147 
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $126,556,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $37,117,000, 
to remain available until September 30, 2014: Provided, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $208,381,000, to remain available until 
September 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,334,345,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $480,935,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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149 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $41,070,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $317,100,000, to re-
main available until September 30, 2014: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $236,125,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
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251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,233,996,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $1,235,777,000, to remain available until 
September 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $41,220,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
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151 
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $109,010,000, to remain available 
until September 30, 2014: Provided, That such amounts 
in this paragraph are designated by the Congress for 
Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,088,510,000, to remain available until 
September 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $405,768,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
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152 
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$1,000,000,000, to remain available for obligation until 
September 30, 2014: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after the enactment of this Act, individually sub-
mit to the congressional defense committees the mod-
ernization priority assessment for their respective Na-
tional Guard or Reserve component: Provided further, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $2,600,170,000, to remain available until Sep-
tember 30, 2013: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
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153 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations made available in this or any other Act 
for operation and maintenance; procurement; research, de-
velopment, test and evaluation; and defense working cap-
ital funds to accomplish the purpose provided herein: Pro-
vided further, That such transferred funds shall be merged 
with and be available for the same purposes and the same 
time period as the appropriation to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
shall, not fewer than 10 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: 
Provided further, That such amounts in this paragraph are 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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154 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $18,513,000, to re-
main available until September 30, 2013: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $53,884,000, to re-
main available until September 30, 2013: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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155 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $259,600,000, to 
remain available until September 30, 2013: Provided, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$194,361,000, to remain available until September 30, 
2013: Provided, That such amounts in this paragraph are 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $435,013,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
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156 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,228,288,000, which shall be for operation and 
maintenance, to remain available until September 30, 
2012: Provided, That such amounts in this paragraph are 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $456,458,000, to re-
main available until September 30, 2013: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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157 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $2,441,984,000, to remain available until Sep-
tember 30, 2014: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Di-
rector of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equip-
ment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of impro-
vised explosive devices: Provided further, That the Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided 
further, That such amounts in this paragraph are des-
ignated by the Congress for Overseas Contingency Oper-
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158 
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $11,055,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2012. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$4,000,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
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vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2012. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, ‘‘Af-
ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se-
curity Forces Fund’’ provided in this Act and executed 
in direct support of overseas contingency operations in Af-
ghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all 
in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
the U.S. Central Command area of responsibility: (a) pas-
senger motor vehicles up to a limit of $75,000 per vehicle; 
and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of pas-
senger carrying vehicles. 
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SEC. 9005. Not to exceed $400,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan 
to respond to urgent, small-scale, humanitarian relief and 
reconstruction requirements within their areas of responsi-
bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $20,000,000: 
Provided further, That not later than 45 days after the 
end of each fiscal year quarter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port regarding the source of funds and the allocation and 
use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in: Provided further, That, not later than 30 days after 
the end of each month, the Army shall submit to the con-
gressional defense committees monthly commitment, obli-
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided further, 
That not less than 15 days before making funds available 
pursuant to the authority provided in this section or under 
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161 
any other provision of law for the purposes described here-
in for a project with a total anticipated cost for completion 
of $5,000,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice con-
taining each of the following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
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and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
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(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. None of the funds provided for the ‘‘Af-
ghanistan Security Forces Fund’’ (ASFF) may be obli-
gated prior to the approval of a financial and activity plan 
by the Afghanistan Resources Oversight Council (AROC) 
of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any 
service requirements in excess of $50,000,000 annually 
and any non-standard equipment requirements in excess 
of $100,000,000 using ASFF: Provided further, That the 
AROC must approve all projects and the execution plan 
under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 
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any project in excess of $5,000,000 from the Commanders 
Emergency Response Program (CERP): Provided further, 
That the Department of Defense must certify to the con-
gressional defense committees that the AROC has con-
vened and approved a process for ensuring compliance 
with the requirements in the preceding provisos and ac-
companying report language for the ASFF, AIF, and 
CERP. 
SEC. 9010. (a) FUNDING FOR OUTREACH AND RE-
INTEGRATION SERVICES UNDER YELLOW RIBBON RE-
INTEGRATION PROGRAM.—Of the amounts appropriated 
or otherwise made available by title IX, up to $20,000,000 
may be available for outreach and reintegration services 
under the Yellow Ribbon Reintegration Program under 
section 582(h) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
125; 10 U.S.C. 10101 note). 
(b) SUPPLEMENT NOT SUPPLANT.—The amount 
made available by subsection (a) for the services described 
in that subsection is in addition to any other amounts 
available in this Act for such services. 
SEC. 9011. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
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termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
SEC. 9012. Notwithstanding any other provision of 
law, up to $150,000,000 of funds made available in this 
title under the heading ‘‘Operation and Maintenance, 
Army’’ may be obligated and expended for purposes of the 
Task Force for Business and Stability Operations, subject 
to the direction and control of the Secretary of Defense, 
with concurrence of the Secretary of State, to carry out 
strategic business and economic assistance activities in Af-
ghanistan in support of Operation Enduring Freedom: 
Provided, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
for any project with a total anticipated cost of $5,000,000 
or more, the Secretary shall submit to the congressional 
defense committees a written notice containing a detailed 
justification and timeline for each proposed project. 
SEC. 9013. From funds made available to the De-
partment of Defense in this title under the heading ‘‘Oper-
ation and Maintenance, Air Force’’ up to $524,000,000 
may be used by the Secretary of Defense, notwithstanding 
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any other provision of law, to support United States Gov-
ernment transition activities in Iraq by funding the oper-
ations and activities of the Office of Security Cooperation 
in Iraq and security assistance teams, including life sup-
port, transportation and personal security, and facilities 
renovation and construction: Provided, That not less than 
15 days before making funds available pursuant to the au-
thority provided in this section, the Secretary shall submit 
to the congressional defense committees a written notice 
containing a detailed justification and timeline for each 
proposed site. 
SEC. 9014. The amounts appropriated in title IX of 
this Act are hereby reduced by $4,042,500,000 to reflect 
reduced troop strength in theater: Provided, That the re-
ductions shall be applied to the military personnel and op-
eration and maintenance appropriations only: Provided 
further, That the Secretary of Defense shall, not fewer 
than 15 days prior to reducing funds for this purpose, no-
tify the congressional defense committees in writing of the 
details of any such reduction by appropriation and budget 
line item. 
SEC. 9015. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
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amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: 
‘‘Overseas Contingency Operations Transfer 
Fund, 2010’’, $356,810,000; 
‘‘Procurement of Ammunition, Army, 2010/ 
2012’’, $21,000,000; 
‘‘Other Procurement, Air Force, 2010/2012’’, 
$2,250,000. 
This division may be cited as the ‘‘Department 
of Defense Appropriations Act, 2012’’. 
