real property or any facility or for plant 

10 or facility acquisition, construction, or expansion, and the 

11 purchase of not to exceed one passenger motor vehicle for 

12 replacement only, $2,404,300,000, to remain available until 

13 expended: Provided, That of the unobligated balances avail14 able under this heading, $21,000,000 are hereby rescinded. 

15 NAVAL REACTORS

16 For Department of Energy expenses necessary for 

17 naval reactors activities to carry out the Department of En18 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

19 the acquisition (by purchase, condemnation, construction, 

20 or otherwise) of real property, plant, and capital equip21 ment, facilities, and facility expansion, $1,100,000,000, to 

22 remain available until expended. 

23 OFFICE OF THE ADMINISTRATOR

24 For necessary expenses of the Office of the Adminis25 trator in the National Nuclear Security Administration, in-
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•HR 2354 RS

1 cluding official reception and representation expenses not 

2 to exceed $12,000,$404,000,000, to remain available until 

3 September 30, 2013. 

4 ENVIRONMENTAL AND OTHER DEFENSE 

5 ACTIVITIES 

6 DEFENSE ENVIRONMENTAL CLEANUP

7 For Department of Energy expenses, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other expenses necessary for atomic en10 ergy defense environmental cleanup activities in carrying 

11 out the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 and the purchase of not to exceed one ambulances and one 

16 fire truck for replacement only, $5,002,308,000, to remain 

17 available until expended: Provided, That $321,628,000 shall 

18 be available until September 30, 2013 for program direc19 tion. 

20 OTHER DEFENSE ACTIVITIES

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other expenses, necessary for atomic en24 ergy defense, other defense activities, and classified activi25 ties, in carrying out the purposes of the Department of En-
114 

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1 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

2 the acquisition or condemnation of any real property or 

3 any facility or for plant or facility acquisition, construc4 tion, or expansion, and the purchase of not to exceed 10 

5 passenger motor vehicles for replacement only, 

6 $819,000,000, to remain available until expended. 

7 POWER MARKETING ADMINISTRATION 

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to Public Law 93–454, are 

11 approved for the Kootenai River Native Fish Conservation 

12 Aquaculture Program, Lolo Creek Permanent Weir Facil13 ity, and Improving Anadromous Fish production on the 

14 Warm Springs Reservation, and, in addition, for official 

15 reception and representation expenses in an amount not to 

16 exceed $7,000. During fiscal year 2012, no new direct loan 

17 obligations may be made. 

18 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

19 ADMINISTRATION

20 For necessary expenses of operation and maintenance 

21 of power transmission facilities and of marketing electric 

22 power and energy, including transmission wheeling and 

23 ancillary services pursuant to section 5 of the Flood Control 

24 Act of 1944 (16 U.S.C. 825s), as applied to the southeastern 

25 power area, $8,428,000, to remain available until expended: 
115 

•HR 2354 RS

1 Provided, That notwithstanding 31 U.S.C. 3302 and section 

2 5 of the Flood Control Act of 1944, up to $8,428,000 col3 lected by the Southeastern Power Administration from the 

4 sale of power and related services shall be credited to this 

5 account as discretionary offsetting collections, to remain 

6 available until expended for the sole purpose of funding the 

7 annual expenses of the Southeastern Power Administration: 

8 Provided further, That the sum herein appropriated for an9 nual expenses shall be reduced as collections are received 

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

11 2012 appropriation estimated at not more than $0: Pro12 vided further, That, notwithstanding 31 U.S.C. 3302, up 

13 to $100,162,000 collected by the Southeastern Power Ad14 ministration pursuant to the Flood Control Act of 1944 to 

15 recover purchase power and wheeling expenses shall be cred16 ited to this account as offsetting collections, to remain avail17 able until expended for the sole purpose of making purchase 

18 power and wheeling expenditures: Provided further, That 

19 for purposes of this appropriation, annual expenses means 

20 expenditures that are generally recovered in the same year 

21 that they are incurred (excluding purchase power and 

22 wheeling expenses). 
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•HR 2354 RS

1 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out section 5 of the Flood Control 

