IIB 

112TH CONGRESS 

1ST SESSION H. R. 2354 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2011 

Received; read twice and referred to the Committee on Appropriations 

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, 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

HR 2354 RFS

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for en3 ergy and water development and related agencies for the 

4 fiscal year ending September 30, 2012, and for other pur5 poses, namely: 

6 TITLE I—CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers 

13 and harbors, flood and storm damage reduction, shore 

14 protection, aquatic ecosystem restoration, and related ef15 forts. 

16 INVESTIGATIONS

17 For expenses necessary when authorized by law for 

18 the collection and study of basic information pertaining 

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

20 shore protection, aquatic ecosystem restoration, and re21 lated needs; for surveys and detailed studies and plans and 

22 specifications of proposed river and harbor, flood and 

23 storm damage reduction, shore protection, and aquatic 

24 ecosystem restoration projects and related efforts prior to 

25 construction; for restudy of authorized projects; and for 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

HR 2354 RFS

1 miscellaneous investigations and, when authorized by law, 

2 surveys and detailed studies and plans and specifications 

3 of projects prior to construction, $104,000,000, to remain 

4 available until expended: Provided, That except as pro5 vided in section 101, the amounts made available under 

6 this paragraph shall be expended as authorized by law for 

7 the programs, projects and activities specified in the text 

8 and table under this heading in the report of the Com9 mittee on Appropriations of the House of Representatives 

10 to accompany this Act. 

11 CONSTRUCTION

12 (INCLUDING RESCISSION OF FUNDS)

13 For expenses necessary for the construction of river 

14 and harbor, flood and storm damage reduction, shore pro15 tection, aquatic ecosystem restoration, and related 

16 projects authorized by law; for conducting detailed studies 

17 and plans and specifications of such projects (including 

18 those involving participation by States, local governments, 

19 or private groups) authorized or made eligible for selection 

20 by law (but such detailed studies and plans and specifica21 tions shall not constitute a commitment of the Govern22 ment to construction), $1,615,941,000 (reduced by 

23 $1,750,000), to remain available until expended; of which 

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

25 construction costs for facilities under the Dredged MateVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
4 

HR 2354 RFS

1 rial Disposal Facilities program shall be derived from the 

2 Harbor Maintenance Trust Fund as authorized by the 

3 Water Resources Development Act of 1996 (Public Law 

4 104–303); and of which such sums as are necessary to 

5 cover one-half of the costs of construction, replacement, 

6 rehabilitation, and expansion of inland waterways projects 

7 (including only Olmsted Lock and Dam, Ohio River, Illi8 nois and Kentucky; Emsworth Locks and Dam, Ohio 

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

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

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

12 Waterways Trust Fund: Provided, That of the unobligated 

13 balances from prior year appropriations available under 

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

15 That no amounts may be rescinded from amounts that 

16 were designated by the Congress as an emergency require17 ment pursuant to the Concurrent Resolution on the Budg18 et or the Balanced Budget and Emergency Deficit Control 

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

20 as provided in section 101, the amounts made available 

21 under this paragraph shall be expended as authorized by 

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

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

24 Committee on Appropriations of the House of Representa25 tives to accompany this Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

HR 2354 RFS

1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

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

5 by law, $210,000,000, to remain available until expended, 

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

7 share of eligible operation and maintenance costs for in8 land harbors shall be derived from the Harbor Mainte9 nance Trust Fund: Provided, That except as provided in 

10 section 101, the amounts made available under this para11 graph shall be expended as authorized by law for the pro12 grams, projects, and activities specified in the text and 

13 table under this heading in the report of the Committee 

14 on Appropriations of the House of Representatives to ac15 company this Act. 

