131 
(1) the memorandum issued by the Environ-
mental Protection Agency and Department of the 
Army entitled ‘‘Enhanced Surface Coal Mining 
Pending Permit Coordination Procedures’’, dated 
June 11, 2009; or 
(2) the guidance (or any revised version there-
of) issued by the Environmental Protection Agency 
entitled ‘‘Improving EPA Review of Appalachian 
Surface Coal Mining Operations under the Clean 
Water Act, National Environmental Policy Act, and 
the Environmental Justice Executive Order’’, dated 
April 1, 2010. 
COAL COMBUSTION ASH 
SEC. 434. None of the funds made available by this 
Act may be used by the Environmental Protection Agency 
to develop, propose, finalize, implement, administer, or en-
force any regulation that identifies or lists fossil fuel com-
bustion waste as hazardous waste subject to regulation 
under subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) or otherwise makes fossil fuel com-
bustion waste subject to regulation under such subtitle. 
WATERS OF THE UNITED STATES 
SEC. 435. 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-
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132 
vironmental Protection Agency to develop, adopt, imple-
ment, administer, or enforce a change or supplement to 
the rule dated November 13, 1986, or guidance documents 
dated January 15, 2003, and December 2, 2008, per-
taining to the definition of waters under the jurisdiction 
of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.). 
THERMAL DISCHARGES 
SEC. 436. None of the funds made available by this 
Act or any other Act shall be used to further develop, fi-
nalize, implement, or enforce the proposed regulatory re-
quirements issued by the Environmental Protection Agen-
cy and published for public comment in the Federal Reg-
ister on April 20, 2011 (76 Fed. Reg. 22,174); or to de-
velop or enforce any other new regulations or requirements 
designed to implement section 316(b) of the Federal 
Water Pollution Control Act (33 U.S.C. 1312 (b)). 
FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS 
SEC. 437. Hereafter, upon issuance of final regula-
tions, the Secretary of Agriculture, acting through the 
Chief of the Forest Service, shall apply section 105(a) of 
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6515(a)), providing for a pre-decisional objection process, 
to proposed actions of the Forest Service concerning 
projects and activities implementing land and resource 
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management plans developed under the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.) in lieu of subsections (c), (d), and 
(e) of section 322 of Public Law 102–381 (16 U.S.C. 1612 
note), providing for an administrative appeal process: Pro-
vided, That if the Chief of the Forest Service determines 
an emergency situation exists for which immediate imple-
mentation of a proposed action is necessary, the proposed 
action shall not be subject to the pre-decisional objection 
process, and implementation shall begin immediately after 
the Forest Service gives notice of the final decision for 
the proposed action: Provided further, That this section 
shall not apply to an authorized hazardous fuel reduction 
project under title I of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6501 et seq.). 
SILVICULTURAL ACTIVITIES 
SEC. 438. Section 402(l) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1342(l)) is amended by add-
ing at the end the following: 
‘‘(3) SILVICULTURAL ACTIVITIES.—The Admin-
istrator shall not require a permit under this section, 
nor shall the Administrator directly or indirectly re-
quire any State to require a permit, for discharges 
of stormwater runoff from roads, the construction, 
use, or maintenance of which are associated with sil-
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134 
vicultural activities, or from other silvicultural activi-
ties involving nursery operations, site preparation, 
reforestation and subsequent cultural treatment, 
thinning, prescribed burning, pest and fire control, 
harvesting operations, or surface drainage.’’. 
STORMWATER DISCHARGE 
SEC. 439. 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)) 
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; 
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(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. 
ASSOCIATION PLACER 
SEC. 440. Section 10101 of the Omnibus Budget 
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended 
by redesignating subsections (c) and (d) as subsections (d) 
and (e), respectively, and inserting after subsection (b) the 
following new subsection: 
‘‘(c) For each placer claim held by an association of 
2 or more persons, the claim maintenance fee shall be 
charged— 
‘‘(1) for each 20-acre tract that is subject to 
the claim; and 
‘‘(2) for any remaining tract (after application 
of paragraph (1)) that is subject to the claim.’’. 
FLEXIBLE AIR PERMITTING PROGRAMS 
SEC. 441. The Administrator of the Environmental 
Protection Agency— 
(1) shall take no action (including any rule-
making or enforcement action) to disapprove or pre-
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vent implementation of any flexible air permitting 
program under which emissions from multiple 
sources may be combined for purposes of deter-
mining compliance with an emissions limitation 
that— 
(A) has been submitted by a State as a re-
vision to the State implementation plan pursu-
ant to section 110 of the Clean Air Act (42 
U.S.C. 7410); and 
(B) has been adopted as part of the State 
implementation plan for such State prior to the 
date of enactment of this Act; and 
(2) shall take no enforcement action against the 
holder of an individual permit issued under an air 
permitting program described in paragraph (1) 
based on any disapproval of the program by the Ad-
ministrator prior to the date of the enactment of 
this Act. 