10 Act of 1944 (16 U.S.C. 825s), as applied to the South11 western Power Administration, $45,010,000, to remain 

12 available until expended: Provided, That notwithstanding 

13 31 U.S.C. 3302 and section 5 of the Flood Control Act of 

14 1944 (16 U.S.C. 825s), up to $33,118,000 collected by the 

15 Southwestern Power Administration from the sale of power 

16 and related services shall be credited to this account as dis17 cretionary offsetting collections, to remain available until 

18 expended, for the sole purpose of funding the annual ex19 penses of the Southwestern Power Administration: Provided 

20 further, That the sum herein appropriated for annual ex21 penses shall be reduced as collections are received during 

22 the fiscal year so as to result in a final fiscal year 2012 

23 appropriation estimated at not more than $11,892,000: 

24 Provided further, That, notwithstanding 31 U.S.C. 3302, 

25 up to $40,000,000 collected by the Southwestern Power Ad-
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1 ministration pursuant to the Flood Control Act of 1944 to 

2 recover purchase power and wheeling expenses shall be cred3 ited to this account as offsetting collections, to remain avail4 able until expended for the sole purpose of making purchase 

5 power and wheeling expenditures: Provided further, That 

6 for purposes of this appropriation, annual expenses means 

7 expenditures that are generally recovered in the same year 

8 that they are incurred (excluding purchase power and 

9 wheeling expenses). 

10 CONSTRUCTION, REHABILITATION, OPERATION AND

11 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

12 For carrying out the functions authorized by title III, 

13 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

14 7152), and other related activities including conservation 

15 and renewable resources programs as authorized, including 

16 official reception and representation expenses in an amount 

17 not to exceed $1,500; $285,900,000, to remain available 

18 until expended, of which $278,856,000 shall be derived from 

19 the Department of the Interior Reclamation Fund: Pro20 vided, That notwithstanding 31 U.S.C. 3302, section 5 of 

21 the Flood Control Act of 1944 (16 U.S.C. 825s), and section 

22 1 of the Interior Department Appropriation Act, 1939 (43 

23 U.S.C. 392a), up to $189,932,000 collected by the Western 

24 Area Power Administration from the sale of power and re25 lated services shall be credited to this account as discre-
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1 tionary offsetting collections, to remain available until ex2 pended, for the sole purpose of funding the annual expenses 

3 of the Western Area Power Administration: Provided fur4 ther, That the sum herein appropriated for annual expenses 

5 shall be reduced as collections are received during the fiscal 

6 year so as to result in a final fiscal year 2012 appropria7 tion estimated at not more than $95,968,000, of which 

8 $88,924,000 is derived from the Reclamation Fund: Pro9 vided further, That of the amount herein appropriated, not 

10 more than $3,375,000 is for deposit into the Utah Reclama11 tion Mitigation and Conservation Account pursuant to title 

12 IV of the Reclamation Projects Authorization and Adjust13 ment Act of 1992: Provided further, That notwithstanding 

14 31 U.S.C. 3302, up to $306,541,000 collected by the Western 

15 Area Power Administration pursuant to the Flood Control 

16 Act of 1944 and the Reclamation Project Act of 1939 to 

17 recover purchase power and wheeling expenses shall be cred18 ited to this account as offsetting collections, to remain avail19 able until expended for the sole purpose of making purchase 

20 power and wheeling expenditures: Provided further, That 

21 for purposes of this appropriation, annual expenses means 

22 expenditures that are generally recovered in the same year 

23 that they are incurred (excluding purchase power and 

24 wheeling expenses). 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $4,169,000, to remain available until expended, and 

6 to be derived from the Falcon and Amistad Operating and 

7 Maintenance Fund of the Western Area Power Administra8 tion, as provided in section 2 of the Act of June 18, 1954 

9 (68 Stat. 255) as amended: Provided, That notwithstanding 

10 the provisions of that Act and of 31 U.S.C. 3302, up to 

11 $3,949,000 collected by the Western Area Power Adminis12 tration from the sale of power and related services from the 

13 Falcon and Amistad Dams shall be credited to this account 

14 as discretionary offsetting collections, to remain available 

15 until expended for the sole purpose of funding the annual 

16 expenses of the hydroelectric facilities of these Dams and 

17 associated Western Area Power Administration activities: 

18 Provided further, That the sum herein appropriated for an19 nual expenses shall be reduced as collections are received 

20 during the fiscal year so as to result in a final fiscal year 

21 2012 appropriation estimated at not more than $220,000: 