16 OPERATION AND MAINTENANCE

17 For expenses necessary for the operation, mainte18 nance, and care of existing river and harbor, flood and 

19 storm damage reduction, aquatic ecosystem restoration, 

20 and related projects authorized by law; providing security 

21 for infrastructure owned or operated by the Corps of Engi22 neers, including administrative buildings and laboratories; 

23 maintaining harbor channels provided by a State, munici24 pality, or other public agency that serve essential naviga25 tion needs of general commerce, when authorized by law; 


emcdonald on DSK2BSOYB1PROD with BILLS
6 

HR 2354 RFS

1 surveying and charting northern and northwestern lakes 

2 and connecting waters; clearing and straightening chan3 nels; and removing obstructions to navigation, 

4 $2,366,465,000 (increased by $1,000,000) (increased by 

5 $6,360,000) (reduced by $4,900,000), to remain available 

6 until expended, of which such sums as are necessary to 

7 cover the Federal share of eligible operation and mainte8 nance costs for coastal harbors and channels and for in9 land harbors shall be derived from the Harbor Mainte10 nance Trust Fund; of which such sums as become avail11 able from the special account for the Corps of Engineers 

12 established by the Land and Water Conservation Fund 

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

14 that account for resource protection, research, interpreta15 tion, and maintenance activities related to resource protec16 tion in the areas at which outdoor recreation is available; 

17 and of which such sums as become available from fees col18 lected under section 217 of the Water Resources Develop19 ment Act of 1996 (Public Law 104–303) shall be used 

20 to cover the cost of operation and maintenance of the 

21 dredged material disposal facilities for which such fees 

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

23 amount of funds provided for each of the programs, 

24 projects or activities funded under this heading shall not 

25 be allocated to a field operating activity prior to the beginVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
7 

HR 2354 RFS

1 ning of the fourth quarter of the fiscal year and shall be 

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

3 emergency activities as the Chief of Engineers determines 

4 to be necessary and appropriate, and that the Chief of En5 gineers shall allocate during the fourth quarter any re6 maining funds which have not been used for emergency 

7 activities proportionally in accordance with the amounts 

8 provided for the programs, projects or activities: Provided 

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

10 amounts made available under this paragraph shall be ex11 pended as authorized by law for the programs, projects, 

12 and activities specified in the text and table under this 

13 heading in the report of the Committee on Appropriations 

14 of the House of Representatives to accompany this Act. 

15 REGULATORY PROGRAM

16 For expenses necessary for administration of laws 

17 pertaining to regulation of navigable waters and wetlands, 

18 $196,000,000, to remain available until expended. 

19 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

20 For expenses necessary to clean up contamination 

21 from sites in the United States resulting from work per22 formed as part of the Nation’s early atomic energy pro23 gram, $109,000,000, to remain available until expended. 


emcdonald on DSK2BSOYB1PROD with BILLS
8 

HR 2354 RFS

1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary to prepare for floods, hurri3 canes, and other natural disasters and support emergency 

4 operations, repairs, and other activities in response to 

5 such disasters as authorized by law, $27,000,000, to re6 main available until expended. 

7 EXPENSES

8 For expenses necessary for the supervision and gen9 eral administration of the civil works program in the head10 quarters of the Corps of Engineers and the offices of the 

11 Division Engineers; and for costs of management and op12 eration of the Humphreys Engineer Center Support Activ13 ity, the Institute for Water Resources, the United States 

14 Army Engineer Research and Development Center, and 

15 the United States Army Corps of Engineers Finance Cen16 ter allocable to the civil works program, $185,000,000 (re17 duced by $6,360,000), to remain available until expended, 

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

19 reception and representation purposes and only during the 

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

21 appropriation in this title shall be available to fund the 

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

23 or the civil works executive direction and management ac24 tivities of the division offices: Provided further, That any 

25 Flood Control and Coastal Emergencies appropriation 


emcdonald on DSK2BSOYB1PROD with BILLS
9 

HR 2354 RFS

1 may be used to fund the supervision and general adminis2 tration of emergency operations, repairs, and other activi3 ties in response to any flood, hurricane, or other natural 

4 disaster. 

5 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

6 FOR CIVIL WORKS

7 For the Office of the Assistant Secretary of the Army 

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

9 title 10, United States Code, $5,000,000, to remain avail10 able until expended. 

11 ADMINISTRATIVE PROVISION

12 The Revolving Fund, Corps of Engineers, shall be 

13 available during the current fiscal year for purchase (not 

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

15 motor vehicles for the civil works program. 

16 GENERAL PROVISIONS, CORPS OF 

17 ENGINEERS—CIVIL 

18 (INCLUDING TRANSFERS OF FUNDS)

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

20 shall be available for obligation or expenditure through a 

21 reprogramming of funds that— 

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

23 or activity; 

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


emcdonald on DSK2BSOYB1PROD with BILLS
10 

HR 2354 RFS

1 (3) increases funds or personnel for any pro2 gram, project, or activity for which funds are denied 

3 or restricted by this Act; 

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

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

6 Act; 

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

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

9 whichever is less; or 

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

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

12 whichever is less. 

