141 
tion of the Academy in the review provided for in sub-
section (b)(1). 
(c) No funds in this Act shall be available for expend-
iture by EPA for further action of any kind on any pro-
posed rule, regulation, guidance, goal, or permit, issued 
after May 21, 2009 that solicited comment on a proposal 
that, if finalized, would result, based on application of 
EPA exposure assumptions, in the lowering or further 
lowering of any exposure level that would be within or 
below background concentration levels in ambient air, pub-
lic drinking water sources, soil, or sediment. 
ARIZONA MINERAL WITHDRAWAL PROHIBITION 
SEC. 445. Notwithstanding any other provision of 
law, none of the approximately 1,010,776 acres of public 
lands and National Forest System lands described in Pub-
lic Land Order No. 7773; Emergency Withdrawal of Pub-
lic and National Forest System Lands, Coconino and Mo-
have Counties; AZ (76 Fed. Reg. 37826) may be with-
drawn from location and entry under the General Mining 
Law of 1872 (30 U.S.C. 22 et seq.) except as expressly 
authorized by a law enacted after the date of enactment 
of this Act that refers to this section. 
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TRAVEL MANAGEMENT RULE AND NATIONAL FOREST 
SYSTEM LAND IN CALIFORNIA 
SEC. 446. (a) CONSIDERATION
OF ROUTES NOT 
PREVIOUSLY CONSIDERED.—The Secretary of Agriculture 
shall not implement or enforce Subpart B of the Travel 
Management Rule (subpart B of part 212 of title 36, Code 
of Federal Regulations), relating to the designation of 
roads, trails, and areas for motor vehicle use, in an admin-
istrative unit of the National Forest System in California 
until the Secretary completes post-Subpart B Project 
Level Trail Planning of unauthorized routes in the unit 
not considered in Subpart B. 
(b) 
TREATMENT
OF
MAINTENANCE-LEVEL
ROADS.—In implementing Subpart B of the Travel Man-
agement Rule in an administrative unit of the National 
Forest System in California, the Secretary of Agriculture 
shall not treat a maintenance-level 3 road (as defined in 
the Forest Service Handbook) as a ‘‘highway’’ for pur-
poses of determining applicability of division 16.5 of the 
California Vehicle Code (section 38000 et seq.), relating 
to off-highway motor vehicles. 
BIOLOGICAL OPINIONS 
SEC. 447. None of the funds made available by this 
Act may be used to modify, cancel, or suspend the reg-
istration of a pesticide registered or reregistered under 
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section 3 or 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C.136a, 136a–1) in response to 
a final biological opinion or other written statement issued 
under section 7(b) of the Endangered Species Act of 1973 
(16 U.S.C. 1536(b)). 
PORTLAND CEMENT 
SEC. 448. None of the funds made available by this 
Act may be used to implement, administer, or enforce the 
rule entitled ‘‘National Emission Standards for Hazardous 
Air Pollutants From the Portland Cement Manufacturing 
Industry and Standards of Performance for Portland Ce-
ment Plants’’ published by the Environmental Protection 
Agency on September 9, 2010 (75 Fed. Reg. 54970 et 
seq.). 
FUNDING PROHIBITION 
SEC. 449. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted (or had an officer or agent 
of such corporation acting on behalf of the corporation 
convicted) of a felony criminal offense under any Federal 
law within the preceding 24 months. 
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LEAD TEST KIT 
SEC. 450. None of the funds made available by this 
Act may be used to implement or enforce regulations 
under subpart E of part 745 of title 40, Code of Federal 
Regulations (commonly known as the ‘‘Lead; Renovation, 
Repair, and Painting Rule’’), or any subsequent amend-
ments to such regulations, until the Administrator of the 
Environmental Protection Agency publicizes Environ-
mental Protection Agency recognition of a commercially- 
available lead test kit that meets both criteria under sec-
tion 745.88(c) of title 40, Code of Federal Regulations. 
LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS 
SEC. 451. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration with an unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative rem-
edies have been exhausted or have lapsed, and that is not 
being paid in a timely manner pursuant to an agreement 
with the authority responsible for collecting the tax liabil-
ity. 
