IB 

Union Calendar No. 97 

112TH CONGRESS 

1ST SESSION H. R. 2584 

[Report No. 112–151] 

Making appropriations for the Department of the Interior, environment, and 

related agencies for the fiscal year ending September 30, 2012, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2011 

Mr. SIMPSON, from the Committee on Appropriations, reported the following 

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

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2012, and for other purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

6 agencies for the fiscal year ending September 30, 2012, 

7 and for other purposes, namely: 

8 TITLE I—DEPARTMENT OF THE INTERIOR 

9 BUREAU OF LAND MANAGEMENT

10 MANAGEMENT OF LANDS AND RESOURCES

11 For necessary expenses for protection, use, improve12 ment, development, disposal, cadastral surveying, classi13 fication, acquisition of easements and other interests in 

14 lands, and performance of other functions, including main15 tenance of facilities, as authorized by law, in the manage16 ment of lands and their resources under the jurisdiction 

17 of the Bureau of Land Management, including the general 

18 administration of the Bureau and the assessment of min19 eral potential of public lands pursuant to Public Law 96– 

20 487 (16 U.S.C. 3150(a)), $918,227,000, to remain avail21 able until expended; of which $3,000,000 shall be available 

22 in fiscal year 2012 subject to a match by at least an equal 

23 amount by the National Fish and Wildlife Foundation for 

24 cost-shared projects supporting conservation of Bureau 

25 lands; and such funds shall be advanced to the Foundation 


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1 as a lump sum grant without regard to when expenses are 

2 incurred. 

3 In addition, $32,500,000 is for the processing of ap4 plications for permit to drill and related use authoriza5 tions, to remain available until expended, to be reduced 

6 by amounts collected by the Bureau and credited to this 

7 appropriation that shall be derived from $6,500 per new 

8 application for permit to drill that the Bureau shall collect 

9 upon submission of each new application, and in addition, 

10 $39,696,000 is for Mining Law Administration program 

11 operations, including the cost of administering the mining 

12 claim fee program; to remain available until expended, to 

13 be reduced by amounts collected by the Bureau and cred14 ited to this appropriation from mining claim maintenance 

15 fees and location fees that are hereby authorized for fiscal 

16 year 2012 so as to result in a final appropriation esti17 mated at not more than $918,227,000, and $2,000,000, 

18 to remain available until expended, from communication 

19 site rental fees established by the Bureau for the cost of 

20 administering communication site activities. 

21 CONSTRUCTION

22 For construction of buildings, recreation facilities, 

23 roads, trails, and appurtenant facilities, $3,576,000, to re24 main available until expended. 


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1 LAND ACQUISITION

2 For expenses necessary to carry out sections 205, 

3 206, and 318(d) of Public Law 94–579(43 U.S.C. 1715, 

4 1716, and 1748(d), respectively), including administrative 

5 expenses and acquisition of lands or waters, or interests 

6 therein, $4,880,000, to be derived from the Land and 

7 Water Conservation Fund and to remain available until 

8 expended. 

9 OREGON AND CALIFORNIA GRANT LANDS

10 For expenses necessary for management, protection, 

11 and development of resources and for construction, oper12 ation, and maintenance of access roads, reforestation, and 

13 other improvements on the revested Oregon and California 

14 Railroad grant lands, on other Federal lands in the Or15 egon and California land-grant counties of Oregon, and 

16 on adjacent rights-of-way; and acquisition of lands or in17 terests therein, including existing connecting roads on or 

18 adjacent to such grant lands; $112,043,000, to remain 

19 available until expended: Provided, That 25 percent of the 

20 aggregate of all receipts during the current fiscal year 

21 from the revested Oregon and California Railroad grant 

22 lands is hereby made a charge against the Oregon and 

23 California land-grant fund and shall be transferred to the 

24 General Fund in the Treasury in accordance with the secVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 ond paragraph of subsection (b) of title II of the Act of 

2 August 28, 1937 (50 Stat. 876). 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of 

5 lands and interests therein, and improvement of Federal 

6 rangelands pursuant to section 401 of the Federal Land 

7 Policy and Management Act of 1976 (43 U.S.C. 1751), 

8 notwithstanding any other Act, sums equal to 50 percent 

9 of all moneys received during the prior fiscal year under 

10 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

11 315 et seq.) and the amount designated for range improve12 ments from grazing fees and mineral leasing receipts from 

13 Bankhead-Jones lands transferred to the Department of 

14 the Interior pursuant to law, but not less than 

15 $10,000,000, to remain available until expended: Pro16 vided, That not to exceed $600,000 shall be available for 

17 administrative expenses. 

18 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

19 For administrative expenses and other costs related 

20 to processing application documents and other authoriza21 tions for use and disposal of public lands and resources, 

22 for costs of providing copies of official public land docu23 ments, for monitoring construction, operation, and termi24 nation of facilities in conjunction with use authorizations, 

25 and for rehabilitation of damaged property, such amounts 


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1 as may be collected under Public Law 94–579, as amend2 ed, and Public Law 93–153, to remain available until ex3 pended: Provided, That, notwithstanding any provision to 

4 the contrary of section 305(a) of Public Law 94–579 (43 

5 U.S.C. 1735(a)), any moneys that have been or will be 

6 received pursuant to that subsection, whether as a result 

7 of forfeiture, compromise, or settlement, if not appropriate 

8 for refund pursuant to section 305(c) of that Act (43 

9 U.S.C. 1735(c)), shall be available and may be expended 

10 under the authority of this Act by the Secretary to im11 prove, protect, or rehabilitate any public lands adminis12 tered through the Bureau of Land Management which 

13 have been damaged by the action of a resource developer, 

14 purchaser, permittee, or any unauthorized person, without 

15 regard to whether all moneys collected from each such ac16 tion are used on the exact lands damaged which led to 

17 the action: Provided further, That any such moneys that 

18 are in excess of amounts needed to repair damage to the 

19 exact land for which funds were collected may be used to 

20 repair other damaged public lands. 

21 MISCELLANEOUS TRUST FUNDS

22 In addition to amounts authorized to be expended 

23 under existing laws, there is hereby appropriated such 

24 amounts as may be contributed under section 307 of the 

25 Act of October 21, 1976 (43 U.S.C. 1737), and such 


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1 amounts as may be advanced for administrative costs, sur2 veys, appraisals, and costs of making conveyances of omit3 ted lands under section 211(b) of that Act, to remain 

4 available until expended. 

5 ADMINISTRATIVE PROVISIONS

6 The Bureau of Land Management may carry out the 

7 operations funded under this Act by direct expenditure, 

8 contracts, grants, cooperative agreements and reimburs9 able agreements with public and private entities, including 

10 with States. Appropriations for the Bureau shall be avail11 able for purchase, erection, and dismantlement of tem12 porary structures, and alteration and maintenance of nec13 essary buildings and appurtenant facilities to which the 

14 United States has title; up to $100,000 for payments, at 

15 the discretion of the Secretary, for information or evidence 

16 concerning violations of laws administered by the Bureau; 

17 miscellaneous and emergency expenses of enforcement ac18 tivities authorized or approved by the Secretary and to be 

19 accounted for solely on the Secretary’s certificate, not to 

20 exceed $10,000: Provided, That notwithstanding Public 

21 Law 90–620 (44 U.S.C. 501), the Bureau may, under co22 operative cost-sharing and partnership arrangements au23 thorized by law, procure printing services from cooperators 

24 in connection with jointly produced publications for which 

25 the cooperators share the cost of printing either in cash 


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1 or in services, and the Bureau determines the cooperator 

2 is capable of meeting accepted quality standards: Provided 

3 further, That projects to be funded pursuant to a written 

4 commitment by a State government to provide an identi5 fied amount of money in support of the project may be 

6 carried out by the Bureau on a reimbursable basis. Appro7 priations herein made shall not be available for the de8 struction of healthy, unadopted, wild horses and burros 

9 in the care of the Bureau or its contractors or for the 

10 sale of wild horses and burros that results in their destruc11 tion for processing into commercial products. 

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 RESOURCE MANAGEMENT

14 For necessary expenses of the United States Fish and 

15 Wildlife Service, as authorized by law, and for scientific 

16 and economic studies, general administration, and the per17 formance of other authorized functions related to such re18 sources, $1,099,055,000, to remain available until Sep19 tember 30, 2013 except as otherwise provided herein: Pro20 vided, That none of the funds shall be used for imple21 menting subsections (a), (b), (c), and (e) of section 4 of 

22 the Endangered Species Act, (except for processing peti23 tions, developing and issuing proposed and final regula24 tions, and taking any other steps to implement actions de25 scribed in subsection (c)(2)(A), (c)(2)(B)(i), or 


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1 (c)(2)(B)(ii) of such section): Provided further, That of the 

2 amount available for law enforcement, up to $400,000, to 

3 remain available until expended, may at the discretion of 

4 the Secretary of the Interior be used for payment for in5 formation, rewards, or evidence concerning violations of 

6 laws administered by the Service, and miscellaneous and 

7 emergency expenses of enforcement activity, authorized or 

8 approved by the Secretary and to be accounted for solely 

9 on the Secretary’s certificate: Provided further, That of the 

10 amount provided for environmental contaminants, up to 

11 $1,000,000 may remain available until expended for con12 taminant sample analyses. 

13 CONSTRUCTION

14 For construction, improvement, acquisition, or re15 moval of buildings and other facilities required in the con16 servation, management, investigation, protection, and uti17 lization of fish and wildlife resources, and the acquisition 

18 of lands and interests therein, $11,804,000, to remain 

19 available until expended. 

20 LAND ACQUISITION

21 For expenses necessary to carry out the Land and 

22 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

23 4 et seq.), including administrative expenses, and for ac24 quisition of land or waters, or interest therein, in accord25 ance with statutory authority applicable to the United 


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1 States Fish and Wildlife Service, $15,047,000, to be de2 rived from the Land and Water Conservation Fund and 

3 to remain available until expended, of which, notwith4 standing 16 U.S.C. 460l–9, not more than $4,000,000 

5 shall be for land conservation partnerships authorized by 

6 the Highlands Conservation Act of 2004, including not to 

7 exceed $120,000 for administrative expenses. 

8 COOPERATIVE ENDANGERED SPECIES CONSERVATION

9 FUND

10 For expenses necessary to carry out section 6 of the 

11 Endangered Species Act of 1973 (16 U.S.C. 1534 et seq.), 

12 $2,854,000, to remain available until expended, to be de13 rived from the Cooperative Endangered Species Conserva14 tion Fund. 

15 NATIONAL WILDLIFE REFUGE FUND

16 For expenses necessary to implement the Act of Octo17 ber 17, 1978 (16 U.S.C. 715s), $13,980,000. 

18 NORTH AMERICAN WETLANDS CONSERVATION FUND

19 For expenses necessary to carry out the provisions 

20 of the North American Wetlands Conservation Act (16 

21 U.S.C. 4401 et seq.), $20,000,000, to remain available 

22 until expended. 

23 MULTINATIONAL SPECIES CONSERVATION FUND

24 For expenses necessary to carry out the African Ele25 phant Conservation Act (16 U.S.C. 4201 et seq.), the 


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1 Asian Elephant Conservation Act of 1997 (16 U.S.C. 

2 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

3 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con4 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

5 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

6 et seq.), $7,875,000, to remain available until expended. 

7 STATE AND TRIBAL WILDLIFE GRANTS

8 For wildlife conservation grants to States and to the 

9 District of Columbia, Puerto Rico, Guam, the United 

10 States Virgin Islands, the Northern Mariana Islands, 

11 American Samoa, and federally recognized Indian tribes 

12 under the provisions of the Fish and Wildlife Act of 1956 

13 (16 U.S.C. 742a et seq.) and the Fish and Wildlife Coordi14 nation Act (16 U.S.C. 661 et seq.), for the development 

15 and implementation of programs for the benefit of wildlife 

16 and their habitat, including species that are not hunted 

17 or fished, $22,000,000, to remain available until ex18 pended: Provided, That of the amount provided herein, 

19 $2,000,000 is for a competitive grant program for feder20 ally recognized Indian tribes not subject to the remaining 

21 provisions of this appropriation: Provided further, That 

22 the Secretary shall, after deducting $2,000,000 and ad23 ministrative expenses, apportion the amount provided 

24 herein in the following manner: (1) to the District of Co25 lumbia and to the Commonwealth of Puerto Rico, each 


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1 a sum equal to not more than one-half of 1 percent there2 of; and (2) to Guam, American Samoa, the United States 

3 Virgin Islands, and the Commonwealth of the Northern 

4 Mariana Islands, each a sum equal to not more than one5 fourth of 1 percent thereof: Provided further, That the 

6 Secretary shall apportion the remaining amount in the fol7 lowing manner: (1) one-third of which is based on the ratio 

8 to which the land area of such State bears to the total 

9 land area of all such States; and (2) two-thirds of which 

10 is based on the ratio to which the population of such State 

11 bears to the total population of all such States: Provided 

12 further, That the amounts apportioned under this heading 

13 shall be adjusted equitably so that no State shall be appor14 tioned a sum which is less than 1 percent of the amount 

15 available for apportionment under this heading for any fis16 cal year or more than 5 percent of such amount: Provided 

17 further, That the Federal share of grants shall not exceed 

18 50 percent of the total costs of such projects: Provided 

19 further, That the non-Federal share of such projects may 

20 not be derived from Federal grant programs. 

21 ADMINISTRATIVE PROVISIONS

22 The United States Fish and Wildlife Service may 

23 carry out the operations of Service programs by direct ex24 penditure, contracts, grants, cooperative agreements and 

25 reimbursable agreements with public and private entities. 


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1 Appropriations and funds available to the United States 

2 Fish and Wildlife Service shall be available for repair of 

3 damage to public roads within and adjacent to reservation 

4 areas caused by operations of the Service; options for the 

5 purchase of land at not to exceed $1 for each option; facili6 ties incident to such public recreational uses on conserva7 tion areas as are consistent with their primary purpose; 

8 and the maintenance and improvement of aquaria, build9 ings, and other facilities under the jurisdiction of the Serv10 ice and to which the United States has title, and which 

11 are used pursuant to law in connection with management, 

12 and investigation of fish and wildlife resources: Provided, 

13 That notwithstanding 44 U.S.C. 501, the Service may, 

14 under cooperative cost sharing and partnership arrange15 ments authorized by law, procure printing services from 

16 cooperators in connection with jointly produced publica17 tions for which the cooperators share at least one-half the 

18 cost of printing either in cash or services and the Service 

19 determines the cooperator is capable of meeting accepted 

20 quality standards: Provided further, That the Service may 

21 accept donated aircraft as replacements for existing air22 craft. 


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1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, oper4 ation, and maintenance of areas and facilities adminis5 tered by the National Park Service and for the general 

6 administration of the National Park Service, 

7 $2,240,152,000, of which $9,832,000 for planning and 

8 interagency coordination in support of Everglades restora9 tion and $97,883,000 for maintenance, repair, or rehabili10 tation projects for constructed assets, operation of the Na11 tional Park Service automated facility management soft12 ware system, and comprehensive facility condition assess13 ments shall remain available until September 30, 2013. 

14 NATIONAL RECREATION AND PRESERVATION

15 For expenses necessary to carry out recreation pro16 grams, natural programs, cultural programs, heritage 

17 partnership programs, environmental compliance and re18 view, international park affairs, and grant administration, 

19 not otherwise provided for, $49,363,000. 

20 HISTORIC PRESERVATION FUND

21 For expenses necessary in carrying out the National 

22 Historic Preservation Act (16 U.S.C. 470), and the Omni23 bus Parks and Public Lands Management Act of 1996 

24 (Public Law 104–333), $49,500,000, to be derived from 


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1 the Historic Preservation Fund and to remain available 

2 until September 30, 2013. 

3 CONSTRUCTION

4 For construction, improvements, repair, or replace5 ment of physical facilities, including modifications author6 ized by section 104 of the Everglades National Park Pro7 tection and Expansion Act of 1989 (16 U.S.C. 410r-8), 

8 $152,121,000, to remain available until expended. 

9 LAND AND WATER CONSERVATION FUND

10 (RESCISSION)

11 The contract authority provided for fiscal year 2012 

12 by 16 U.S.C. 460l–10a is hereby rescinded. 

13 LAND ACQUISITION AND STATE ASSISTANCE

14 For expenses necessary to carry out the Land and 

15 Water Conservation Act of 1965, as amended (16 U.S.C. 

16 460l–4 through 11), including administrative expenses, 

17 and for acquisition of lands or waters, or interest therein, 

18 in accordance with the statutory authority applicable to 

19 the National Park Service, $18,294,000, to be derived 

20 from the Land and Water Conservation Fund and to re21 main available until expended, of which $2,794,000 is for 

22 the State assistance program and of which $2,000,000 

23 shall be for the American Battlefield Protection Program 

24 grants as authorized by section 7301 of the Omnibus Pub25 lic Land Management Act of 2009 (Public Law 111–11). 


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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 In addition to other uses set forth in section 407(d) 

4 of Public Law 105–391, franchise fees credited to a sub5 account shall be available for expenditure by the Sec6 retary, without further appropriation, for use at any unit 

7 within the National Park System to extinguish or reduce 

8 liability for Possessory Interest or leasehold surrender in9 terest. Such funds may only be used for this purpose to 

10 the extent that the benefiting unit anticipated franchise 

11 fee receipts over the term of the contract at that unit ex12 ceed the amount of funds used to extinguish or reduce 

13 liability. Franchise fees at the benefiting unit shall be 

14 credited to the sub-account of the originating unit over 

15 a period not to exceed the term of a single contract at 

16 the benefiting unit, in the amount of funds so expended 

17 to extinguish or reduce liability. 

18 National Park Service funds may be transferred to 

19 the Federal Highway Administration (FHWA), Depart20 ment of Transportation, for purposes authorized under 

21 section 204 of title 23, United States Code. Transfers may 

22 include a reasonable amount for FHWA administrative 

23 support costs. 


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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, biology, 

6 and the mineral and water resources of the United States, 

7 its territories and possessions, and other areas as author8 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

9 to their mineral and water resources; give engineering su10 pervision to power permittees and Federal Energy Regu11 latory Commission licensees; administer the minerals ex12 ploration program (30 U.S.C. 641); conduct inquiries into 

13 the economic conditions affecting mining and materials 

14 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

15 U.S.C. 98g(1)) and related purposes as authorized by law; 

16 and to publish and disseminate data relative to the fore17 going activities; $1,053,552,000, to remain available until 

18 September 30, 2013, of which $65,561,000 shall be avail19 able only for cooperation with States or municipalities for 

20 water resources investigations: Provided, That none of the 

21 funds provided for the ecosystem research activity shall 

22 be used to conduct new surveys on private property, unless 

23 specifically authorized in writing by the property owner: 

24 Provided further, That no part of this appropriation shall 

25 be used to pay more than one-half the cost of topographic 


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1 mapping or water resources data collection and investiga2 tions carried on in cooperation with States and municipali3 ties. 

4 ADMINISTRATIVE PROVISIONS

5 From within the amount appropriated for activities 

6 of the United States Geological Survey (USGS) such sums 

7 as are necessary shall be available for reimbursement to 

8 the General Services Administration for security guard 

9 services; contracting for the furnishing of topographic 

10 maps and for the making of geophysical or other special11 ized surveys when it is administratively determined that 

12 such procedures are in the public interest; construction 

13 and maintenance of necessary buildings and appurtenant 

14 facilities; acquisition of lands for gauging stations and ob15 servation wells; expenses of the United States National 

16 Committee on Geology; and payment of compensation and 

17 expenses of persons on the rolls of the USGS duly ap18 pointed to represent the United States in the negotiation 

19 and administration of interstate compacts: Provided, That 

20 activities funded by appropriations herein made may be 

21 accomplished through the use of contracts, grants, or co22 operative agreements as defined in section 6302 of title 

23 31, United States Code: Provided further, That the United 

24 States Geological Survey may enter into contracts or coop25 erative agreements directly with individuals or indirectly 


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1 with institutions or nonprofit organizations, without re2 gard to 41 U.S.C. 5, for the temporary or intermittent 

3 services of students or recent graduates, who shall be con4 sidered employees for the purpose of chapters 57 and 81 

5 of title 5, United States Code, relating to compensation 

6 for travel and work injuries, and chapter 171 of title 28, 

7 United States Code, relating to tort claims, but shall not 

8 be considered to be Federal employees for any other pur9 poses. 

10 BUREAU OF OCEAN ENERGY MANAGEMENT, 

11 REGULATION AND ENFORCEMENT

12 OCEAN ENERGY MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies and regulation of industry operations, 

15 as authorized by law; for enforcing laws and regulations 

16 applicable to oil, gas, and other minerals leases, permits, 

17 licenses and operating contracts; for energy-related or 

18 other authorized marine-related purposes on the Outer 

19 Continental Shelf; and for matching grants or cooperative 

20 agreements, $138,605,000, to remain available until Sep21 tember 30, 2013; and an amount not to exceed 

22 $160,163,000, to be credited to this appropriation and to 

23 remain available until expended, from additions to receipts 

24 resulting from increases to rates in effect on August 5, 

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1 withstanding 31 U.S.C. 3302, in fiscal year 2012, such 

2 amounts as are assessed under 31 U.S.C. 9701 shall be 

3 collected and credited to this account and shall be avail4 able until expended for necessary expenses: Provided fur5 ther, That to the extent $160,163,000 in addition to re6 ceipts are not realized from the sources of receipts stated 

7 above, the amount needed to reach $160,163,000 shall be 

8 credited to this appropriation from receipts resulting from 

9 rental rates for Outer Continental Shelf leases in effect 

10 before August 5, 1993: Provided further, That for fiscal 

11 year 2012 and each fiscal year thereafter, the term ‘‘quali12 fied Outer Continental Shelf revenues’’, as defined in sec13 tion 102(9)(A) of the Gulf of Mexico Energy Security Act 

14 of 2006 (title I of division C of Public Law 109–432; 43 

15 U.S.C. note), shall include only the portion of rental reve16 nues that would have been collected at the rental rates 

17 in effect before August 5, 1993: Provided further, That 

18 not to exceed $3,000 shall be available for reasonable ex19 penses related to promoting volunteer beach and marine 

20 cleanup activities. 

21 For an additional amount, $10,000,000, to remain 

22 available until expended: Provided, That section 115 of the 

23 Department of the Interior, Environment, and Related 

24 Agencies Appropriations Act, 2010 (division A of Public 

25 Law 111–88; 123 Stat. 2928) shall apply for fiscal year 


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1 2012, and in such application ‘‘2012’’ shall be substituted 

2 for ‘‘2010’’: Provided further, That such amount shall be 

3 derived from receipts resulting from such application: Pro4 vided further, That to the extent that such amount is not 

5 received by the United States as a result of such applica6 tion, the amount needed to reach $10,000,000 shall be 

7 credited to this appropriation from receipts resulting from 

8 rental rates for Outer Continental Shelf leases in effect 

9 before August 5, 1993. 