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

14 or activity authorized under section 205 of the Flood Con15 trol Act of 1948, section 14 of the Flood Control Act of 

16 1946, section 208 of the Flood Control Act of 1954, sec17 tion 107 of the River and Harbor Act of 1960, section 

18 103 of the River and Harbor Act of 1962, section 111 

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

20 Water Resources Development Act of 1986, section 206 

21 of the Water Resources Development Act of 1996, or sec22 tion 204 of the Water Resources Development Act of 

23 1992. 

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

25 and coastal storm damage reduction and navigation proVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
11 

HR 2354 RFS

1 gram funds provided under ‘‘Remaining Items’’ in the ta2 bles under the headings ‘‘Corps of Engineers-Civil—Con3 struction’’ and ‘‘Corps of Engineers-Civil—Operation and 

4 Maintenance’’ or to additional investigations funding 

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

6 Engineers-Civil—Investigations’’ in the report of the Com7 mittee on Appropriations of the House of Representatives 

8 to accompany this Act. 

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

10 a quarterly basis to the Committees on Appropriations of 

11 the House of Representatives and the Senate detailing all 

12 the funds reprogrammed between programs, projects, ac13 tivities, or categories of funding. The first quarterly report 

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

15 of enactment of this Act. 

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

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

18 commits funds beyond the amounts appropriated for that 

19 program, project, or activity that remain unobligated, ex20 cept that such amounts may include any funds that have 

21 been made available through reprogramming pursuant to 

22 section 101. 

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

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


emcdonald on DSK2BSOYB1PROD with BILLS
12 

HR 2354 RFS

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

6 is enacted. 

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

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

9 the Assistant Secretary of the Army for Civil Works shall 

10 submit the report to the appropriate authorizing and ap11 propriating committees of the Congress. 

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

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

14 is authorized to implement measures recommended in the 

15 efficacy study authorized under section 3061 of the Water 

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

17 in interim reports, with such modifications or emergency 

18 measures as the Secretary of the Army determines to be 

19 appropriate, to prevent aquatic nuisance species from dis20 persing into the Great Lakes by way of any hydrologic 

21 connection between the Great Lakes and the Mississippi 

22 River Basin. 

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

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

25 $100,000,000 of the funds provided for reinforcing or reVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
13 

HR 2354 RFS

1 placing flood walls under the heading ‘‘Corps of Engi2 neers-Civil—Flood Control and Coastal Emergencies’’ in 

3 Public Law 109–234 and Public Law 110–252 and up to 

4 $75,000,000 of the funds provided for projects and meas5 ures for the West Bank and Vicinity and Lake 

6 Ponchartrain and Vicinity projects under the heading 

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

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

9 funds provided for the West Bank and Vicinity project 

10 under the heading ‘‘Corps of Engineers-Civil—Construc11 tion’’ in Public Law 110–252 and Public Law 110–329, 

12 consistent with 65 percent Federal and 35 percent non13 Federal cost share and the financing of, and payment 

14 terms for, the non-Federal cash contribution associated 

15 with the West Bank and Vicinity project. 

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

17 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

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

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

21 of Engineers projects. 

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

23 Act or any subsequent Act making appropriations for En24 ergy and Water Development may be used by the Corps 

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


emcdonald on DSK2BSOYB1PROD with BILLS
14 

HR 2354 RFS

1 enforce a change or supplement to the rule dated Novem2 ber 13, 1986, or guidance documents dated January 15, 

3 2003, and December 2, 2008, pertaining to the definition 

4 of waters under the jurisdiction of the Federal Water Pol5 lution Control Act (33 U.S.C. 1251 et seq.). 

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

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

8 or study the relocation of, any regional division head9 quarters of the Corps located at a military installation or 

10 any permanent employees of such headquarters. 