22 Provided further, That for purposes of this appropriation, 

23 annual expenses means expenditures that are generally re24 covered in the same year that they are incurred. 
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

7 the hire of passenger motor vehicles, and official reception 

8 and representation expenses not to exceed 

9 $3,000,$304,600,000, to remain available until expended: 

10 Provided, That notwithstanding any other provision of law, 

11 not to exceed $304,600,000 of revenues from fees and annual 

12 charges, and other services and collections in fiscal year 

13 2012 shall be retained and used for necessary expenses in 

14 this account, and shall remain available until expended: 

15 Provided further, That the sum herein appropriated from 

16 the general fund shall be reduced as revenues are received 

17 during fiscal year 2012 so as to result in a final fiscal year 

18 2012 appropriation from the general fund estimated at not 

19 more than $0: Provided further, That not later than 180 

20 days after the date of enactment of this Act, the Commission 

21 shall issue such regulations as are necessary to clarify that 

22 a State may establish rates for the wholesale sale of electric 

23 energy in interstate commerce pursuant to the Public Util24 ity Regulatory Policies Act of 1978 such that those rates 

25 shall not unduly discriminate against the qualifying cogen-
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1 eration facility or qualifying small power production facil2 ity selling the electric energy or exceed the costs to produce 

3 and deliver the electric energy, as determined for the specific 

4 technology at issue. 

5 GENERAL PROVISIONS—DEPARTMENT OF 

6 ENERGY 

7 SEC. 301. The unexpended balances of prior appro8 priations provided for activities in this Act may be avail9 able to the same appropriation accounts for such activities 

10 established pursuant to this title. Available balances may 

11 be merged with funds in the applicable established accounts 

12 and thereafter may be accounted for as one fund for the 

13 same time period as originally enacted. 

14 SEC. 302. When the Department of Energy makes a 

15 user facility available to universities or other potential 

16 users, or seeks input from universities or other potential 

17 users regarding significant characteristics or equipment in 

18 a user facility or a proposed user facility, the Department 

19 shall ensure broad public notice of such availability or such 

20 need for input to universities and other potential users. 

21 When the Department of Energy considers the participation 

22 of a university or other potential user as a formal partner 

23 in the establishment or operation of a user facility, the De24 partment shall employ full and open competition in select-
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1 ing such a partner. For purposes of this section, the term 

2 ‘‘user facility’’ includes, but is not limited to: 

3 (1) a user facility as described in section 

4 2203(a)(2) of the Energy Policy Act of 1992 (42 

5 U.S.C. 13503(a)(2)); 

6 (2) a National Nuclear Security Administration 

7 Defense Programs Technology Deployment Center/ 

8 User Facility; and 

9 (3) any other Departmental facility designated 

10 by the Department as a user facility. 

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

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

13 for intelligence activities are deemed to be specifically au14 thorized by the Congress for purposes of section 504 of the 

15 National Security Act of 1947 (50 U.S.C. 414) during fiscal 

16 year 2012 until the enactment of the Intelligence Authoriza17 tion Act for fiscal year 2012. 

18 SEC. 304. (a) SUBMISSION TO CONGRESS.—The Sec19 retary of Energy shall submit to Congress each year, at the 

20 time that the President’s budget is submitted to Congress 

21 that year under section 1105(a) of title 31, United States 

22 Code, a future-years energy program reflecting the esti23 mated expenditures and proposed appropriations included 

24 in that budget. Any such future-years energy program shall 

25 cover the fiscal year with respect to which the budget is sub-
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1 mitted and at least the four succeeding fiscal years. A fu2 ture-years energy program shall be included in the fiscal 

3 year 2014 budget submission to Congress and every fiscal 

4 year thereafter. 

5 (b) ELEMENTS.—Each future-years energy program 

6 shall contain the following: 

7 (1) The estimated expenditures and proposed ap8 propriations necessary to support programs, projects, 

9 and activities of the Secretary of Energy during the 

10 5-fiscal year period covered by the program, expressed 

11 in a level of detail comparable to that contained in 

12 the budget submitted by the President to Congress 

13 under section 1105 of title 31, United States Code. 