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DIVISION B—ENERGY AND WATER DEVEL-
OPMENT APPROPRIATIONS ACT, 2012 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for 
the collection and study of basic information pertaining 
to river and harbor, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and re-
lated needs; for surveys and detailed studies, and plans 
and specifications of proposed river and harbor, flood and 
storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects and related efforts prior to 
construction; for restudy of authorized projects; and for 
miscellaneous investigations and, when authorized by law, 
surveys and detailed studies, and plans and specifications 
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of projects prior to construction, $125,000,000, to remain 
available until expended. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related 
projects authorized by law; for conducting detailed studies, 
and plans and specifications, of such projects (including 
those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection 
by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Govern-
ment to construction); $1,694,000,000, to remain avail-
able until expended; of which such sums as are necessary 
to cover the Federal share of construction costs for facili-
ties under the Dredged Material Disposal Facilities pro-
gram shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104–303; and of which 
such sums as are necessary to cover one-half of the costs 
of construction, replacement, rehabilitation, and expansion 
of inland waterways projects (including only Olmsted Lock 
and Dam, Ohio River, Illinois and Kentucky; Emsworth 
Locks and Dam, Ohio River, Pennsylvania; Lock and 
Dams 2, 3, and 4, Monongahela River, Pennsylvania; and 
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Lock and Dam 27, Mississippi River, Illinois) shall be de-
rived from the Inland Waterways Trust Fund. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River allu-
vial valley below Cape Girardeau, Missouri, as authorized 
by law, $252,000,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for in-
land harbors shall be derived from the Harbor Mainte-
nance Trust Fund. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and 
storm damage reduction, aquatic ecosystem restoration, 
and related projects authorized by law; providing security 
for infrastructure owned or operated by the Corps, includ-
ing administrative buildings and laboratories; maintaining 
harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs 
of general commerce, where authorized by law; surveying 
and charting northern and northwestern lakes and con-
necting waters; clearing and straightening channels; and 
removing obstructions to navigation, $2,412,000,000, to 
remain available until expended, of which such sums as 
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are necessary to cover the Federal share of eligible oper-
ation and maintenance costs for coastal harbors and chan-
nels, and for inland harbors shall be derived from the Har-
bor Maintenance Trust Fund; of which such sums as be-
come available from the special account for the Corps of 
Engineers established by the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a(i)) shall be 
derived from that account for resource protection, re-
search, interpretation, and maintenance activities related 
to resource protection in the areas at which outdoor recre-
ation is available; and of which such sums as become avail-
able from fees collected under section 217 of Public Law 
104–303 shall be used to cover the cost of operation and 
maintenance of the dredged material disposal facilities for 
which such fees have been collected: Provided, That 1 per-
cent of the total amount of funds provided for each of the 
programs, projects or activities funded under this heading 
shall not be allocated to a field operating activity prior 
to the beginning of the fourth quarter of the fiscal year 
and shall be available for use by the Chief of Engineers 
to fund such emergency activities as the Chief of Engi-
neers determines to be necessary and appropriate, and 
that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been 
used for emergency activities proportionally in accordance 
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with the amounts provided for the programs, projects or 
activities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$193,000,000, to remain available until September 30, 
2013. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $109,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurri-
cane, and other natural disasters and support emergency 
operations, repairs, and other activities in response to 
such disasters as authorized by law, $27,000,000, to re-
main available until expended. 
EXPENSES 
For expenses necessary for the supervision and gen-
eral administration of the civil works program in the head-
quarters of the Corps of Engineers and the offices of the 
Division Engineers; and for costs of management and op-
eration of the Humphreys Engineer Center Support Activ-
ity, the Institute for Water Resources, the United States 
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Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Cen-
ter allocable to the civil works program, $185,000,000, to 
remain available until September 30, 2013, of which not 
to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal 
year: Provided, That no part of any other appropriation 
provided in title I of this Act shall be available to fund 
the civil works activities of the Office of the Chief of Engi-
neers or the civil works executive direction and manage-
ment activities of the division offices: Provided further, 
That any Flood Control and Coastal Emergencies appro-
priation may be used to fund the supervision and general 
administration of emergency operations, repairs, and other 
activities in response to any flood, hurricane, or other nat-
ural disaster. 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 
FOR CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until September 30, 2013. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
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to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act 
that remain available for obligation or expenditure in fiscal 
year 2012, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
is received from the House and Senate Committees 
on Appropriations; 
(5) augments or reduces existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
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proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000: Provided further, That up to $25,000 may 
be reprogrammed into any continuing study or activ-
ity that did not receive an appropriation for existing 
obligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the 
base amount up to a limit of $3,000,000 per project, 
study or activity is allowed: Provided, That for a 
base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to 
$3,000,000 may be reprogrammed for settled con-
tractor claims, changed conditions, or real estate de-
ficiency judgments: Provided further, That up to 
$300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropria-
tion for existing obligations and concomitant admin-
istrative expenses; 
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(8) OPERATION
AND
MAINTENANCE.—Unlim-
ited reprogramming authority is granted in order for 
the Corps to be able to respond to emergencies: Pro-
vided, That the Chief of Engineers must notify the 
House and Senate Committees on Appropriations of 
these emergency actions as soon thereafter as prac-
ticable: Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the 
base amount a limit of $5,000,000 per project, study 
or activity is allowed: Provided further, That for a 
base level less than $1,000,000, the reprogramming 
limit is $150,000: Provided further, That $150,000 
may be reprogrammed into any continuing study or 
activity that did not receive an appropriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.— 
The same reprogramming guidelines for the Inves-
tigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tribu-
taries Account as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 per-
cent of the base of the receiving project is permitted. 
(b) DE MINIMUS REPROGRAMMINGS.—In no case 
should a reprogramming for less than $50,000 be sub-
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mitted to the House and Senate Committees on Appro-
priations. 
(c) CONTINUING
AUTHORITIES
PROGRAM.—Sub-
section (a)(1) shall not apply to any project or activity 
funded under the continuing authorities program. 
(d) Not later than 60 days after the date of enact-
ment of this Act, the Corps of Engineers shall submit a 
report to the House and Senate Committees on Appropria-
tions to establish the baseline for application of re-
programming and transfer authorities for the current fis-
cal year: Provided, That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest. 
SEC. 102. None of the funds made available in this 
title may be used to award or modify any contract that 
commits funds beyond the amounts appropriated for that 
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program, project, or activity that remain unobligated, ex-
cept that such amounts may include any funds that have 
been made available through reprogramming pursuant to 
section 101. 
SEC. 103. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment, shall be used to award any continuing contract 
that commits additional funding from the Inland Water-
ways Trust Fund unless or until such time that a long- 
term mechanism to enhance revenues in this Fund suffi-
cient to meet the cost-sharing authorized in the Water Re-
sources Development Act of 1986 (Public Law 99–662) 
is enacted. 
SEC. 104. Within 120 days of the date of the Chief 
of Engineers Report on a water resource matter, the As-
sistant Secretary of the Army (Civil Works) shall submit 
the report to the appropriate authorizing and appro-
priating committees of the Congress. 
SEC. 105. During the fiscal year period covered by 
this Act, the Secretary of the Army is authorized to imple-
ment measures recommended in the efficacy study author-
ized under section 3061 of the Water Resources Develop-
ment Act of 2007 (121 Stat. 1121) or in interim reports, 
with such modifications or emergency measures as the 
Secretary of the Army determines to be appropriate, to 
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prevent aquatic nuisance species from dispersing into the 
Great Lakes by way of any hydrologic connection between 
the Great Lakes and the Mississippi River Basin. 
SEC. 106. The Secretary is authorized to transfer to 
‘‘Corps 
of 
Engineers—Civil—Construction’’ 
up 
to 
$100,000,000 of the funds provided for reinforcing or re-
placing flood walls under the heading ‘‘Corps of Engi-
neers—Civil—Flood Control and Coastal Emergencies’’ in 
Public Law 109–234 and Public Law 110–252 and up to 
$75,000,000 of the funds provided for projects and meas-
ures for the West Bank and Vicinity and Lake 
Ponchartrain and Vicinity projects under the heading 
‘‘Corps of Engineers—Civil—Flood Control and Coastal 
Emergencies’’ in Public Law 110–28, to be used with 
funds provided for the West Bank and Vicinity project 
under the heading ‘‘Corps of Engineers—Civil—Construc-
tion’’ in Public Law 110–252 and Public Law 110–329, 
consistent with 65 percent Federal and 35 percent non- 
Federal cost share and the financing of, and payment 
terms for, the non-Federal cash contribution associated 
with the West Bank and Vicinity project. 
SEC. 107. The Secretary of the Army may transfer 
to the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $3,800,000 of funds 
provided in this title under the heading ‘‘Operation and 
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Maintenance’’ to mitigate for fisheries lost due to Corps 
of Engineers projects. 
SEC. 108. The Secretary of the Army may authorize 
a member of the Armed Forces under the Secretary’s ju-
risdiction and employees of the Department of the Army 
to serve without compensation as director, officer, or oth-
erwise in the management of the organization established 
to support and maintain the participation of the United 
States in the permanent international commission of the 
congresses of navigation, or any successor entity. 
SEC. 109. (a) ACQUISITION.—The Secretary is au-
thorized to acquire any real property and associated real 
property interests in the vicinity of Hanover, New Hamp-
shire as may be needed for the Engineer Research and 
Development Center laboratory facilities at the Cold Re-
gions Research and Engineering Laboratory. This real 
property to be acquired consists of 18.5 acres more or less, 
identified as Tracts 101–1 and 101–2, together with all 
necessary easements located entirely within the Town of 
Hanover, New Hampshire. The real property is generally 
bounded to the east by state route 10-Lyme Road, to the 
north by the vacant property of the Trustees of the Dart-
mouth College, to the south by Fletcher Circle graduate 
student housing owned by the Trustees of Dartmouth Col-
lege, and to the west by approximately 9 acres of real 
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property acquired in fee through condemnation in 1981 
by the Secretary of the Army. 