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

12 1016, title IV, sections 4202 and 4303, title VII, and title 

13 VIII, section 8201 of the Oil Pollution Act of 1990, 

14 $14,923,000, which shall be derived from the Oil Spill Li15 ability Trust Fund, to remain available until expended. 

16 OFFICE OF SURFACE MINING RECLAMATION AND

17 ENFORCEMENT

18 REGULATION AND TECHNOLOGY

19 For necessary expenses to carry out the provisions 

20 of the Surface Mining Control and Reclamation Act of 

21 1977, Public Law 95–87, as amended, $123,050,000, to 

22 remain available until September 30, 2013: Provided, 

23 That appropriations for the Office of Surface Mining Rec24 lamation and Enforcement may provide for the travel and 

25 per diem expenses of State and tribal personnel attending 


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1 Office of Surface Mining Reclamation and Enforcement 

2 sponsored training: Provided further, That, in fiscal year 

3 2012, up to $40,000 collected by the Office of Surface 

4 Mining from permit fees pursuant to section 507 of Public 

5 Law 95–87 (30 U.S.C. 1257) shall be credited to this ac6 count as discretionary offsetting collections, to remain 

7 available until expended: Provided further, That the sum 

8 herein appropriated shall be reduced as collections are re9 ceived during the fiscal year so as to result in a final fiscal 

10 year 2012 appropriation estimated at not more than 

11 $123,010,000: Provided further, That, in subsequent fiscal 

12 years, all amounts collected by the Office of Surface Min13 ing from permit fees pursuant to section 507 of Public 

14 Law 95–87 (30 U.S.C. 1257) shall be credited to this ac15 count as discretionary offsetting collections, to remain 

16 available until expended. 

17 ABANDONED MINE RECLAMATION FUND

18 For necessary expenses to carry out title IV of the 

19 Surface Mining Control and Reclamation Act of 1977, 

20 Public Law 95–87, as amended, $27,443,000, to be de21 rived from receipts of the Abandoned Mine Reclamation 

22 Fund and to remain available until expended: Provided, 

23 That pursuant to Public Law 97–365, the Department of 

24 the Interior is authorized to use up to 20 percent from 

25 the recovery of the delinquent debt owed to the United 


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1 States Government to pay for contracts to collect these 

2 debts: Provided further, That amounts provided under this 

3 heading may be used for the travel and per diem expenses 

4 of State and tribal personnel attending Office of Surface 

5 Mining Reclamation and Enforcement sponsored training. 

6 ADMINISTRATIVE PROVISION

7 With funds available for the Technical Innovation 

8 and Professional Services program in this Act, the Sec9 retary may transfer title for computer hardware, software 

10 and other technical equipment to State and tribal regu11 latory and reclamation programs. 

12 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

13 EDUCATION

14 OPERATION OF INDIAN PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses necessary for the operation of Indian 

17 programs, as authorized by law, including the Snyder Act 

18 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De19 termination and Education Assistance Act of 1975 (25 

20 U.S.C. 450 et seq.), as amended, the Education Amend21 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

22 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

23 as amended, $2,333,690,000, to remain available until 

24 September 30, 2013, except as otherwise provided herein; 

25 of which not to exceed $8,500 may be for official reception 


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1 and representation expenses; and of which not to exceed 

2 $74,911,000 shall be for welfare assistance payments, ex3 cept that, in cases of designated Federal disasters, the 

4 Secretary may exceed such cap, from the amounts pro5 vided herein, to provide for disaster relief to Indian com6 munities affected by the disaster; and of which, notwith7 standing any other provision of law, including but not lim8 ited to the Indian Self-Determination Act of 1975, as 

9 amended, not to exceed $228,000,000 shall be available 

10 for payments for contract support costs associated with 

11 ongoing contracts, grants, compacts, or annual funding 

12 agreements entered into with the Bureau of Indian Affairs 

13 prior to or during fiscal year 2012, as authorized by such 

14 Act, except that tribes and tribal organizations may use 

15 their tribal priority allocations for unmet contract support 

16 costs of ongoing contracts, grants, or compacts, or annual 

17 funding agreements and for unmet welfare assistance 

18 costs; and of which not to exceed $584,369,000 for school 

19 operations costs of Bureau-funded schools and other edu20 cation programs shall become available on July 1, 2012, 

21 and shall remain available until September 30, 2013; and 

22 of which not to exceed $48,049,000 shall remain available 

23 until expended for housing improvement, road mainte24 nance, attorney fees, litigation support, the Indian Self25 Determination Fund, land records improvement, and the 


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1 Navajo-Hopi Settlement Program: Provided, That not2 withstanding any other provision of law, including but not 

3 limited to the Indian Self-Determination Act of 1975, as 

4 amended, and 25 U.S.C. 2008, not to exceed $46,373,000 

5 within and only from such amounts made available for 

6 school operations shall be available for administrative cost 

7 grants associated with ongoing grants entered into with 

8 the Bureau prior to or during fiscal year 2011 for the 

9 operation of Bureau-funded schools, and up to $500,000 

10 within and only from such amounts made available for ad11 ministrative cost grants shall be available for the transi12 tional costs of initial administrative cost grants to grant13 ees that assume operation on or after July 1, 2011, of 

14 Bureau-funded schools: Provided further, That any for15 estry funds allocated to a tribe which remain unobligated 

16 as of September 30, 2013, may be transferred during fis17 cal year 2014 to an Indian forest land assistance account 

18 established for the benefit of the holder of the funds within 

19 the holder’s trust fund account: Provided further, That 

20 any such unobligated balances not so transferred shall ex21 pire on September 30, 2014: Provided further, That in 

22 order to enhance the safety of Bureau field employees, the 

23 Bureau may use funds to purchase uniforms or other iden24 tifying articles of clothing for personnel. 


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1 CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, repair, improvement, and mainte4 nance of irrigation and power systems, buildings, utilities, 

5 and other facilities, including architectural and engineer6 ing services by contract; acquisition of lands, and interests 

7 in lands; and preparation of lands for farming, and for 

8 construction of the Navajo Indian Irrigation Project pur9 suant to Public Law 87–483, $154,992,000, to remain 

10 available until expended: Provided, That such amounts as 

11 may be available for the construction of the Navajo Indian 

12 Irrigation Project may be transferred to the Bureau of 

13 Reclamation: Provided further, That not to exceed 6 per14 cent of contract authority available to the Bureau of In15 dian Affairs from the Federal Highway Trust Fund may 

16 be used to cover the road program management costs of 

17 the Bureau: Provided further, That any funds provided for 

18 the Safety of Dams program pursuant to 25 U.S.C. 13 

19 shall be made available on a nonreimbursable basis: Pro20 vided further, That in implementing new construction or 

21 facilities improvement and repair project grants in excess 

22 of $100,000 that are provided to grant schools under Pub23 lic Law 100–297, as amended, the Secretary of the Inte24 rior shall use the Administrative and Audit Requirements 

25 and Cost Principles for Assistance Programs contained in 


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1 part 12 of title 43, Code of Federal Regulations as the 

2 regulatory requirements: Provided further, That such 

3 grants shall not be subject to section 12.61 of such title; 

4 the Secretary and the grantee shall negotiate and deter5 mine a schedule of payments for the work to be performed: 

6 Provided further, That in considering grant applications, 

7 the Secretary shall consider whether such grantee would 

8 be deficient in assuring that the construction projects con9 form to applicable building standards and codes and Fed10 eral, tribal, or State health and safety standards as re11 quired by 25 U.S.C. 2005(b), with respect to organiza12 tional and financial management capabilities: Provided 

13 further, That if the Secretary declines a grant application, 

14 the Secretary shall follow the requirements contained in 

15 25 U.S.C. 2504(f): Provided further, That any disputes 

16 between the Secretary and any grantee concerning a grant 

17 shall be subject to the disputes provision in 25 U.S.C. 

18 2507(e): Provided further, That in order to ensure timely 

19 completion of construction projects, the Secretary may as20 sume control of a project and all funds related to the 

21 project, if, within 18 months of the date of enactment of 

22 this Act, any grantee receiving funds appropriated in this 

23 Act or in any prior Act has not completed the planning 

24 and design phase of the project and commenced construc25 tion: Provided further, That this appropriation may be reVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 imbursed from the Office of the Special Trustee for Amer2 ican Indians appropriation for the appropriate share of 

3 construction costs for space expansion needed in agency 

4 offices to meet trust reform implementation. 

5 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

6 MISCELLANEOUS PAYMENTS TO INDIANS

7 For payments and necessary administrative expenses 

8 for implementation of Indian land and water claim settle9 ments pursuant to Public Laws 99–264, 100–580, 101– 

10 618, 108–447, and 111–11, and for implementation of 

11 other land and water rights settlements, $32,855,000, to 

12 remain available until expended. 

13 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

14 For the cost of guaranteed loans and insured loans, 

15 $8,114,000, of which not to exceed $964,000 is for admin16 istrative expenses, as authorized by the Indian Financing 

17 Act of 1974, as amended: Provided, That such costs, in18 cluding the cost of modifying such loans, shall be as de19 fined in section 502 of the Congressional Budget Act of 

20 1974: Provided further, That these funds are available to 

21 subsidize total loan principal, any part of which is to be 

22 guaranteed or insured, not to exceed $85,242,280. 

23 ADMINISTRATIVE PROVISIONS

24 The Bureau of Indian Affairs may carry out the oper25 ation of Indian programs by direct expenditure, contracts, 


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1 cooperative agreements, compacts, and grants, either di2 rectly or in cooperation with States and other organiza3 tions. 

4 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

5 Affairs may contract for services in support of the man6 agement, operation, and maintenance of the Power Divi7 sion of the San Carlos Irrigation Project. 

8 Appropriations for the Bureau of Indian Affairs (ex9 cept the Revolving Fund for Loans Liquidating Account, 

10 Indian Loan Guaranty and Insurance Fund Liquidating 

11 Account, Indian Guaranteed Loan Financing Account, In12 dian Direct Loan Financing Account, and the Indian 

13 Guaranteed Loan Program account) shall be available for 

14 expenses of exhibits. 

15 Notwithstanding any other provision of law, no funds 

16 available to the Bureau of Indian Affairs for central office 

17 oversight and Executive Direction and Administrative 

18 Services (except executive direction and administrative 

19 services funding for Tribal Priority Allocations, regional 

20 offices, and facilities operations and maintenance) shall be 

21 available for contracts, grants, compacts, or cooperative 

22 agreements with the Bureau of Indian Affairs under the 

23 provisions of the Indian Self-Determination Act or the 

24 Tribal Self-Governance Act of 1994 (Public Law 103– 

25 413). 


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1 In the event any tribe returns appropriations made 

2 available by this Act to the Bureau of Indian Affairs, this 

3 action shall not diminish the Federal Government’s trust 

4 responsibility to that tribe, or the government-to-govern5 ment relationship between the United States and that 

6 tribe, or that tribe’s ability to access future appropria7 tions. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau, other than the amounts provided 

10 herein for assistance to public schools under 25 U.S.C. 

11 452 et seq., shall be available to support the operation of 

12 any elementary or secondary school in the State of Alaska. 

13 Appropriations made available in this or any other 

14 Act for schools funded by the Bureau shall be available 

15 only to the schools in the Bureau school system as of Sep16 tember 1, 1996. No funds available to the Bureau shall 

17 be used to support expanded grades for any school or dor18 mitory beyond the grade structure in place or approved 

19 by the Secretary of the Interior at each school in the Bu20 reau school system as of October 1, 1995, except that any 

21 school or school program that was closed and removed 

22 from the Bureau school system between 1951 and 1972, 

23 and its respective tribe’s relationship with the Federal 

24 Government was terminated, shall be reinstated to the Bu25 reau system and supported at a level based on its grade 


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1 structure and average student enrollment for the 2009– 

2 2010, 2010–2011 and 2011–2012 school years. Funds 

3 made available under this Act may not be used to establish 

4 a charter school at a Bureau-funded school (as that term 

5 is defined in section 1141 of the Education Amendments 

6 of 1978 (25 U.S.C. 2021)), except that a charter school 

7 that is in existence on the date of the enactment of this 

8 Act and that has operated at a Bureau-funded school be9 fore September 1, 1999, may continue to operate during 

10 that period, but only if the charter school pays to the Bu11 reau a pro rata share of funds to reimburse the Bureau 

12 for the use of the real and personal property (including 

13 buses and vans), the funds of the charter school are kept 

14 separate and apart from Bureau funds, and the Bureau 

15 does not assume any obligation for charter school pro16 grams of the State in which the school is located if the 

17 charter school loses such funding. Employees of Bureau18 funded schools sharing a campus with a charter school and 

19 performing functions related to the charter school’s oper20 ation and employees of a charter school shall not be treat21 ed as Federal employees for purposes of chapter 171 of 

22 title 28, United States Code. 

23 Notwithstanding any other provision of law, including 

24 section 113 of title I of appendix C of Public Law 106– 

25 113, if in fiscal year 2003 or 2004 a grantee received indiVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 rect and administrative costs pursuant to a distribution 

2 formula based on section 5(f) of Public Law 101–301, the 

3 Secretary shall continue to distribute indirect and admin4 istrative cost funds to such grantee using the section 5(f) 

5 distribution formula. 

6 DEPARTMENTAL OFFICES

7 OFFICE OF THE SECRETARY

8 DEPARTMENTAL OPERATIONS

9 For necessary expenses for management of the De10 partment of the Interior, including the collection and dis11 bursement of royalties, fees, and other mineral revenue 

12 proceeds, as authorized by law, $250,151,000 to remain 

13 available until September 30, 2013; of which not to exceed 

14 $15,000 may be for official reception and representation 

15 expenses; and of which up to $1,000,000 shall be available 

16 for workers compensation payments and unemployment 

17 compensation payments associated with the orderly clo18 sure of the United States Bureau of Mines; and of which 

19 $12,112,000 for the Office of Valuation Services is to be 

20 derived from the Land and Water Conservation Fund and 

21 shall remain available until expended; and of which 

22 $36,000,000 shall remain available until expended for the 

23 purpose of mineral revenue management activities: Pro24 vided, That, for fiscal year 2012, up to $400,000 of the 

25 payments authorized by the Act of October 20, 1976, as 


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1 amended (31 U.S.C. 6901–6907) may be retained for ad2 ministrative expenses of the Payments in Lieu of Taxes 

3 Program: Provided further, That no payment shall be 

4 made pursuant to that Act to otherwise eligible units of 

5 local government if the computed amount of the payment 

6 is less than $100: Provided further, That notwithstanding 

7 any other provision of law, $15,000 under this heading 

8 shall be available for refunds of overpayments in connec9 tion with certain Indian leases in which the Secretary con10 curred with the claimed refund due, to pay amounts owed 

11 to Indian allottees or tribes, or to correct prior unrecover12 able erroneous payments: Provided further, That, notwith13 standing the provisions of section 35(b) of the Mineral 

14 Leasing Act, as amended (30 U.S.C. 191(b)), the Sec15 retary shall deduct 2 percent from the amount payable to 

16 each State in fiscal year 2012 and deposit the amount de17 ducted to miscellaneous receipts of the Treasury. 

18 INSULAR AFFAIRS

19 ASSISTANCE TO TERRITORIES

20 For expenses necessary for assistance to territories 

21 under the jurisdiction of the Department of the Interior, 

22 $82,558,000, of which: (1) $73,296,000 shall remain 

23 available until expended for territorial assistance, includ24 ing general technical assistance, maintenance assistance, 

25 disaster assistance, insular management controls, coral 


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•HR 2584 RH

1 reef initiative activities, and brown tree snake control and 

2 research; grants to the judiciary in American Samoa for 

3 compensation and expenses, as authorized by law (48 

4 U.S.C. 1661(c)); grants to the Government of American 

5 Samoa, in addition to current local revenues, for construc6 tion and support of governmental functions; grants to the 

7 Government of the Virgin Islands as authorized by law; 

8 grants to the Government of Guam, as authorized by law; 

9 and grants to the Government of the Northern Mariana 

10 Islands as authorized by law (Public Law 94–241; 90 

11 Stat. 272); and (2) $9,262,000 shall be available until 

12 September 30, 2013 for salaries and expenses of the Office 

13 of Insular Affairs: Provided, That all financial trans14 actions of the territorial and local governments herein pro15 vided for, including such transactions of all agencies or 

16 instrumentalities established or used by such governments, 

17 may be audited by the Government Accountability Office, 

18 at its discretion, in accordance with chapter 35 of title 

19 31, United States Code: Provided further, That Northern 

20 Mariana Islands Covenant grant funding shall be provided 

21 according to those terms of the Agreement of the Special 

22 Representatives on Future United States Financial Assist23 ance for the Northern Mariana Islands approved by Public 

24 Law 104–134: Provided further, That the funds for the 

25 program of operations and maintenance improvement are 


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•HR 2584 RH

1 appropriated to institutionalize routine operations and 

2 maintenance improvement of capital infrastructure with 

3 territorial participation and cost sharing to be determined 

4 by the Secretary based on the grantee’s commitment to 

5 timely maintenance of its capital assets: Provided further, 

6 That any appropriation for disaster assistance under this 

7 heading in this Act or previous appropriations Acts may 

8 be used as non-Federal matching funds for the purpose 

9 of hazard mitigation grants provided pursuant to section 

10 404 of the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5170c). 

12 COMPACT OF FREE ASSOCIATION

13 For grants and necessary expenses, $3,307,000, to 

14 remain available until expended, as provided for in sec15 tions 221(a)(2) of the Compact of Free Association for 

16 the Republic of Palau; and section 221(a)(2) of the Com17 pacts of Free Association for the Government of the Re18 public of the Marshall Islands and the Federated States 

19 of Micronesia, as authorized by Public Law 99–658 and 

20 Public Law 108–188. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRANSFER OF FUNDS)

23 At the request of the Governor of Guam, the Sec24 retary may transfer discretionary funds or mandatory 

25 funds provided under section 104(e) of Public Law 108– 


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•HR 2584 RH

1 188 and Public Law 104–134, that are allocated for 

2 Guam, to the Secretary of Agriculture for the subsidy cost 

3 of direct or guaranteed loans, plus not to exceed three per4 cent of the amount of the subsidy transferred for the cost 

5 of loan administration, for the purposes authorized by the 

6 Rural Electrification Act of 1936 and section 306(a)(1) 

7 of the Consolidated Farm and Rural Development Act for 

8 construction and repair projects in Guam, and such funds 

9 shall remain available until expended: Provided, That such 

10 costs, including the cost of modifying such loans, shall be 

11 as defined in section 502 of the Congressional Budget Act 

12 of 1974: Provided further, That such loans or loan guaran13 tees may be made without regard to the population of the 

14 area, credit elsewhere requirements, and restrictions on 

15 the types of eligible entities under the Rural Electrifica16 tion Act of 1936 and section 306(a)(1) of the Consolidated 

17 Farm and Rural Development Act: Provided further, That 

18 any funds transferred to the Secretary of Agriculture shall 

19 be in addition to funds otherwise made available to make 

20 or guarantee loans under such authorities. 

21 OFFICE OF THE SOLICITOR

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of the Solicitor, 

24 $64,946,000. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General, $48,493,000. 

5 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

6 INDIANS

7 FEDERAL TRUST PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the operation of trust programs for Indians by 

10 direct expenditure, contracts, cooperative agreements, 

11 compacts, and grants, $152,319,000, to remain available 

12 until expended, of which not to exceed $31,171,000, from 

13 this or any other Act, shall be available for historical ac14 counting: Provided, That funds for trust management im15 provements and litigation support may, as needed, be 

16 transferred to or merged with the Bureau of Indian Af17 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

18 of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

19 Office of the Secretary, ‘‘Salaries and Expenses’’ account: 

20 Provided further, That funds made available through con21 tracts or grants obligated during fiscal year 2012, as au22 thorized by the Indian Self-Determination Act of 1975 (25 

23 U.S.C. 450 et seq.), shall remain available until expended 

24 by the contractor or grantee: Provided further, That, not25 withstanding any other provision of law, the statute of limVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 itations shall not commence to run on any claim, including 

2 any claim in litigation pending on the date of the enact3 ment of this Act, concerning losses to or mismanagement 

4 of trust funds, until the affected tribe or individual Indian 

5 has been furnished with an accounting of such funds from 

6 which the beneficiary can determine whether there has 

7 been a loss: Provided further, That, notwithstanding any 

8 other provision of law, the Secretary shall not be required 

9 to provide a quarterly statement of performance for any 

10 Indian trust account that has not had activity for at least 

11 18 months and has a balance of $15.00 or less: Provided 

12 further, That the Secretary shall issue an annual account 

13 statement and maintain a record of any such accounts and 

14 shall permit the balance in each such account to be with15 drawn upon the express written request of the account 

16 holder: Provided further, That not to exceed $50,000 is 

17 available for the Secretary to make payments to correct 

18 administrative errors of either disbursements from or de19 posits to Individual Indian Money or Tribal accounts after 

20 September 30, 2002: Provided further, That erroneous 

21 payments that are recovered shall be credited to and re22 main available in this account for this purpose. 


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1 DEPARTMENT-WIDE PROGRAMS

2 WILDLAND FIRE MANAGEMENT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses for fire preparedness, sup5 pression operations, fire science and research, emergency 

6 rehabilitation, hazardous fuels reduction, and rural fire as7 sistance by the Department of the Interior, $574,072,000, 

8 to remain available until expended, of which not to exceed 

9 $6,137,000 shall be for the renovation or construction of 

10 fire facilities: Provided, That such funds are also available 

11 for repayment of advances to other appropriation accounts 

12 from which funds were previously transferred for such 

13 purposes: Provided further, That persons hired pursuant 

14 to 43 U.S.C. 1469 may be furnished subsistence and lodg15 ing without cost from funds available from this appropria16 tion: Provided further, That notwithstanding 42 U.S.C. 