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

12 authorizing the construction of certain public works on 

13 rivers and harbors for flood control, and for other pur14 poses,’’ approved June 22, 1936, (33 U.S.C. 701h), is 

15 amended by— 

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

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

18 (2) striking ‘‘flood control or environmental res19 toration work’’ and inserting ‘‘water resources devel20 opment study or project’’; and 

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

22 ‘States’ means the several States, the District of Co23 lumbia, the commonwealths, territories, and posses24 sions of the United States, and Federally recognized 

25 Indian tribes’’ before the period. 


emcdonald on DSK2BSOYB1PROD with BILLS
15 

HR 2354 RFS

1 (b) The Secretary shall notify the appropriate com2 mittees of Congress prior to initiation of negotiations for 

3 accepting contributed funds under 33 U.S.C. 701h. 

4 TITLE II—DEPARTMENT OF THE INTERIOR 

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central 

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

9 available until expended, of which $2,000,000 shall be de10 posited into the Utah Reclamation Mitigation and Con11 servation Account for use by the Utah Reclamation Miti12 gation and Conservation Commission. In addition, for nec13 essary expenses incurred in carrying out related respon14 sibilities of the Secretary of the Interior, $1,550,000. For 

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

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

17 BUREAU OF RECLAMATION

18 The following appropriations shall be expended to 

19 execute authorized functions of the Bureau of Reclama20 tion: 

21 WATER AND RELATED RESOURCES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For management, development, and restoration of 

24 water and related natural resources and for related activi25 ties, including the operation, maintenance, and rehabilitaVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
16 

HR 2354 RFS

1 tion of reclamation and other facilities, participation in 

2 fulfilling related Federal responsibilities to Native Ameri3 cans, and related grants to, and cooperative and other 

4 agreements with, State and local governments, federally 

5 recognized Indian tribes, and others, $822,300,000, to re6 main available until expended, of which $10,698,000 shall 

7 be available for transfer to the Upper Colorado River 

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

9 to the Lower Colorado River Basin Development Fund; 

10 of which such amounts as may be necessary may be ad11 vanced to the Colorado River Dam Fund; of which not 

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

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

14 authorized by 16 U.S.C. 1706: Provided, That such trans15 fers may be increased or decreased within the overall ap16 propriation under this heading: Provided further, That of 

17 the total appropriated, the amount for program activities 

18 that can be financed by the Reclamation Fund or the Bu19 reau of Reclamation special fee account established by 16 

20 U.S.C. 460l–6a(i) shall be derived from that Fund or ac21 count: Provided further, That funds contributed under 43 

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

23 for which contributed: Provided further, That funds ad24 vanced under 43 U.S.C. 397a shall be credited to this ac25 count and are available until expended for the same purVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
17 

HR 2354 RFS

1 poses as the sums appropriated under this heading: Pro2 vided further, That except as provided in section 201, the 

3 amounts made available under this paragraph shall be ex4 pended as authorized by law for the programs, projects, 

5 and activities specified in the text and table under this 

6 heading in the report of the Committee on Appropriations 

7 of the House of Representatives to accompany this Act. 

8 CENTRAL VALLEY PROJECT RESTORATION FUND

9 For carrying out the programs, projects, plans, habi10 tat restoration, improvement, and acquisition provisions of 

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

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

13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

15 102–575, to remain available until expended: Provided, 

16 That the Bureau of Reclamation is directed to assess and 

17 collect the full amount of the additional mitigation and 

18 restoration payments authorized by section 3407(d) of 

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

20 funds made available under this heading may be used for 

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

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

23 by a court adopted decree or order. 


emcdonald on DSK2BSOYB1PROD with BILLS
18 

HR 2354 RFS

1 CALIFORNIA BAY-DELTA RESTORATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For carrying out activities authorized by the Water 

4 Supply, Reliability, and Environmental Improvement Act, 

5 consistent with plans to be approved by the Secretary of 

6 the Interior, $35,928,000, to remain available until ex7 pended, of which such amounts as may be necessary to 

8 carry out such activities may be transferred to appropriate 

9 accounts of other participating Federal agencies to carry 

10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the 

12 costs of CALFED Program management: Provided fur13 ther, That the use of any funds provided to the California 

14 Bay-Delta Authority for program-wide management and 

15 oversight activities shall be subject to the approval of the 

16 Secretary of the Interior: Provided further, That CALFED 

17 implementation shall be carried out in a balanced manner 

18 with clear performance measures demonstrating concur19 rent progress in achieving the goals and objectives of the 

20 Program. 

21 POLICY AND ADMINISTRATION

22 For necessary expenses of policy, administration, and 

23 related functions in the Office of the Commissioner, the 

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

25 of Reclamation, to remain available until expended, 


emcdonald on DSK2BSOYB1PROD with BILLS
19 

HR 2354 RFS

1 $60,000,000, to be derived from the Reclamation Fund 

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

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

4 Act shall be available for activities or functions budgeted 

5 as policy and administration expenses. 