(b) REVOLVING FUND.—The Secretary is authorized 
to use the Revolving Fund (33 U.S.C. 576) through the 
Plant Replacement and Improvement Program to acquire 
the real property and associated real property interests in 
subsection (a). The Secretary shall ensure that the Revolv-
ing Fund is appropriately reimbursed from the benefitting 
appropriations. 
(c) RIGHT OF FIRST REFUSAL.—The Secretary may 
provide the Seller of any real property and associated 
property interests identified in subsection (a)— 
(1) a right of first refusal to acquire such prop-
erty, or any portion thereof, in the event the prop-
erty, or any portion thereof, is no longer needed by 
the Department of the Army. 
(2) a right of first refusal to acquire any real 
property or associated real property interests ac-
quired by condemnation in Civil Action No. 81–360– 
L, in the event the property, or any portion thereof, 
is no longer needed by the Department of the Army. 
(3) the purchase of any property by the Seller 
exercising either right of first refusal authorized in 
this section shall be for consideration acceptable to 
the Secretary and shall be for not less than fair 
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market value at the time the property becomes avail-
able for purchase. The right of first refusal author-
ized in this section shall not inure to the benefit of 
the Sellers successors or assigns. 
(d) DISPOSAL.—The Secretary of the Army is au-
thorized to dispose of any property or associated real prop-
erty interests that are subject to the exercise of the right 
of first refusal as set forth herein. 
SEC. 110. None of the funds made available in this 
Act may be used by the Corps of Engineers to relocate, 
or study the relocation of, any regional division head-
quarters of the Corps located at a military installation or 
any permanent employees of such headquarters. 
SEC. 111. (a) Section 5 of the Act entitled ‘‘An Act 
authorizing the construction of certain public works on 
rivers and harbors for flood control, and for other pur-
poses,’’ approved June 22, 1936, (33 U.S.C. 701h), is 
amended by— 
(1) inserting ‘‘for work, which includes planning 
and design,’’ before ‘‘to be expended’’; 
(2) striking ‘‘flood control or environmental res-
toration work’’ and inserting ‘‘water resources devel-
opment study or project’’; and 
(3) inserting ‘‘: Provided further, That the term 
‘States’ means the several States, the District of Co-
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lumbia, the commonwealths, territories, and posses-
sions of the United States, and Federally recognized 
Indian tribes’’ before the period. 
(b) The Secretary shall notify the appropriate com-
mittees of Congress prior to initiation of negotiations for 
accepting contributed funds under 33 U.S.C. 701h. 
SEC. 112. With respect to the property covered by 
the deed described in Auditor’s instrument No. 2006– 
014428 of Benton County, Washington, approximately 1.5 
acres, the following deed restrictions are hereby extin-
guished and of no further force and effect: 
(1) The reversionary interest and use restric-
tions related to port and industrial purposes; 
(2) The right for the District Engineer to re-
view all pre-construction plans and/or specifications 
pertaining to construction and/or maintenance of 
any structure intended for human habitation, if the 
elevation of the property is above the standard 
project flood elevation; and 
(3) The right of the District Engineer to object 
to, and thereby prevent, in his/her discretion, such 
activity. 
SEC. 113. That portion of the project for navigation, 
Block Island Harbor of Refuge, Rhode Island adopted by 
the Rivers and Harbors Act of July 11, 1870, consisting 
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of the cut-stone breakwater lining the west side of the 
Inner Basin; beginning at a point with coordinates 
N32579.55, E312625.53, thence running northerly about 
76.59 feet to a point with coordinates N32655.92, 
E312631.32, thence running northerly about 206.81 feet 
to a point with coordinates N32858.33, E312673.74, 
thence running easterly about 109.00 feet to a point with 
coordinates N32832.15, E312779.54, shall no longer be 
authorized after the date of enactment. 
SEC. 114. The Secretary of the Army, acting through 
the Chief of Engineers, is authorized, using amounts avail-
able in the Revolving Fund established by section 101 of 
the Act of July 27, 1953, chap. 245 (33 U.S.C. 576), to 
construct a Consolidated Infrastructure Research Equip-
ment Facility, an Environmental Processes and Risk Lab, 
a Hydraulic Research Facility, an Engineer Research and 
Development Center headquarters building, a Modular 
Hydraulic Flume building, and to purchase real estate, 
perform construction, and make facility, utility, street, 
road, and infrastructure improvements to the Engineer 
Research and Development Center’s installations and fa-
cilities. The Secretary shall ensure that the Revolving 
Fund is appropriately reimbursed from the benefitting ap-
propriations. 
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SEC. 115. Section 1148 of the Water Resources De-
velopment Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 
114 Stat. 2609) is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) DISPOSITION OF ACQUIRED LAND.—The Sec-
retary may transfer land acquired under this section to 
the non-Federal sponsor by quitclaim deed subject to such 
terms and conditions as the Secretary determines to be 
in the public interest.’’. 
SEC. 116. The New London Disposal Site and the 
Cornfield Shoals Disposal Site in Long Island Sound se-
lected by the Department of the Army as alternative 
dredged material disposal sites under section 103(b) of the 
Marine Protection, Research, and Sanctuaries Act of 
1972, as amended, shall remain open for 5 years after en-
actment of this Act to allow for completion of a Supple-
mental Environmental Impact Statement to support final 
designation of an Ocean Dredged Material Disposal Site 
in eastern Long Island Sound under section 102(c) of the 
Marine Protection, Research, and Sanctuaries Act of 
1972. 