17 1856d, sums received by a bureau or office of the Depart18 ment of the Interior for fire protection rendered pursuant 

19 to 42 U.S.C. 1856 et seq., protection of United States 

20 property, may be credited to the appropriation from which 

21 funds were expended to provide that protection, and are 

22 available without fiscal year limitation: Provided further, 

23 That using the amounts designated under this title of this 

24 Act, the Secretary of the Interior may enter into procure25 ment contracts, grants, or cooperative agreements, for 


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1 hazardous fuels reduction activities, and for training and 

2 monitoring associated with such hazardous fuels reduction 

3 activities, on Federal land, or on adjacent non-Federal 

4 land for activities that benefit resources on Federal land: 

5 Provided further, That the costs of implementing any co6 operative agreement between the Federal Government and 

7 any non-Federal entity may be shared, as mutually agreed 

8 on by the affected parties: Provided further, That notwith9 standing requirements of the Competition in Contracting 

10 Act, the Secretary, for purposes of hazardous fuels reduc11 tion activities, may obtain maximum practicable competi12 tion among: (1) local private, nonprofit, or cooperative en13 tities; (2) Youth Conservation Corps crews, Public Lands 

14 Corps (Public Law 109–154), or related partnerships with 

15 State, local, or non-profit youth groups; (3) small or 

16 micro-businesses; or (4) other entities that will hire or 

17 train locally a significant percentage, defined as 50 per18 cent or more, of the project workforce to complete such 

19 contracts: Provided further, That in implementing this sec20 tion, the Secretary shall develop written guidance to field 

21 units to ensure accountability and consistent application 

22 of the authorities provided herein: Provided further, That 

23 funds appropriated under this heading may be used to re24 imburse the United States Fish and Wildlife Service and 

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1 rying out their responsibilities under the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 

3 conference, as required by section 7 of such Act, in con4 nection with wildland fire management activities: Provided 

5 further, That the Secretary of the Interior may use 

6 wildland fire appropriations to enter into leases of real 

7 property with local governments, at or below fair market 

8 value, to construct capitalized improvements for fire facili9 ties on such leased properties, including but not limited 

10 to fire guard stations, retardant stations, and other initial 

11 attack and fire support facilities, and to make advance 

12 payments for any such lease or for construction activity 

13 associated with the lease: Provided further, That the Sec14 retary of the Interior and the Secretary of Agriculture 

15 may authorize the transfer of funds appropriated for 

16 wildland fire management, in an aggregate amount not to 

17 exceed $50,000,000, between the Departments when such 

18 transfers would facilitate and expedite jointly funded 

19 wildland fire management programs and projects: Pro20 vided further, That funds provided for wildfire suppression 

21 shall be available for support of Federal emergency re22 sponse actions: Provided further, That funds appropriated 

23 under this heading shall be available for assistance to or 

24 through the Department of State in connection with forest 

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1 ance in foreign countries, and, with the concurrence of the 

2 Secretary of State, shall be available to support forestry, 

3 wildland fire management, and related natural resource 

4 activities outside the United States and its territories and 

5 possessions, including technical assistance, education and 

6 training, and cooperation with United States and inter7 national organizations: Provided further, That, before obli8 gating any of the funds provided herein for wildland fire 

9 suppression, the Secretary of the Interior shall obligate 

10 all unobligated balances previously made available under 

11 this heading that, when appropriated, were designated by 

12 Congress as an emergency requirement pursuant to the 

13 Concurrent Resolution on the Budget or the Balanced 

14 Budget and Emergency Deficit Control Act of 1985 and 

15 notify the Committees on Appropriations of the House of 

16 Representatives and the Senate in writing of the imminent 

17 need to begin obligating funds provided herein for wildland 

18 fire suppression: Provided further, That the Secretary of 

19 the Interior may transfer not more than $50,000,000 of 

20 the funds provided herein to the Secretary of Agriculture 

21 if the Secretaries determine that the transfer will enhance 

22 the efficiency or effectiveness of Federal wildland fire sup23 pression activities. 


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1 FLAME WILDFIRE SUPPRESSION RESERVE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for large fire suppression op4 erations of the Department of the Interior and as a re5 serve fund for suppression and Federal emergency re6 sponse activities, $92,000,000, to remain available until 

7 expended: Provided, That such amounts are available only 

8 for transfer to the ‘‘Wildland Fire Management’’ account 

9 and only following a declaration by the Secretary that ei10 ther (1) a wildland fire suppression event meets certain 

11 previously-established risk-based written criteria for sig12 nificant complexity, severity, or threat posed by the fire 

13 or (2) funds in the ‘‘Wildland Fire Management’’ account 

14 will be exhausted within 30 days. 

15 CENTRAL HAZARDOUS MATERIALS FUND

16 For necessary expenses of the Department of the In17 terior and any of its component offices and bureaus for 

18 the response action, including associated activities, per19 formed pursuant to the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act, as amended (42 

21 U.S.C. 9601 et seq.), $10,149,000, to remain available 

22 until expended. 


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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and 

5 restoration activities by the Department of the Interior 

6 necessary to carry out the provisions of the Comprehensive 

7 Environmental Response, Compensation, and Liability 

8 Act, as amended (42 U.S.C. 9601 et seq.), the Federal 

9 Water Pollution Control Act, as amended (33 U.S.C. 1251 

10 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

11 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

12 19jj et seq.), $5,763,000, to remain available until ex13 pended. 

14 WORKING CAPITAL FUND

15 For the acquisition of a departmental financial and 

16 business management system, information technology im17 provements of general benefit to the Department, and con18 solidation of facilities and operations throughout the De19 partment, $57,019,000, to remain available until ex20 pended: Provided, That none of the funds appropriated in 

21 this Act or any other Act may be used to establish reserves 

22 in the Working Capital Fund account other than for ac23 crued annual leave and depreciation of equipment without 

24 prior approval of the House and Senate Committees on 

25 Appropriations: Provided further, That the Secretary may 


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1 assess reasonable charges to State, local and tribal govern2 ment employees for training services provided by the Na3 tional Indian Program Training Center, other than train4 ing related to Public Law 93–638: Provided further, That 

5 the Secretary may lease or otherwise provide space and 

6 related facilities, equipment or professional services of the 

7 National Indian Program Training Center to State, local 

8 and tribal government employees or persons or organiza9 tions engaged in cultural, educational, or recreational ac10 tivities (as defined in section 3306(a) of title 40, United 

11 States Code) at the prevailing rate for similar space, facili12 ties, equipment, or services in the vicinity of the National 

13 Indian Program Training Center: Provided further, That 

14 all funds received pursuant to the two preceding provisos 

15 shall be credited to this account, shall be available until 

16 expended, and shall be used by the Secretary for necessary 

17 expenses of the National Indian Program Training Center. 

18 ADMINISTRATIVE PROVISION

19 There is hereby authorized for acquisition from avail20 able resources within the Working Capital Fund, 15 air21 craft, 10 of which shall be for replacement and which may 

22 be obtained by donation, purchase or through available ex23 cess surplus property: Provided, That existing aircraft 

24 being replaced may be sold, with proceeds derived or 


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1 trade-in value used to offset the purchase price for the 

2 replacement aircraft. 

3 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

4 (INCLUDING TRANSFERS OF FUNDS)

5 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

6 SEC. 101. Appropriations made in this title shall be 

7 available for expenditure or transfer (within each bureau 

8 or office), with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft, 

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made 

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That 

16 all funds used pursuant to this section must be replenished 

17 by a supplemental appropriation which must be requested 

18 as promptly as possible. 

19 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

20 SEC. 102. The Secretary may authorize the expendi21 ture or transfer of any no year appropriation in this title, 

22 in addition to the amounts included in the budget pro23 grams of the several agencies, for the suppression or emer24 gency prevention of wildland fires on or threatening lands 

25 under the jurisdiction of the Department of the Interior; 


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1 for the emergency rehabilitation of burned-over lands 

2 under its jurisdiction; for emergency actions related to po3 tential or actual earthquakes, floods, volcanoes, storms, or 

4 other unavoidable causes; for contingency planning subse5 quent to actual oil spills; for response and natural resource 

6 damage assessment activities related to actual oil spills or 

7 releases of hazardous substances into the environment; for 

8 the prevention, suppression, and control of actual or po9 tential grasshopper and Mormon cricket outbreaks on 

10 lands under the jurisdiction of the Secretary, pursuant to 

11 the authority in section 417(b) of Public Law 106–224 

12 (7 U.S.C. 7717(b)); for emergency reclamation projects 

13 under section 410 of Public Law 95–87; and shall trans14 fer, from any no year funds available to the Office of Sur15 face Mining Reclamation and Enforcement, such funds as 

16 may be necessary to permit assumption of regulatory au17 thority in the event a primacy State is not carrying out 

18 the regulatory provisions of the Surface Mining Act: Pro19 vided, That appropriations made in this title for wildland 

20 fire operations shall be available for the payment of obliga21 tions incurred during the preceding fiscal year, and for 

22 reimbursement to other Federal agencies for destruction 

23 of vehicles, aircraft, or other equipment in connection with 

24 their use for wildland fire operations, such reimbursement 

25 to be credited to appropriations currently available at the 


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1 time of receipt thereof: Provided further, That for wildland 

2 fire operations, no funds shall be made available under 

3 this authority until the Secretary determines that funds 

4 appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME 

5 Wildfire Suppression Reserve Fund’’ shall be exhausted 

6 within 30 days: Provided further, That all funds used pur7 suant to this section must be replenished by a supple8 mental appropriation which must be requested as prompt9 ly as possible: Provided further, That such replenishment 

10 funds shall be used to reimburse, on a pro rata basis, ac11 counts from which emergency funds were transferred. 

12 AUTHORIZED USE OF FUNDS

13 SEC. 103. Appropriations made to the Department 

14 of the Interior in this title shall be available for services 

15 as authorized by section 3109 of title 5, United States 

16 Code, when authorized by the Secretary, in total amount 

17 not to exceed $500,000; purchase and replacement of 

18 motor vehicles, including specially equipped law enforce19 ment vehicles; hire, maintenance, and operation of air20 craft; hire of passenger motor vehicles; purchase of re21 prints; payment for telephone service in private residences 

22 in the field, when authorized under regulations approved 

23 by the Secretary; and the payment of dues, when author24 ized by the Secretary, for library membership in societies 

25 or associations which issue publications to members only 


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1 or at a price to members lower than to subscribers who 

2 are not members. 

3 AUTHORIZED USE OF FUNDS, INDIAN TRUST

4 MANAGEMENT

5 SEC. 104. Appropriations made in this Act under the 

6 headings Bureau of Indian Affairs and Office of the Spe7 cial Trustee for American Indians and any unobligated 

8 balances from prior appropriations Acts made under the 

9 same headings shall be available for expenditure or trans10 fer for Indian trust management and reform activities. 

11 Total funding for historical accounting activities shall not 

12 exceed amounts specifically designated in this Act for such 

13 purpose. 

14 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

15 AFFAIRS

16 SEC. 105. Notwithstanding any other provision of 

17 law, the Secretary of the Interior is authorized to redis18 tribute any Tribal Priority Allocation funds, including 

19 tribal base funds, to alleviate tribal funding inequities by 

20 transferring funds to address identified, unmet needs, 

21 dual enrollment, overlapping service areas or inaccurate 

22 distribution methodologies. No tribe shall receive a reduc23 tion in Tribal Priority Allocation funds of more than 10 

24 percent in fiscal year 2012. Under circumstances of dual 

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1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 TWIN CITIES RESEARCH CENTER

4 SEC. 106. Notwithstanding any other provision of 

5 law, in conveying the Twin Cities Research Center under 

6 the authority provided by Public Law 104–134, the Sec7 retary may accept and retain land and other forms of re8 imbursement: Provided, That the Secretary may retain 

9 and use any such reimbursement until expended and with10 out further appropriation: (1) for the benefit of the Na11 tional Wildlife Refuge System within the State of Min12 nesota; and (2) for all activities authorized by section 701 

13 of Public Law 100–696 (16 U.S.C. 460zz). 

14 PAYMENT OF FEES

15 SEC. 107. The Secretary of the Interior may use dis16 cretionary funds to pay private attorney fees and costs for 

17 employees and former employees of the Department of the 

18 Interior reasonably incurred in connection with Cobell v. 

19 Salazar to the extent that such fees and costs are not paid 

20 by the Department of Justice or by private insurance. In 

21 no case shall the Secretary make payments under this sec22 tion that would result in payment of hourly fees in excess 

23 of the highest hourly rate approved by the District Court 

24 for the District of Columbia for counsel in Cobell v. Sala25 zar. 


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1 EVERGLADES ECOSYSTEM RESTORATION

2 SEC. 108. This and any subsequent fiscal year, the 

3 National Park Service is authorized to implement modi4 fications to the Tamiami Trail as described in, and in ac5 cordance with, the preferred alternative identified in the 

6 final environmental impact statement noticed in the Fed7 eral Register on December 14, 2010, (75 Fed. Reg. 

8 77896), relating to restoration efforts of the Everglades 

9 ecosystem. 

10 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

11 SEC. 109. Notwithstanding any other provision of 

12 law, the Secretary of the Interior is authorized to acquire 

13 lands, waters, or interests therein including the use of all 

14 or part of any pier, dock, or landing within the State of 

15 New York and the State of New Jersey, for the purpose 

16 of operating and maintaining facilities in the support of 

17 transportation and accommodation of visitors to Ellis, 

18 Governors, and Liberty Islands, and of other program and 

19 administrative activities, by donation or with appropriated 

20 funds, including franchise fees (and other monetary con21 sideration), or by exchange; and the Secretary is author22 ized to negotiate and enter into leases, subleases, conces23 sion contracts or other agreements for the use of such fa24 cilities on such terms and conditions as the Secretary may 

25 determine reasonable. 


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1 INDIAN PROBATE JUDGES

2 SEC. 110. In fiscal year 2012 and each fiscal year 

3 thereafter, for the purpose of adjudicating Indian probate 

4 cases in the Department of the Interior, the hearing re5 quirements of chapter 10 of title 25, United States Code, 

6 are deemed satisfied by a proceeding conducted by an In7 dian probate judge, appointed by the Secretary without 

8 regard to the provisions of title 5, United States Code, 

9 governing the appointments in the competitive service, for 

10 such period of time as the Secretary determines necessary: 

11 Provided, That the basic pay of an Indian probate judge 

12 so appointed may be fixed by the Secretary without regard 

13 to the provisions of chapter 51, and subchapter III of 

14 chapter 53 of title 5, United States Code, governing the 

15 classification and pay of General Schedule employees, ex16 cept that no such Indian probate judge may be paid at 

17 a level which exceeds the maximum rate payable for the 

18 highest grade of the General Schedule, including locality 

19 pay. 

20 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

21 AND ENFORCEMENT REORGANIZATION

22 SEC. 111. The Secretary of the Interior, in order to 

23 implement a reorganization of the Bureau of Ocean En24 ergy Management, Regulation and Enforcement, may es25 tablish accounts and transfer funds among and between 


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1 the offices and bureaus affected by the reorganization only 

2 in conformance with the reprogramming guidelines de3 scribed in the report accompanying this Act. 

4 AUTHORIZED USE OF INDIAN EDUCATION FUNDS

5 SEC. 112. Beginning July 1, 2008, any funds (includ6 ing investments and interest earned, except for construc7 tion funds) held by a Public Law 100–297 grant or a Pub8 lic Law 93–638 contract school shall, upon retrocession 

9 to or re-assumption by the Bureau of Indian Education, 

10 remain available to the Bureau of Indian Education for 

11 a period of 5 years from the date of retrocession or re12 assumption for the benefit of the programs approved for 

13 the school on October 1, 1995. 

14 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

15 BURRO HOLDING FACILITIES

16 SEC. 113. (a) Notwithstanding any other provision 

17 of this Act, the Secretary of the Interior may enter into 

18 multiyear cooperative agreements with nonprofit organiza19 tions and other appropriate entities, and may enter into 

20 multiyear contracts in accordance with the provisions of 

21 section 304B of the Federal Property and Administrative 

22 Services Act of 1949 (41 U.S.C. 254c) (except that the 

23 5 year term restriction in subsection (d) shall not apply), 

24 for the long-term care and maintenance of excess wild free 

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1 ties on private land. Such cooperative agreements and con2 tracts may not exceed 10 years, subject to renewal at the 

3 discretion of the Secretary. 

4 (b) During fiscal year 2012 and subsequent fiscal 

5 years, in carrying out work involving cooperation with any 

6 State or political subdivision thereof, the Bureau of Land 

7 Management may record obligations against accounts re8 ceivable from any such entities. 

9 BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

10 SEC. 114. (a)(1) Nothwithstanding section 586(c) of 

11 title 40, United States Code, the head of a Bureau-oper12 ated school is authorized to enter into agreements with 

13 public and private persons and entities that provide for 

14 such persons and entities to rent or lease the land or facili15 ties of the school in exchange for a consideration (in the 

16 form of funds) that benefits the school, as determined by 

17 the head of the school when such rent or lease does not 

18 interfere with school operations. 

19 (2) Funds received under paragraph (1) shall be re20 tained by the school and used for school purposes other21 wise authorized by law. Any funds received under para22 graph (1) are hereby made available until expended for 

23 such purposes, notwithstanding section 3302 of title 31, 

24 United States Code. 


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1 (3) Nothing in this section shall be construed to allow 

2 for the diminishment of, or otherwise affect, the appro3 priation of funds to the budget accounts for the operation 

4 and maintenance of Bureau-operated schools. No funds 

5 shall be withheld from the distribution to the budget of 

6 any Bureau-operated school due to the receipt by the 

7 school of a benefit in accordance with this section. 

8 (b) Notwithstanding any provision of title 5, United 

9 States Code, or any regulation promulgated under such 

10 title, education personnel who are under the direction and 

11 supervision of the Secretary of the Interior may partici12 pate in a fundraising activity for the benefit of a Bureau13 operated school in an official capacity as part of their offi14 cial duties. When participating in such an official capacity, 

15 the employee may use the employee’s official title, position, 

16 and authority. Nothing in this subsection shall be con17 strued to authorize participation in political activity (as 

18 such term is used in section 7324 of title 5, United States 

19 Code) otherwise prohibited by law. 

20 (c) The Secretary of the Interior shall promulgate 

21 regulations to carry out this section not later than 12 

22 months after the date of the enactment of this Act. Such 

23 regulations shall include— 

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1 sideration for the use and benefit of a school in ac2 cordance with this section (including, in appropriate 

3 cases, the establishment and administration of trust 

4 funds); 

5 (2) accountability standards to ensure ethical 

6 conduct; and 

7 (3) provisions for monitoring the amount and 

8 terms of consideration received, the manner in which 

9 the consideration is used, and any results achieved 

10 by such use. 

11 (d) Provisions of this section shall apply to fiscal year 

12 2012 and subsequent fiscal years. 

13 MASS MARKING OF SALMONIDS

14 SEC. 115. The United States Fish and Wildlife Serv15 ice shall, in carrying out its responsibilities to protect 

16 threatened and endangered species of salmon, implement 

17 a system of mass marking of salmonid stocks, intended 

18 for harvest, that are released from federally operated or 

19 federally financed hatcheries including but not limited to 

20 fish releases of coho, chinook, and steelhead species. 

21 Marked fish must have a visible mark that can be readily 

22 identified by commercial and recreational fishers. 

23 YUKON-CHARLEY NATIONAL PRESERVE

24 SEC. 116. None of the funds made available by this 

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1 ment or enforce regulations concerning boating and other 

2 activities on or relating to waters located within Yukon3 Charley National Preserve, including waters subject to the 

4 jurisdiction of the United States, pursuant to section 3(h) 

5 of Public Law 91–383 (16 U.S.C. 1a–2(h)) or any other 

6 authority. This section does not affect the authority of the 

7 Coast Guard to regulate the use of waters subject to the 

8 jurisdiction of the United States within the Yukon-Charley 

9 National Preserve. 

10 DIRECT HIRE AUTHORITY

11 SEC. 117. (a) DIRECT HIRE AUTHORITY.—During 

12 fiscal year 2012 and thereafter, the Secretary of the Inte13 rior may appoint, without regard to the provisions of sub14 chapter I of chapter 33 of title 5, United States Code, 

15 other than sections 3303 and 3328 of such title, a quali16 fied candidate described in subsection (b) directly to a po17 sition with a land managing agency of the Department 

18 of the Interior for which the candidate meets Office of 

19 Personnel Management qualification standards. 

20 (b) QUALIFIED CANDIDATES DESCRIBED.—Sub21 section (a) applies with respect to a former resource assist22 ant (as defined in section 203 of the Public Land Corps 

23 Act (16 U.S.C. 1722)) who— 

24 (1) completed a rigorous undergraduate or 

25 graduate summer internship with a land managing 


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1 agency, such as the National Park Service Business 

2 Plan Internship; 

3 (2) successfully fulfilled the requirements of the 

4 internship program; and 

5 (3) subsequently earned an undergraduate or 

6 graduate degree from an accredited institution of 

7 higher education. 

8 (c) DURATION.—The direct hire authority under this 

9 section may not be exercised with respect to a specific 

10 qualified candidate after the end of the 2-year period be11 ginning on the date on which the candidate completed the 

12 undergraduate or graduate degree, as the case may be. 

13 REVIEW PROCESS FOR CERTAIN BUREAU OF LAND

14 MANAGEMENT ACTIONS

15 SEC. 118. (a) EXHAUSTION OF ADMINISTRATIVE RE16 VIEW REQUIRED.—Hereafter, a person may bring a civil 

17 action challenging a proposed action of the Bureau of 

18 Land Management concerning grazing on public lands (as 

19 defined in section 103(e) of the Federal Land Policy and 

20 Management Act of 1976 (43 U.S.C. 1702(e))) or an 

21 amendment to a land use plan proposed under section 202 

22 of such Act (43 U.S.C. 1712) in a Federal district court 

23 only if the person has challenged the action or amendment 

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1 ings and appeals procedures established by the Depart2 ment of the Interior. 

3 (b) ISSUE LIMITATION.—An issue may be considered 

4 in the judicial review of an action or amendment referred 

5 to in subsection (a) only if the issue was raised in the 

6 administrative review process described in such subsection. 

7 (c) EXCEPTION.—An exception to the requirement of 

8 exhausting the administrative review process before seek9 ing judicial review shall be available if a Federal court 

10 finds that the agency failed or was unable to make infor11 mation timely available during the administrative review 

12 process for issues of material fact. For the purposes of 

13 this subsection, ‘‘timely’’ means within 120 calender days 

14 from the date that the challenge to the agency action or 

15 amendment at issue is received for administrative review. 

16 GRAY WOLVES

17 SEC. 119. Hereafter, any final rule published by the 

18 Department of the Interior that provides that the gray 

19 wolf (Canis lupus) in the State of Wyoming or in any of 

20 the States within the range of the Western Great Lakes 

21 Distinct Population Segment of the gray wolf (as defined 

22 in the rule published on May 5, 2011 (76 Fed. Reg. 26086 

23 et seq.)) is not an endangered species or threatened spe24 cies under the Endangered Species Act of 1973 (16 U.S.C. 

25 1531 et seq.), including any rule to remove such species 


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1 in such a State from the list of endangered species or 

2 threatened species published under that Act, shall not be 

3 subject to judicial review if such State has entered into 

4 an agreement with the Secretary of the Interior that au5 thorizes the State to manage gray wolves in that State. 

6 TRAILING LIVESTOCK OVER PUBLIC LAND

7 SEC. 120. During fiscal years 2012 through 2014, 

8 the trailing of livestock across public land (as defined by 

9 section 103 of the Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1702)) and the implementation 

11 of trailing practices by the Bureau of Land Management 

12 shall not be subject to review under section 102(2)(C) of 

13 the National Environmental Policy Act of 1969 (42 U.S.C. 

14 4332(2)(C)). 