WATER QUALITY STANDARDS 
SEC. 452. None of the funds made available by this 
Act may be used to implement, administer, or enforce the 
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145 
rule entitled ‘‘Water Quality Standards for the State of 
Florida’s Lakes and Flowing Waters’’ published in the 
Federal Register by the Environmental Protection Agency 
on December 6, 2010 (75 Fed. Reg. 75762 et seq.). 
MOBILE SOURCE EMISSIONS 
SEC. 453. None of the funds made available under 
this Act shall be used— 
(1) to prepare, propose, promulgate, finalize, 
implement, or enforce any regulation pursuant to 
section 202 of the Clean Air Act (42 U.S.C. 7521) 
regarding the regulation of any greenhouse gas 
emissions from new motor vehicles or new motor ve-
hicle engines that are maufactured 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. 
PARTICULATE MATTER 
SEC. 454. None of the funds made available by this 
Act may be used to modify the national primary ambient 
air quality standard or the national secondary ambient air 
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146 
quality standard applicable to coarse particulate matter 
(generally referred to as ‘‘PM10’’) under section 109 of 
the Clean Air Act (42 U.S.C. 7409). 
FINANCIAL ASSURANCE 
SEC. 455. 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)). 
WETLANDS DESIGNATIONS IN EMERGENCIES 
SEC. 456. None of the funds made available in this 
Act may be used to delineate new wetlands in any county 
included in a major disaster declaration as a result of 
flooding in the year 2011 for purposes of section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1344). 
ALASKA NATIVE REGIONAL HEALTH ENTITIES 
SEC. 457. (a) Notwithstanding any other provision 
of law and until October 1, 2013,the Indian Health Serv-
ice may not disburse funds for the provision of health care 
services pursuant to Public Law 93–638 (25 U.S.C. 450 
et seq.) to any Alaska Native village or Alaska Native vil-
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147 
lage corporation that is located within the area served by 
an Alaska Native regional health entity. 
(b) Nothing in this section shall be construed to pro-
hibit the disbursal of funds to any Alaska Native village 
or Alaska Native village corporation under any contract 
or compact entered into prior to May 1, 2006, or to pro-
hibit the renewal of any such agreement. 
(c) For the purpose of this section, Eastern Aleutian 
Tribes, Inc., the Council of Athabascan Tribal Govern-
ments, and the Native Village of Eyak shall be treated 
as Alaska Native regional health entities to which funds 
may be disbursed under this section. 
LAND EXCHANGE NOTIFICATION 
SEC. 458. Section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) is amend-
ed by adding at the end the following new subsection: 
‘‘(j) In the case of any exchange involving public land 
or National Forest System land to be carried out (whether 
directly or through a third-party) under this Act or other 
applicable law, the Secretary concerned shall provide writ-
ten notice of the proposed land exchange to each owner 
of non-Federal land adjoining the parcel of public land or 
National Forest System land proposed for exchange and 
each owner of non-Federal land adjoining the non-Federal 
land proposed to be acquired in the exchange. The Sec-
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148 
retary shall determine adjoining landowners using the 
most-recent available tax records. For purposes of pro-
viding notification under this subsection, adjoining land 
means land sharing any length of border with the public 
land, National Forest System land, or non-Federal land 
subject to the proposed exchange, including contact solely 
at a boundary corner.’’. 
BALLAST WATER MANAGEMENT REGULATIONS 
SEC. 459. (a) PROHIBITION.—None of the funds 
made available by this Act for the Environmental Protec-
tion Agency shall be provided to any State that— 
(1) is adjacent to one or more of the Great 
Lakes; and 
(2) has in effect a certification under section 
401 of the Federal Water Pollution Control Act (33 
U.S.C. 1341) or a State permit requirement that im-
poses on vessels that discharge ballast water into, 
take in ballast water from, or transit that State’s 
waters a performance standard for ballast water 
management systems, or a ballast water exchange 
standard, which the Commandant of the Coast 
Guard determines is more stringent than the fol-
lowing standards: 
(A) Coast Guard regulations that have 
been placed into effect after the date of enact-
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149 
ment of this Act regarding standards for living 
organisms in ships’ ballast water discharged in 
United States waters from vessels and regard-
ing vessel open water ballast water exchange. 
(B) Only to the extent that the regulations 
described in subparagraph (A) are not in effect, 
the standards for the control and management 
of ship’s ballast water and sediment adopted by 
the International Maritime Organization as of 
the date of enactment of this Act. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘Great Lakes’’ has the same 
meaning given that term in section 118(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1268(a)). 