SEC. 117. (a) That portion of the project for naviga-
tion, Newport Harbor, Rhode Island adopted by the Rivers 
and Harbors Acts of March 2, 1907 (34 Stat. 1075); June 
25, 1910 (36 Stat. 632); August 26, 1937 (50 Stat. 845); 
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and, modified by the Consolidated Appropriations Act, 
2000, Public Law 106–113, appendix E, title II, section 
221 (113 Stat. 1501A–298); consisting of a 13-foot an-
chorage, an 18-foot anchorage, a 21-foot channel, and 18- 
foot channels described by the following shall no longer 
be authorized after the date of enactment of this Act: the 
21-Foot Entrance Channel, beginning at a point (1) with 
coordinates 374986.03, 150611.01; thence running south 
46 degrees 54 minutes 30.7 seconds east 900.01 feet to 
a point (2) with coordinates 375643.27, 149996.16; 
thence running south 8 degrees 4 minutes 58.3 east 
2,376.87 feet to a point (3) with coordinates 375977.47, 
147643.00; thence running south 4 degrees 28 minutes 
20.4 seconds west 738.56 feet to a point (4) with coordi-
nates 375919.88, 146906.60; thence running south 6 de-
grees 2 minutes 42.4 seconds east 1,144.00 feet to a point 
(5) with coordinates 376040.35, 145768.96; thence run-
ning south 34 degrees 5 minutes 51.7 seconds west 707.11 
feet to a point (6) with coordinates 375643.94, 
145183.41; thence running south 73 degrees 11 minutes 
42.9 seconds west 1,300.00 feet to the end point (7) with 
coordinates 374399.46, 144807.57; returning at a point 
with coordinates (8) with coordinates 374500.64, 
144472.51; thence running north 73 degrees 11 minutes 
42.9 seconds east 1,582.85 feet to a point (9) with coordi-
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nates 376015.90, 144930.13; thence running north 34 de-
grees 5 minutes 51.7 seconds east 615.54 feet to a point 
(10) with coordinates 376360.97, 145439.85; thence run-
ning north 2 degrees 10 minutes 43.3 seconds west 
2,236.21 feet to a point (11) with coordinates 376275.96, 
147674.45; thence running north 8 degrees 4 minutes 
55.6 seconds west 2,652.83 feet to a point (12) with co-
ordinates 375902.99, 150300.93; thence running north 46 
degrees 54 minutes 30.7 seconds west 881.47 feet to an 
end point (13) with coordinates 375259.29, 150903.12; 
and the 18-Foot South Goat Island Channel beginning at 
a point (14) with coordinates 375509.09, 149444.83; 
thence running south 25 degrees 44 minutes 0.5 second 
east 430.71 feet to a point (15) with coordinates 
375696.10, 149056.84; thence running south 10 degrees 
13 minutes 27.4 seconds east 1,540.89 feet to a point (16) 
with coordinates 375969.61, 147540.41; thence running 
south 4 degrees 29 minutes 11.3 seconds west 1,662.92 
feet to a point (17) with coordinates 375839.53, 
145882.59; thence running south 34 degrees 5 minutes 
51.7 seconds west 547.37 feet to a point (18) with coordi-
nates 375532.67, 145429.32; thence running south 86 de-
grees 47 minutes 37.7 seconds west 600.01 feet to an end 
point (19) with coordinates 374933.60, 145395.76; and 
the 18-Foot Entrance Channel beginning at a point (20) 
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with coordinates 374567.14, 144252.33; thence running 
north 73 degrees 11 minutes 42.9 seconds east 1,899.22 
feet to a point (21) with coordinates 376385.26, 
144801.42; thence running north 2 degrees 10 minutes 
41.5 seconds west 638.89 feet to an end point (10) with 
coordinates 376360.97, 145439.85; and the 18-Foot 
South Anchorage beginning at a point (22) with coordi-
nates 376286.81, 147389.37; thence running north 78 de-
grees 56 minutes 15.6 seconds east 404.86 feet to a point 
(23) with coordinates 376684.14, 147467.05; thence run-
ning north 78 degrees 56 minutes 15.6 seconds east 
1,444.33 feet to a point (24) with coordinates 378101.63, 
147744.18; thence running south 5 degrees 18 minutes 
43.8 seconds west 1,228.20 feet to a point (25) with co-
ordinates 377987.92, 146521.26; thence running south 3 
degrees 50 minutes 3.4 seconds east 577.84 feet to a point 
(26) with coordinates 378026.56, 145944.71; thence run-
ning south 44 degrees 32 minutes 14.7 seconds west 
2,314.09 feet to a point (27) with coordinates 376403.52, 
144295.24 thence running south 60 degrees 5 minutes 
58.2 seconds west 255.02 feet to an end point (28) with 
coordinates 376182.45, 144168.12; and the 13-Foot An-
chorage beginning at a point (29) with coordinates 
376363.39, 143666.99; thence running north 63 degrees 
34 minutes 19.3 seconds east 1,962.37 feet to a point (30) 
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with coordinates 378120.68, 144540.38; thence running 
north 3 degrees 50 minutes 3.1 seconds west 1,407.47 feet 
to an end point (26) with coordinates 378026.56, 
145944.71; and the 18-Foot East Channel beginning at 
a point (23) with coordinates 376684.14, 147467.05; 
thence running north 2 degrees 10 minutes 43.3 seconds 
west 262.95 feet to a point (31) with coordinates 
376674.14, 147729.81; thence running north 9 degrees 42 
minutes 20.3 seconds west 301.35 feet to a point (32) with 
coordinates 376623.34, 148026.85; thence running south 
80 degrees 17 minutes 42.4 seconds west 313.6 feet to 
a point (33) with coordinates 376314.23, 147973.99; 
thence running north 7 degrees 47 minutes 21.9 seconds 
west 776.24 feet to an end point (34) with coordinates 
376209.02, 148743.06; and the 18-Foot North Anchorage 
beginning at a point (35) with coordinates 376123.98, 
148744.69; thence running south 88 degrees 54 minutes 
16.2 seconds east 377.90 feet to a point (36) with coordi-
nates 376501.82, 148737.47; thence running north 9 de-
grees 42 minutes 19.0 seconds west 500.01 feet to a point 
(37) with coordinates 376417.52, 149230.32; thence run-
ning north 6 degrees 9 minutes 53.2 seconds west 
1,300.01 feet to an end point (38) with coordinates 
376277.92, 150522.81. 
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(b) The area described by the following shall be redes-
ignated as an eighteen-foot channel and turning basin: Be-
ginning at a point (1) with coordinates N144759.41, 
E374413.16; thence running north 73 degrees 11 minutes 
42.9 seconds east 1,252.88 feet to a point (2) with coordi-
nates N145121.63, E375612.53; thence running north 26 
degrees 29 minutes 48.1 seconds east 778.89 feet to a 
point (3) with coordinates N145818.71, E375960.04; 
thence running north 0 degrees 3 minutes 38.1 seconds 
west 1,200.24 feet to a point (4) with coordinates 
N147018.94, E375958.77; thence running north 2 de-
grees 22 minutes 45.2 seconds east 854.35 feet to a point 
(5) with coordinates N147872.56, E375994.23; thence 
running north 7 degrees 47 minutes 21.9 seconds west 
753.83 feet to a point (6) with coordinates N148619.44, 
E375892.06; thence running north 88 degrees 46 minutes 
16.7 seconds east 281.85 feet to a point (7) with coordi-
nates N148625.48, E376173.85; thence running south 7 
degrees 47 minutes 21.9 seconds east 716.4 feet to a point 
(8) with coordinates N147915.69, E376270.94; thence 
running north 80 degrees 17 minutes 42.3 seconds east 
315.3 feet to a point (9) with coordinates N147968.85, 
E.76581.73; thence running south 9 degrees 42 minutes 
20.3 seconds east 248.07 feet to a point (10) with coordi-
nates N147724.33, E376623.55; thence running south 2 
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degrees 10 minutes 43.3 seconds east 318.09 feet to a 
point (11) with coordinates N147406.47, E376635.64; 
thence running north 78 degrees 56 minutes 15.6 seconds 
east 571.11 feet to a point (12) with coordinates 
N147516.06, E377196.15; thence running south 88 de-
grees 57 minutes 2.3 seconds east 755.09 feet to a point 
(13) with coordinates N147502.23, E377951.11; thence 
running south 1 degree 2 minutes 57.7 seconds west 
100.00 feet to a point (14) with coordinates N147402.25, 
E377949.28; thence running north 88 degrees 57 minutes 
2.3 seconds west 744.48 feet to a point (15) with coordi-
nates N147415.88, E377204.92; thence running south 78 
degrees 56 minutes 15.6 seconds west 931.17 feet to a 
point (16) with coordinates N147237.21, E376291.06; 
thence running south 39 degrees 26 minutes 18.7 seconds 
west 208.34 feet to a point (17) with coordinates 
N147076.31, E376158.71; thence running south 0 de-
grees 3 minutes 38.1 seconds east 1,528.26 feet to a point 
(18) with coordinates N145548.05, E376160.32; thence 
running south 26 degrees 29 minutes 48.1 seconds west 
686.83 feet to a point (19) with coordinates N144933.37, 
E375853.90; thence running south 73 degrees 11 minutes 
42.9 seconds west 1,429.51 feet to end at a point (20) 
with coordinates N144520.08, E374485.44. 
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192 
SEC. 118. None of the funds made available to the 
Corps of Engineers by this Act may be used for the re-
moval or associated mitigation of Federal Energy Regu-
latory Commission Project number 2342. 
SEC. 119. None of the funds made available by this 
Act may be used for the study of the Missouri River 
Projects authorized in section 108 of the Energy and 
Water Development and Related Agencies Appropriations 
Act, 2009 (division C of Public Law 111–8). 
SEC. 120. None of the funds made available in this 
Act may be used to continue the study conducted by the 
Army Corps of Engineers pursuant to section 5018(a)(1) 
of the Water Resources Development Act of 2007. 