14 (2) The estimated expenditures and proposed ap15 propriations shaped by high-level, prioritized pro16 gram and budgetary guidance that is consistent with 

17 the administration’s policies and out year budget pro18 jections and reviewed by DOE’s senior leadership to 

19 ensure that the future-years energy program is con20 sistent and congruent with previously established pro21 gram and budgetary guidance. 

22 (3) A description of the anticipated workload re23 quirements for each DOE national laboratory during 

24 the 5-fiscal year period. 

25 (c) CONSISTENCY IN BUDGETING.— 
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1 (1) The Secretary of Energy shall ensure that 

2 amounts described in subparagraph (A) of paragraph 

3 (2) for any fiscal year are consistent with amounts 

4 described in subparagraph (B) of paragraph (2) for 

5 that fiscal year. 

6 (2) Amounts referred to in paragraph (1) are the 

7 following: 

8 (A) The amounts specified in program and 

9 budget information submitted to Congress by the 

10 Secretary of Energy in support of expenditure 

11 estimates and proposed appropriations in the 

12 budget submitted to Congress by the President 

13 under section 1105(a) of title 31, United States 

14 Code, for any fiscal year, as shown in the future15 years energy program submitted pursuant to 

16 subsection (a). 

17 (B) The total amounts of estimated expendi18 tures and proposed appropriations necessary to 

19 support the programs, projects, and activities of 

20 the administration included pursuant to para21 graph (5) of section 1105(a) of such title in the 

22 budget submitted to Congress under that section 

23 for any fiscal year. 

24 SEC. 305. Section 1702 of the Energy Policy Act of 

25 2005 (42 U.S.C. 16512) is amended— 
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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

4 ‘‘(1) IN GENERAL.—No guarantee shall be made 

5 unless— 

6 ‘‘(A) an appropriation for the cost of the 

7 guarantee has been made; 

8 ‘‘(B) the Secretary has received from the 

9 borrower a payment in full for the cost of the 

10 guarantee and deposited the payment into the 

11 Treasury; or 

12 ‘‘(C) a combination of one or more appro13 priations under subparagraph (A) and one or 

14 more payments from the borrower under sub15 paragraph (B) has been made that is sufficient 

16 to cover the cost of the guarantee.’’. 

17 SEC. 306. Plant or construction projects for which 

18 amounts are made available under this and subsequent ap19 propriation Acts with a current estimated cost of less than 

20 $10,000,000 are considered for purposes of section 4703 of 

21 Public Law 107–314 as a plant project for which the ap22 proved total estimated cost does not exceed the minor con23 struction threshold and for purposes of section 4704 of Pub24 lic Law 107–314 as a construction project with a current 

25 estimated cost of less than a minor construction threshold. 
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1 SEC. 307. In section 839b(h)(10)(B) of title 16, United 

2 States Code, strike ‘‘$1,000,000’’ and insert ‘‘$5,000,000.’’ 

3 (RESCISSION)

4 SEC. 308. None of the funds in this Act or any other 

5 Act shall be used to deposit funds in excess of $25,000,000 

6 from any Federal royalties, rents, and bonuses derived from 

7 Federal onshore and off-shore oil and gas leases issued 

8 under the Outer Continental Shelf Lands Act (43 U.S.C. 

9 1331 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 

10 et seq.) into the Ultra-Deepwater and Unconventional Nat11 ural Gas and Other Petroleum Research Fund. 

12 (RESCISSION)

13 SEC. 309. Of the amounts appropriated in this title, 

14 $73,700,000 are hereby rescinded, to reflect savings from the 

15 contractor pay freeze instituted by the Department. The De16 partment shall allocate the rescission among the appropria17 tions made in this title. 

18 SEC. 310. Recipients of grants awarded by the Depart19 ment in excess of $1,000,000 shall certify that they will, 

20 by the end of the fiscal year, upgrade the efficiency of their 

21 facilities by replacing any lighting that does not meet or 

22 exceed the energy efficiency standard for incandescent light 

23 bulbs set forth in section 325 of the Energy Policy and Con24 servation Act (42 U.S.C. 6295). 
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1 SEC. 311. (a) Any determination (including a deter2 mination made prior to the date of enactment of this Act) 

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

4 USEC Privatization Act (110 Stat. 1321–335), as amend5 ed, that the sale or transfer of uranium will not have an 

6 adverse material impact on the domestic uranium mining, 

7 conversion, or enrichment industry shall be valid for not 

8 more than 2 calendar years subsequent to such determina9 tion. 