6 ADMINISTRATIVE PROVISION

7 Appropriations for the Bureau of Reclamation shall 

8 be available for purchase of not to exceed five passenger 

9 motor vehicles, which are for replacement only. 

10 GENERAL PROVISIONS, DEPARTMENT OF THE 

11 INTERIOR 

12 (INCLUDING RESCISSION OF FUNDS)

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

14 shall be available for obligation or expenditure through a 

15 reprogramming of funds that— 

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

17 or activity; 

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

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

20 activity for which funds have been denied or re21 stricted by this Act; 

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

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

24 Act; 


emcdonald on DSK2BSOYB1PROD with BILLS
20 

HR 2354 RFS

1 (5) transfers funds in excess of the following 

2 limits— 

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

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

5 available at the beginning of the fiscal year; or 

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

7 activity for which less than $2,000,000 is avail8 able at the beginning of the fiscal year; 

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

10 the Facilities Operation, Maintenance, and Rehabili11 tation category or the Resources Management and 

12 Development category to any program, project, or 

13 activity in the other category; or 

14 (7) transfers, when necessary to discharge legal 

15 obligations of the Bureau of Reclamation, more than 

16 $5,000,000 to provide adequate funds for settled 

17 contractor claims, increased contractor earnings due 

18 to accelerated rates of operations, and real estate de19 ficiency judgments. 

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

21 of funds within the Facilities Operation, Maintenance, and 

22 Rehabilitation category. 

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

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

25 project, or activity. 


emcdonald on DSK2BSOYB1PROD with BILLS
21 

HR 2354 RFS

1 (d) The Bureau of Reclamation shall submit reports 

2 on a quarterly basis to the Committees on Appropriations 

3 of the House of Representatives and the Senate detailing 

4 all the funds reprogrammed between programs, projects, 

5 activities, or categories of funding. The first quarterly re6 port shall be submitted not later than 60 days after the 

7 date of enactment of this Act. 

8 SEC. 202. (a) None of the funds appropriated or oth9 erwise made available by this Act may be used to deter10 mine the final point of discharge for the interceptor drain 

11 for the San Luis Unit until development by the Secretary 

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

13 shall conform to the water quality standards of the State 

14 of California as approved by the Administrator of the En15 vironmental Protection Agency, to minimize any detri16 mental effect of the San Luis drainage waters. 

17 (b) The costs of the Kesterson Reservoir Cleanup 

18 Program and the costs of the San Joaquin Valley Drain19 age Program shall be classified by the Secretary of the 

20 Interior as reimbursable or nonreimbursable and collected 

21 until fully repaid pursuant to the ‘‘Cleanup Program-Al22 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

23 Repayment Plan’’ described in the report entitled ‘‘Repay24 ment Report, Kesterson Reservoir Cleanup Program and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
22 

HR 2354 RFS

1 prepared by the Department of the Interior, Bureau of 

2 Reclamation. Any future obligations of funds by the 

3 United States relating to, or providing for, drainage serv4 ice or drainage studies for the San Luis Unit shall be fully 

5 reimbursable by San Luis Unit beneficiaries of such serv6 ice or studies pursuant to Federal reclamation law. 

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

8 River Restoration Fund in accordance with subparagraphs 

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

10 111–11, all unobligated balances remaining from prior fis11 cal years are hereby permanently rescinded. 

12 TITLE III—DEPARTMENT OF ENERGY 

13 ENERGY PROGRAMS 

14 ENERGY EFFICIENCY AND RENEWABLE ENERGY

15 For Department of Energy expenses including the 

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

18 efficiency and renewable energy activities in carrying out 

19 the purposes of the Department of Energy Organization 

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

21 condemnation of any real property or any facility or for 

22 plant or facility acquisition, construction, or expansion, 

23 $1,304,636,000 (reduced by $6,000,000) (reduced by 

24 $200,000), to remain available until expended: Provided, 

25 That for the purposes of allocating weatherization assistVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
23 

HR 2354 RFS

1 ance funds appropriated by this Act to States and tribes, 

2 the Secretary of Energy may waive the allocation formula 

3 established pursuant to section 414(a) of the Energy Con4 servation and Production Act (42 U.S.C. 6864(a)). 