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TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $27,154,000, to remain 
available until expended, of which $2,000,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission. In addition, for nec-
essary expenses incurred in carrying out related respon-
sibilities of the Secretary of the Interior, $1,550,000. For 
fiscal year 2012, the Commission may use an amount not 
to exceed $1,500,000 for administrative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to 
execute authorized functions of the Bureau of Reclama-
tion: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
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cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally 
recognized Indian tribes, and others, $895,000,000, to re-
main available until expended, of which $10,698,000 shall 
be available for transfer to the Upper Colorado River 
Basin Fund and $6,136,000 shall be available for transfer 
to the Lower Colorado River Basin Development Fund; 
of which such amounts as may be necessary may be ad-
vanced to the Colorado River Dam Fund: Provided, That 
such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, 
That of the total appropriated, the amount for program 
activities that can be financed by the Reclamation Fund 
or the Bureau of Reclamation special fee account estab-
lished by 16 U.S.C. 460l–6a(i) shall be derived from that 
Fund or account: Provided further, That funds contributed 
under 43 U.S.C. 395 are available until expended for the 
purposes for which contributed: Provided further, That 
funds advanced under 43 U.S.C. 397a shall be credited 
to this account and are available until expended for the 
same purposes as the sums appropriated under this head-
ing: Provided further, That of the amounts provided here-
in, funds may be used for high priority projects which 
shall be carried out by the Youth Conservation Corps, as 
authorized by 16 U.S.C. 1706. 
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CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habi-
tat restoration, improvement, and acquisition provisions of 
the Central Valley Project Improvement Act, $53,068,000, 
to be derived from such sums as may be collected in the 
Central Valley Project Restoration Fund pursuant to sec-
tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102–575, to remain available until expended: Provided, 
That the Bureau of Reclamation is directed to assess and 
collect the full amount of the additional mitigation and 
restoration payments authorized by section 3407(d) of 
Public Law 102–575: Provided further, That none of the 
funds made available under this heading may be used for 
the acquisition or leasing of water for in-stream purposes 
if the water is already committed to in-stream purposes 
by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
consistent with plans to be approved by the Secretary of 
the Interior, $39,651,000, to remain available until ex-
pended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate 
accounts of other participating Federal agencies to carry 
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196 
out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the 
costs of CALFED Program management: Provided fur-
ther, That the use of any funds provided to the California 
Bay-Delta Authority for program-wide management and 
oversight activities shall be subject to the approval of the 
Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concur-
rent progress in achieving the goals and objectives of the 
Program. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and 
related functions in the Office of the Commissioner, the 
Denver office, and offices in the five regions of the Bureau 
of Reclamation, to remain available until September 30, 
2013, $60,000,000, to be derived from the Reclamation 
Fund and be nonreimbursable as provided in 43 U.S.C. 
377: Provided, That no part of any other appropriation 
in this Act shall be available for activities or functions 
budgeted as policy and administration expenses. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed five passenger 
motor vehicles, which are for replacement only. 
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GENERAL PROVISIONS—DEPARTMENT OF THE 
INTERIOR 
SEC. 201. (a) None of the funds provided in title II 
of this Act for Water and Related Resources, or provided 
by previous appropriations Acts to the agencies or entities 
funded in title II of this Act for Water and Related Re-
sources that remain available for obligation or expenditure 
in fiscal year 2012, shall be available for obligation or ex-
penditure through a reprogramming of funds that— 
(1) initiates or creates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or 
activity for which funds have been denied or re-
stricted by this Act, unless prior approval is received 
from the Committees on Appropriations of the 
House of Representatives and the Senate; 
(4) restarts or resumes any program, project or 
activity for which funds are not provided in this Act, 
unless prior approval is received from the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate; 
(5) transfers funds in excess of the following 
limits, unless prior approval is received from the 
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Committees on Appropriations of the House of Rep-
resentatives and the Senate: 
(A) 15 percent for any program, project or 
activity for which $2,000,000 or more is avail-
able at the beginning of the fiscal year; or 
(B) $300,000 for any program, project or 
activity for which less than $2,000,000 is avail-
able at the beginning of the fiscal year; 
(6) transfers more than $500,000 from either 
the Facilities Operation, Maintenance, and Rehabili-
tation category or the Resources Management and 
Development category to any program, project, or 
activity in the other category, unless prior approval 
is received from the Committees on Appropriations 
of the House of Representatives and the Senate; or 
(7) transfers, where necessary to discharge legal 
obligations of the Bureau of Reclamation, more than 
$5,000,000 to provide adequate funds for settled 
contractor claims, increased contractor earnings due 
to accelerated rates of operations, and real estate de-
ficiency judgments, unless prior approval is received 
from the Committees on Appropriations of the 
House of Representatives and the Senate. 
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(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing 
all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly re-
port shall be submitted not later than 60 days after the 
date of enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary 
of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
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200 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
SEC. 203. Section 529(b)(3) of Public Law 106–541, 
as amended by section 115 of Public Law 109–103, is fur-
ther amended by striking ‘‘$20,000,000’’ and inserting 
‘‘$30,000,000’’ in lieu thereof. 
SEC. 204. Section 8 of the Water Desalination Act 
of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is 
amended— 
(1) in subsection (a), in the first sentence, by 
striking ‘‘2011’’ and inserting ‘‘2013’’; and 
(2) in subsection (b), by striking ‘‘$25,000,000 
for fiscal years 1997 through 2011’’ and inserting 
‘‘$3,000,000 for each of fiscal years 2012 through 
2013’’. 
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201 
SEC. 205. The Federal policy for addressing Califor-
nia’s water supply and environmental issues related to the 
Bay-Delta shall be consistent with State law, including the 
co-equal goals of providing a more reliable water supply 
for the State of California and protecting, restoring, and 
enhancing the Delta ecosystem. The Secretary of the Inte-
rior, the Secretary of Commerce, the Army Corps of Engi-
neers and the Environmental Protection Agency Adminis-
trator shall jointly coordinate the efforts of the relevant 
agencies and work with the State of California and other 
stakeholders to complete and issue the Bay Delta Con-
servation Plan Final Environmental Impact Statement no 
later than February 15, 2013. Nothing herein modifies ex-
isting requirements of Federal law. 
SEC. 206. The Secretary of the Interior may partici-
pate in non-Federal groundwater banking programs to in-
crease the operational flexibility, reliability, and efficient 
use of water in the State of California, and this participa-
tion may include making payment for the storage of Cen-
tral Valley Project water supplies, the purchase of stored 
water, the purchase of shares or an interest in ground 
banking facilities, or the use of Central Valley Project 
water as a medium of payment for groundwater banking 
services: Provided, That the Secretary of the Interior shall 
participate in groundwater banking programs only to the 
VerDate Mar 15 2010 
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202 
extent allowed under State law and consistent with water 
rights applicable to the Central Valley Project: Provided 
further, That any water user to which banked water is de-
livered shall pay for such water in the same manner pro-
vided by that water user’s then-current Central Valley 
Project water service, repayment, or water rights settle-
ment contract at the rate provided by the then-current 
Central-Valley Project Irrigation or Municipal and Indus-
trial Rate Setting Policies; and: Provided further, That in 
implementing this section, the Secretary of the Interior 
shall comply with applicable environmental laws, including 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) Nothing herein shall alter or 
limit the Secretary’s existing authority to use groundwater 
banking to meet existing fish and wildlife obligations. 
SEC. 207. (a) Subject to compliance with all applica-
ble Federal and State laws, a transfer of irrigation water 
among Central Valley Project contractors from the Friant, 
San Felipe, West San Joaquin, and Delta divisions, and 
a transfer from a long-term Friant Division water service 
or repayment contractor to a temporary or prior tem-
porary service contractors within the place of use in exist-
ence on the date of the transfer, as identified in the Bu-
reau of Reclamation water rights permits for the Friant 
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Division, shall be considered to meet the conditions de-
scribed in subparagraphs (A) and (I) of section 3405(a)(1) 
of the Reclamation Projects Authorization and Adjust-
ment Act of 1992 (Public Law 102–575; 106 Stat. 4709). 
(b) The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service 
and the Commissioner of the Bureau of Reclamation shall 
initiate and complete, on the most expedited basis prac-
ticable, programmatic environmental compliance so as to 
facilitate voluntary water transfers within the Central Val-
ley Project, consistent with all applicable Federal and 
State law. 
(c) Not later than 180 days after the date of enact-
ment of this Act and each of the 4 years thereafter, the 
Commissioner of the Bureau of Reclamation shall submit 
to the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Appropriations of the 
Senate a report that describes the status of efforts to help 
facilitate and improve the water transfers within the Cen-
tral Valley Project and water transfers between the Cen-
tral Valley Project and other water projects in the State 
of California; evaluates potential effects of this Act on 
Federal programs, Indian tribes, Central Valley Project 
operations, the environment, groundwater aquifers, ref-
uges, and communities; and provides recommendations on 
VerDate Mar 15 2010 
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204 
ways to facilitate and improve the process for these trans-
fers. 