DOMESTIC LIVESTOCK GRAZING 
SEC. 442. None of the funds made available by this 
Act or any other Act through fiscal year 2016 may be 
used to plan or carry out any action or any subsequent 
agency regulation for managing bighorn sheep (whether 
native or nonnative) populations on any parcel of Federal 
land (as defined in section 3 of the Healthy Forests Res-
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137 
toration Act of 2003 (16 U.S.C. 6502)) if the action may 
or will result in a reduction in the number of domestic 
livestock permitted to graze on the parcel or in the dis-
tribution of livestock on the parcel. 
AIR EMISSIONS FROM OUTER CONTINENTAL SHELF 
ACTIVITIES 
SEC. 443. (a) Section 328(a)(1) of the Clean Air Act 
(42 U.S.C. 7627(a)(1)) is amended by inserting before the 
period at the end of the second sentence the following: ‘‘, 
except that any air quality impact of any OCS source shall 
be measured or modeled, as appropriate, and determined 
solely with respect to the impacts in the corresponding on-
shore area’’. 
(b) Section 328(a)(4)(C) of the Clean Air Act (42 
U.S.C. 7627(a)(4)(C)) is amended in the matter following 
clause (iii) by striking ‘‘shall be considered direct emis-
sions from the OCS source’’ and inserting ‘‘shall be con-
sidered direct emissions from the OCS source but shall 
not be subject to any emission control requirement appli-
cable to the source under subpart 1 of part C of title I 
of this Act. For platform or drill ship exploration, an OCS 
source is established at the point in time when drilling 
commences at a location and ceases to exist when drilling 
activity ends at such location or is temporarily interrupted 
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138 
because the platform or drill ship relocates for weather 
or other reasons’’. 
(c)(1) Section 328 of the Clean Air Act (42 U.S.C. 
7627) is amended by adding at the end thereof the fol-
lowing: 
‘‘(d) PERMIT APPLICATION.—In the case of a com-
pleted application for a permit under this Act for platform 
or drill ship exploration for an OCS source— 
‘‘(1) final agency action (including any recon-
sideration of the issuance or denial of such permit) 
shall be taken not later than 6 months after the date 
of filing such completed application; 
‘‘(2) the Environmental Appeals Board of the 
Environmental Protection Agency shall have no au-
thority to consider any matter regarding the consid-
eration, issuance, or denial of such permit; 
‘‘(3) no administrative stay of the effectiveness 
of such permit may extend beyond the date that is 
6 months after the date of filing such completed ap-
plication; 
‘‘(4) such final agency action shall be consid-
ered to be nationally applicable under section 
307(b); and 
‘‘(5) judicial review of such final agency action 
shall be available only in accordance with section 
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307(b) without additional administrative review or 
adjudication.’’. 
(2) Section 328(a)(4) of the Clean Air Act (42 U.S.C. 
7627(a)(4)) is amended by striking ‘‘For purposes of sub-
sections (a) and (b)’’ and inserting ‘‘For purposes of this 
subsection and subsections (b) and (d)’’. 
INTEGRATED RISK INFORMATION SYSTEM (IRIS) 
SEC. 444. (a) The Administrator of the Environ-
mental Protection Agency (EPA)— 
(1) shall immediately implement improvements in the 
IRIS program in accordance with the recommendations of 
Chapter 7 of the National Research Council’s Review of 
the Environmental Protection Agency’s Draft IRIS As-
sessment of Formaldehyde; 
(2) shall provide a report to the authorizing and ap-
propriating Committees of the House of Representatives 
and Senate by December 1, 2011 describing how such rec-
ommendations have been implemented for— 
(A) each of the existing assessments currently 
underway; and 
(B) any new assessments. 
(3) shall not use any funds to take any administrative 
action based on any draft or final assessment that is not 
based on— 
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(A) improvements implemented in the IRIS 
program in accordance with the recommendations of 
Chapter 7 of the National Research Council’s Re-
view of the Environmental Protection Agency’s 
Draft IRIS Assessment of Formaldehyde; and 
(B) demonstration of such implementation by 
documentation of the activities taken to implement 
the recommendations. 
(b)(1) Utilizing funds appropriated in this Act, the 
Administrator shall within 90 days arrange for the Na-
tional Academy of Sciences to review the EPA report re-
quired by section (a)(2). The Academy’s review shall as-
sess the scientific, technical, and process changes being 
implemented or planned by EPA in the IRIS program and 
shall recommend modifications or additions to these 
changes as appropriate to improve substantially the sci-
entific and technical performance of the IRIS program. 
The Academy shall also identify a representative sample 
of up to three specific IRIS assessments nearing comple-
tion that could be reviewed to evaluate the results of the 
changes being implemented by the EPA. 
(2) Utilizing funds appropriated in this Act, the Ad-
ministrator shall arrange for the National Academy of 
Sciences to perform a scientific and technical review of 
up to three IRIS assessments based on the recommenda-
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