5 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

6 For Department of Energy expenses including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for elec9 tricity delivery and energy reliability activities in carrying 

10 out the purposes of the Department of Energy Organiza11 tion Act (42 U.S.C. 7101 et seq.), including the acquisi12 tion or condemnation of any real property or any facility 

13 or for plant or facility acquisition, construction, or expan14 sion, $139,496,000, to remain available until expended. 

15 NUCLEAR ENERGY

16 For Department of Energy expenses including the 

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

19 energy activities in carrying out the purposes of the De20 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

22 real property or any facility or for plant or facility acquisi23 tion, construction, or expansion, and the purchase of not 

24 more than 10 buses, all for replacement only, 

25 $733,633,000, to remain available until expended. 


emcdonald on DSK2BSOYB1PROD with BILLS
24 

HR 2354 RFS

1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For necessary expenses in carrying out fossil energy 

3 research and development activities, under the authority 

4 of the Department of Energy Organization Act (Public 

5 Law 95–91), including the acquisition of interest, includ6 ing defeasible and equitable interests in any real property 

7 or any facility or for plant or facility acquisition or expan8 sion, and for conducting inquiries, technological investiga9 tions and research concerning the extraction, processing, 

10 use, and disposal of mineral substances without objection11 able social and environmental costs (30 U.S.C. 3, 1602, 

12 and 1603), $476,993,000 (reduced by $2,200,000) (in13 creased by $2,200,000), to remain available until ex14 pended: Provided, That for all programs funded under 

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

16 the Secretary may vest fee title or other property interests 

17 acquired under projects in any entity, including the United 

18 States. 

19 NAVAL PETROLEUM AND OIL SHALE RESERVES

20 For expenses necessary to carry out naval petroleum 

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

22 available until expended: Provided, That, notwithstanding 

23 any other provision of law, unobligated funds remaining 

24 from prior years shall be available for all naval petroleum 

25 and oil shale reserve activities. 


emcdonald on DSK2BSOYB1PROD with BILLS
25 

HR 2354 RFS

1 STRATEGIC PETROLEUM RESERVE

2 For necessary expenses for Strategic Petroleum Re3 serve facility development and operations and program 

4 management activities pursuant to the Energy Policy and 

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

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

7 SPR PETROLEUM ACCOUNT

8 Notwithstanding sections 161 and 167 of the Energy 

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

10 the Secretary of Energy shall sell $500,000,000 in petro11 leum products from the Reserve not later than March 1, 

12 2012, and shall deposit any proceeds from such sales in 

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

14 fiscal year 2012 and hereafter, the quantity of petroleum 

15 products sold from the Reserve under the authority of this 

16 Act may only be replaced using the authority provided in 

17 paragraph (a)(1) or (3) of section 160 of the Energy Pol18 icy and Conservation Act (42 U.S.C. 6240(a)(1) or (3)): 

19 Provided further, That unobligated balances in this ac20 count shall be available to cover the costs of any sale under 

21 this Act. 

22 NORTHEAST HOME HEATING OIL RESERVE

23 (INCLUDING RESCISSION OF FUNDS)

24 For necessary expenses for Northeast Home Heating 

25 Oil Reserve storage, operation, and management activities 


emcdonald on DSK2BSOYB1PROD with BILLS
26 

HR 2354 RFS

1 pursuant to the Energy Policy and Conservation Act, 

2 $10,119,000, to remain available until expended: Pro3 vided, That amounts net of the purchase of 1 million bar4 rels of petroleum distillates in fiscal year 2011; costs re5 lated to transportation, delivery, and storage; and sales 

6 of petroleum distillate from the Reserve under section 182 

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

8 6250a) are hereby permanently rescinded: Provided fur9 ther, That notwithstanding section 181 of the Energy Pol10 icy and Conservation Act (42 U.S.C. 6250), for fiscal year 

11 2012 and hereafter, the Reserve shall contain no more 

12 than 1 million barrels of petroleum distillate. 