VerDate Mar 15 2010 
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205 
SEC. 208. (a) PERMITTED USES.—Section 2507(b) 
of the Farm Security and Rural Investment Act of 2002 
(43 U.S.C. 2211 note; Public Law 107–171) is amend-
ed— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘In any case in which there are willing sell-
ers’’ and inserting ‘‘For the benefit of at-risk nat-
ural desert terminal lakes and associated riparian 
and watershed resources, in any case in which there 
are willing sellers or willing participants’’; 
(2) in paragraph (2), by striking ‘‘in the Walk-
er River’’ and all that follows through ‘‘119 Stat. 
2268)’’; and 
(3) in paragraph (3), by striking ‘‘in the Walk-
er River Basin’’. 
(b) WALKER BASIN RESTORATION PROGRAM.—Sec-
tion 208(b) of the Energy and Water Development and 
Related Agencies Appropriations Act, 2010 (Public Law 
111–85; 123 Stat. 2858) is amended— 
(1) in paragraph (1)(B)(iv), by striking ‘‘exer-
cise water rights’’ and inserting ‘‘manage land, 
water appurtenant to the land, and related inter-
ests’’; and 
(2) in paragraph (2)(A), by striking ‘‘The 
amount made available under subsection (a)(1) shall 
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206 
be provided to the National Fish and Wildlife Foun-
dation’’ and inserting ‘‘Any amount made available 
to the National Fish and Wildlife Foundation under 
subsection (a) shall be provided’’. 
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TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
efficiency and renewable energy activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$1,825,000,000, to remain available until expended: Pro-
vided, That $165,000,000 shall be available until Sep-
tember 30, 2013 for program direction: Provided further, 
That for the purposes of allocating weatherization assist-
ance funds appropriated by this Act to States and tribes, 
the Secretary of Energy may waive the allocation formula 
established pursuant to section 414(a) of the Energy Con-
servation and Production Act (42 U.S.C. 6864(a)): Pro-
vided further, That of the unobligated balances available 
under this heading, $9,909,000 are hereby rescinded: Pro-
vided further, That no amounts may be rescinded from 
amounts that were designated by the Congress as an 
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emergency requirement pursuant to the Concurrent Reso-
lution on the Budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for elec-
tricity delivery and energy reliability activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $139,500,000, to remain available until expended: 
Provided, That $27,010,000 shall be available until Sep-
tember 30, 2013 for program direction. 
NUCLEAR ENERGY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for nuclear 
energy activities in carrying out the purposes of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisi-
tion, construction, or expansion, and the purchase of not 
more 
than 
buses, 
all 
for 
replacement 
only, 
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$768,663,000, to remain available until expended: Pro-
vided, That $91,000,000 shall be available until Sep-
tember 30, 2013 for program direction. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses in carrying out fossil energy 
research and development activities, under the authority 
of the Department of Energy Organization Act (Public 
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property 
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, 
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602, 
and 1603), $534,000,000, to remain available until ex-
pended: Provided, That $120,000,000 shall be available 
until September 30, 2013 for program direction: Provided 
further, That for all programs funded under Fossil Energy 
appropriations in this Act or any other Act, the Secretary 
may vest fee title or other property interests acquired 
under projects in any entity, including the United States: 
Provided 
further, 
That 
of 
prior-year 
balances, 
$187,000,000 are hereby rescinded: Provided further, 
That no rescission made by the previous proviso shall 
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apply to any amount previously appropriated in Public 
Law 111–5 or designated by the Congress as an emer-
gency requirement pursuant to a concurrent resolution on 
the budget or the Balanced Budget and Emergency Def-
icit Control Act of 1985. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, $14,909,000, to remain 
available until expended: Provided, That, notwithstanding 
any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum 
and oil shale reserve activities. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), $192,704,000, to remain available until expended. 
SPR PETROLEUM ACCOUNT 
(INCLUDING RESCISSION OF FUNDS) 
Of the amounts deposited in the SPR Petroleum Ac-
count established under section 167 of the Energy Policy 
and Conservation Act (42 U.S.C. 6247) in fiscal year 
2011 which remain available for obligation under that sec-
tion, $500,000,000 are hereby permanently rescinded. 
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NORTHEAST HOME HEATING OIL RESERVE 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act, 
$10,119,000, to remain available until expended: Pro-
vided, That amounts net of the purchase of 1 million bar-
rels of petroleum distillates in fiscal year 2011; costs re-
lated to transportation, delivery, and storage; and sales 
of petroleum distillate from the Reserve under section 182 
of the Energy Policy and Conservation Act (42 U.S.C. 
6250a) are hereby permanently rescinded: Provided fur-
ther, That notwithstanding section 181 of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6250), for fiscal year 
2012 and hereafter, the Reserve shall contain no more 
than 1 million barrels of petroleum distillate. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $105,000,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the 
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212 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, 
$235,721,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the 
Atomic Energy Act of 1954, and title X, subtitle A, of 
the Energy Policy Act of 1992, $472,930,000, to be de-
rived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, to remain available until ex-
pended. 
SCIENCE 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for science 
activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not more than 49 pas-
senger motor vehicles for replacement only, including one 
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ambulance and one bus, $4,889,000,000, to remain avail-
able until expended: Provided, That $185,000,000 shall be 
available until September 30, 2013 for program direction. 
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 
For necessary expenses in carrying out the activities 
authorized by section 5012 of the America COMPETES 
Act (Public Law 110–69), as amended, $275,000,000: 
Provided, That $20,000,000 shall be available until Sep-
tember 30, 2013 for program direction. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Such sums as are derived from amounts received 
from borrowers pursuant to section 1702(b)(2) of the En-
ergy Policy Act of 2005 under this heading in prior Acts, 
shall be collected in accordance with section 502(7) of the 
Congressional Budget Act of 1974: Provided, That for 
necessary administrative expenses to carry out this Loan 
Guarantee program, $38,000,000 is appropriated, to re-
main available until expended: Provided further, That 
$38,000,000 of the fees collected pursuant to section 
1702(h) of the Energy Policy Act of 2005 shall be credited 
as offsetting collections to this account to cover adminis-
trative expenses and shall remain available until expended, 
so as to result in a final fiscal year 2012 appropriation 
from the general fund estimated at not more than $0: Pro-
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vided further, That fees collected under section 1702(h) 
in excess of the amount appropriated for administrative 
expenses shall not be available until appropriated. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOAN PROGRAM 
For administrative expenses in carrying out the Ad-
vanced Technology Vehicles Manufacturing Loan Pro-
gram, $6,000,000, to remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
not 
to 
exceed 
$30,000, 
$237,623,000, to remain available until September 30, 
2013, plus such additional amounts as necessary to cover 
increases in the estimated amount of cost of work for oth-
ers notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such in-
creases in cost of work are offset by revenue increases of 
the same or greater amount, to remain available until ex-
pended: Provided further, That moneys received by the De-
partment for miscellaneous revenues estimated to total 
$111,623,000 in fiscal year 2012 may be retained and 
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215 
used for operating expenses within this account, and may 
remain available until expended, as authorized by section 
201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscella-
neous revenues received during 2012, and any related ap-
propriated receipt account balances remaining from prior 
years’ miscellaneous revenues, so as to result in a final 
fiscal year 2012 appropriation from the general fund esti-
mated at not more than $126,000,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $42,000,000, to remain 
available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense weapons activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
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216 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
the purchase of not to exceed one ambulance and one air-
craft; $7,233,997,000, to remain available until expended: 
Provided, That of such amount not more than 
$89,425,000 may be made available for the B–61 Life Ex-
tension Program until the Administrator of the National 
Nuclear Security Administration submits to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate a final report on the Phase 6.2a design 
definition and cost study. 