15 BOEMRE REPORTING REQUIREMENTS

16 SEC. 121. The Secretary of the Interior shall— 

17 (1) log and track the specific reasons for the 

18 Bureau of Ocean Energy Management, Regulation 

19 and Enforcement returning to an applicant, without 

20 approval, any exploration plan, development and 

21 production plan, development operations coordina22 tion document, or application for permit to drill sub23 mitted with respect to any oil and gas lease for the 

24 Outer Continental Shelf; and 


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1 (2) provide quarterly reports to the Committee 

2 on Appropriations and Committee on Natural Re3 sources of the House of Representatives and the 

4 Committee on Appropriations and Committee on En5 ergy and Natural Resources of the Senate that in6 clude— 

7 (A) the date of original submission of each 

8 document referred to in paragraph (1) received 

9 by the Bureau in the period covered by a re10 port; 

11 (B) for each such document— 

12 (i) the date the document was re13 turned to the applicant; 

14 (ii) the date the document is treated 

15 by the Bureau as submitted; and 

16 (iii) the date of final agency action 

17 the document. 

18 LEASE AUTHORIZATION

19 SEC. 122. (a) IN GENERAL.—The Secretary of the 

20 Interior (referred to in this section as the ‘‘Secretary’’) 

21 may lease to the Savannah Bar Pilots Association, or a 

22 successor organization, no more than 30,000 square feet 

23 of land and improvements within Fort Pulaski National 

24 Monument (referred to in this section as the ‘‘Monu25 ment’’) at the location on Cockspur Island that has been 


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1 used continuously by the Savannah Bar Pilots Association 

2 since 1940. 

3 (b) RENTAL FEE AND PROCEEDS.— 

4 (1) RENTAL FEE.—For the lease authorized by 

5 this Act, the Secretary shall require a rental fee 

6 based on fair market value adjusted, as the Sec7 retary deems appropriate, for amounts to be ex8 pended by the lessee for property preservation, 

9 maintenance, or repair and related expenses. 

10 (2) PROCEEDS.—Disposition of the proceeds 

11 from the rental fee required pursuant to paragraph 

12 (1) shall be made in accordance with section 3(k)(5) 

13 of Public Law 91–383 (16 U.S.C. 1a–2(k)(5)). 

14 (c) TERMS AND CONDITIONS.—A lease entered into 

15 under this section— 

16 (1) shall be for a term of no more than 10 

17 years and, at the Secretary’s discretion, for succes18 sive terms of no more than 10 years at a time; and 

19 (2) shall include any terms and conditions the 

20 Secretary determines to be necessary to protect the 

21 resources of the Monument and the public interest. 

22 (d) EXEMPTION FROM APPLICABLE LAW.—Except 

23 as provided in section 2(b)(2) of this Act, the lease author24 ized by this Act shall not be subject to section 3(k) of 


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1 Public Law 91–383 (16 U.S.C. 1a–2(k)) or section 321 

2 of Act of June 30, 1932 (40 U.S.C. 1302). 

3 SELF-DETERMINATION DEMONSTRATION PROJECT

4 SEC. 123. The Director of the Bureau of Indian Af5 fairs shall reinstate the Demonstration Project that was 

6 in place from 2004 until 2008 for the Indian tribes within 

7 the California Tribal Trust Reform Consortium, the Salt 

8 River Pima-Maricopa Indian Community, the Confed9 erated Salish and Kootenai Tribes of the Flathead Res10 ervation, and the Chippewa Cree Tribe of the Rocky Boys 

11 Reservation; shall thereby ensure that the participating 

12 tribes shall be able to continue operations independent of 

13 the Department of the Interior’s trust reform and reorga14 nization; and shall not impose its trust management infra15 structure upon or alter the existing trust resource man16 agement systems of the above referenced tribes having a 

17 self-governance compact and operating in accordance with 

18 the Tribal Self-Governance Program set forth in title IV 

19 of Public Law 93–638 (25 U.S.C. 458aa–458hh): Pro20 vided, That the California Trust Reform Consortium and 

21 any other participating Indian tribe agree to carry out 

22 their responsibilities under the same written and imple23 mented fiduciary standards as those being carried by the 

24 Secretary of the Interior, including complying with section 

25 102 of Public Law 103–412 (25 U.S.C. 4011): Provided 


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1 further, That participating Indian tribes shall timely 

2 transfer funds and supply sufficient data to enable the 

3 Secretary of the Interior to comply with section 102 of 

4 Public Law 103–412 (25 U.S.C. 4011) for accounts that 

5 are maintained by the Department of the Interior when 

6 funds are being collected by the Indian tribes: Provided 

7 further, That such Indian tribes demonstrate to the satis8 faction of the Secretary of the Interior that they have the 

9 capability to do so: Provided further, That the Secretary 

10 of the Interior shall provide funds to the Indian tribes in 

11 an amount equal to that required by section 403(g) of 

12 Public Law 93–638 (25 U.S.C. 458cc(g)(3)), including 

13 funds specifically or functionally related to the provision 

14 of trust services to the Indian tribes or their members. 

15 WILD LANDS FUNDING PROHIBITION

16 SEC. 124. None of the funds made available in this 

17 Act or any other Act may be used to implement, admin18 ister, or enforce Secretarial Order No. 3310 issued by the 

19 Secretary of the Interior on December 22, 2010. 

20 TITLE II—ENVIRONMENTAL PROTECTION 

21 AGENCY 

22 SCIENCE AND TECHNOLOGY

23 For science and technology, including research and 

24 development activities, which shall include research and 

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1 mental Response, Compensation, and Liability Act of 

2 1980, as amended; necessary expenses for personnel and 

3 related costs and travel expenses; procurement of labora4 tory equipment and supplies; and other operating expenses 

5 in support of research and development, $754,611,000, to 

6 remain available until September 30, 2013. 

7 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

8 For environmental programs and management, in9 cluding necessary expenses, not otherwise provided for, for 

10 personnel and related costs and travel expenses; hire of 

11 passenger motor vehicles; hire, maintenance, and oper12 ation of aircraft; purchase of reprints; library member13 ships in societies or associations which issue publications 

14 to members only or at a price to members lower than to 

15 subscribers who are not members; administrative costs of 

16 the brownfields program under the Small Business Liabil17 ity Relief and Brownfields Revitalization Act of 2002; and 

18 not to exceed $19,000 for official reception and represen19 tation expenses, $2,498,433,000, to remain available until 

20 September 30, 2013: Provided, That of the funds included 

21 under this heading, not less than $346,280,000 shall be 

22 for the Geographic Programs specified in the explanatory 

23 statement accompanying this Act. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $41,099,000, to remain 

5 available until September 30, 2013. 

6 BUILDINGS AND FACILITIES

7 For construction, repair, improvement, extension, al8 teration, and purchase of fixed equipment or facilities of, 

9 or for use by, the Environmental Protection Agency, 

10 $36,428,000, to remain available until expended. 

11 HAZARDOUS SUBSTANCE SUPERFUND

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses to carry out the Comprehen14 sive Environmental Response, Compensation, and Liabil15 ity Act of 1980 (CERCLA), as amended, including sec16 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

17 9611) $1,224,295,000, to remain available until expended, 

18 consisting of such sums as are available in the Trust Fund 

19 on September 30, 2011, as authorized by section 517(a) 

20 of the Superfund Amendments and Reauthorization Act 

21 of 1986 (SARA) and up to $1,224,295,000 as a payment 

22 from general revenues to the Hazardous Substance Super23 fund for purposes as authorized by section 517(b) of 

24 SARA, as amended: Provided, That funds appropriated 

25 under this heading may be allocated to other Federal 


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1 agencies in accordance with section 111(a) of CERCLA: 

2 Provided further, That of the funds appropriated under 

3 this heading, $9,955,000 shall be paid to the ‘‘Office of 

4 Inspector General’’ appropriation to remain available until 

5 September 30, 2013, and $23,016,000 shall be paid to the 

6 ‘‘Science and Technology’’ appropriation to remain avail7 able until September 30, 2013. 

8 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

9 PROGRAM

10 For necessary expenses to carry out leaking under11 ground storage tank cleanup activities authorized by sub12 title I of the Solid Waste Disposal Act, as amended, 

13 $105,669,000, to remain available until expended, of 

14 which $78,051,000 shall be for carrying out leaking un15 derground storage tank cleanup activities authorized by 

16 section 9003(h) of the Solid Waste Disposal Act, as 

17 amended; $34,430,000 shall be for carrying out the other 

18 provisions of the Solid Waste Disposal Act specified in sec19 tion 9508(c) of the Internal Revenue Code, as amended: 

20 Provided, That the Administrator is authorized to use ap21 propriations made available under this heading to imple22 ment section 9013 of the Solid Waste Disposal Act to pro23 vide financial assistance to federally recognized Indian 

24 tribes for the development and implementation of pro25 grams to manage underground storage tanks. 


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1 INLAND OIL SPILL PROGRAMS

2 For expenses necessary to carry out the Environ3 mental Protection Agency’s responsibilities under the Oil 

4 Pollution Act of 1990, $18,274,000, to be derived from 

5 the Oil Spill Liability trust fund, to remain available until 

6 expended. 

7 STATE AND TRIBAL ASSISTANCE GRANTS

8 For environmental programs and infrastructure as9 sistance, including capitalization grants for State revolv10 ing funds and performance partnership grants, 

11 $2,610,393,000, to remain available until expended, of 

12 which $689,000,000 shall be for making capitalization 

13 grants for the Clean Water State Revolving Funds under 

14 title VI of the Federal Water Pollution Control Act, as 

15 amended (the ‘‘Act’’); of which $829,000,000 shall be for 

16 making capitalization grants for the Drinking Water State 

17 Revolving Funds under section 1452 of the Safe Drinking 

18 Water Act, as amended; $60,000,000 shall be to carry out 

19 section 104(k) of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 

21 (CERCLA), as amended, including grants, interagency 

22 agreements, and associated program support costs; 

23 $30,000,000 shall be for grants under title VII, subtitle 

24 G of the Energy Policy Act of 2005; and $1,002,393,000 

25 shall be for grants, including associated program support 


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1 costs, to States, federally recognized tribes, interstate 

2 agencies, tribal consortia, and air pollution control agen3 cies for multi-media or single media pollution prevention, 

4 control and abatement and related activities, including ac5 tivities pursuant to the provisions set forth under this 

6 heading in Public Law 104–134, and for making grants 

7 under section 103 of the Clean Air Act for particulate 

8 matter monitoring and data collection activities subject to 

9 terms and conditions specified by the Administrator, of 

10 which $49,396,000 shall be for carrying out section 128 

11 of CERCLA, as amended, $9,980,000 shall be for Envi12 ronmental Information Exchange Network grants, includ13 ing associated program support costs, $11,300,000 of the 

14 funds available for grants under section 106 of the Act 

15 shall be for state participation in national- and state-level 

16 statistical surveys of water resources and enhancements 

17 to state monitoring programs and, in addition to funds 

18 appropriated under the heading ‘‘Leaking Underground 

19 Storage Tank Trust Fund Program’’ to carry out the pro20 visions of the Solid Waste Disposal Act specified in section 

21 9508(c) of the Internal Revenue Code other than section 

22 9003(h) of the Solid Waste Disposal Act, as amended, 

23 $1,550,000 shall be for grants to States under section 

24 2007(f)(2) of the Solid Waste Disposal Act, as amended: 

25 Provided, That notwithstanding section 603(d)(7) of the 


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1 Federal Water Pollution Control Act, the limitation on the 

2 amounts in a State water pollution control revolving fund 

3 that may be used by a State to administer the fund shall 

4 not apply to amounts included as principal in loans made 

5 by such fund in fiscal year 2012 and prior years where 

6 such amounts represent costs of administering the fund 

7 to the extent that such amounts are or were deemed rea8 sonable by the Administrator, accounted for separately 

9 from other assets in the fund, and used for eligible pur10 poses of the fund, including administration: Provided fur11 ther, That for fiscal year 2012, and notwithstanding sec12 tion 518(f) of the Act, the Administrator is authorized to 

13 use the amounts appropriated for any fiscal year under 

14 section 319 of that Act to make grants to Federally recog15 nized Indian tribes pursuant to sections 319(h) and 

16 518(e) of that Act: Provided further, That for fiscal year 

17 2012, notwithstanding the limitation on amounts in sec18 tion 518(c) of the Federal Water Pollution Control Act 

19 and section 1452(i) of the Safe Drinking Water Act, up 

20 to a total of 2 percent of the funds appropriated for State 

21 Revolving Funds under such Acts may be reserved by the 

22 Administrator for grants under section 518(c) and section 

23 1452(i) of such Acts: Provided further, That for fiscal year 

24 2012, notwithstanding the amounts specified in section 

25 205(c) of the Federal Water Pollution Control Act, up to 


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1 1.5 percent of the aggregate funds appropriated for the 

2 Clean Water State Revolving Fund program under the Act 

3 less any sums reserved under section 518(c) of the Act, 

4 may be reserved by the Administrator for grants made 

5 under title II of the Clean Water Act for American Samoa, 

6 Guam, the Commonwealth of the Northern Marianas, and 

7 United States Virgin Islands: Provided further, That for 

8 fiscal year 2012, notwithstanding the limitations on 

9 amounts specified in section 1452(j) of the Safe Drinking 

10 Water Act, up to 1.5 percent of the funds appropriated 

11 for the Drinking Water State Revolving Fund programs 

12 under the Safe Drinking Water Act may be reserved by 

13 the Administrator for grants made under section 1452(j) 

14 of the Safe Drinking Water Act: Provided further, That 

15 not less than 30 percent of the funds made available under 

16 this title to each State for Clean Water State Revolving 

17 Fund capitalization grants and not less than 30 percent 

18 of the funds made available under this title to each State 

19 for Drinking Water State Revolving Fund capitalization 

20 grants shall be used by the State to provide additional sub21 sidy to eligible recipients in the form of forgiveness of 

22 principal, negative interest loans, or grants (or any com23 bination of these), and shall be so used by the State only 

24 where such funds are provided as initial financing for an 

25 eligible recipient or to buy, refinance, or restructure the 


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1 debt obligations of eligible recipients only where such debt 

2 was incurred on or after the date of enactment of this 

3 Act: Provided further, That no funds provided by this ap4 propriations Act to address the water, wastewater and 

5 other critical infrastructure needs of the colonias in the 

6 United States along the United States-Mexico border shall 

7 be made available to a county or municipal government 

8 unless that government has established an enforceable 

9 local ordinance, or other zoning rule, which prevents in 

10 that jurisdiction the development or construction of any 

11 additional colonia areas, or the development within an ex12 isting colonia the construction of any new home, business, 

13 or other structure which lacks water, wastewater, or other 

14 necessary infrastructure: Provided further, That for fiscal 

15 year 2012 and hereafter, of the funds provided for the 

16 Clean Water Act and Safe Drinking Water Act State Re17 volving Fund Tribal Set-Asides, the Administrator may 

18 transfer funds between those accounts in the same manner 

19 as provided to States under section 302(a) of Public Law 

20 104–182, as amended by Public Law 109–54. 

21 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

22 PROTECTION AGENCY

23 (INCLUDING TRANSFER AND RECISSION OF FUNDS)

24 For fiscal year 2012, notwithstanding 31 U.S.C. 

25 6303(1) and 6305(1), the Administrator of the EnvironVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 mental Protection Agency, in carrying out the Agency’s 

2 function to implement directly Federal environmental pro3 grams required or authorized by law in the absence of an 

4 acceptable tribal program, may award cooperative agree5 ments to federally recognized Indian Tribes or Intertribal 

6 consortia, if authorized by their member Tribes, to assist 

7 the Administrator in implementing Federal environmental 

8 programs for Indian Tribes required or authorized by law, 

9 except that no such cooperative agreements may be award10 ed from funds designated for State financial assistance 

11 agreements. 

12 The Administrator of the Environmental Protection 

13 Agency is authorized to collect and obligate pesticide reg14 istration service fees in accordance with section 33 of the 

15 Federal Insecticide, Fungicide, and Rodenticide Act, as 

16 amended by Public Law 110–94, the Pesticide Registra17 tion Improvement Renewal Act. 

18 The Administrator is authorized to transfer up to 

19 $250,000,000 of the funds appropriated for the Great 

20 Lakes Initiative under the heading ‘‘Environmental Pro21 grams and Management’’ to the head of any Federal de22 partment or agency, with the concurrence of such head, 

23 to carry out activities that would support the Great Lakes 

24 Restoration Initiative and Great Lakes Water Quality 

25 Agreement programs, projects, or activities; to enter into 


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1 an interagency agreement with the head of such Federal 

2 department or agency to carry out these activities; and 

3 to make grants to governmental entities, nonprofit organi4 zations, institutions, and individuals for planning, re5 search, monitoring, outreach, and implementation in fur6 therance of the Great Lakes Restoration Initiative and the 

7 Great Lakes Water Quality Agreement. 

8 From unobligated balances to carry out projects and 

9 activities funded through the ‘‘State and Tribal Assistance 

10 Grants’’ and ‘‘Hazardous Substance Superfund’’ accounts, 

11 $140,000,000 are permanently rescinded: Provided, That 

12 no amounts may be rescinded from amounts that were 

13 designated by the Congress as an emergency requirement 

14 pursuant to the Concurrent Resolution on the Budget or 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985, as amended. 

17 For fiscal year 2012 the requirements of section 513 

18 of the Federal Water Pollution Control Act (33 U.S.C. 

19 1372) shall apply to the construction of treatment works 

20 carried out in whole or in part with assistance made avail21 able by a State water pollution control revolving fund as 

22 authorized by title VI of that Act (33 U.S.C. 1381 et seq.), 

23 or with assistance made available under section 205(m) 

24 of that Act (33 U.S.C. 1285(m)), or both. 


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1 For fiscal year 2012 the requirements of section 

2 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j– 

3 9(e)) shall apply to any construction project carried out 

4 in whole or in part with assistance made available by a 

5 drinking water treatment revolving loan fund as author6 ized by section 1452 of that Act (42 U.S.C. 300j–12). 

7 TITLE III—RELATED AGENCIES 

8 DEPARTMENT OF AGRICULTURE 

9 FOREST SERVICE

10 FOREST AND RANGELAND RESEARCH

11 For necessary expenses of forest and rangeland re12 search as authorized by law, $277,282,000, to remain 

13 available until expended: Provided, That of the funds pro14 vided, $66,805,000 is for the forest inventory and analysis 

15 program: Provided further, That of the funds provided, no 

16 less than $29,161,000 is for the forest products labora17 tory. 

18 STATE AND PRIVATE FORESTRY

19 For necessary expenses of cooperating with and pro20 viding technical and financial assistance to States, terri21 tories, possessions, and others, and for forest health man22 agement, including treatments of pests, pathogens, and 

23 invasive or noxious plants and for restoring and rehabili24 tating forests damaged by pests or invasive plants, cooper25 ative forestry, and education and land conservation activiVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 ties as authorized, and conducting an international pro2 gram as authorized, $208,608,000, to remain available 

3 until expended, as authorized by law; of which $3,000,000 

4 is to be derived from the Land and Water Conservation 

5 Fund and shall remain available until expended. 

6 NATIONAL FOREST SYSTEM

7 For necessary expenses of the Forest Service, not 

8 otherwise provided for, for management, protection, im9 provement, and utilization of the National Forest System, 

10 $1,546,463,000, to remain available until expended: Pro11 vided, That of the funds provided, $336,722,000 shall be 

12 for forest products: Provided further, That of the funds 

13 provided, $30,000,000 shall be deposited in the Collabo14 rative Forest Landscape Restoration Fund for ecological 

15 restoration treatments as authorized by 16 U.S.C. 

16 7303(f): Provided further, That of the funds provided, up 

17 to $122,600,000 is for the Integrated Resource Restora18 tion pilot program for Region 1, Region 3 and Region 4. 

19 CAPITAL IMPROVEMENT AND MAINTENANCE

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Forest Service, not 

22 otherwise provided for, $378,088,000, to remain available 

23 until expended, for construction, capital improvement, 

24 maintenance and acquisition of buildings and other facili25 ties and infrastructure; and for construction, reconstrucVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 tion, and maintenance of forest roads and trails by the 

2 Forest Service as authorized by 16 U.S.C. 532–538 and 

3 23 U.S.C. 101 and 205: Provided, That $35,000,000 shall 

4 be designated for urgently needed road decommissioning, 

5 road and trail repair and maintenance and associated ac6 tivities, and removal of fish passage barriers, especially in 

7 areas where Forest Service roads may be contributing to 

8 water quality problems in streams and water bodies which 

9 support threatened, endangered, or sensitive species or 

10 community water sources: Provided further, That funds 

11 becoming available in fiscal year 2012 under the Act of 

12 March 4, 1913 (16 U.S.C. 501) shall be transferred to 

13 the General Fund of the Treasury and shall not be avail14 able for transfer or obligation for any other purpose unless 

15 the funds are appropriated: Provided further, That of the 

16 funds provided for decommissioning of roads, up to 

17 $9,000,000 may be transferred to the ‘‘National Forest 

18 System’’ to support the Integrated Resource Restoration 

19 pilot program. 

20 LAND ACQUISITION

21 For expenses necessary to carry out the provisions 

22 of the Land and Water Conservation Fund Act of 1965, 

23 as amended (16 U.S.C. 460l–4 through 11), including ad24 ministrative expenses, and for acquisition of land or 

25 waters, or interest therein, in accordance with statutory 


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1 authority applicable to the Forest Service, $12,500,000, 

2 to be derived from the Land and Water Conservation 

3 Fund and to remain available until expended. 

4 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

5 ACTS

6 For acquisition of lands within the exterior bound7 aries of the Cache, Uinta, and Wasatch National Forests, 

8 Utah; the Toiyabe National Forest, Nevada; and the An9 geles, San Bernardino, Sequoia, and Cleveland National 

10 Forests, California, as authorized by law, $955,000, to be 

11 derived from forest receipts. 

12 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

13 For acquisition of lands, such sums, to be derived 

14 from funds deposited by State, county, or municipal gov15 ernments, public school districts, or other public school au16 thorities, and for authorized expenditures from funds de17 posited by non-Federal parties pursuant to Land Sale and 

18 Exchange Acts, pursuant to the Act of December 4, 1967, 

19 as amended (16 U.S.C. 484a), to remain available until 

20 expended. 

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, pro23 tection, and improvement, 50 percent of all moneys re24 ceived during the prior fiscal year, as fees for grazing do25 mestic livestock on lands in National Forests in the 16 


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1 Western States, pursuant to section 401(b)(1) of Public 

2 Law 94–579, as amended, to remain available until ex3 pended, of which not to exceed 6 percent shall be available 

4 for administrative expenses associated with on-the-ground 

5 range rehabilitation, protection, and improvements. 

6 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

7 RANGELAND RESEARCH

8 For expenses authorized by 16 U.S.C. 1643(b), 

9 $45,000, to remain available until expended, to be derived 

10 from the fund established pursuant to the above Act. 

11 MANAGEMENT OF NATIONAL FOREST LANDS FOR

12 SUBSISTENCE USES

13 For necessary expenses of the Forest Service to man14 age Federal lands in Alaska for subsistence uses under 

15 title VIII of the Alaska National Interest Lands Conserva16 tion Act (Public Law 96–487), $2,000,000, to remain 

17 available until expended. 