13 ENERGY INFORMATION ADMINISTRATION

14 For necessary expenses in carrying out the activities 

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

16 to remain available until expended. 

17 NON-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 non-de21 fense environmental cleanup activities in carrying out the 

22 purposes of the Department of Energy Organization Act 

23 (42 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, 


emcdonald on DSK2BSOYB1PROD with BILLS
27 

HR 2354 RFS

1 $213,121,000 (increased by $41,000,000), to remain 

2 available until expended. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For necessary expenses in carrying out uranium en6 richment facility decontamination and decommissioning, 

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

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

9 the Energy Policy Act of 1992, $449,000,000, to be de10 rived from the Uranium Enrichment Decontamination and 

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

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

13 authorized under section 3112 of the USEC Privatization 

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

15 and Water Development Appropriations Act, 2006 (Public 

16 Law 109–103), to remain available until expended: Pro17 vided, That proceeds from such barter, transfer, or sale 

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

19 until appropriated. 

20 SCIENCE

21 For Department of Energy expenses including the 

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

24 activities in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), inVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
28 

HR 2354 RFS

1 cluding the acquisition or condemnation of any real prop2 erty or facility or for plant or facility acquisition, construc3 tion, or expansion, and purchase of not more than 49 pas4 senger motor vehicles for replacement only, including one 

5 ambulance and one bus, $4,800,000,000, to remain avail6 able until expended. 

7 NUCLEAR WASTE DISPOSAL

8 For nuclear waste disposal activities to carry out the 

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

10 Law 97–425), $25,000,000, to remain available until ex11 pended, and to be derived from the Nuclear Waste Fund. 

12 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

13 For necessary expenses in carrying out the activities 

14 authorized by section 5012 of the America COMPETES 

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

16 $79,640,000), to remain available until expended. 

17 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

18 PROGRAM

19 Subject to section 502 of the Congressional Budget 

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

21 energy or efficient end-use energy technologies under sec22 tion 1703 of the Energy Policy Act of 2005, 

23 $160,000,000, to remain available until expended: Pro24 vided, That the amounts provided in this section are in 

25 addition to those provided in any other Act: Provided furVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
29 

HR 2354 RFS

1 ther, That, notwithstanding section 1703(a)(2) of the En2 ergy Policy Act of 2005, funds appropriated for the cost 

3 of loan guarantees are also available for projects for which 

4 an application has been submitted to the Department of 

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

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

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

8 necessary administrative expenses to carry out this Loan 

9 Guarantee program, $38,000,000 is appropriated, to re10 main available until expended: Provided further, That 

11 $38,000,000 of the fees collected pursuant to section 

12 1702(h) of the Energy Policy Act of 2005 shall be credited 

13 as offsetting collections to this account to cover adminis14 trative expenses and shall remain available until expended, 

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

16 from the general fund estimated at not more than $0: Pro17 vided further, That fees collected under section 1702(h) 

18 in excess of the amount appropriated for administrative 

19 expenses shall not be available until appropriated: Pro20 vided further, That for amounts collected pursuant to sec21 tion 1702(b)(2) of the Energy Policy Act of 2005, the 

22 source of such payment received from borrowers is not a 

23 loan or other debt obligation that is guaranteed by the 

24 Federal Government: Provided further, That none of the 

25 loan guarantee authority made available in this paragraph 


emcdonald on DSK2BSOYB1PROD with BILLS
30 

HR 2354 RFS

1 shall be available for commitments to guarantee loans for 

2 any projects where funds, personnel, or property (tangible 

3 or intangible) of any Federal agency, instrumentality, per4 sonnel or affiliated entity are expected to be used (directly 

5 or indirectly) through acquisitions, contracts, demonstra6 tions, exchanges, grants, incentives, leases, procurements, 

7 sales, other transaction authority, or other arrangements, 

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

9 the project: Provided further, That the previous proviso 

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

11 guarantee authority in this paragraph for commitments 

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

13 benefitting from: (1) otherwise allowable Federal income 

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

15 to a lease or right-of-way agreement for which all consider16 ation for all uses is: (A) paid exclusively in cash; (B) de17 posited in the Treasury as offsetting receipts; and (C) 

