129 
WATERS OF THE UNITED STATES 
SEC. 434. None of the funds made available by this 
Act or any subsequent Act making appropriations for the 
Environmental Protection Agency may be used by the En-
vironmental Protection Agency to develop, adopt, imple-
ment, administer, or enforce a change or supplement to 
the rule dated November 13, 1986, as amended on August 
25, 1993, or guidance documents dated January 15, 2003, 
and December 2, 2008, pertaining to the definition of 
waters under the jurisdiction of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.). 
STREAM BUFFER 
SEC. 435. None of the funds made available by this 
Act may be used to develop, carry out, implement, or oth-
erwise enforce proposed regulations published June 18, 
2010 (75 Fed. Reg. 34,667) by the Office of Surface Min-
ing Reclamation and Enforcement of the Department of 
the Interior. 
STORMWATER DISCHARGE 
SEC. 436. None of the funds made available by this 
Act or any other Act may be expended for the develop-
ment, adoption, implementation, or enforcement of regula-
tions or guidance that would expand the Federal 
stormwater discharge program under section 402(p) of the 
Federal Water Pollution Control Act (33 U.S.C. 1342(p)) 
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130 
to post-construction commercial or residential properties 
until 90 days after the Administrator of the Environ-
mental Protection Agency submits to the Committee on 
Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Environment and Public Works and the 
Committee on Appropriations of the Senate the study of 
stormwater discharges required under section 402(p)(5) of 
such Act (33 U.S.C. 1342(p)(5)). Such study shall in-
clude— 
(1) a thorough review and analysis of potential 
regulatory options under the stormwater program; 
(2) the program’s anticipated costs (including 
to the Environmental Protection Agency, States, and 
potentially regulated entities) and benefits; and 
(3) a numerical identification of both relative 
cost effectiveness among the options and the antici-
pated water quality enhancements that would result 
from each option. 
REPEAL OF SEPARATE FOREST SERVICE DECISION 
MAKING AND APPEALS PROCESS 
SEC. 437. Section 322 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1993 (Pub-
lic Law 102–381; 16 U.S.C. 1612 note) is repealed. Sec-
tion 428 of division E of the Consolidated Appropriations 
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131 
Act, 2012 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 
6515 note) shall not apply to any project or activity imple-
menting a land and resource management plan developed 
under section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604) that 
is categorically excluded from documentation in an envi-
ronmental assessment or an environmental impact state-
ment under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
HUNTING, FISHING, AND RECREATIONAL SHOOTING ON 
FEDERAL LAND 
SEC. 438. (a) LIMITATION ON USE OF FUNDS.— 
None of the funds made available by this Act or any other 
Act for any fiscal year may be used to prohibit the use 
of or access to Federal land (as such term is defined in 
section 3 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6502)) for hunting, fishing, or recreational 
shooting if such use or access— 
(1) was not prohibited on such Federal land as 
of January 1, 2012; and 
(2) was conducted in compliance with the re-
source management plan (as defined in section 101 
of such Act (16 U.S.C. 6511)) applicable to such 
Federal land as of January 1, 2012. 
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132 
(b) TEMPORARY CLOSURES ALLOWED.—Notwith-
standing subsection (a), the Secretary of the Interior or 
the Secretary of Agriculture may temporarily close, for a 
period not to exceed 30 days, Federal land managed by 
the Secretary to hunting, fishing, or recreational shooting 
if the Secretary determines that the temporary closure is 
necessary to accommodate a special event or for public 
safety reasons. The Secretary may extend a temporary clo-
sure for one additional 90-day period only if the Secretary 
determines the extension is necessary because of extraor-
dinary weather conditions or for public safety reasons. 
(c) AUTHORITY OF STATES.—Nothing in this section 
shall be construed as affecting the authority, jurisdiction, 
or responsibility of the several States to manage, control, 
or regulate fish and resident wildlife under State law or 
regulations. 
LIMITATION ON USE OF FUNDS FOR NATIONAL OCEAN 
POLICY 
SEC. 439. None of the funds made available by this 
Act may be used to develop, propose, finalize, administer, 
or implement, the National Ocean Policy developed under 
Executive Order 13547. Not later than 60 days after the 
date on which the President’s fiscal year 2014 budget re-
quest is submitted to Congress, the President shall submit 
a report to the Committees on Appropriations of the 
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133 
House of Representatives and the Senate identifying all 
Federal expenditures in fiscal years 2011 and 2012, by 
agency, account, and any pertinent subaccounts, for the 
development, administration, or implementation of the 
National Ocean Policy developed under Executive Order 
13547. The President’s budget submission for fiscal year 
2014 shall identify all such funding proposed for the im-
plementation of such Policy. 