18 WILDLAND FIRE MANAGEMENT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses for forest fire presuppression 

21 activities on National Forest System lands, for emergency 

22 fire suppression on or adjacent to such lands or other 

23 lands under fire protection agreement, hazardous fuels re24 duction on or adjacent to such lands, and for emergency 

25 rehabilitation of burned-over National Forest System 


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1 lands and water, $1,805,099,000, to remain available until 

2 expended: Provided, That such funds including unobli3 gated balances under this heading, are available for repay4 ment of advances from other appropriations accounts pre5 viously transferred for such purposes: Provided further, 

6 That such funds shall be available to reimburse State and 

7 other cooperating entities for services provided in response 

8 to wildfire and other emergencies or disasters to the extent 

9 such reimbursements by the Forest Service for non-fire 

10 emergencies are fully repaid by the responsible emergency 

11 management agency: Provided further, That amounts in 

12 this paragraph may be transferred to the ‘‘State and Pri13 vate Forestry’’, ‘‘National Forest System’’, and ‘‘Forest 

14 and Rangeland Research’’ accounts to fund State fire as15 sistance, volunteer fire assistance, forest health manage16 ment, forest and rangeland research, the Joint Fire 

17 Science Program, vegetation and watershed management, 

18 heritage site rehabilitation, and wildlife and fish habitat 

19 management and restoration: Provided further, That the 

20 costs of implementing any cooperative agreement between 

21 the Federal Government and any non-Federal entity may 

22 be shared, as mutually agreed on by the affected parties: 

23 Provided further, That of the funds provided herein, the 

24 Secretary of Agriculture may enter into procurement con25 tracts or cooperative agreements, or issue grants for hazVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 ardous fuels reduction activities and for training and mon2 itoring associated with such hazardous fuels reduction ac3 tivities, on Federal land, or on adjacent non-Federal land 

4 for activities that benefit resources on Federal land: Pro5 vided further, That the Secretary of the Interior and the 

6 Secretary of Agriculture may authorize the transfer of 

7 funds appropriated for wildland fire management, in an 

8 aggregate amount not to exceed $10,000,000, between the 

9 Departments when such transfers would facilitate and ex10 pedite jointly funded wildland fire management programs 

11 and projects: Provided further, That of the funds provided 

12 for hazardous fuels reduction, not to exceed $5,000,000, 

13 may be used to make grants, using any authorities avail14 able to the Forest Service under the State and Private 

15 Forestry appropriation, for the purpose of creating incen16 tives for increased use of biomass from national forest 

17 lands: Provided further, That no amounts may be cancelled 

18 from amounts that were designated by the Congress as 

19 an emergency requirement pursuant to the Concurrent 

20 Resolution on the Budget or the Balanced Budget and 

21 Emergency Deficit Control Act of 1985, as amended: Pro22 vided further, That, before obligating any of the funds pro23 vided herein for wildland fire suppression, the Secretary 

24 of Agriculture shall obligate all unobligated balances pre25 viously made available under this heading that, when apVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 propriated, were designated by Congress as an emergency 

2 requirement pursuant to the Concurrent Resolution on the 

3 Budget or the Balanced Budget and Emergency Deficit 

4 Control Act of 1985: Provided further, That the Secretary 

5 of Agriculture may transfer not more than $50,000,000 

6 of the funds provided herein to the Secretary of the Inte7 rior if the Secretaries determine that the transfer will en8 hance the efficiency or effectiveness of Federal wildland 

9 fire suppression activities: Provided further, That of the 

10 funds for hazardous fuels reduction, up to $27,100,000 

11 may be transferred to the ‘‘National Forest System’’ to 

12 support the Integrated Resource Restoration pilot pro13 gram. 

14 FLAME WILDFIRE SUPPRESSION RESERVE FUND

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for large fire suppression op17 erations of the Department of Agriculture and as a reserve 

18 fund for suppression and Federal emergency response ac19 tivities, $290,418,000, to remain available until expended: 

20 Provided, That such amounts are available only for trans21 fer to the ‘‘Wildland Fire Management’’ account and only 

22 following a declaration by the Secretary that either (1) 

23 a wildland fire suppression event meets certain previously24 established risk-based written criteria for significant com25 plexity, severity, or threat posed by the fire or (2) funds 


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1 in the ‘‘Wildland Fire Management’’ account will be ex2 hausted within 30 days. 

3 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

4 (INCLUDING TRANSFERS OF FUNDS)

5 Appropriations to the Forest Service for the current 

6 fiscal year shall be available for: (1) purchase of passenger 

7 motor vehicles; acquisition of passenger motor vehicles 

8 from excess sources, and hire of such vehicles; purchase, 

9 lease, operation, maintenance, and acquisition of aircraft 

10 from excess sources to maintain the operable fleet for use 

11 in Forest Service wildland fire programs and other Forest 

12 Service programs; notwithstanding other provisions of law, 

13 existing aircraft being replaced may be sold, with proceeds 

14 derived or trade-in value used to offset the purchase price 

15 for the replacement aircraft; (2) services pursuant to 7 

16 U.S.C. 2225, and not to exceed $100,000 for employment 

17 under 5 U.S.C. 3109; (3) purchase, erection, and alter18 ation of buildings and other public improvements (7 

19 U.S.C. 2250); (4) acquisition of land, waters, and inter20 ests therein pursuant to 7 U.S.C. 428a; (5) expenses pur21 suant to the Volunteers in the National Forest Act of 

22 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

23 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

24 (7) debt collection contracts in accordance with 31 U.S.C. 

25 3718(c). 


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1 Any appropriations or funds available to the Forest 

2 Service may be transferred to the Wildland Fire Manage3 ment appropriation for forest firefighting, emergency re4 habilitation of burned-over or damaged lands or waters 

5 under its jurisdiction, and fire preparedness due to severe 

6 burning conditions upon the Secretary’s notification of the 

7 House and Senate Committees on Appropriations that all 

8 fire suppression funds appropriated under the headings 

9 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 

10 Suppression Reserve Fund’’ will be obligated within 30 

11 days. 

12 Funds appropriated to the Forest Service shall be 

13 available for assistance to or through the Agency for Inter14 national Development in connection with forest and range15 land research, technical information, and assistance in for16 eign countries, and shall be available to support forestry 

17 and related natural resource activities outside the United 

18 States and its territories and possessions, including tech19 nical assistance, education and training, and cooperation 

20 with United States, private organizations, and inter21 national organizations. 

22 Of the funds available to the Forest Service up to 

23 $5,000,000 shall be available for priority projects within 

24 the scope of the approved budget, which shall be carried 

25 out by the Youth Conservation Corps and shall be carried 


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1 out under the authority of the Public Lands Corps Act 

2 of 1993, Public Law 103–82, as amended by Public Lands 

3 Corps Healthy Forests Restoration Act of 2005, Public 

4 Law 109–154. 

5 Of the funds available to the Forest Service, $4,000 

6 is available to the Chief of the Forest Service for official 

7 reception and representation expenses. 

8 Pursuant to sections 405(b) and 410(b) of Public 

9 Law 101–593, of the funds available to the Forest Service, 

10 up to $3,000,000 may be advanced in a lump sum to the 

11 National Forest Foundation to aid conservation partner12 ship projects in support of the Forest Service mission, 

13 without regard to when the Foundation incurs expenses, 

14 for projects on or benefitting National Forest System 

15 lands or related to Forest Service programs: Provided, 

16 That of the Federal funds made available to the Founda17 tion, no more than $300,000 shall be available for admin18 istrative expenses: Provided further, That the Foundation 

19 shall obtain, by the end of the period of Federal financial 

20 assistance, private contributions to match on at least one21 for-one basis funds made available by the Forest Service: 

22 Provided further, That the Foundation may transfer Fed23 eral funds to Federal or a non-Federal recipient for a 

24 project at the same rate that the recipient has obtained 

25 the non-Federal matching funds: Provided further, That 


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1 authorized investments of Federal funds held by the Foun2 dation may be made only in interest-bearing obligations 

3 of the United States or in obligations guaranteed as to 

4 both principal and interest by the United States. 

5 Pursuant to section 2(b)(2) of Public Law 98–244, 

6 $3,000,000 of the funds available to the Forest Service 

7 may be advanced to the National Fish and Wildlife Foun8 dation in a lump sum to aid cost-share conservation 

9 projects, without regard to when expenses are incurred, 

10 on or benefitting National Forest System lands or related 

11 to Forest Service programs: Provided, That such funds 

12 shall be matched on at least a one-for-one basis by the 

13 Foundation or its sub-recipients: Provided further, That 

14 the Foundation may transfer Federal funds to a Federal 

15 or non-Federal recipient for a project at the same rate 

16 that the recipient has obtained the non-Federal matching 

17 funds. 

18 Funds appropriated to the Forest Service shall be 

19 available for interactions with and providing technical as20 sistance to rural communities and natural resource-based 

21 businesses for sustainable rural development purposes. 

22 Of the funds available to the Forest Service, an 

23 amount not to exceed $55,000,000 shall be assessed for 

24 the purpose of performing fire, administrative and other 

25 facilities maintenance. Such assessments shall occur using 


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1 a square foot rate charged on the same basis the agency 

2 uses to assess programs for payment of rent, utilities, and 

3 other support services. 

4 Notwithstanding any other provision of law, any ap5 propriations or funds available to the Forest Service not 

6 to exceed $500,000 may be used to reimburse the Office 

7 of the General Counsel (OGC), Department of Agri8 culture, for travel and related expenses incurred as a re9 sult of OGC assistance or participation requested by the 

10 Forest Service at meetings, training sessions, management 

11 reviews, land purchase negotiations and similar non-litiga12 tion related matters. Future budget justifications for both 

13 the Forest Service and Department of Agriculture should 

14 clearly display the sums previously transferred and the re15 quested funding transfers. 

16 None of the funds available to the Forest Service may 

17 be reprogrammed without the advance approval of the 

18 House and Senate Committees on Appropriations in ac19 cordance with the reprogramming procedures contained in 

20 the joint explanatory statement of the managers accom21 panying this Act. 


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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion Act, the Indian Health Care Improvement Act, and 

8 titles II and III of the Public Health Service Act with re9 spect to the Indian Health Service, $4,034,322,000 to10 gether with payments received during the fiscal year pur11 suant to 42 U.S.C. 238(b) and 238b for services furnished 

12 by the Indian Health Service: Provided, That funds made 

13 available to tribes and tribal organizations through con14 tracts, grant agreements, or any other agreements or com15 pacts authorized by the Indian Self-Determination and 

16 Education Assistance Act of 1975 (25 U.S.C. 450), shall 

17 be deemed to be obligated at the time of the grant or con18 tract award and thereafter shall remain available to the 

19 tribe or tribal organization without fiscal year limitation: 

20 Provided further, That $836,685,000 for contract medical 

21 care, including $51,500,000 for the Indian Catastrophic 

22 Health Emergency Fund, shall remain available until ex23 pended: Provided further, That of the funds provided, up 

24 to $36,000,000 shall remain available until expended for 

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1 tion 108 of the Indian Health Care Improvement Act: Pro2 vided further, That the amounts collected by the Federal 

3 Government as authorized by sections 104 and 108 of the 

4 Indian Health Care Improvement Act (25 U.S.C. 1613a 

5 and 1616a) during the preceding fiscal year for breach 

6 of contracts shall be deposited to the Fund authorized by 

7 section 108A of the Act (25 U.S.C. 1616a–1) and shall 

8 remain available until expended and, notwithstanding sec9 tion 108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds 

10 shall be available to make new awards under the loan re11 payment and scholarship programs under sections 104 

12 and 108 of the Act (25 U.S.C. 1613a and 1616a): Pro13 vided further, That $16,391,000 is provided for the meth14 amphetamine and suicide prevention and treatment initia15 tive and $10,000,000 is provided for the domestic violence 

16 prevention initiative and, notwithstanding any other provi17 sion of law, the amounts available under this proviso shall 

18 be allocated at the discretion of the Director of the Indian 

19 Health Service and shall remain available until expended: 

20 Provided further, That funds provided in this Act may be 

21 used for annual contracts and grants that fall within two 

22 fiscal years, provided the total obligation is recorded in 

23 the year the funds are appropriated: Provided further, 

24 That the amounts collected by the Secretary of Health and 

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1 dian Health Care Improvement Act shall remain available 

2 until expended for the purpose of achieving compliance 

3 with the applicable conditions and requirements of titles 

4 XVIII and XIX of the Social Security Act, except for those 

5 related to the planning, design, or construction of new fa6 cilities: Provided further, That funding contained herein 

7 for scholarship programs under the Indian Health Care 

8 Improvement Act (25 U.S.C. 1613) shall remain available 

9 until expended: Provided further, That amounts received 

10 by tribes and tribal organizations under title IV of the In11 dian Health Care Improvement Act shall be reported and 

12 accounted for and available to the receiving tribes and 

13 tribal organizations until expended: Provided further, 

14 That, notwithstanding any other provision of law, of the 

15 amounts provided herein, not to exceed $573,761,000 

16 shall be for payments to tribes and tribal organizations 

17 for contract or grant support costs associated with con18 tracts, grants, self-governance compacts, or annual fund19 ing agreements between the Indian Health Service and a 

20 tribe or tribal organization pursuant to the Indian Self21 Determination Act of 1975, as amended, prior to or dur22 ing fiscal year 2012, of which not to exceed $10,000,000 

23 may be used for contract support costs associated with 

24 new or expanded self-determination contracts, grants, self25 governance compacts, or annual funding agreements: ProVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 vided further, That the Bureau of Indian Affairs may col2 lect from the Indian Health Service, tribes and tribal orga3 nizations operating health facilities pursuant to Public 

4 Law 93–638, such individually identifiable health informa5 tion relating to disabled children as may be necessary for 

6 the purpose of carrying out its functions under the Indi7 viduals with Disabilities Education Act (20 U.S.C. 1400, 

8 et seq.): Provided further, That the Indian Health Care 

9 Improvement Fund may be used, as needed, to carry out 

10 activities typically funded under the Indian Health Facili11 ties account. 

12 INDIAN HEALTH FACILITIES

13 For construction, repair, maintenance, improvement, 

14 and equipment of health and related auxiliary facilities, 

15 including quarters for personnel; preparation of plans, 

16 specifications, and drawings; acquisition of sites, purchase 

17 and erection of modular buildings, and purchases of trail18 ers; and for provision of domestic and community sanita19 tion facilities for Indians, as authorized by section 7 of 

20 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

21 Self-Determination Act, and the Indian Health Care Im22 provement Act, and for expenses necessary to carry out 

23 such Acts and titles II and III of the Public Health Serv24 ice Act with respect to environmental health and facilities 

25 support activities of the Indian Health Service, 


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1 $427,259,000, to remain available until expended: Pro2 vided, That no less than $20,000,000 in available, unobli3 gated prior-year funds shall be used in addition to 

4 amounts provided by this Act: Provided further, That not5 withstanding any other provision of law, funds appro6 priated for the planning, design, construction, renovation 

7 or expansion of health facilities for the benefit of an In8 dian tribe or tribes may be used to purchase land on which 

9 such facilities will be located: Provided further, That not 

10 to exceed $500,000 shall be used by the Indian Health 

11 Service to purchase TRANSAM equipment from the De12 partment of Defense for distribution to the Indian Health 

13 Service and tribal facilities: Provided further, That none 

14 of the funds appropriated to the Indian Health Service 

15 may be used for sanitation facilities construction for new 

16 homes funded with grants by the housing programs of the 

17 United States Department of Housing and Urban Devel18 opment: Provided further, That not to exceed $2,700,000 

19 from this account and the ‘‘Indian Health Services’’ ac20 count shall be used by the Indian Health Service to obtain 

21 ambulances for the Indian Health Service and tribal facili22 ties in conjunction with an existing interagency agreement 

23 between the Indian Health Service and the General Serv24 ices Administration: Provided further, That not to exceed 

25 $500,000 shall be placed in a Demolition Fund, to remain 


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1 available until expended, and be used by the Indian Health 

2 Service for the demolition of Federal buildings. 

3 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

4 Appropriations provided in this Act to the Indian 

5 Health Service shall be available for services as authorized 

6 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

7 equivalent to the maximum rate payable for senior-level 

8 positions under 5 U.S.C. 5376; hire of passenger motor 

9 vehicles and aircraft; purchase of medical equipment; pur10 chase of reprints; purchase, renovation and erection of 

11 modular buildings and renovation of existing facilities; 

12 payments for telephone service in private residences in the 

13 field, when authorized under regulations approved by the 

14 Secretary; uniforms or allowances therefor as authorized 

15 by 5 U.S.C. 5901–5902; and for expenses of attendance 

16 at meetings that relate to the functions or activities of the 

17 Indian Health Service. 

18 In accordance with the provisions of the Indian 

19 Health Care Improvement Act, non-Indian patients may 

20 be extended health care at all tribally administered or In21 dian Health Service facilities, subject to charges, and the 

22 proceeds along with funds recovered under the Federal 

23 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

24 be credited to the account of the facility providing the 

25 service and shall be available without fiscal year limitation. 


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1 Notwithstanding any other law or regulation, funds trans2 ferred from the Department of Housing and Urban Devel3 opment to the Indian Health Service shall be administered 

4 under Public Law 86–121, the Indian Sanitation Facilities 

5 Act and Public Law 93–638, as amended. 

6 Funds appropriated to the Indian Health Service in 

7 this Act, except those used for administrative and program 

8 direction purposes, shall not be subject to limitations di9 rected at curtailing Federal travel and transportation. 

10 None of the funds made available to the Indian 

11 Health Service in this Act shall be used for any assess12 ments or charges by the Department of Health and 

13 Human Services unless identified in the budget justifica14 tion and provided in this Act, or approved by the House 

15 and Senate Committees on Appropriations through the re16 programming process. 

17 Notwithstanding any other provision of law, funds 

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement au20 thorized by title I or title V of the Indian Self-Determina21 tion and Education Assistance Act of 1975 (25 U.S.C. 

22 450), may be deobligated and reobligated to a self-deter23 mination contract under title I, or a self-governance agree24 ment under title V of such Act and thereafter shall remain 


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1 available to the tribe or tribal organization without fiscal 

2 year limitation. 

3 None of the funds made available to the Indian 

4 Health Service in this Act shall be used to implement the 

5 final rule published in the Federal Register on September 

6 16, 1987, by the Department of Health and Human Serv7 ices, relating to the eligibility for the health care services 

8 of the Indian Health Service until the Indian Health Serv9 ice has submitted a budget request reflecting the increased 

10 costs associated with the proposed final rule, and such re11 quest has been included in an appropriations Act and en12 acted into law. 

13 With respect to functions transferred by the Indian 

14 Health Service to tribes or tribal organizations, the Indian 

15 Health Service is authorized to provide goods and services 

16 to those entities on a reimbursable basis, including pay17 ments in advance with subsequent adjustment. The reim18 bursements received therefrom, along with the funds re19 ceived from those entities pursuant to the Indian Self-De20 termination Act, may be credited to the same or subse21 quent appropriation account from which the funds were 

22 originally derived, with such amounts to remain available 

23 until expended. 

24 Reimbursements for training, technical assistance, or 

25 services provided by the Indian Health Service will contain 


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1 total costs, including direct, administrative, and overhead 

2 associated with the provision of goods, services, or tech3 nical assistance. 

4 The appropriation structure for the Indian Health 

5 Service may not be altered without advance notification 

6 to the House and Senate Committees on Appropriations. 

7 NATIONAL INSTITUTES OF HEALTH

8 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

9 SCIENCES

10 For necessary expenses for the National Institute of 

11 Environmental Health Sciences in carrying out activities 

12 set forth in section 311(a) of the Comprehensive Environ13 mental Response, Compensation, and Liability Act of 

14 1980, as amended, and section 126(g) of the Superfund 

15 Amendments and Reauthorization Act of 1986, 

16 $79,054,000. 

17 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

18 REGISTRY

19 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

20 HEALTH

21 For necessary expenses for the Agency for Toxic Sub22 stances and Disease Registry (ATSDR) in carrying out 

23 activities set forth in sections 104(i) and 111(c)(4) of the 

24 Comprehensive Environmental Response, Compensation, 

25 and Liability Act of 1980 (CERCLA), as amended; section 


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1 118(f) of the Superfund Amendments and Reauthoriza2 tion Act of 1986 (SARA), as amended; and section 3019 

3 of the Solid Waste Disposal Act, as amended, 

4 $74,039,000, of which up to $1,000 per eligible employee 

5 of the Agency for Toxic Substance and Disease Registry 

6 shall remain available until expended for Individual Learn7 ing Accounts: Provided, That notwithstanding any other 

8 provision of law, in lieu of performing a health assessment 

9 under section 104(i)(6) of CERCLA, the Administrator 

10 of ATSDR may conduct other appropriate health studies, 

11 evaluations, or activities, including, without limitation, 

12 biomedical testing, clinical evaluations, medical moni13 toring, and referral to accredited health care providers: 

14 Provided further, That in performing any such health as15 sessment or health study, evaluation, or activity, the Ad16 ministrator of ATSDR shall not be bound by the deadlines 

17 in section 104(i)(6)(A) of CERCLA: Provided further, 

18 That none of the funds appropriated under this heading 

19 shall be available for ATSDR to issue in excess of 40 toxi20 cological profiles pursuant to section 104(i) of CERCLA 

21 during fiscal year 2012, and existing profiles may be up22 dated as necessary. 


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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $2,661,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, as amend21 ed, including hire of passenger vehicles, uniforms or allow22 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

23 for services authorized by 5 U.S.C. 3109 but at rates for 

24 individuals not to exceed the per diem equivalent to the 

25 maximum rate payable for senior level positions under 5 


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1 U.S.C. 5376, $10,000,000: Provided, That the Chemical 

2 Safety and Hazard Investigation Board (Board) shall have 

3 not more than three career Senior Executive Service posi4 tions: Provided further, That notwithstanding any other 

5 provision of law, the individual appointed to the position 

6 of Inspector General of the Environmental Protection 

7 Agency (EPA) shall, by virtue of such appointment, also 

8 hold the position of Inspector General of the Board: Pro9 vided further, That notwithstanding any other provision 

10 of law, the Inspector General of the Board shall utilize 

11 personnel of the Office of Inspector General of EPA in 

12 performing the duties of the Inspector General of the 

13 Board, and shall not appoint any individuals to positions 

14 within the Board. 