(2) The term ‘‘is more stringent than’’ means 
one or more of the following: 
(A) Includes a higher percentage efficiency 
of volumetric exchange of ballast water. 
(B) Includes a higher relative volume of 
pumping throughput for ballast water exchange. 
(C) Requires a greater distance from the 
nearest land or a greater depth of water for 
conducting ballast water exchange. 
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(D) Includes a ballast water management 
performance standard that requires a lower 
concentration of viable organisms. 
(E) Includes a ballast water management 
performance standard that requires a smaller 
minimum dimension of viable organisms. 
(F) Includes a ballast water management 
performance standard that includes additional 
indicator microbes. 
(G) Includes an earlier deadline for meet-
ing a ballast water management performance 
standard or a ballast water exchange standard. 
(H) Precludes the use of one or more bal-
last water treatment technologies approved 
through the applicable requirement described in 
subparagraphs (A) or (B) of subsection (a)(2). 
(I) Requires the use of one or more ballast 
water treatment technologies not approved by 
the applicable requirement described in sub-
paragraphs (A) or (B) of subsection (a)(2). 
PESTICIDE LABELS 
SEC. 460. 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 
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151 
Names, as contained in Draft Pesticide Registration No-
tice 2010–X (Docket ID EPA–HQ–OPP–2010–0282). 
AMMONIA REGULATION FUNDING PROHIBITION 
SEC. 461. None of the funds made available by this 
Act may be used to regulate ammonia or ammonium under 
any national secondary ambient air quality standard for 
oxides of nitrogen and oxides of sulfur promulgated pursu-
ant to section 109 of the Clean Air Act (42 U.S.C. 7409). 
REGULATORY ECONOMIC ANALYSIS 
SEC. 462. (a) Not later than 12 months after the 
date of the enactment of this Act, the Administrator of 
the Environmental Protection Agency (in this section re-
ferred to as the ‘‘Administrator’’) shall conduct a study, 
and submit a report to the Congress, on the cumulative 
impacts of the following rules, guidelines, and actions: 
(1) The following published rules (including any 
successor or substantially similar rule): 
(A) ‘‘Federal Implementation Plans To Re-
duce Interstate Transport of Fine Particulate 
Matter and Ozone’’, published at 75 Fed. Reg. 
45210 (August 2, 2010). 
(B) ‘‘National Ambient Air Quality Stand-
ards for Ozone’’, published at 75 Fed. Reg. 
2938 (January 19, 2010). 
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(C) ‘‘National Emission Standards for 
Hazardous Air Pollutants for Major Sources: 
Industrial, Commercial, and Institutional Boil-
ers and Process Heaters’’, published at 76 Fed. 
Reg. 15608 (March 21, 2011). 
(D) ‘‘National Emission Standards for 
Hazardous Air Pollutants for Area Sources: In-
dustrial, Commercial, and Institutional Boil-
ers’’, published at 76 Fed. Reg. 15554 (March 
21, 2011). 
(E) ‘‘National Emission Standards for 
Hazardous Air Pollutants from Coal- and Oil- 
fired Electric Utility Steam Generating Units 
and Standards of Performance for Fossil-Fuel- 
Fired Electric Utility, Industrial-Commercial- 
Institutional, and Small Industrial-Commercial- 
Institutional Steam Generating Units’’, signed 
by Administrator Lisa P. Jackson on March 16, 
2011. 
(F) ‘‘Hazardous and Solid Waste Manage-
ment System; Identification and Listing of Spe-
cial Wastes; Disposal of Coal Combustion Re-
siduals From Electric Utilities’’, published at 
75 Fed. Reg. 35127 (June 21, 2010). 
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(G) ‘‘Primary National Ambient Air Qual-
ity Standard for Sulfur Dioxide’’, published at 
75 Fed. Reg. 35520 (June 22, 2010). 
(H) ‘‘Primary National Ambient Air Qual-
ity Standards for Nitrogen Dioxide’’, published 
at 75 Fed. Reg. 6474 (February 9, 2010). 
(2) The following additional rules or guidelines 
promulgated on or after January 1, 2009: 
(A) Any rule or guideline promulgated 
under section 111(b) or 111(d) of the Clean Air 
Act (42 U.S.C. 7411(b), 7411(d)) to address 
climate change. 