10 (b) Not less than 30 days prior to the transfer, sale, 

11 barter, distribution, or other provision of uranium in any 

12 form for the purpose of accelerating cleanup at a Federal 

13 site, the Secretary shall notify the House and Senate Com14 mittees on Appropriations of the following: 

15 (1) the amount of uranium to be transferred, 

16 sold, bartered, distributed, or otherwise provided; 

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

18 market value of the uranium on the expected date of 

19 the transfer, sale, barter, distribution, or other provi20 sion of the uranium; 

21 (3) the expected date of transfer, sale, barter, dis22 tribution, or other provision of the uranium; 

23 (4) the recipient of the uranium; and 

24 (5) the value of the services the Secretary expects 

25 to receive in exchange for the uranium, including any 
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1 reductions to the gross value of the uranium by the 

2 recipient. 

3 (c) Not later than June 30, 2012, the Secretary shall 

4 submit to the House and Senate Committees on Appropria5 tions a revised excess uranium inventory management plan 

6 for fiscal years 2013 through 2018. 

7 (d) Not later than December 31, 2011 the Secretary 

8 shall submit to the House and Senate Committees on Ap9 propriations a report evaluating the economic feasibility of 

10 re-enriching depleted uranium located at Federal sites. 

11 SEC. 312. (a) The Secretary of Energy may allow a 

12 third party, on a fee-for-service basis, to operate and main13 tain a metering station of the Strategic Petroleum Reserve 

14 that is underutilized (as defined in section 102–75.50 of 

15 title 41, Code of Federal Regulations (or successor regula16 tions)) and related equipment. 

17 (b) Funds collected under subsection (a) shall be depos18 ited in the general fund of the Treasury. 

19 TITLE IV 

20 INDEPENDENT AGENCIES 

21 APPALACHIAN REGIONAL COMMISSION

22 For expenses necessary to carry out the programs au23 thorized by the Appalachian Regional Development Act of 

24 1965, as amended, for necessary expenses for the Federal 

25 Co-Chairman and the Alternate on the Appalachian Re-
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1 gional Commission, for payment of the Federal share of the 

2 administrative expenses of the Commission, including serv3 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

4 motor vehicles, $58,024,000, to remain available until ex5 pended. 

6 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Defense Nuclear Facili9 ties Safety Board in carrying out activities authorized by 

10 the Atomic Energy Act of 1954, as amended by Public Law 

11 100–456, section 1441, $29,130,000, to remain available 

12 until September 30, 2013: Provided, That within 90 days 

13 of enactment of this Act the Defense Nuclear Facilities Safe14 ty Board shall enter into an agreement for fiscal year 2012 

15 and hereafter with the Office of the Inspector General of 

16 either the Nuclear Regulatory Commission or the Depart17 ment of Energy for inspector general services. 

18 DELTA REGIONAL AUTHORITY

19 SALARIES AND EXPENSES

20 For necessary expenses of the Delta Regional Authority 

21 and to carry out its activities, as authorized by the Delta 

22 Regional Authority Act of 2000, as amended, notwith23 standing sections 382C(b)(2), 382F(d), 382M, and 382N of 

24 said Act, $9,925,000, to remain available until expended. 
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1 DENALI COMMISSION

2 For expenses of the Denali Commission including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment as necessary and other expenses, $9,077,000, 

5 to remain available until expended, notwithstanding the 

6 limitations contained in section 306(g) of the Denali Com7 mission Act of 1998: Provided, That funds shall be available 

8 for construction projects in an amount not to exceed 80 per9 cent of total project cost for distressed communities, as de10 fined by section 307 of the Denali Commission Act of 1998 

11 (division C, title III, Public Law 105–277), as amended 

12 by section 701 of appendix D, title VII, Public Law 106– 

13 113 (113 Stat. 1501A–280), and an amount not to exceed 

14 50 percent for non-distressed communities. 