DEFENSE NUCLEAR NONPROLIFERATION 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed one passenger motor 
vehicle for replacement only, $2,324,303,000, to remain 
available until expended: Provided, That of the unobli-
gated balances available under this heading, $21,000,000 
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217 
are hereby rescinded: Provided further, That no amounts 
may be rescinded from amounts that were designated by 
the Congress as an emergency requirement pursuant to 
the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$1,080,000,000, to remain available until expended: Pro-
vided, That $40,000,000 shall be available until Sep-
tember 30, 2013 for program direction. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $410,000,000, to remain available 
until September 30, 2013. 
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218 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, and the purchase of not to exceed one ambulance 
and one fire truck for replacement only, $5,023,000,000, 
to remain available until expended: Provided, That 
$321,628,000 shall be available until September 30, 2013 
for program direction. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
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219 
struction, or expansion, and the purchase of not to exceed 
10 passenger motor vehicles for replacement only, 
$823,364,000: Provided, That $114,086,000 shall be 
available until September 30, 2013 for program direction. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for the Kootenai River Native Fish Con-
servation Aquaculture Program, Lolo Creek Permanent 
Weir Facility, and Improving Anadromous Fish produc-
tion on the Warm Springs Reservation, and, in addition, 
for official reception and representation expenses in an 
amount not to exceed $7,000. During fiscal year 2012, 
no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services pursuant to section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
eastern power area, $8,428,000, to remain available until 
expended: Provided, That notwithstanding 31 U.S.C. 3302 
and section 5 of the Flood Control Act of 1944, up to 
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$8,428,000 collected by the Southeastern Power Adminis-
tration from the sale of power and related services shall 
be credited to this account as discretionary offsetting col-
lections, to remain available until expended for the sole 
purpose of funding the annual expenses of the South-
eastern Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $0: Provided further, That, not-
withstanding 31 U.S.C. 3302, up to $100,162,000 col-
lected by the Southeastern Power Administration pursu-
ant to the Flood Control Act of 1944 to recover purchase 
power and wheeling expenses shall be credited to this ac-
count as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power 
and wheeling expenditures: Provided further, That for pur-
poses of this appropriation, annual expenses means ex-
penditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
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221 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $45,010,000, to remain 
available until expended: Provided, That notwithstanding 
31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), up to $33,118,000 collected 
by the Southwestern Power Administration from the sale 
of power and related services shall be credited to this ac-
count as discretionary offsetting collections, to remain 
available until expended, for the sole purpose of funding 
the annual expenses of the Southwestern Power Adminis-
tration: Provided further, That the sum herein appro-
priated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final 
fiscal year 2012 appropriation estimated at not more than 
$11,892,000: Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $40,000,000 collected by the South-
western Power Administration pursuant to the Flood Con-
trol Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting col-
lections, to remain available until expended for the sole 
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purpose of making purchase power and wheeling expendi-
tures: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500; $285,900,000, 
to remain available until expended, of which $278,856,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That notwithstanding 31 U.S.C. 
3302, section 5 of the Flood Control Act of 1944 (16 
U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to 
$189,932,000 collected by the Western Area Power Ad-
ministration from the sale of power and related services 
shall be credited to this account as discretionary offsetting 
collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western 
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Area Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $95,968,000, of which 
$88,924,000 is derived from the Reclamation Fund: Pro-
vided further, That of the amount herein appropriated, not 
more than $3,375,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $306,541,000 collected 
by the Western Area Power Administration pursuant to 
the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheel-
ing expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
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224 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $4,169,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 2 of the Act of June 
18, 1954 (68 Stat. 255) as amended: Provided, That not-
withstanding the provisions of that Act and of 31 U.S.C. 
3302, up to $3,949,000 collected by the Western Area 
Power Administration from the sale of power and related 
services from the Falcon and Amistad Dams shall be cred-
ited to this account as discretionary offsetting collections, 
to remain available until expended for the sole purpose 
of funding the annual expenses of the hydroelectric facili-
ties of these Dams and associated Western Area Power 
Administration activities: Provided further, That the sum 
herein appropriated for annual expenses shall be reduced 
as collections are received during the fiscal year so as to 
result in a final fiscal year 2012 appropriation estimated 
at not more than $220,000: Provided further, That for 
purposes of this appropriation, annual expenses means ex-
penditures that are generally recovered in the same year 
that they are incurred. 
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225 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and representation expenses not to exceed $3,000, 
$304,600,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $304,600,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2012 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2012 so as to result in a 
final fiscal year 2012 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
(INCLUDING RESCISSION AND TRANSFER OF FUNDS) 
SEC. 301. (a) No appropriation, funds, or authority 
made available by this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
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226 
or activity or to prepare or initiate Requests For Proposals 
or 
similar 
arrangements 
(including 
Requests 
for 
Quotations, Requests for Information, and Funding Op-
portunity Announcements) for a program, project, or ac-
tivity if the program, project, or activity has not been 
funded by Congress. 
(b) The Department of Energy may not, with respect 
to any program, project, or activity that uses budget au-
thority made available in this title under the heading ‘‘De-
partment of Energy—Energy Programs’’, enter into a 
multi-year contract, award a multi-year grant, or enter 
into a multi-year cooperative agreement unless the con-
tract, grant, or cooperative agreement includes a clause 
conditioning the Federal Government’s obligation on the 
availability of future-year budget authority and the Sec-
retary notifies the Committees on Appropriations of the 
House of Representatives and the Senate at least 14 days 
in advance. 
(c) Except as provided in this section, the amounts 
made available by this title shall be expended as author-
ized by law for the projects and activities specified in the 
‘‘Conference’’ column in the ‘‘Department of Energy’’ 
table included under the heading ‘‘Title III—Department 
of Energy’’ in the explanatory statement described in sec-
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227 
tion 4 (in the matter preceding division A of this consoli-
dated Act). 
(d) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and 
the Department shall notify the Committees on Appropria-
tions of the House of Representatives and the Senate at 
least 30 days prior to the use of any proposed reprogram-
ming which would cause any program, project, or activity 
funding level to increase or decrease by more than 
$5,000,000 or 10 percent, whichever is less, during the 
time period covered by this Act. 
(e) Notwithstanding subsection (c), none of the funds 
provided in this title shall be available for obligation or 
expenditure through a reprogramming of funds that— 
(1) creates, initiates, or eliminates a program, 
project, or activity, 
(2) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act, or 
(3) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act. 
(f)(1) The Secretary of Energy may waive any re-
quirement or restriction in this section that applies to the 
use of funds made available for the Department of Energy 
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228 
if compliance with such requirement or restriction would 
pose a substantial risk to human health, the environment, 
welfare, or national security. 
(2) The Secretary of Energy shall notify the Commit-
tees on Appropriations of any waiver under paragraph (1) 
as soon as practicable, but not later than 3 days after the 
date of the activity to which a requirement or restriction 
would otherwise have applied. Such notice shall include an 
explanation of the substantial risk under paragraph (1) 
that permitted such waiver. 
SEC. 302. The unexpended balances of prior appro-
priations provided for activities in this Act may be avail-
able to the same appropriation accounts for such activities 
established pursuant to this title. Available balances may 
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund 
for the same time period as originally enacted. 
SEC. 303. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) dur-
ing fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for fiscal year 2012. 
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229 
SEC. 304. (a) SUBMISSION TO CONGRESS.—The Sec-
retary of Energy shall submit to Congress each year, at 
the time that the President’s budget is submitted to Con-
gress that year under section 1105(a) of title 31, United 
States Code, a future-years energy program reflecting the 
estimated expenditures and proposed appropriations in-
cluded in that budget. Any such future-years energy pro-
gram shall cover the fiscal year with respect to which the 
budget is submitted and at least the four succeeding fiscal 
years. A future-years energy program shall be included in 
the fiscal year 2014 budget submission to Congress and 
every fiscal year thereafter. 
(b) ELEMENTS.—Each future-years energy program 
shall contain the following: 
(1) The estimated expenditures and proposed 
appropriations necessary to support programs, 
projects, and activities of the Secretary of Energy 
during the 5-fiscal year period covered by the pro-
gram, expressed in a level of detail comparable to 
that contained in the budget submitted by the Presi-
dent to Congress under section 1105 of title 31, 
United States Code. 
(2) The estimated expenditures and proposed 
appropriations shaped by high-level, prioritized pro-
gram and budgetary guidance that is consistent with 
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230 
the administration’s policies and out year budget 
projections and reviewed by the Department of En-
ergy’s (DOE) senior leadership to ensure that the 
future-years energy program is consistent and con-
gruent with previously established program and 
budgetary guidance. 