15 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Navajo and 

18 Hopi Indian Relocation as authorized by Public Law 93– 

19 531, $7,530,000, to remain available until expended: Pro20 vided, That funds provided in this or any other appropria21 tions Act are to be used to relocate eligible individuals and 

22 groups including evictees from District 6, Hopi-partitioned 

23 lands residents, those in significantly substandard hous24 ing, and all others certified as eligible and not included 

25 in the preceding categories: Provided further, That none 


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1 of the funds made available by this or any other Act may 

2 be used by the Office of Navajo and Hopi Indian Reloca3 tion to evict any single Navajo or Navajo family who, as 

4 of November 30, 1985, was physically domiciled on the 

5 lands partitioned to the Hopi Tribe unless a new or re6 placement home is provided for such household: Provided 

7 further, That no relocatee shall be provided with more 

8 than one new or replacement home: Provided further, That 

9 the Office shall relocate any certified eligible relocatees 

10 who have selected and received an approved homesite on 

11 the Navajo reservation or selected a replacement residence 

12 off the Navajo reservation or on the land acquired pursu13 ant to 25 U.S.C. 640d–10. 

14 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

15 CULTURE AND ARTS DEVELOPMENT

16 PAYMENT TO THE INSTITUTE

17 For payment to the Institute of American Indian and 

18 Alaska Native Culture and Arts Development, as author19 ized by title XV of Public Law 99–498, as amended (20 

20 U.S.C. 56 part A), $7,900,000. 

21 SMITHSONIAN INSTITUTION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Smithsonian Institu24 tion, as authorized by law, including research in the fields 

25 of art, science, and history; development, preservation, and 


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1 documentation of the National Collections; presentation of 

2 public exhibits and performances; collection, preparation, 

3 dissemination, and exchange of information and publica4 tions; conduct of education, training, and museum assist5 ance programs; maintenance, alteration, operation, lease 

6 agreements of no more than 30 years, and protection of 

7 buildings, facilities, and approaches; not to exceed 

8 $100,000 for services as authorized by 5 U.S.C. 3109; and 

9 purchase, rental, repair, and cleaning of uniforms for em10 ployees, $626,971,000, to remain available until Sep11 tember 30, 2013, except as otherwise provided herein; of 

12 which not to exceed $20,137,000 for the instrumentation 

13 program, collections acquisition, exhibition reinstallation, 

14 the National Museum of African American History and 

15 Culture, and the repatriation of skeletal remains program 

16 shall remain available until expended; and including such 

17 funds as may be necessary to support American overseas 

18 research centers: Provided, That funds appropriated here19 in are available for advance payments to independent con20 tractors performing research services or participating in 

21 official Smithsonian presentations. 

22 FACILITIES CAPITAL

23 For necessary expenses of repair, revitalization, and 

24 alteration of facilities owned or occupied by the Smithso25 nian Institution, by contract or otherwise, as authorized 


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1 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

2 and for construction, including necessary personnel, 

3 $124,750,000, to remain available until expended, of 

4 which not to exceed $10,000 is for services as authorized 

5 by 5 U.S.C. 3109: Provided, That beginning in fiscal year 

6 2012 and thereafter, any procurement for the construction 

7 of the National Museum of African American History and 

8 Culture, as authorized under section 8 of the National Mu9 seum of African American History and Culture Act (20 

10 U.S.C. 80r-6), may be issued which includes the full scope 

11 of the project: Provided further, That the solicitation and 

12 contract with respect to the procurement shall contain the 

13 ‘‘availability of funds’’ clause described in section 

14 52.232.18 of title 48, Code of Federal Regulations. 

15 NATIONAL GALLERY OF ART

16 SALARIES AND EXPENSES

17 For the upkeep and operations of the National Gal18 lery of Art, the protection and care of the works of art 

19 therein, and administrative expenses incident thereto, as 

20 authorized by the Act of March 24, 1937 (50 Stat. 51), 

21 as amended by the public resolution of April 13, 1939 

22 (Public Resolution 9, Seventy-sixth Congress), including 

23 services as authorized by 5 U.S.C. 3109; payment in ad24 vance when authorized by the treasurer of the Gallery for 

25 membership in library, museum, and art associations or 


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1 societies whose publications or services are available to 

2 members only, or to members at a price lower than to the 

3 general public; purchase, repair, and cleaning of uniforms 

4 for guards, and uniforms, or allowances therefor, for other 

5 employees as authorized by law (5 U.S.C. 5901–5902); 

6 purchase or rental of devices and services for protecting 

7 buildings and contents thereof, and maintenance, alter8 ation, improvement, and repair of buildings, approaches, 

9 and grounds; and purchase of services for restoration and 

10 repair of works of art for the National Gallery of Art by 

11 contracts made, without advertising, with individuals, 

12 firms, or organizations at such rates or prices and under 

13 such terms and conditions as the Gallery may deem prop14 er, $112,185,000, of which not to exceed $3,481,000 for 

15 the special exhibition program shall remain available until 

16 expended. 

17 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

18 For necessary expenses of repair, restoration and 

19 renovation of buildings, grounds and facilities owned or 

20 occupied by the National Gallery of Art, by contract or 

21 otherwise, for lease agreements of no more than 10 years 

22 that address space needs created by the ongoing renova23 tions in the Master Facilities Plan, as authorized, 

24 $13,938,000, to remain available until expended: Pro25 vided, That contracts awarded for environmental systems, 


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1 protection systems, and exterior repair or renovation of 

2 buildings of the National Gallery of Art may be negotiated 

3 with selected contractors and awarded on the basis of con4 tractor qualifications as well as price. 

5 JOHN F. KENNEDY CENTER FOR THE PERFORMING

6 ARTS

7 OPERATIONS AND MAINTENANCE

8 For necessary expenses for the operation, mainte9 nance and security of the John F. Kennedy Center for 

10 the Performing Arts, $22,455,000. 

11 CAPITAL REPAIR AND RESTORATION

12 For necessary expenses for capital repair and restora13 tion of the existing features of the building and site of 

14 the John F. Kennedy Center for the Performing Arts, 

15 $13,650,000, to remain available until expended. 

16 WOODROW WILSON INTERNATIONAL CENTER FOR

17 SCHOLARS

18 SALARIES AND EXPENSES

19 For expenses necessary in carrying out the provisions 

20 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

21 1356) including hire of passenger vehicles and services as 

22 authorized by 5 U.S.C. 3109, $10,000,000, to remain 

23 available until September 30, 2013. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 $135,000,000 shall be available to the National Endow8 ment for the Arts for the support of projects and produc9 tions in the arts, including arts education and public out10 reach activities, through assistance to organizations and 

11 individuals pursuant to section 5 of the Act, for program 

12 support, and for administering the functions of the Act, 

13 to remain available until expended. 

14 NATIONAL ENDOWMENT FOR THE HUMANITIES

15 GRANTS AND ADMINISTRATION

16 For necessary expenses to carry out the National 

17 Foundation on the Arts and the Humanities Act of 1965, 

18 $135,000,000, to remain available until expended, of 

19 which $125,000,000 shall be available for support of ac20 tivities in the humanities, pursuant to section 7(c) of the 

21 Act and for administering the functions of the Act; and 

22 $10,000,000 shall be available to carry out the matching 

23 grants program pursuant to section 10(a)(2) of the Act, 

24 including $8,000,000 for the purposes of section 7(h): 

25 Provided, That appropriations for carrying out section 


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1 10(a)(2) of such Act shall be available for obligation only 

2 in such amounts as may be equal to the total amounts 

3 of gifts, bequests, and devises of money, and other prop4 erty accepted by the chairman or by grantees of the En5 dowment under the provisions of subsections 11(a)(2)(B) 

6 and 11(a)(3)(B) of such Act during the current and pre7 ceding fiscal years for which equal amounts have not pre8 viously been appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National En11 dowment for the Arts or to the National Endowment for 

12 the Humanities may be used to process any grant or con13 tract documents which do not include the text of 18 

14 U.S.C. 1913: Provided, That none of the funds appro15 priated to either Endowment may be used for official re16 ception and representation expenses: Provided further, 

17 That funds from nonappropriated sources may be used as 

18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants of up 

21 to $10,000, if in the aggregate this amount does not ex22 ceed 5 percent of the sums appropriated for grant-making 

23 purposes per year: Provided further, That such small grant 

24 actions are taken pursuant to the terms of an expressed 


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1 and direct delegation of authority from the National Coun2 cil on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses of the Commission of Fine Arts under 

6 Chapter 91 of title 40, United States Code, $2,234,000: 

7 Provided, That the Commission is authorized to charge 

8 fees to cover the full costs of its publications, and such 

9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 

11 appropriation: Provided further, That the Commission is 

12 authorized to accept gifts, including objects, papers, art13 work, drawings and artifacts, that pertain to the history 

14 and design of the Nation’s Capital or the history and ac15 tivities of the Commission of Fine Arts, for the purpose 

16 of artistic display, study or education. 

17 ADVISORY COUNCIL ON HISTORIC PRESERVATION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Advisory Council on 

20 Historic Preservation (Public Law 89–665, as amended), 

21 $5,498,000. 

22 NATIONAL CAPITAL PLANNING COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the National Capital Plan25 ning Commission under Chapter 87 of title 40, United 


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1 States Code, including services as authorized by 5 U.S.C. 

2 3109, $8,133,000. 

3 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

4 HOLOCAUST MEMORIAL MUSEUM

5 For expenses of the Holocaust Memorial Museum, as 

6 authorized by Public Law 106–292 (36 U.S.C. 2301– 

7 2310), $50,524,000, of which $515,000 shall remain 

8 available until September 30, 2014, for the Museum’s 

9 equipment replacement program; and of which $1,900,000 

10 for the Museum’s repair and rehabilitation program and 

11 $1,264,000 for the Museum’s outreach initiatives program 

12 shall remain available until expended. 

13 PRESIDIO TRUST

14 PRESIDIO TRUST FUND

15 For necessary expenses to carry out title I of the Om16 nibus Parks and Public Lands Management Act of 1996, 

17 $12,000,000 shall be available to the Presidio Trust, to 

18 remain available until expended. 

19 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses, including the costs of con22 struction design, of the Dwight D. Eisenhower Memorial 

23 Commission, $2,000,000, to remain available until ex24 pended. 


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1 CAPITAL CONSTRUCTION

2 For necessary expenses of the Dwight D. Eisenhower 

3 Memorial Commission for design and construction of a 

4 memorial in honor of Dwight D. Eisenhower, as author5 ized by Public Law 106–79, $28,000,000, to remain avail6 able until expended: Provided, That beginning in fiscal 

7 year 2012 and thereafter, any procurement for the con8 struction of the permanent memorial to Dwight D. Eisen9 hower, as authorized by section 8162 of the Department 

10 of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; 

11 Public Law 106–79), as amended by section 8120 of the 

12 Department of Defense Appropriations Act, 2002 (Public 

13 Law 107–117), may be issued which includes the full 

14 scope of the project: Provided further, That the solicitation 

15 and contract with respect to the procurement shall contain 

16 the ‘‘availability of funds’’ clause described in section 

17 52.232.18 of title 48, Code of Federal Regulations. 

18 TITLE IV—GENERAL PROVISIONS 

19 LIMITATION ON CONSULTING SERVICES

20 SEC. 401. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

23 to those contracts where such expenditures are a matter 

24 of public record and available for public inspection, except 


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1 where otherwise provided under existing law, or under ex2 isting Executive Order issued pursuant to existing law. 

3 RESTRICTION ON USE OF FUNDS

4 SEC. 402. No part of any appropriation contained in 

5 this Act shall be available for any activity or the publica6 tion or distribution of literature that in any way tends to 

7 promote public support or opposition to any legislative 

8 proposal on which Congressional action is not complete 

9 other than to communicate to Members of Congress as 

10 described in 18 U.S.C. 1913. 

11 OBLIGATION OF APPROPRIATIONS

12 SEC. 403. No part of any appropriation contained in 

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly so provided herein. 

15 PROHIBITION ON USE OF FUNDS FOR PERSONAL

16 SERVICES

17 SEC. 404. None of the funds provided in this Act to 

18 any department or agency shall be obligated or expended 

19 to provide a personal cook, chauffeur, or other personal 

20 servants to any officer or employee of such department 

21 or agency except as otherwise provided by law. 

22 DISCLOSURE OF ADMINISTRATIVE EXPENSES

23 SEC. 405. Estimated overhead charges, deductions, 

24 reserves or holdbacks from programs, projects, activities 

25 and subactivities to support government-wide, departVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 mental, agency, or bureau administrative functions or 

2 headquarters, regional, or central operations shall be pre3 sented in annual budget justifications and subject to ap4 proval by the Committees on Appropriations of the House 

5 of Representatives and the Senate. Changes to such esti6 mates shall be presented to the Committees on Appropria7 tions for approval. 

8 GIANT SEQUOIA

9 SEC. 406. None of the funds in this Act may be used 

10 to plan, prepare, or offer for sale timber from trees classi11 fied as giant sequoia (Sequoiadendron giganteum) which 

12 are located on National Forest System or Bureau of Land 

13 Management lands in a manner different than such sales 

14 were conducted in fiscal year 2011. 

15 MINING APPLICATIONS

16 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

17 funds appropriated or otherwise made available pursuant 

18 to this Act shall be obligated or expended to accept or 

19 process applications for a patent for any mining or mill 

20 site claim located under the general mining laws. 

21 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

22 the Secretary of the Interior determines that, for the claim 

23 concerned (1) a patent application was filed with the Sec24 retary on or before September 30, 1994; and (2) all re25 quirements established under sections 2325 and 2326 of 


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1 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

2 lode claims, sections 2329, 2330, 2331, and 2333 of the 

3 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

4 claims, and section 2337 of the Revised Statutes (30 

5 U.S.C. 42) for mill site claims, as the case may be, were 

6 fully complied with by the applicant by that date. 

7 (c) REPORT.—On September 30, 2013, the Secretary 

8 of the Interior shall file with the House and Senate Com9 mittees on Appropriations and the Committee on Natural 

10 Resources of the House and the Committee on Energy and 

11 Natural Resources of the Senate a report on actions taken 

12 by the Department under the plan submitted pursuant to 

13 section 314(c) of the Department of the Interior and Re14 lated Agencies Appropriations Act, 1997 (Public Law 

15 104–208). 

16 (d) MINERAL EXAMINATIONS.—In order to process 

17 patent applications in a timely and responsible manner, 

18 upon the request of a patent applicant, the Secretary of 

19 the Interior shall allow the applicant to fund a qualified 

20 third-party contractor to be selected by the Director of the 

21 Bureau of Land Management to conduct a mineral exam22 ination of the mining claims or mill sites contained in a 

23 patent application as set forth in subsection (b). The Bu24 reau of Land Management shall have the sole responsi25 bility to choose and pay the third-party contractor in acVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 cordance with the standard procedures employed by the 

2 Bureau of Land Management in the retention of third3 party contractors. 

4 CONTRACT SUPPORT COSTS

5 SEC. 408. Notwithstanding any other provision of 

6 law, amounts appropriated to or otherwise designated in 

7 committee reports for the Bureau of Indian Affairs and 

8 the Indian Health Service by Public Laws 103–138, 103– 

9 332, 104–134, 104–208, 105–83, 105–277, 106–113, 

10 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 

11 109–289, division B and Continuing Appropriations Reso12 lution, 2007 (division B of Public Law 109–289, as 

13 amended by Public Laws 110–5 and 110–28), Public 

14 Laws 110–92, 110–116, 110–137, 110–149, 110–161, 

15 110–329, 111–6, 111–8, 111–88 and 112–10 for pay16 ments for contract support costs associated with self-de17 termination or self-governance contracts, grants, com18 pacts, or annual funding agreements with the Bureau of 

19 Indian Affairs or the Indian Health Service as funded by 

20 such Acts, are the total amounts available for fiscal years 

21 1994 through 2011 for such purposes, except that the Bu22 reau of Indian Affairs, tribes and tribal organizations may 

23 use their tribal priority allocations for unmet contract sup24 port costs of ongoing contracts, grants, self-governance 

25 compacts, or annual funding agreements. 


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1 FOREST MANAGEMENT PLANS

2 SEC. 409. The Secretary of Agriculture shall not be 

3 considered to be in violation of section 6(f)(5)(A) of the 

4 Forest and Rangeland Renewable Resources Planning Act 

5 of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more 

6 than 15 years have passed without revision of the plan 

7 for a unit of the National Forest System. Nothing in this 

8 section exempts the Secretary from any other requirement 

9 of the Forest and Rangeland Renewable Resources Plan10 ning Act (16 U.S.C. 1600 et seq.) or any other law: Pro11 vided, That if the Secretary is not acting expeditiously and 

12 in good faith, within the funding available, to revise a plan 

13 for a unit of the National Forest System, this section shall 

14 be void with respect to such plan and a court of proper 

15 jurisdiction may order completion of the plan on an accel16 erated basis: Provided further, That, notwithstanding the 

17 issuance of a new final planning rule prescribing the pro18 cedures to be used to develop, amend, or revise land and 

19 resource management plans for units of the National For20 est System, the existing 1982 planning rule procedures 

21 and the 2000 planning rule procedures, including its tran22 sition provisions allowing the Forest Service to continue 

23 to use the 1982 planning rule procedures, shall remain 

24 in effect as alternative procedures for the development, 


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1 amendment, and revision of land and resource manage2 ment plans. 

3 PROHIBITION WITHIN NATIONAL MONUMENTS

4 SEC. 410. No funds provided in this Act may be ex5 pended to conduct preleasing, leasing and related activities 

6 under either the Mineral Leasing Act (30 U.S.C. 181 et 

7 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

8 1331 et seq.) within the boundaries of a National Monu9 ment established pursuant to the Act of June 8, 1906 (16 

10 U.S.C. 431 et seq.) as such boundary existed on January 

11 20, 2001, except where such activities are allowed under 

12 the Presidential proclamation establishing such monu13 ment. 

14 INTERNATIONAL FIREFIGHTER COOPERATIVE

15 AGREEMENTS

16 SEC. 411. In entering into agreements with foreign 

17 fire organizations pursuant to the Temporary Emergency 

18 Wildfire Suppression Act (42 U.S.C. 1856m-1856o), the 

19 Secretary of Agriculture and the Secretary of the Interior 

20 are authorized through fiscal year 2013 to enter into re21 ciprocal agreements in which the individuals furnished 

22 under such agreements to provide wildfire services are 

23 considered, for purposes of tort liability, employees of the 

24 fire organization receiving such services when the individ25 uals are engaged in fire suppression or presuppression: 


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1 Provided, That the Secretary of Agriculture or the Sec2 retary of the Interior shall not enter into any agreement 

3 under this section unless the foreign fire organization 

4 agrees to assume any and all liability for the acts or omis5 sions of American firefighters engaged in fire suppression 

6 or presuppression in a foreign country: Provided further, 

7 That when an agreement is reached for furnishing fire 

8 suppression or presuppression services, the only remedies 

9 for acts or omissions committed while engaged in fire sup10 pression or presuppression shall be those provided under 

11 the laws applicable to the fire organization receiving the 

12 fire suppression or presuppression services, and those rem13 edies shall be the exclusive remedies for any claim arising 

14 out of fire suppression or presuppression activities in a 

15 foreign country: Provided further, That neither the send16 ing country nor any legal organization associated with the 

17 firefighter shall be subject to any legal action, consistent 

18 with the applicable laws governing sovereign immunity, 

19 pertaining to or arising out of the firefighter’s role in fire 

20 suppression or presuppression, except that if the foreign 

21 fire organization is unable to provide immunity under laws 

22 applicable to it, it shall assume any and all liability for 

23 the United States or for any legal organization associated 

24 with the American firefighter, and for any and all costs 

25 incurred or assessed, including legal fees, for any act or 


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1 omission pertaining to or arising out of the firefighter’s 

2 role in fire suppression or presuppression. 

3 CONTRACTING AUTHORITIES

4 SEC. 412. In awarding a Federal contract with funds 

5 made available by this Act, notwithstanding Federal Gov6 ernment procurement and contracting laws, the Secretary 

7 of Agriculture and the Secretary of the Interior (the ‘‘Sec8 retaries’’) may, in evaluating bids and proposals, through 

9 fiscal year 2013, give consideration to local contractors 

10 who are from, and who provide employment and training 

11 for, dislocated and displaced workers in an economically 

12 disadvantaged rural community, including those histori13 cally timber-dependent areas that have been affected by 

14 reduced timber harvesting on Federal lands and other for15 est-dependent rural communities isolated from significant 

16 alternative employment opportunities: Provided, That not17 withstanding Federal Government procurement and con18 tracting laws the Secretaries may award contracts, grants 

19 or cooperative agreements to local non-profit entities, 

20 Youth Conservation Corps or related partnerships with 

21 State, local or non-profit youth groups, or small or micro22 business or disadvantaged business: Provided further, That 

23 the contract, grant, or cooperative agreement is for forest 

24 hazardous fuels reduction, watershed or water quality 

25 monitoring or restoration, wildlife or fish population moniVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 toring, road decommissioning, trail maintenance or im2 provement, or habitat restoration or management: Pro3 vided further, That the terms ‘‘rural community’’ and 

4 ‘‘economically disadvantaged’’ shall have the same mean5 ings as in section 2374 of Public Law 101–624 (16 U.S.C. 

6 6612): Provided further, That the Secretaries shall develop 

7 guidance to implement this section: Provided further, That 

8 nothing in this section shall be construed as relieving the 

9 Secretaries of any duty under applicable procurement 

10 laws, except as provided in this section. 

11 LIMITATION ON TAKINGS

12 SEC. 413. Unless otherwise provided herein, no funds 

13 appropriated in this Act for the acquisition of lands or 

14 interests in lands may be expended for the filing of dec15 larations of taking or complaints in condemnation without 

16 the approval of the House and Senate Committees on Ap17 propriations. 

18 TIMBER SALE REQUIREMENTS

19 SEC. 414. No timber sale in Alaska’s Region 10 shall 

20 be advertised if the indicated rate is deficit (defined as 

21 the value of the timber is not sufficient to cover all logging 

22 and stumpage costs and provide a normal profit and risk 

23 allowance under the Forest Service’s appraisal process) 

24 when appraised using a residual value appraisal. The west25 ern red cedar timber from those sales which is surplus 


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1 to the needs of the domestic processors in Alaska, shall 

2 be made available to domestic processors in the contiguous 

3 48 United States at prevailing domestic prices. All addi4 tional western red cedar volume not sold to Alaska or con5 tiguous 48 United States domestic processors may be ex6 ported to foreign markets at the election of the timber sale 

7 holder. All Alaska yellow cedar may be sold at prevailing 

8 export prices at the election of the timber sale holder. 

9 EXTENSION OF GRAZING PERMITS

10 SEC. 415. The terms and conditions of section 325 

11 of Public Law 108–108 (117 Stat. 1307), regarding graz12 ing permits at the Department of the Interior and the 

13 Forest Service, shall remain in effect for fiscal years 2012 

14 through 2016. A grazing permit or lease issued by the Sec15 retary of the Interior for lands administered by the Bu16 reau of Land Management that is the subject of a request 

17 for a grazing preference transfer shall be issued, without 

18 further processing, for the remaining time period in the 

19 existing permit or lease using the same mandatory terms 

20 and conditions. If the authorized officer determines a 

21 change in the mandatory terms and conditions is required, 

22 the new permit must be processed as directed in section 

23 325 of Public Law 108–108. 