EMISSIONS CONTROL AREA PILOT 
SEC. 440. (a) The Administrator of the Environ-
mental Protection Agency, in consultation with the Com-
mandant of the Coast Guard, shall carry out a 48-month 
pilot project for the North American Emission Control 
Area under which— 
(1) subject to paragraph (2), the owner or oper-
ator of a vessel opting into the pilot project is 
deemed to be in compliance with United States sul-
fur content fuel requirements if— 
(A) the vessel meets requirements under 
the International Convention for the Prevention 
of Pollution from Ships, 1973/78 (MARPOL), 
Annex VI, Regulation 4; and 
(B) the Administrator determines that 
compliance with the requirements described in 
subparagraph (A) provides a degree of overall 
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134 
protection of the public health and welfare 
(based on fleet averaging, weighted averaging, 
weighted and unweighted emissions averaging 
calculations, and such other measures as deter-
mined appropriate by the Administrator) that is 
equivalent to the degree of such protection pro-
vided by compliance with United States sulfur 
content fuel requirements; and 
(2) the owner or operator of a vessel opting into 
the pilot project continues to be subject to United 
States sulfur content fuel requirements while at 
berth or anchor. 
(b) For purposes of evaluating the results of such 
pilot project, the Administrator of the Environmental Pro-
tection Agency shall complete atmospheric modeling and 
actual ambient air testing to determine the environmental 
and economic effectiveness of United States sulfur content 
fuel requirements, in combination with the requirements 
described in subsection (a)(1)(A), particularly as such ef-
fectiveness relates to Alaska and Hawaii. 
(c) In this section: 
(1) The term ‘‘North American Emission Con-
trol Area’’ means the North American Emission 
Control Area designated pursuant to the Act to Pre-
vent Pollution from Ships. 
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135 
(2) The term ‘‘United States sulfur fuel re-
quirements’’ means the requirements under Federal 
and State law applicable to the sulfur content of the 
fuel used for operation of the vessel. 
MUNICIPAL SEPARATE STORM SEWER SYSTEM 
PERMITTING 
SEC. 441. Section 402(p)(3) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(p)(3)) is amended 
by adding at the end the following new subparagraph: 
‘‘(C) LIMITATION.—The Administrator or 
a State may not require a municipality oper-
ating a municipal separate storm sewer system 
serving a population of less than 100,000 to ob-
tain a permit under this subsection for a dis-
charge that— 
‘‘(i) is composed entirely of storm-
water from a facility that is not owned or 
operated by the municipality; and 
‘‘(ii) does not enter into the municipal 
separate storm sewer system.’’. 
BUY AMERICAN 
SEC. 442. (a)(1) None of the funds made available 
by a State water pollution control revolving fund as au-
thorized by title VI of the Federal Water Pollution Control 
Act (33 U.S.C. 1381 et seq.) or made available by a drink-
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136 
ing water treatment revolving loan fund as authorized by 
section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j–12) shall be used for a project for the construction, 
alteration, maintenance, or repair of a public water system 
or treatment works unless all of the iron and steel prod-
ucts used in the project are produced in the United States. 
(2) In this section, the term ‘‘iron and steel products’’ 
means the following products made primarily of iron or 
steel: lined or unlined pipes and fittings, manhole covers 
and other municipal castings, hydrants, tanks, flanges, 
pipe clamps and restraints, valves, structural steel, rein-
forced precast concrete, and construction and building ma-
terials. 
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the Administrator of the Environ-
mental Protection Agency (in this section referred to as 
the ‘‘Administrator’’) finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron and steel products are not produced in 
the United States in sufficient and reasonably avail-
able quantities and of a satisfactory quality; or 
(3) inclusion of iron and steel products pro-
duced in the United States will increase the cost of 
the overall project by more than 25 percent. 
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137 
(c) If the Administrator receives a request for a waiv-
er under this section, the Administrator shall provide an 
informal notice of and opportunity for public comment on 
the request at least 15 days before making a finding based 
on the request. Notice provided under this subsection shall 
include the information available to the Administrator 
concerning the request and shall be provided by electronic 
means, including on the official public Internet Web site 
of the Environmental Protection Agency. 