(3) A description of the anticipated workload 
requirements for each DOE national laboratory dur-
ing the 5-fiscal year period. 
(c) CONSISTENCY IN BUDGETING.— 
(1) The Secretary of Energy shall ensure that 
amounts described in subparagraph (A) of para-
graph (2) for any fiscal year are consistent with 
amounts described in subparagraph (B) of para-
graph (2) for that fiscal year. 
(2) Amounts referred to in paragraph (1) are 
the following: 
(A) The amounts specified in program and 
budget information submitted to Congress by 
the Secretary of Energy in support of expendi-
ture estimates and proposed appropriations in 
the budget submitted to Congress by the Presi-
dent under section 1105(a) of title 31, United 
States Code, for any fiscal year, as shown in 
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231 
the future-years energy program submitted pur-
suant to subsection (a). 
(B) The total amounts of estimated ex-
penditures and proposed appropriations nec-
essary to support the programs, projects, and 
activities of the administration included pursu-
ant to paragraph (5) of section 1105(a) of such 
title in the budget submitted to Congress under 
that section for any fiscal year. 
SEC. 305. Section 1702 of the Energy Policy Act of 
2005 (42 U.S.C. 16512) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(1) IN
GENERAL.—No guarantee shall be 
made unless— 
‘‘(A) an appropriation for the cost of the 
guarantee has been made; 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the 
guarantee and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of one or more appro-
priations under subparagraph (A) and one or 
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232 
more payments from the borrower under sub-
paragraph (B) has been made that is sufficient 
to cover the cost of the guarantee.’’. 
SEC. 306. Plant or construction projects for which 
amounts are made available under this and subsequent ap-
propriation Acts with a current estimated cost of less than 
$10,000,000 are considered for purposes of section 4703 
of Public Law 107–314 as a plant project for which the 
approved total estimated cost does not exceed the minor 
construction threshold and for purposes of section 4704 
of Public Law 107–314 as a construction project with a 
current estimated cost of less than a minor construction 
threshold. 
SEC. 307. In section 839b(h)(10)(B) of title 16, 
United States Code, strike ‘‘$1,000,000’’ and insert 
‘‘$2,500,000’’. 
SEC. 308. None of the funds made available in this 
title shall be used for the construction of facilities classi-
fied as high-hazard nuclear facilities under 10 CFR Part 
830 unless independent oversight is conducted by the Of-
fice of Health, Safety, and Security to ensure the project 
is in compliance with nuclear safety requirements. 
SEC. 309. Of the amounts appropriated in this title, 
$73,300,000 are hereby rescinded, to reflect savings from 
the contractor pay freeze instituted by the Department. 
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233 
The Department shall allocate the rescission among the 
appropriations made in this title. 
SEC. 310. None of the funds made available in this 
title may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or 
any successive departmental guidance, for construction 
projects 
where 
the 
total 
project 
cost 
exceeds 
$100,000,000, until a separate independent cost estimate 
has been developed for the project for that critical deci-
sion. 
SEC. 311. None of the funds made available in this 
title may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, or Other 
Transaction Agreement, or to issue a letter of intent, to-
taling in excess of $1,000,000, or to announce publicly the 
intention to make such an allocation, award, or Agree-
ment, or to issue such a letter, including a contract cov-
ered by the Federal Acquisition Regulation, unless the 
Secretary of Energy notifies the Committees on Appro-
priations of the Senate and the House of Representatives 
at least 3 full business days in advance of making such 
an allocation, award, or Agreement, or issuing such a let-
ter: Provided, That if the Secretary of Energy determines 
that compliance with this section would pose a substantial 
risk to human life, health, or safety, an allocation, award, 
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234 
or Agreement may be made, or a letter may be issued, 
without advance notification, and the Secretary shall no-
tify the Committees on Appropriations of the Senate and 
the House of Representatives not later than 5 full business 
days after the date on which such an allocation, award, 
or Agreement is made or letter issued: Provided further, 
That the notification shall include the recipient of the 
award, the amount of the award, the fiscal year for which 
the funds for the award were appropriated, and the ac-
count and program from which the funds are being drawn, 
the title of the award, and a brief description of the activ-
ity for which the award is made. 
SEC. 312. (a) Any determination (including a deter-
mination made prior to the date of enactment of this Act) 
by the Secretary pursuant to section 3112(d)(2)(B) of the 
USEC Privatization Act (110 Stat. 1321–335), as amend-
ed, that the sale or transfer of uranium will not have an 
adverse material impact on the domestic uranium mining, 
conversion, or enrichment industry shall be valid for not 
more than 2 calendar years subsequent to such determina-
tion. 
(b) Not less than 30 days prior to the transfer, sale, 
barter, distribution, or other provision of uranium in any 
form for the purpose of accelerating cleanup at a Federal 
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235 
site, the Secretary shall notify the House and Senate Com-
mittees on Appropriations of the following: 
(1) the amount of uranium to be transferred, 
sold, bartered, distributed, or otherwise provided; 
(2) an estimate by the Secretary of the gross 
market value of the uranium on the expected date 
of the transfer, sale, barter, distribution, or other 
provision of the uranium; 
(3) the expected date of transfer, sale, barter, 
distribution, or other provision of the uranium; 
(4) the recipient of the uranium; and 
(5) the value of the services the Secretary ex-
pects to receive in exchange for the uranium, includ-
ing any reductions to the gross value of the uranium 
by the recipient. 
(c) Not later than June 30, 2012, the Secretary shall 
submit to the House and Senate Committees on Appro-
priations a revised excess uranium inventory management 
plan for fiscal years 2013 through 2018. 
(d) Not later than December 31, 2011 the Secretary 
shall submit to the House and Senate Committees on Ap-
propriations a report evaluating the economic feasibility 
of re-enriching depleted uranium located at Federal sites. 
SEC. 313. None of the funds made available by this 
Act may be used to pay the salaries of Department of En-
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236 
ergy employees to carry out section 407 of division A of 
the American Recovery and Reinvestment Act of 2009. 
SEC. 314. (a) The Secretary of Energy may openly 
compete and issue an award to allow a third party, on 
a fee-for-service basis, to operate and maintain a metering 
station of the Strategic Petroleum Reserve that is under-
utilized (as defined in section 102–75.50 of title 41, Code 
of Federal Regulations (or successor regulations)) and re-
lated equipment. 
(b) Not later than 30 days before the issuance of such 
award, the Secretary of Energy shall certify to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that the award will not reduce the reli-
ability or accessibility of the Strategic Petroleum Reserve, 
raise costs of oil in the local market, or negatively impact 
the supply of oil to current users. 
(c) Funds collected under subsection (a) shall be de-
posited in the general fund of the Treasury. 
SEC. 315. None of the funds made available in this 
Act may be used— 
(1) to implement or enforce section 430.32(x) 
of title 10, Code of Federal Regulations; or 
(2) to implement or enforce the standards es-
tablished by the tables contained in section 
325(i)(1)(B) of the Energy Policy and Conservation 
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247 
Environmental Justice in Minority Populations and Low- 
Income Populations’’). 
This division may be cited as the ‘‘Energy and Water 
Development and Related Agencies Appropriations Act, 
2012’’. 
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263 
account from debt collections received in the Debt Collec-
tion Fund. 
SEC. 111. Section 122(g)(1) of Public Law 105–119 
(5 U.S.C. 3104 note), is further amended by striking ‘‘12 
years’’ and inserting ‘‘14 years’’. 
SEC. 112. None of the funds appropriated or other-
wise made available by this or any other Act may be used 
by the United States Mint to construct or operate any mu-
seum without the explicit approval of the Committees on 
Appropriations of the House of Representatives and the 
Senate, the House Committee on Financial Services, and 
the Senate Committee on Banking, Housing and Urban 
Affairs. 
SEC. 113. None of the funds appropriated or other-
wise made available by this or any other Act or source 
to the Department of the Treasury, the Bureau of Engrav-
ing and Printing, and the United States Mint, individually 
or collectively, may be used to consolidate any or all func-
tions of the Bureau of Engraving and Printing and the 
United States Mint without the explicit approval of the 
House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; and the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
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