15 NUCLEAR REGULATORY COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Commission in carrying 

18 out the purposes of the Energy Reorganization Act of 1974, 

19 as amended, and the Atomic Energy Act of 1954, as amend20 ed, including official representation expenses (not to exceed 

21 $25,000), $1,027,240,000, to remain available until ex22 pended: Provided, That revenues from licensing fees, inspec23 tion services, and other services and collections estimated 

24 at $899,726,000 in fiscal year 2012 shall be retained and 

25 used for necessary salaries and expenses in this account, 
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1 notwithstanding 31 U.S.C. 3302, and shall remain avail2 able until expended: Provided further, That the sum herein 

3 appropriated shall be reduced by the amount of revenues 

4 received during fiscal year 2012 so as to result in a final 

5 fiscal year 2012 appropriation estimated at not more than 

6 $127,514,000. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of the Inspector 

9 General in carrying out the provisions of the Inspector Gen10 eral Act of 1978, $10,860,000, to remain available until ex11 pended: Provided, That revenues from licensing fees, inspec12 tion services, and other services and collections estimated 

13 at $9,774,000 in fiscal year 2012 shall be retained and be 

14 available until expended, for necessary salaries and ex15 penses in this account, notwithstanding section 3302 of title 

16 31, United States Code: Provided further, That the sum 

17 herein appropriated shall be reduced by the amount of reve18 nues received during fiscal year 2012 so as to result in a 

19 final fiscal year 2012 appropriation estimated at not more 

20 than $1,086,000. 

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Nuclear Waste Technical 

24 Review Board, as authorized by Public Law 100–203, sec-
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1 tion 5051, $3,400,000 to be derived from the Nuclear Waste 

2 Fund, and to remain available until expended. 

3 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

4 NATURAL GAS TRANSPORTATION PROJECTS

5 For necessary expenses for the Office of the Federal Co6 ordinator for Alaska Natural Gas Transportation Projects 

7 pursuant to the Alaska Natural Gas Pipeline Act of 2004, 

8 $1,000,000. 

9 NORTHERN BORDER REGIONAL COMMISSION

10 For necessary expenses of the Northern Border Re11 gional Commission in carrying out activities authorized by 

12 subtitle V of title 40, United States Code, $1,275,000, to 

13 remain available until expended: Provided, That such 

14 amounts shall be available for administrative expenses, not15 withstanding section 15751(b) of title 40, United States 

16 Code. 

17 SOUTHEAST CRESCENT REGIONAL COMMISSION

18 For necessary expenses of the Southeast Crescent Re19 gional Commission in carrying out activities authorized by 

20 subtitle V of title 40, United States Code, $213,000, to re21 main available until expended. 

22 GENERAL PROVISIONS 

23 SEC. 401. (a) DEFINITIONS.—In this section: 

24 (1) CHAIRPERSON.—The term ‘‘Chairperson’’ 

25 means the Chairperson of the Commission. 
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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Nuclear Regulatory Commission. 

3 (3) SPENT FUEL POOL.—The term ‘‘spent fuel 

4 pool’’ means an underwater storage and cooling facil5 ity for spent (or depleted) fuel assemblies that have 

6 been removed from a reactor. 

7 (b) As soon as practicable after the date of enactment 

8 of this Act, the Chairperson shall order licencees to, in ac9 cordance with the recommendations of the 90-day task force 

10 of the Commission, enhance spent fuel pools by: 

11 (1) providing sufficient safety-related instrumen12 tation that is able to withstand design-basis natural 

13 phenomena to monitor key spent fuel pool parameters 

14 (such as water level, temperature, and area radiation 

15 levels) from a control room; 

16 (2) providing safety-related, alternating-current 

17 electrical power for the spent fuel pool makeup sys18 tem; 

19 (3) providing onsite emergency electrical power 

20 for spent fuel pools and instrumentation for cases in 

21 which there exists irradiated fuel in a spent fuel pool, 

22 regardless of the operational mode of the relevant re23 actor; and 

24 (4) installing a seismically qualified means to 

25 spray water into spent fuel pools, including an easily 
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1 accessible connection to supply the water (such as 

2 using a portable pump or pumper truck) at grade 

3 outside a relevant structure. 