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

19 of the relevant Federal agency; (3) Federal insurance pro20 grams, including under section 170 of the Atomic Energy 

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

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

23 projects, use of transmission facilities owned or operated 

24 by a Federal Power Marketing Administration or the Ten25 nessee Valley Authority that have been authorized, apVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
31 

HR 2354 RFS

1 proved, and financed independent of the project receiving 

2 the guarantee: Provided further, That none of the loan 

3 guarantee authority made available in this paragraph shall 

4 be available for any project unless the Director of the Of5 fice of Management and Budget has certified in advance 

6 in writing that the loan guarantee and the project comply 

7 with the provisions under this paragraph. 

8 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

9 LOAN PROGRAM

10 For administrative expenses in carrying out the Ad11 vanced Technology Vehicles Manufacturing Loan Pro12 gram, $6,000,000, to remain available until expended. 

13 DEPARTMENTAL ADMINISTRATION

14 For salaries and expenses of the Department of En15 ergy necessary for departmental administration in car16 rying out the purposes of the Department of Energy Orga17 nization Act (42 U.S.C. 7101 et seq.), including the hire 

18 of passenger motor vehicles and official reception and rep19 resentation expenses not to exceed $30,000, $221,514,000 

20 (reduced by $2,500,000) (reduced by $35,000,000) (re21 duced by $21,000,000) (reduced by $79,640,000) (re22 duced by $10,000,000), to remain available until ex23 pended, plus such additional amounts as necessary to 

24 cover increases in the estimated amount of cost of work 

25 for others notwithstanding the provisions of the Anti-DefiVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
32 

HR 2354 RFS

1 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

2 increases in cost of work are offset by revenue increases 

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

4 expended: Provided further, That moneys received by the 

5 Department for miscellaneous revenues estimated to total 

6 $111,883,000 in fiscal year 2012 may be retained and 

7 used for operating expenses within this account, and may 

8 remain available until expended, as authorized by section 

9 201 of Public Law 95–238, notwithstanding the provisions 

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

11 appropriated shall be reduced by the amount of miscella12 neous revenues received during 2012, and any related ap13 propriated receipt account balances remaining from prior 

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

15 fiscal year 2012 appropriation from the general fund esti16 mated at not more than $109,631,000. 

17 OFFICE OF THE INSPECTOR GENERAL

18 For necessary expenses of the Office of the Inspector 

19 General in carrying out the provisions of the Inspector 

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

21 available until expended. 


emcdonald on DSK2BSOYB1PROD with BILLS
33 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
34 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
35 

HR 2354 RFS

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 expanVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
36 

HR 2354 RFS

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, 


emcdonald on DSK2BSOYB1PROD with BILLS
37 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
38 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
39 

HR 2354 RFS

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 exVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
40 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
41 

HR 2354 RFS

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 faciliVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
42 

HR 2354 RFS

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 $3,000, 

18 $304,600,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 not to exceed $304,600,000 of revenues from fees and an21 nual 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 


emcdonald on DSK2BSOYB1PROD with BILLS
43 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
44 

HR 2354 RFS

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; 


emcdonald on DSK2BSOYB1PROD with BILLS
45 

HR 2354 RFS

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; 


emcdonald on DSK2BSOYB1PROD with BILLS
46 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
47 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
48 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
49 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
50 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
51 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
52 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
53 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
54 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
55 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
56 

HR 2354 RFS

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— 


emcdonald on DSK2BSOYB1PROD with BILLS
57 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
58 

HR 2354 RFS

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
59 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
60 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
61 

HR 2354 RFS

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). 


emcdonald on DSK2BSOYB1PROD with BILLS
62 

HR 2354 RFS

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 reVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
63 

HR 2354 RFS

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 


emcdonald on DSK2BSOYB1PROD with BILLS
64 

HR 2354 RFS

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 contribuVerDate Mar 15 2010 22:57 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RFS H2354

emcdonald on DSK2BSOYB1PROD with BILLS
65 

HR 2354 RFS

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). 


emcdonald on DSK2BSOYB1PROD with BILLS
66 

HR 2354 RFS

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

2 Development and Related Agencies Appropriations Act, 

3 2012’’. 

Passed the House of Representatives July 15, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK2BSOYB1PROD with BILLS