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1 PROHIBITION ON USE OF FUNDS

2 SEC. 416. None of the funds made available by this 

3 Act may be distributed to the Association of Community 

4 Organizations for Reform Now (ACORN) or its subsidi5 aries. 

6 PROHIBITION ON NO-BID CONTRACTS

7 SEC. 417. None of the funds appropriated or other8 wise made available by this Act to executive branch agen9 cies may be used to enter into any Federal contract unless 

10 such contract is entered into in accordance with the re11 quirements of Chapter 33 of title 41, United States Code, 

12 or Chapter 137 of title 10, United States Code, and the 

13 Federal Acquisition Regulation, unless— 

14 (1) Federal law specifically authorizes a con15 tract to be entered into without regard for these re16 quirements, including formula grants for States, or 

17 federally recognized Indian tribes; or 

18 (2) such contract is authorized by the Indian 

19 Self-Determination and Education and Assistance 

20 Act (Public Law 93–638, 25 U.S.C. 450 et seq., as 

21 amended) or by any other Federal laws that specifi22 cally authorize a contract within an Indian tribe as 

23 defined in section 4(e) of that Act (25 U.S.C. 

24 450b(e)); or 


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1 (3) such contract was awarded prior to the date 

2 of enactment of this Act. 

3 POSTING OF REPORTS

4 SEC. 418. (a) Any agency receiving funds made avail5 able in this Act, shall, subject to subsections (b) and (c), 

6 post on the public website of that agency any report re7 quired to be submitted by the Congress in this or any 

8 other Act, upon the determination by the head of the agen9 cy that it shall serve the national interest. 

10 (b) Subsection (a) shall not apply to a report if— 

11 (1) the public posting of the report com12 promises national security; or 

13 (2) the report contains proprietary information. 

14 (c) The head of the agency posting such report shall 

15 do so only after such report has been made available to 

16 the requesting Committee or Committees of Congress for 

17 no less than 45 days. 

18 NATIONAL ENDOWMENT FOR THE ARTS GRANT

19 GUIDELINES

20 SEC. 419. Of the funds provided to the National En21 dowment for the Arts— 

22 (1) The Chairperson shall only award a grant 

23 to an individual if such grant is awarded to such in24 dividual for a literature fellowship, National HeritVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 age Fellowship, or American Jazz Masters Fellow2 ship. 

3 (2) The Chairperson shall establish procedures 

4 to ensure that no funding provided through a grant, 

5 except a grant made to a State or local arts agency, 

6 or regional group, may be used to make a grant to 

7 any other organization or individual to conduct ac8 tivity independent of the direct grant recipient. 

9 Nothing in this subsection shall prohibit payments 

10 made in exchange for goods and services. 

11 (3) No grant shall be used for seasonal support 

12 to a group, unless the application is specific to the 

13 contents of the season, including identified programs 

14 and/or projects. 

15 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

16 PRIORITIES

17 SEC. 420. (a) In providing services or awarding fi18 nancial assistance under the National Foundation on the 

19 Arts and the Humanities Act of 1965 from funds appro20 priated under this Act, the Chairperson of the National 

21 Endowment for the Arts shall ensure that priority is given 

22 to providing services or awarding financial assistance for 

23 projects, productions, workshops, or programs that serve 

24 underserved populations. 

25 (b) In this section: 


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1 (1) The term ‘‘underserved population’’ means 

2 a population of individuals, including urban minori3 ties, who have historically been outside the purview 

4 of arts and humanities programs due to factors such 

5 as a high incidence of income below the poverty line 

6 or to geographic isolation. 

7 (2) The term ‘‘poverty line’’ means the poverty 

8 line (as defined by the Office of Management and 

9 Budget, and revised annually in accordance with sec10 tion 673(2) of the Community Services Block Grant 

11 Act (42 U.S.C. 9902(2))) applicable to a family of 

12 the size involved. 

13 (c) In providing services and awarding financial as14 sistance under the National Foundation on the Arts and 

15 Humanities Act of 1965 with funds appropriated by this 

16 Act, the Chairperson of the National Endowment for the 

17 Arts shall ensure that priority is given to providing serv18 ices or awarding financial assistance for projects, produc19 tions, workshops, or programs that will encourage public 

20 knowledge, education, understanding, and appreciation of 

21 the arts. 

22 (d) With funds appropriated by this Act to carry out 

23 section 5 of the National Foundation on the Arts and Hu24 manities Act of 1965— 


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1 (1) the Chairperson shall establish a grant cat2 egory for projects, productions, workshops, or pro3 grams that are of national impact or availability or 

4 are able to tour several States; 

5 (2) the Chairperson shall not make grants ex6 ceeding 15 percent, in the aggregate, of such funds 

7 to any single State, excluding grants made under the 

8 authority of paragraph (1); 

9 (3) the Chairperson shall report to the Con10 gress annually and by State, on grants awarded by 

11 the Chairperson in each grant category under sec12 tion 5 of such Act; and 

13 (4) the Chairperson shall encourage the use of 

14 grants to improve and support community-based 

15 music performance and education. 

16 USE OF COMPETITIVE GRANT FUNDS

17 SEC. 421. Section 6(d) of Public Law 96–297 (16 

18 U.S.C. 431 note), as added by section 101 of Public Law 

19 108–126, is amended by inserting ‘‘, except funds awarded 

20 through competitive grants,’’ after ‘‘No Federal funds’’. 

21 FOREST SERVICE FACILITY REALIGNMENT AND

22 ENHANCEMENT

23 SEC. 422. Section 503(f) of the Forest Service Re24 alignment and Enhancement Act of 2005 (title V of Public 

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1 tion 422(l) of Public Law 111–8 (123 Stat. 748), is fur2 ther amended by striking ‘‘2011’’ and inserting ‘‘2016’’. 

3 SERVICE FIRST

4 SEC. 423. Section 330 of the Department of the Inte5 rior and Related Agencies Appropriations Act, 2001 (Pub6 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), 

7 concerning Service First authorities (114 Stat. 996), as 

8 amended by section 428 of Public Law 109–54 (119 Stat. 

9 555–556) and section 418 of Public Law 111–8, is amend10 ed— 

11 (1) by striking in the first sentence ‘‘In fiscal 

12 years 2001 through 2011’’, and inserting ‘‘In fiscal 

13 year 2012 and each fiscal year thereafter’’; 

14 (2) by deleting in the first sentence ‘‘may estab15 lish pilot programs’’. 

16 FEDERAL, STATE, COOPERATIVE FOREST, RANGE-LAND

17 AND WATERSHED RESTORATION IN UTAH

18 SEC. 424. The authority provided by section 337 of 

19 the Department of the Interior and Related Agencies Ap20 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

21 3012), as amended, shall remain in effect until September 

22 30, 2013. 

23 STATUS OF BALANCES OF APPROPRIATIONS

24 SEC. 425. The Department of the Interior, the Envi25 ronmental Protection Agency, the Forest Service and the 


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1 Indian Health Service shall provide the Committees on 

2 Appropriations of the House of Representatives and Sen3 ate a quarterly report on the status of balances of appro4 priations. For balances that are unobligated and uncom5 mitted, committed, and obligated but unexpended, the 

6 quarterly reports shall separately identify the amounts at7 tributable to each source year of appropriation from which 

8 the balances were derived. Initial reports shall be sub9 mitted to the Committees on Appropriations within 30 

10 days of the end of the first quarter of fiscal year 2012. 

11 Subsequent reports shall be submitted within 30 days of 

12 the end of each quarter thereafter. 

13 REPORT ON USE OF CLIMATE CHANGE FUNDS

14 SEC. 426. Not later than 120 days after the date on 

15 which the President’s fiscal year 2013 budget request is 

16 submitted to Congress, the President shall submit a com17 prehensive report to the Committee on Appropriations of 

18 the House of Representatives and the Committee on Ap19 propriations of the Senate describing in detail all Federal 

20 agency funding, domestic and international, for climate 

21 change programs, projects and activities in fiscal year 

22 2011 and fiscal year 2012, including an accounting of 

23 funding by agency with each agency identifying climate 

24 change programs, projects and activities and associated 

25 costs by line item as presented in the President’s Budget 


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1 Appendix, and including citations and linkages where 

2 practicable to each strategic plan that is driving funding 

3 within each climate change program, project and activity 

4 listed in the report. 

5 STEWARDSHIP CONTRACTING

6 SEC. 427. Section 347(a) of the Department of the 

7 Interior and Related Agencies Appropriations Act, 1999 

8 (16 U.S.C. 2104 note; Public Law 105–277) is amended 

9 by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep10 tember 30, 2023’’. 

11 PROHIBITION ON USE OF FUNDS

12 SEC. 428. Notwithstanding any other provision of 

13 law, none of the funds made available in this Act or any 

14 other Act may be used to promulgate or implement any 

15 regulation requiring the issuance of permits under title V 

16 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

17 dioxide, nitrous oxide, water vapor, or methane emissions 

18 resulting from biological processes associated with live19 stock production. 

20 GREENHOUSE GAS REPORTING RESTRICTIONS

21 SEC. 429. Notwithstanding any other provision of 

22 law, none of the funds made available in this or any other 

23 Act may be used to implement any provision in a rule, 

24 if that provision requires mandatory reporting of green25 house gas emissions from manure management systems. 


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1 INDIAN EMPLOYMENT, TRAINING AND RELATED

2 SERVICES

3 SEC. 430. Notwithstanding any other provision of 

4 law, and notwithstanding any auditing or reporting cir5 cular of the Office of Management and Budget or related 

6 compliance memoranda, hereinbefore and hereinafter (1) 

7 any funds supplied by any Federal department or agency 

8 to carry out a plan under Public Law 102–477 (the Indian 

9 Employment, Training and Related Services Demonstra10 tion Act), as amended, shall be consolidated and made 

11 available to the applicable Indian tribe or tribal organiza12 tion pursuant to an existing contract, compact, or funding 

13 agreement under title I or title IV of Public Law 93–638 

14 (the Indian Self-Determination and Education Assistance 

15 Act), as amended; and (2) no Indian tribe or tribal organi16 zation carrying out such a plan shall be required to sepa17 rately account for the expenditure of the funds of each 

18 Federal department or agency after the date on which the 

19 funds are consolidated and paid to the Indian tribe or trib20 al organization. 

21 STATIONARY SOURCE GREENHOUSE GAS PROHIBITION

22 SEC. 431. (a) During the one year period com23 mencing on the date of enactment of this Act— 

24 (1) the Administrator of the Environmental Protec25 tion Agency shall not propose or promulgate any regulaVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 tion regarding the emissions of greenhouse gases from sta2 tionary sources to address climate change, except this 

3 paragraph does not apply to— 

4 (A) regulations promulgated under title VI of 

5 the Clean Air Act (42 U.S.C. 7671 et seq.); or 

6 (B) regulations designed to limit or defer exist7 ing greenhouse gas regulation of stationary sources; 

8 (2) any Federal statutory or regulatory provision re9 quiring a permit (or permit condition) under the Clean 

10 Air Act (42 U.S.C. 7401 et seq.) for emissions of green11 house gases from a stationary source to address climate 

12 change shall be of no legal effect; 

13 (3) any federally enforceable permit condition for 

14 emissions of greenhouse gases from a stationary source 

15 to address climate change in a permit under the Clean 

16 Air Act (42 U.S.C. 7401 et seq.) issued prior to the date 

17 of enactment of this Act shall be of no legal effect; and 

18 (4) no cause of action based on Federal or State com19 mon law or civil tort (including nuisance) may be brought 

20 or maintained, and no liability, money damages, or injunc21 tive relief arising from such an action may be imposed, 

22 for— 

23 (A) any potential or actual contribution of a 

24 greenhouse gas to climate change; or 


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1 (B) any direct or indirect effect of potential or 

2 actual or past, present, or future increases in con3 centrations of a greenhouse gas. 

4 (b) Any permit for a stationary source subject to title 

5 I of the Clean Air Act (42 U.S.C. 7401 et seq.) for which 

6 an application was submitted prior to the expiration of the 

7 one year period commencing on the date of the enactment 

8 of this Act (regardless of when such permit is issued) shall 

9 not include any federally enforceable condition for green10 house gas emissions to address climate change. 

11 STREAM BUFFER

12 SEC. 432. None of the funds made available by this 

13 Act may be used to develop, carry out, implement, or oth14 erwise enforce proposed regulations published June 18, 

15 2010 (75 Fed. Reg. 34,667) by the Office of Surface Min16 ing Reclamation and Enforcement of the Department of 

17 the Interior. 

18 ENHANCED COORDINATION RESTRICTIONS

19 SEC. 433. None of the funds made available by this 

20 Act to the Environmental Protection Agency, the Corps 

21 of Engineers, or the Office of Surface Mining Reclamation 

22 and Enforcement may be used to carry out, implement, 

23 administer, or enforce any policy or procedure set forth 

24 in — 


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1 (1) the memorandum issued by the Environ2 mental Protection Agency and Department of the 

3 Army entitled ‘‘Enhanced Surface Coal Mining 

4 Pending Permit Coordination Procedures’’, dated 

5 June 11, 2009; or 

6 (2) the guidance (or any revised version there7 of) issued by the Environmental Protection Agency 

8 entitled ‘‘Improving EPA Review of Appalachian 

9 Surface Coal Mining Operations under the Clean 

10 Water Act, National Environmental Policy Act, and 

11 the Environmental Justice Executive Order’’, dated 

12 April 1, 2010. 

13 COAL COMBUSTION ASH

14 SEC. 434. None of the funds made available by this 

15 Act may be used by the Environmental Protection Agency 

16 to develop, propose, finalize, implement, administer, or en17 force any regulation that identifies or lists fossil fuel com18 bustion waste as hazardous waste subject to regulation 

19 under subtitle C of the Solid Waste Disposal Act (42 

20 U.S.C. 6921 et seq.) or otherwise makes fossil fuel com21 bustion waste subject to regulation under such subtitle. 

22 WATERS OF THE UNITED STATES

23 SEC. 435. None of the funds made available by this 

24 Act or any subsequent Act making appropriations for the 

25 Environmental Protection Agency may be used by the EnVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 vironmental Protection Agency to develop, adopt, imple2 ment, administer, or enforce a change or supplement to 

3 the rule dated November 13, 1986, or guidance documents 

4 dated January 15, 2003, and December 2, 2008, per5 taining to the definition of waters under the jurisdiction 

6 of the Federal Water Pollution Control Act (33 U.S.C. 

7 1251 et seq.). 

8 THERMAL DISCHARGES

9 SEC. 436. None of the funds made available by this 

10 Act or any other Act shall be used to further develop, fi11 nalize, implement, or enforce the proposed regulatory re12 quirements issued by the Environmental Protection Agen13 cy and published for public comment in the Federal Reg14 ister on April 20, 2011 (76 Fed. Reg. 22,174); or to de15 velop or enforce any other new regulations or requirements 

16 designed to implement section 316(b) of the Federal 

17 Water Pollution Control Act (33 U.S.C. 1312 (b)). 

18 FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS

19 SEC. 437. Hereafter, upon issuance of final regula20 tions, the Secretary of Agriculture, acting through the 

21 Chief of the Forest Service, shall apply section 105(a) of 

22 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

23 6515(a)), providing for a pre-decisional objection process, 

24 to proposed actions of the Forest Service concerning 

25 projects and activities implementing land and resource 


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1 management plans developed under the Forest and Range2 land Renewable Resources Planning Act of 1974 (16 

3 U.S.C. 1600 et seq.) in lieu of subsections (c), (d), and 

4 (e) of section 322 of Public Law 102–381 (16 U.S.C. 1612 

5 note), providing for an administrative appeal process: Pro6 vided, That if the Chief of the Forest Service determines 

7 an emergency situation exists for which immediate imple8 mentation of a proposed action is necessary, the proposed 

9 action shall not be subject to the pre-decisional objection 

10 process, and implementation shall begin immediately after 

11 the Forest Service gives notice of the final decision for 

12 the proposed action: Provided further, That this section 

13 shall not apply to an authorized hazardous fuel reduction 

14 project under title I of the Healthy Forests Restoration 

15 Act of 2003 (16 U.S.C. 6501 et seq.). 

16 SILVICULTURAL ACTIVITIES

17 SEC. 438. Section 402(l) of the Federal Water Pollu18 tion Control Act (33 U.S.C. 1342(l)) is amended by add19 ing at the end the following: 

20 ‘‘(3) SILVICULTURAL ACTIVITIES.—The Admin21 istrator shall not require a permit under this section, 

22 nor shall the Administrator directly or indirectly re23 quire any State to require a permit, for discharges 

24 of stormwater runoff from roads, the construction, 

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1 vicultural activities, or from other silvicultural activi2 ties involving nursery operations, site preparation, 

3 reforestation and subsequent cultural treatment, 

4 thinning, prescribed burning, pest and fire control, 

5 harvesting operations, or surface drainage.’’. 

6 STORMWATER DISCHARGE

7 SEC. 439. None of the funds made available by this 

8 Act or any other Act may be expended for the develop9 ment, adoption, implementation, or enforcement of regula10 tions or guidance that would expand the Federal 

11 stormwater discharge program under section 402(p) of the 

12 Federal Water Pollution Control Act (33 U.S.C. 1342(p)) 

13 to post-construction commercial or residential properties 

14 until 90 days after the Administrator of the Environ15 mental Protection Agency submits to the Committee on 

16 Transportation and Infrastructure and the Committee on 

17 Appropriations of the House of Representatives and the 

18 Committee on Environment and Public Works and the 

19 Committee on Appropriations of the Senate the study of 

20 stormwater discharges required under section 402(p)(5) of 

21 such Act (33 U.S.C. 1342(p)(5)). Such study shall in22 clude— 

23 (1) a thorough review and analysis of potential 

24 regulatory options under the stormwater program; 


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1 (2) the program’s anticipated costs (including 

2 to the Environmental Protection Agency, States, and 

3 potentially regulated entities) and benefits; and 

4 (3) a numerical identification of both relative 

5 cost effectiveness among the options and the antici6 pated water quality enhancements that would result 

7 from each option. 

8 ASSOCIATION PLACER

9 SEC. 440. Section 10101 of the Omnibus Budget 

10 Reconciliation Act of 1993 (30 U.S.C. 28f) is amended 

11 by redesignating subsections (c) and (d) as subsections (d) 

12 and (e), respectively, and inserting after subsection (b) the 

13 following new subsection: 

14 ‘‘(c) For each placer claim held by an association of 

15 2 or more persons, the claim maintenance fee shall be 

16 charged— 

17 ‘‘(1) for each 20-acre tract that is subject to 

18 the claim; and 

19 ‘‘(2) for any remaining tract (after application 

20 of paragraph (1)) that is subject to the claim.’’. 

21 FLEXIBLE AIR PERMITTING PROGRAMS

22 SEC. 441. The Administrator of the Environmental 

23 Protection Agency— 

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1 vent implementation of any flexible air permitting 

2 program under which emissions from multiple 

3 sources may be combined for purposes of deter4 mining compliance with an emissions limitation 

5 that— 

6 (A) has been submitted by a State as a re7 vision to the State implementation plan pursu8 ant to section 110 of the Clean Air Act (42 

9 U.S.C. 7410); and 

10 (B) has been adopted as part of the State 

11 implementation plan for such State prior to the 

12 date of enactment of this Act; and 

13 (2) shall take no enforcement action against the 

14 holder of an individual permit issued under an air 

15 permitting program described in paragraph (1) 

16 based on any disapproval of the program by the Ad17 ministrator prior to the date of the enactment of 

18 this Act. 

19 DOMESTIC LIVESTOCK GRAZING

20 SEC. 442. None of the funds made available by this 

21 Act or any other Act through fiscal year 2016 may be 

22 used to plan or carry out any action or any subsequent 

23 agency regulation for managing bighorn sheep (whether 

24 native or nonnative) populations on any parcel of Federal 

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1 toration Act of 2003 (16 U.S.C. 6502)) if the action may 

2 or will result in a reduction in the number of domestic 

3 livestock permitted to graze on the parcel or in the dis4 tribution of livestock on the parcel. 

5 AIR EMISSIONS FROM OUTER CONTINENTAL SHELF

6 ACTIVITIES

7 SEC. 443. (a) Section 328(a)(1) of the Clean Air Act 

8 (42 U.S.C. 7627(a)(1)) is amended by inserting before the 

9 period at the end of the second sentence the following: ‘‘, 

10 except that any air quality impact of any OCS source shall 

11 be measured or modeled, as appropriate, and determined 

12 solely with respect to the impacts in the corresponding on13 shore area’’. 

14 (b) Section 328(a)(4)(C) of the Clean Air Act (42 

15 U.S.C. 7627(a)(4)(C)) is amended in the matter following 

16 clause (iii) by striking ‘‘shall be considered direct emis17 sions from the OCS source’’ and inserting ‘‘shall be con18 sidered direct emissions from the OCS source but shall 

19 not be subject to any emission control requirement appli20 cable to the source under subpart 1 of part C of title I 

21 of this Act. For platform or drill ship exploration, an OCS 

22 source is established at the point in time when drilling 

23 commences at a location and ceases to exist when drilling 

24 activity ends at such location or is temporarily interrupted 


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1 because the platform or drill ship relocates for weather 

2 or other reasons’’. 

3 (c)(1) Section 328 of the Clean Air Act (42 U.S.C. 

4 7627) is amended by adding at the end thereof the fol5 lowing: 

6 ‘‘(d) PERMIT APPLICATION.—In the case of a com7 pleted application for a permit under this Act for platform 

8 or drill ship exploration for an OCS source— 

9 ‘‘(1) final agency action (including any recon10 sideration of the issuance or denial of such permit) 

11 shall be taken not later than 6 months after the date 

12 of filing such completed application; 

13 ‘‘(2) the Environmental Appeals Board of the 

14 Environmental Protection Agency shall have no au15 thority to consider any matter regarding the consid16 eration, issuance, or denial of such permit; 

17 ‘‘(3) no administrative stay of the effectiveness 

18 of such permit may extend beyond the date that is 

19 6 months after the date of filing such completed ap20 plication; 

21 ‘‘(4) such final agency action shall be consid22 ered to be nationally applicable under section 

23 307(b); and 

24 ‘‘(5) judicial review of such final agency action 

25 shall be available only in accordance with section 


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1 307(b) without additional administrative review or 

2 adjudication.’’. 

3 (2) Section 328(a)(4) of the Clean Air Act (42 U.S.C. 

4 7627(a)(4)) is amended by striking ‘‘For purposes of sub5 sections (a) and (b)’’ and inserting ‘‘For purposes of this 

6 subsection and subsections (b) and (d)’’. 