4 SEC. 402. Consistent with the findings of its 90 Day 

5 Task Force, the Nuclear Regulatory Commission shall order 

6 licensees to reevaluate the seismic, tsunami, flooding and 

7 other hazards at their sites as expeditiously as possible, and 

8 thereafter, at least once every 10 years, and the Commission 

9 shall require licensees to demonstrate to the Commission 

10 that the design basis of structures, systems, and components 

11 for each operating reactor meet current NRC requirements 

12 and guidance with regard to these threats. The Commission 

13 shall require licensees to update the design basis of struc14 tures, systems, and components for each operating reactor, 

15 if necessary. 

16 TITLE V 

17 GENERAL PROVISIONS 

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

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

20 congressional action on any legislation or appropriation 

21 matters pending before Congress, other than to commu22 nicate to Members of Congress as described in 18 U.S.C. 

23 1913. 

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

25 Act may be transferred to any department, agency, or in-
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1 strumentality of the United States Government, except pur2 suant to a transfer made by, or transfer authority provided 

3 in this Act or any other appropriation Act. 

4 TITLE VI 

5 ADDITIONAL FUNDING FOR DISASTER RELIEF 

6 DEPARTMENT OF DEFENSE—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 MISSISSIPPI RIVER AND TRIBUTARIES

10 For an additional amount for ‘‘Mississippi River and 

11 Tributaries’’ for expenses resulting from a major disaster 

12 designation pursuant to the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act (42 U.S.C. 5122(2)), 

14 $890,177,300, to remain available until expended for repair 

15 of damages to Federal projects: Provided, That the Assistant 

16 Secretary of the Army for Civil Works shall provide a 

17 monthly report to the Committees on Appropriations of the 

18 House of Representatives and the Senate detailing the allo19 cation and obligation of these funds, beginning not later 

20 than 60 days after enactment of this Act: Provided further, 

21 That the amount in this paragraph is designated by Con22 gress as being for disaster relief pursuant to section 

23 251(b)(2)(D) of the Balanced Budget and Emergency Def24 icit Control Act of 1985 (Public Law 99–177), as amended. 
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1 OPERATION AND MAINTENANCE

2 For an additional amount for ‘‘Operation and Mainte3 nance’’ for expenses resulting from a major disaster des4 ignation pursuant to the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5122(2)) to 

6 dredge navigation channels and repair damage to Corps 

7 projects nationwide, $88,003,700, to remain available until 

8 expended: Provided, That the Assistant Secretary of the 

9 Army for Civil Works shall provide a monthly report to 

10 the Committees on Appropriations of the House of Rep11 resentatives and the Senate detailing the allocation and ob12 ligation of these funds, beginning not later than 60 days 

13 after enactment of this Act: Provided further, That the 

14 amount in this paragraph is designated by Congress as 

15 being for disaster relief pursuant to section 251(b)(2)(D) 

16 of the Balanced Budget and Emergency Deficit Control Act 

17 of 1985 (Public Law 99–177), as amended. 

18 FLOOD CONTROL AND COASTAL EMERGENCIES

19 For an additional amount for ‘‘Flood Control and 

20 Coastal Emergencies’’, for expenses resulting from a major 

21 disaster designation pursuant to the Robert T. Stafford Dis22 aster Relief and Emergency Assistance Act (42 U.S.C. 

23 5122(2)) as authorized by section 5 of the Act of August 

24 18, 1941 (33 U.S.C. 701n), for necessary expenses to pre25 pare for flood, hurricane and other natural disasters and 
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1 support emergency operations, repair and other activities 

2 in response to recent natural disasters as authorized by law, 

3 $66,387,000, to remain available until expended: Provided, 

4 That the Assistant Secretary of the Army for Civil Works 

5 shall provide a monthly report to the Committees on Appro6 priations of the House of Representatives and the Senate 

7 detailing the allocation and obligation of these funds, begin8 ning not later than 60 days after enactment of this Act: 

9 Provided further, That the amount in this paragraph is des10 ignated by Congress as being for disaster relief pursuant 

11 to section 251(b)(2)(D) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985 (Public Law 99–177), 

13 as amended. 

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

16 2012’’. 
Calendar No. 157 

112TH CONGRESS 

1ST SESSION H. R. 2354 

[Report No. 112–75] 

AN ACT 

Making appropriations for energy and water develposes. ending September 30, 2012, and for other pur- opment and related agencies for the fiscal year 

JULY 18, 2011 

Received; read twice and referred to the Committee on 

Appropriations 

SEPTEMBER 7, 2011 

Reported with an amendment