(B) Any rule or guideline promulgated by 
the Administrator of the Environmental Protec-
tion Agency, a State, a local government, or a 
permitting agency under or as the result of sec-
tion 169A or 169B of the Clean Air Act (42 
U.S.C. 7491, 7492). 
(C) Any rule establishing or modifying a 
national ambient air quality standard under 
section 109 of the Clean Air Act (42 U.S.C. 
7409). 
(3) Any action on or after January 1, 2009, by 
the Administrator of the Environmental Protection 
Agency, a State, a local government, or a permitting 
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154 
agency as a result of the application of part C of 
title I (relating to prevention of significant deteriora-
tion of air quality) or title V (relating to permitting) 
of the Clean Air Act (42 U.S.C. 7401 et seq.), if 
such application occurs with respect to an air pollut-
ant that is identified as a greenhouse gas in 
‘‘Endangerment and Cause or Contribute Findings 
for Greenhouse Gases Under Section 202(a) of the 
Clean Air Act’’, published at 74 Fed. Reg. 66496 
(December 15, 2009). 
(b) In conducting the study under subsection (a), the 
Administrator shall consider primary and secondary im-
pacts on jobs, costs to ratepayers and consumers, impacts 
on electric reliability and resource adequacy, impacts to 
the global economic competitiveness of the United States, 
impacts on small business, any changes in the fuel mix 
used in the electric power sector and resulting impacts to 
the economies of communities and States where those 
fuels are produced, impacts to the public health and wel-
fare resulting from increased electricity costs, and any 
other relevant costs. 
(c) The Administrator shall not take final action with 
respect to the rule listed in subsection (a)(1)(E) (relating 
to national emission standards and standards of perform-
ance for certain electric generating units) until a date (to 
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be determined by the Administrator) that is at least 6 
months after the day on which the Administrator submits 
the report required by subsection (a). 
(d) Notwithstanding the final action taken with re-
spect to the rule listed in subsection (a)(1)(A) (relating 
to Federal implementation plans to reduce interstate 
transport of fine particulate matter and ozone) and final 
action (if any) taken with respect to the rule listed in sub-
section (a)(1)(E) prior to the date of the enactment of 
this Act— 
(1) such final action shall not be or become, as appli-
cable, effective until a date (to be determined by the Ad-
ministrator) that is at least 6 months after the day on 
which the Administrator submits the report required by 
subsection (a); and 
(2) the date for compliance with any standard or re-
quirement in either such finalized rule, and any date for 
further regulatory action triggered by either such finalized 
rule, shall be delayed by a period equal to the period— 
(A) beginning on the date of the publication of 
the final action for the respective finalized rule; and 
(B) ending on the date on which such final ac-
tion becomes effective pursuant to paragraph (1). 
(e) Notwithstanding any other provision of law, the 
Administrator shall continue to implement the Clean Air 
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156 
Interstate Rule and the rule establishing Federal Imple-
mentation Plans for the Clean Air Interstate Rule as pro-
mulgated and modified by the Administrator of the Envi-
ronmental Protection Agency (70 Fed. Reg. 25162 (May 
12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 71 Fed. 
Reg. 25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 
19, 2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. 
Reg. 56721 (Nov. 3, 2009)) until the date on which final 
action with respect to the rule listed in subsection 
(a)(1)(A) becomes effective pursuant to subsection (d)(1). 
TITLE V—REDUCING REGULATORY BURDENS 
ACT OF 2011 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Reducing Regulatory 
Burdens Act of 2011’’. 
SEC. 502. USE OF AUTHORIZED PESTICIDES. 
Section 3(f) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 
adding at the end the following: 
‘‘(5) USE
OF
AUTHORIZED
PESTICIDES.—Ex-
cept as provided in section 402(s) of the Federal 
Water Pollution Control Act, the Administrator or a 
State may not require a permit under such Act for 
a discharge from a point source into navigable 
waters of a pesticide authorized for sale, distribu-
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‘‘(i) the discharge would not have oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
TITLE VI—ADDITIONAL GENERAL PROVISIONS 
SPENDING REDUCTION ACCOUNT 
SEC. 601. 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 
$8,000,000. 
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This Act may be cited as the ‘‘Department of the In-
terior, Environment, and Related Agencies Appropriations 
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 
Interior, environment, and related agencies for 
the fiscal year ending September 30, 2012, and 
for other purposes. 
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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