7 INTEGRATED RISK INFORMATION SYSTEM (IRIS)

8 SEC. 444. (a) The Administrator of the Environ9 mental Protection Agency (EPA)— 

10 (1) shall immediately implement improvements in the 

11 IRIS program in accordance with the recommendations of 

12 Chapter 7 of the National Research Council’s Review of 

13 the Environmental Protection Agency’s Draft IRIS As14 sessment of Formaldehyde; 

15 (2) shall provide a report to the authorizing and ap16 propriating Committees of the House of Representatives 

17 and Senate by December 1, 2011 describing how such rec18 ommendations have been implemented for— 

19 (A) each of the existing assessments currently 

20 underway; and 

21 (B) any new assessments. 

22 (3) shall not use any funds to take any administrative 

23 action based on any draft or final assessment that is not 

24 based on— 


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1 (A) improvements implemented in the IRIS 

2 program in accordance with the recommendations of 

3 Chapter 7 of the National Research Council’s Re4 view of the Environmental Protection Agency’s 

5 Draft IRIS Assessment of Formaldehyde; and 

6 (B) demonstration of such implementation by 

7 documentation of the activities taken to implement 

8 the recommendations. 

9 (b)(1) Utilizing funds appropriated in this Act, the 

10 Administrator shall within 90 days arrange for the Na11 tional Academy of Sciences to review the EPA report re12 quired by section (a)(2). The Academy’s review shall as13 sess the scientific, technical, and process changes being 

14 implemented or planned by EPA in the IRIS program and 

15 shall recommend modifications or additions to these 

16 changes as appropriate to improve substantially the sci17 entific and technical performance of the IRIS program. 

18 The Academy shall also identify a representative sample 

19 of up to three specific IRIS assessments nearing comple20 tion that could be reviewed to evaluate the results of the 

21 changes being implemented by the EPA. 

22 (2) Utilizing funds appropriated in this Act, the Ad23 ministrator shall arrange for the National Academy of 

24 Sciences to perform a scientific and technical review of 

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1 tion of the Academy in the review provided for in sub2 section (b)(1). 

3 (c) No funds in this Act shall be available for expend4 iture by EPA for further action of any kind on any pro5 posed rule, regulation, guidance, goal, or permit, issued 

6 after May 21, 2009 that solicited comment on a proposal 

7 that, if finalized, would result, based on application of 

8 EPA exposure assumptions, in the lowering or further 

9 lowering of any exposure level that would be within or 

10 below background concentration levels in ambient air, pub11 lic drinking water sources, soil, or sediment. 

12 ARIZONA MINERAL WITHDRAWAL PROHIBITION

13 SEC. 445. Notwithstanding any other provision of 

14 law, none of the approximately 1,010,776 acres of public 

15 lands and National Forest System lands described in Pub16 lic Land Order No. 7773; Emergency Withdrawal of Pub17 lic and National Forest System Lands, Coconino and Mo18 have Counties; AZ (76 Fed. Reg. 37826) may be with19 drawn from location and entry under the General Mining 

20 Law of 1872 (30 U.S.C. 22 et seq.) except as expressly 

21 authorized by a law enacted after the date of enactment 

22 of this Act that refers to this section. 


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1 TRAVEL MANAGEMENT RULE AND NATIONAL FOREST

2 SYSTEM LAND IN CALIFORNIA

3 SEC. 446. (a) CONSIDERATION OF ROUTES NOT

4 PREVIOUSLY CONSIDERED.—The Secretary of Agriculture 

5 shall not implement or enforce Subpart B of the Travel 

6 Management Rule (subpart B of part 212 of title 36, Code 

7 of Federal Regulations), relating to the designation of 

8 roads, trails, and areas for motor vehicle use, in an admin9 istrative unit of the National Forest System in California 

10 until the Secretary completes post-Subpart B Project 

11 Level Trail Planning of unauthorized routes in the unit 

12 not considered in Subpart B. 

13 (b) TREATMENT OF MAINTENANCE-LEVEL 3 

14 ROADS.—In implementing Subpart B of the Travel Man15 agement Rule in an administrative unit of the National 

16 Forest System in California, the Secretary of Agriculture 

17 shall not treat a maintenance-level 3 road (as defined in 

18 the Forest Service Handbook) as a ‘‘highway’’ for pur19 poses of determining applicability of division 16.5 of the 

20 California Vehicle Code (section 38000 et seq.), relating 

21 to off-highway motor vehicles. 

22 BIOLOGICAL OPINIONS

23 SEC. 447. None of the funds made available by this 

24 Act may be used to modify, cancel, or suspend the reg25 istration of a pesticide registered or reregistered under 


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1 section 3 or 4 of the Federal Insecticide, Fungicide, and 

2 Rodenticide Act (7 U.S.C.136a, 136a–1) in response to 

3 a final biological opinion or other written statement issued 

4 under section 7(b) of the Endangered Species Act of 1973 

5 (16 U.S.C. 1536(b)). 

6 PORTLAND CEMENT

7 SEC. 448. None of the funds made available by this 

8 Act may be used to implement, administer, or enforce the 

9 rule entitled ‘‘National Emission Standards for Hazardous 

10 Air Pollutants From the Portland Cement Manufacturing 

11 Industry and Standards of Performance for Portland Ce12 ment Plants’’ published by the Environmental Protection 

13 Agency on September 9, 2010 (75 Fed. Reg. 54970 et 

14 seq.). 

15 FUNDING PROHIBITION

16 SEC. 449. None of the funds made available by this 

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

18 of understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to, any cor20 poration that was convicted (or had an officer or agent 

21 of such corporation acting on behalf of the corporation 

22 convicted) of a felony criminal offense under any Federal 

23 law within the preceding 24 months. 


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1 LEAD TEST KIT

2 SEC. 450. None of the funds made available by this 

3 Act may be used to implement or enforce regulations 

4 under subpart E of part 745 of title 40, Code of Federal 

5 Regulations (commonly known as the ‘‘Lead; Renovation, 

6 Repair, and Painting Rule’’), or any subsequent amend7 ments to such regulations, until the Administrator of the 

8 Environmental Protection Agency publicizes Environ9 mental Protection Agency recognition of a commercially10 available lead test kit that meets both criteria under sec11 tion 745.88(c) of title 40, Code of Federal Regulations. 

12 LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS

13 SEC. 451. None of the funds made available by this 

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

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration with an unpaid Federal tax liability that has been 

18 assessed, for which all judicial and administrative rem19 edies have been exhausted or have lapsed, and that is not 

20 being paid in a timely manner pursuant to an agreement 

21 with the authority responsible for collecting the tax liabil22 ity. 

23 WATER QUALITY STANDARDS

24 SEC. 452. None of the funds made available by this 

25 Act may be used to implement, administer, or enforce the 


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1 rule entitled ‘‘Water Quality Standards for the State of 

2 Florida’s Lakes and Flowing Waters’’ published in the 

3 Federal Register by the Environmental Protection Agency 

4 on December 6, 2010 (75 Fed. Reg. 75762 et seq.). 

5 MOBILE SOURCE EMISSIONS

6 SEC. 453. None of the funds made available under 

7 this Act shall be used— 

8 (1) to prepare, propose, promulgate, finalize, 

9 implement, or enforce any regulation pursuant to 

10 section 202 of the Clean Air Act (42 U.S.C. 7521) 

11 regarding the regulation of any greenhouse gas 

12 emissions from new motor vehicles or new motor ve13 hicle engines that are maufactured after model year 

14 2016 to address climate change; or 

15 (2) to consider or grant a waiver under section 

16 209(b) of such Act (42 U.S.C. 7543(b)) so that a 

17 State or political subdivision thereof may adopt or 

18 attempt to enforce standards for the control of emis19 sions of any greenhouse gas from new motor vehicles 

20 or new motor vehicle engines that are manufactured 

21 after model year 2016 to address climate change. 

22 PARTICULATE MATTER

23 SEC. 454. None of the funds made available by this 

24 Act may be used to modify the national primary ambient 

25 air quality standard or the national secondary ambient air 


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1 quality standard applicable to coarse particulate matter 

2 (generally referred to as ‘‘PM10’’) under section 109 of 

3 the Clean Air Act (42 U.S.C. 7409). 

4 FINANCIAL ASSURANCE

5 SEC. 455. None of the funds made available by this 

6 Act may be used to develop, propose, finalize, implement, 

7 enforce, or administer any regulation that would establish 

8 new financial responsibility requirements pursuant to sec9 tion 108(b) of the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42 

11 U.S.C. 9608(b)). 

12 WETLANDS DESIGNATIONS IN EMERGENCIES

13 SEC. 456. None of the funds made available in this 

14 Act may be used to delineate new wetlands in any county 

15 included in a major disaster declaration as a result of 

16 flooding in the year 2011 for purposes of section 404 of 

17 the Federal Water Pollution Control Act (33 U.S.C. 

18 1344). 

19 ALASKA NATIVE REGIONAL HEALTH ENTITIES

20 SEC. 457. (a) Notwithstanding any other provision 

21 of law and until October 1, 2013,the Indian Health Serv22 ice may not disburse funds for the provision of health care 

23 services pursuant to Public Law 93–638 (25 U.S.C. 450 

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1 lage corporation that is located within the area served by 

2 an Alaska Native regional health entity. 

3 (b) Nothing in this section shall be construed to pro4 hibit the disbursal of funds to any Alaska Native village 

5 or Alaska Native village corporation under any contract 

6 or compact entered into prior to May 1, 2006, or to pro7 hibit the renewal of any such agreement. 

8 (c) For the purpose of this section, Eastern Aleutian 

9 Tribes, Inc., the Council of Athabascan Tribal Govern10 ments, and the Native Village of Eyak shall be treated 

11 as Alaska Native regional health entities to which funds 

12 may be disbursed under this section. 

13 LAND EXCHANGE NOTIFICATION

14 SEC. 458. Section 206 of the Federal Land Policy 

15 and Management Act of 1976 (43 U.S.C. 1716) is amend16 ed by adding at the end the following new subsection: 

17 ‘‘(j) In the case of any exchange involving public land 

18 or National Forest System land to be carried out (whether 

19 directly or through a third-party) under this Act or other 

20 applicable law, the Secretary concerned shall provide writ21 ten notice of the proposed land exchange to each owner 

22 of non-Federal land adjoining the parcel of public land or 

23 National Forest System land proposed for exchange and 

24 each owner of non-Federal land adjoining the non-Federal 

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1 retary shall determine adjoining landowners using the 

2 most-recent available tax records. For purposes of pro3 viding notification under this subsection, adjoining land 

4 means land sharing any length of border with the public 

5 land, National Forest System land, or non-Federal land 

6 subject to the proposed exchange, including contact solely 

7 at a boundary corner.’’. 

8 BALLAST WATER MANAGEMENT REGULATIONS

9 SEC. 459. (a) PROHIBITION.—None of the funds 

10 made available by this Act for the Environmental Protec11 tion Agency shall be provided to any State that— 

12 (1) is adjacent to one or more of the Great 

13 Lakes; and 

14 (2) has in effect a certification under section 

15 401 of the Federal Water Pollution Control Act (33 

16 U.S.C. 1341) or a State permit requirement that im17 poses on vessels that discharge ballast water into, 

18 take in ballast water from, or transit that State’s 

19 waters a performance standard for ballast water 

20 management systems, or a ballast water exchange 

21 standard, which the Commandant of the Coast 

22 Guard determines is more stringent than the fol23 lowing standards: 

24 (A) Coast Guard regulations that have 

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1 ment of this Act regarding standards for living 

2 organisms in ships’ ballast water discharged in 

3 United States waters from vessels and regard4 ing vessel open water ballast water exchange. 

5 (B) Only to the extent that the regulations 

6 described in subparagraph (A) are not in effect, 

7 the standards for the control and management 

8 of ship’s ballast water and sediment adopted by 

9 the International Maritime Organization as of 

10 the date of enactment of this Act. 

11 (b) DEFINITIONS.—In this section: 

12 (1) The term ‘‘Great Lakes’’ has the same 

13 meaning given that term in section 118(a) of the 

14 Federal Water Pollution Control Act (33 U.S.C. 

15 1268(a)). 

16 (2) The term ‘‘is more stringent than’’ means 

17 one or more of the following: 

18 (A) Includes a higher percentage efficiency 

19 of volumetric exchange of ballast water. 

20 (B) Includes a higher relative volume of 

21 pumping throughput for ballast water exchange. 

22 (C) Requires a greater distance from the 

23 nearest land or a greater depth of water for 

24 conducting ballast water exchange. 


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1 (D) Includes a ballast water management 

2 performance standard that requires a lower 

3 concentration of viable organisms. 

4 (E) Includes a ballast water management 

5 performance standard that requires a smaller 

6 minimum dimension of viable organisms. 

7 (F) Includes a ballast water management 

8 performance standard that includes additional 

9 indicator microbes. 

10 (G) Includes an earlier deadline for meet11 ing a ballast water management performance 

12 standard or a ballast water exchange standard. 

13 (H) Precludes the use of one or more bal14 last water treatment technologies approved 

15 through the applicable requirement described in 

16 subparagraphs (A) or (B) of subsection (a)(2). 

17 (I) Requires the use of one or more ballast 

18 water treatment technologies not approved by 

19 the applicable requirement described in sub20 paragraphs (A) or (B) of subsection (a)(2). 

21 PESTICIDE LABELS

22 SEC. 460. None of the funds made available by this 

23 Act may be used by the Administrator of the Environ24 mental Protection Agency to finalize the Proposed Guid25 ance on False or Misleading Pesticide Product Brand 


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1 Names, as contained in Draft Pesticide Registration No2 tice 2010–X (Docket ID EPA–HQ–OPP–2010–0282). 

3 AMMONIA REGULATION FUNDING PROHIBITION

4 SEC. 461. None of the funds made available by this 

5 Act may be used to regulate ammonia or ammonium under 

6 any national secondary ambient air quality standard for 

7 oxides of nitrogen and oxides of sulfur promulgated pursu8 ant to section 109 of the Clean Air Act (42 U.S.C. 7409). 

9 REGULATORY ECONOMIC ANALYSIS

10 SEC. 462. (a) Not later than 12 months after the 

11 date of the enactment of this Act, the Administrator of 

12 the Environmental Protection Agency (in this section re13 ferred to as the ‘‘Administrator’’) shall conduct a study, 

14 and submit a report to the Congress, on the cumulative 

15 impacts of the following rules, guidelines, and actions: 

16 (1) The following published rules (including any 

17 successor or substantially similar rule): 

18 (A) ‘‘Federal Implementation Plans To Re19 duce Interstate Transport of Fine Particulate 

20 Matter and Ozone’’, published at 75 Fed. Reg. 

21 45210 (August 2, 2010). 

22 (B) ‘‘National Ambient Air Quality Stand23 ards for Ozone’’, published at 75 Fed. Reg. 

24 2938 (January 19, 2010). 


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1 (C) ‘‘National Emission Standards for 

2 Hazardous Air Pollutants for Major Sources: 

3 Industrial, Commercial, and Institutional Boil4 ers and Process Heaters’’, published at 76 Fed. 

5 Reg. 15608 (March 21, 2011). 

6 (D) ‘‘National Emission Standards for 

7 Hazardous Air Pollutants for Area Sources: In8 dustrial, Commercial, and Institutional Boil9 ers’’, published at 76 Fed. Reg. 15554 (March 

10 21, 2011). 

11 (E) ‘‘National Emission Standards for 

12 Hazardous Air Pollutants from Coal- and Oil13 fired Electric Utility Steam Generating Units 

14 and Standards of Performance for Fossil-Fuel15 Fired Electric Utility, Industrial-Commercial16 Institutional, and Small Industrial-Commercial17 Institutional Steam Generating Units’’, signed 

18 by Administrator Lisa P. Jackson on March 16, 

19 2011. 

20 (F) ‘‘Hazardous and Solid Waste Manage21 ment System; Identification and Listing of Spe22 cial Wastes; Disposal of Coal Combustion Re23 siduals From Electric Utilities’’, published at 

24 75 Fed. Reg. 35127 (June 21, 2010). 


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1 (G) ‘‘Primary National Ambient Air Qual2 ity Standard for Sulfur Dioxide’’, published at 

3 75 Fed. Reg. 35520 (June 22, 2010). 

4 (H) ‘‘Primary National Ambient Air Qual5 ity Standards for Nitrogen Dioxide’’, published 

6 at 75 Fed. Reg. 6474 (February 9, 2010). 

7 (2) The following additional rules or guidelines 

8 promulgated on or after January 1, 2009: 

9 (A) Any rule or guideline promulgated 

10 under section 111(b) or 111(d) of the Clean Air 

11 Act (42 U.S.C. 7411(b), 7411(d)) to address 

12 climate change. 

13 (B) Any rule or guideline promulgated by 

14 the Administrator of the Environmental Protec15 tion Agency, a State, a local government, or a 

16 permitting agency under or as the result of sec17 tion 169A or 169B of the Clean Air Act (42 

18 U.S.C. 7491, 7492). 

19 (C) Any rule establishing or modifying a 

20 national ambient air quality standard under 

21 section 109 of the Clean Air Act (42 U.S.C. 

22 7409). 

23 (3) Any action on or after January 1, 2009, by 

24 the Administrator of the Environmental Protection 

25 Agency, a State, a local government, or a permitting 


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1 agency as a result of the application of part C of 

2 title I (relating to prevention of significant deteriora3 tion of air quality) or title V (relating to permitting) 

4 of the Clean Air Act (42 U.S.C. 7401 et seq.), if 

5 such application occurs with respect to an air pollut6 ant that is identified as a greenhouse gas in 

7 ‘‘Endangerment and Cause or Contribute Findings 

8 for Greenhouse Gases Under Section 202(a) of the 

9 Clean Air Act’’, published at 74 Fed. Reg. 66496 

10 (December 15, 2009). 

11 (b) In conducting the study under subsection (a), the 

12 Administrator shall consider primary and secondary im13 pacts on jobs, costs to ratepayers and consumers, impacts 

14 on electric reliability and resource adequacy, impacts to 

15 the global economic competitiveness of the United States, 

16 impacts on small business, any changes in the fuel mix 

17 used in the electric power sector and resulting impacts to 

18 the economies of communities and States where those 

19 fuels are produced, impacts to the public health and wel20 fare resulting from increased electricity costs, and any 

21 other relevant costs. 

22 (c) The Administrator shall not take final action with 

23 respect to the rule listed in subsection (a)(1)(E) (relating 

24 to national emission standards and standards of perform25 ance for certain electric generating units) until a date (to 


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1 be determined by the Administrator) that is at least 6 

2 months after the day on which the Administrator submits 

3 the report required by subsection (a). 

4 (d) Notwithstanding the final action taken with re5 spect to the rule listed in subsection (a)(1)(A) (relating 

6 to Federal implementation plans to reduce interstate 

7 transport of fine particulate matter and ozone) and final 

8 action (if any) taken with respect to the rule listed in sub9 section (a)(1)(E) prior to the date of the enactment of 

10 this Act— 

11 (1) such final action shall not be or become, as appli12 cable, effective until a date (to be determined by the Ad13 ministrator) that is at least 6 months after the day on 

14 which the Administrator submits the report required by 

15 subsection (a); and 

16 (2) the date for compliance with any standard or re17 quirement in either such finalized rule, and any date for 

18 further regulatory action triggered by either such finalized 

19 rule, shall be delayed by a period equal to the period— 

20 (A) beginning on the date of the publication of 

21 the final action for the respective finalized rule; and 

22 (B) ending on the date on which such final ac23 tion becomes effective pursuant to paragraph (1). 

24 (e) Notwithstanding any other provision of law, the 

25 Administrator shall continue to implement the Clean Air 


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1 Interstate Rule and the rule establishing Federal Imple2 mentation Plans for the Clean Air Interstate Rule as pro3 mulgated and modified by the Administrator of the Envi4 ronmental Protection Agency (70 Fed. Reg. 25162 (May 

5 12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 71 Fed. 

6 Reg. 25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 

7 19, 2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. 

8 Reg. 56721 (Nov. 3, 2009)) until the date on which final 

9 action with respect to the rule listed in subsection 

10 (a)(1)(A) becomes effective pursuant to subsection (d)(1). 

11 TITLE V—REDUCING REGULATORY BURDENS 

12 ACT OF 2011 

13 SEC. 501. SHORT TITLE. 

14 This title may be cited as the ‘‘Reducing Regulatory 

15 Burdens Act of 2011’’. 

16 SEC. 502. USE OF AUTHORIZED PESTICIDES. 

17 Section 3(f) of the Federal Insecticide, Fungicide, 

18 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

19 adding at the end the following: 

20 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex21 cept as provided in section 402(s) of the Federal 

22 Water Pollution Control Act, the Administrator or a 

23 State may not require a permit under such Act for 

24 a discharge from a point source into navigable 

25 waters of a pesticide authorized for sale, distribuVerDate Mar 15 2010 22:38 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H2584.RH H2584

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1 tion, or use under this Act, or the residue of such 

2 a pesticide, resulting from the application of such 

3 pesticide.’’. 

4 SEC. 503. DISCHARGES OF PESTICIDES. 

5 Section 402 of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1342) is amended by adding at the end 

7 the following: 

8 ‘‘(s) DISCHARGES OF PESTICIDES.— 

9 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

10 provided in paragraph (2), a permit shall not be re11 quired by the Administrator or a State under this 

12 Act for a discharge from a point source into navi13 gable waters of a pesticide authorized for sale, dis14 tribution, or use under the Federal Insecticide, Fun15 gicide, and Rodenticide Act, or the residue of such 

16 a pesticide, resulting from the application of such 

17 pesticide. 

18 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

19 apply to the following discharges of a pesticide or 

20 pesticide residue: 

21 ‘‘(A) A discharge resulting from the appli22 cation of a pesticide in violation of a provision 

23 of the Federal Insecticide, Fungicide, and 

24 Rodenticide Act that is relevant to protecting 

25 water quality, if— 


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1 ‘‘(i) the discharge would not have oc2 curred but for the violation; or 

3 ‘‘(ii) the amount of pesticide or pes4 ticide residue in the discharge is greater 

5 than would have occurred without the vio6 lation. 

7 ‘‘(B) Stormwater discharges subject to reg8 ulation under subsection (p). 

9 ‘‘(C) The following discharges subject to 

10 regulation under this section: 

11 ‘‘(i) Manufacturing or industrial efflu12 ent. 

13 ‘‘(ii) Treatment works effluent. 

14 ‘‘(iii) Discharges incidental to the nor15 mal operation of a vessel, including a dis16 charge resulting from ballasting operations 

17 or vessel biofouling prevention.’’. 

18 TITLE VI—ADDITIONAL GENERAL PROVISIONS 

19 SPENDING REDUCTION ACCOUNT

20 SEC. 601. The amount by which the applicable alloca21 tion of new budget authority made by the Committee on 

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

25 $8,000,000. 


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1 This Act may be cited as the ‘‘Department of the In2 terior, Environment, and Related Agencies Appropriations 

3 Act, 2012’’. 


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Union Calendar No. 97 

112TH CONGRESS 

1ST SESSION H. R. 2584 

[Report No. 112–151] 

A BILL 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2012, and Interior, environment, and related agencies for 

JULY 19, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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