(d) This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
(e) The Administrator may retain up to 1 percent of 
the funds appropriated by this Act for carrying out the 
provisions described in subsection (a)(1) for management 
and oversight of the requirements of this section. 
(f) This section does not apply with respect to a 
project if a State agency approves the engineering plans 
and specifications for the project, in that agency’s capacity 
to approve such plans and specifications prior to a project 
requesting bids, prior to October 1, 2012, or the date of 
the enactment of this Act, whichever is later. 
LEAD TEST KIT 
SEC. 443. None of the funds made available by this 
Act may be used to implement or enforce regulations 
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138 
under subpart E of part 745 of title 40, Code of Federal 
Regulations (commonly referred to as the ‘‘Lead; Renova-
tion, Repair, and Painting Rule’’), or any subsequent 
amendments to such regulations, until the Administrator 
of the Environmental Protection Agency publicizes Envi-
ronmental Protection Agency recognition of a commer-
cially available lead test kit that meets both criteria under 
section 745.88(c) of title 40, Code of Federal Regulations. 
MOBILE SOURCE EMISSIONS 
SEC. 444. None of the funds made available by this 
Act may be used— 
(1) to prepare, propose, promulgate, finalize, 
implement, or enforce any regulation under section 
202 of the Clean Air Act (42 U.S.C. 7521) regard-
ing the regulation of emissions of any greenhouse 
gas from new motor vehicles or new motor vehicle 
engines that are manufactured after model year 
2016 to address climate change; or 
(2) to consider or grant a waiver under section 
209(b) of such Act (42 U.S.C. 7543(b)) so that a 
State or political subdivision thereof may adopt or 
attempt to enforce standards for the control of emis-
sions of any greenhouse gas from new motor vehicles 
or new motor vehicle engines that are manufactured 
after model year 2016 to address climate change. 
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139 
PESTICIDE LABELS 
SEC. 445. None of the funds made available by this 
Act may be used by the Administrator of the Environ-
mental Protection Agency to finalize the Proposed Guid-
ance on False or Misleading Pesticide Product Brand 
Names, as contained in Draft Pesticide Registration No-
tice 2010–X (Docket ID EPA–HQ–OPP–2010–0282). 
ASBESTOS NESHAP 
SEC. 446. None of the funds made available by this 
Act may be used to implement, administer, or enforce the 
National Emission Standards for Hazardous Air Pollut-
ants regulations for asbestos under subpart M of part 61 
of title 40, Code of Federal Regulations with respect to 
any residential building that has 4 or fewer dwelling units, 
unless such building falls within the definition of ‘‘installa-
tion’’ under such regulations. 
FINANCIAL ASSURANCE 
SEC. 447. None of the funds made available by this 
Act may be used to develop, propose, finalize, implement, 
enforce, or administer any regulation that would establish 
new financial responsibility requirements pursuant to sec-
tion 108(b) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)). 
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140 
GHG NSPS 
SEC. 448. None of the funds made available by this 
Act may be used to develop, issue, implement, or enforce 
any regulation or guidance under section 111 of the Clean 
Air Act establishing any standard of performance applica-
ble to the emission of any greenhouse gas by any new or 
existing source that is an electric utility generating unit. 
COST MANUAL UPDATE 
SEC. 449. Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall begin development of a 
seventh edition of the document entitled ‘‘EPA Air Pollu-
tion Control Cost Manual’’. The Administrator shall con-
sult, and seek comment from, State, local, and tribal de-
partments of environmental quality during development of 
such seventh edition, and provide opportunity for public 
comment. 
COMMENTS ON AIR QUALITY MODELS 
SEC. 450. Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall publish in the Federal 
Register a notice to solicit comment on revising the Agen-
cy’s ‘‘Guideline on Air Quality Models’’ under appendix 
W to part 51 of title 40, Code of Federal Regulations, 
to allow flexible modeling approaches and to adopt the 
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most recently published version of the CALPUFF mod-
eling system (or portions thereof) as a preferred air qual-
ity model under such Guideline. 
SPENDING REDUCTION ACCOUNT 
SEC. 451. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is 
$398,000,000. 
This Act may be cited as the ‘‘Department of the In-
terior, Environment, and Related Agencies Appropriations 
Act, 2013’’. 
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Union Calendar No. 426 
112TH CONGRESS 
2D SESSION 
H. R. 6091 
[Report No. 112–589] 
A BILL 
Making appropriations for the Department of the 
Interior, environment, and related agencies for 
the fiscal year ending September 30, 2013, and 
for other purposes. 
JULY 10, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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