IB 
Union Calendar No. 323 
112TH CONGRESS 
2D SESSION 
H. R. 5325 
[Report No. 112–462] 
Making appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2013, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2012 
Mr. FRELINGHUYSEN, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for energy and water development 
and related agencies for the fiscal year ending September 
30, 2013, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for en-
ergy and water development and related agencies for the 
fiscal year ending September 30, 2013, and for other pur-
poses, namely: 
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 
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construction; for restudy of authorized projects; and for 
miscellaneous investigations, and, when authorized by law, 
surveys and detailed studies, and plans and specifications 
of projects prior to construction, $102,000,000, 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); $1,477,284,000, 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 shall be derived from the In-
land Waterways Trust Fund: Provided, That the limita-
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tion concerning total project costs in section 902 of the 
Water Resources Development Act of 1986, as amended 
(33 U.S.C. 2280), shall not apply during fiscal year 2013 
to any project that receives funds provided in this title. 
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, $224,000,000, 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 
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removing obstructions to navigation, $2,507,409,000, to 
remain available until expended, of which such sums as 
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 shall be derived from that account 
for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the 
areas at which outdoor recreation is available; and of 
which such sums as become available 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 percent 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 begin-
ning 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 Engineers determines 
to be necessary and appropriate, and that the Chief of En-
gineers shall allocate during the fourth quarter any re-
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maining funds which have not been used for emergency 
activities proportionally in accordance 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, 
$190,000,000, to remain available until September 30, 
2014. 
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, $104,000,000, 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-
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ity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Cen-
ter allocable to the civil works program, $177,500,000, to 
remain available until September 30, 2014, 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, 2014. 
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 TRANSFER OF FUNDS) 
SEC. 101. (a) None of the funds provided in this title 
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 are denied 
or restricted by this Act; 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act; 
(5) increases funds for any program, project, or 
activity by more than $2,000,000 or 10 percent, 
whichever is less; or 
(6) reduces funds for any program, project, or 
activity by more than $2,000,000 or 10 percent, 
whichever is less. 
(b) Subsection (a)(1) shall not apply to any project 
or activity authorized under section 205 of the Flood Con-
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trol Act of 1948, section 14 of the Flood Control Act of 
1946, section 208 of the Flood Control Act of 1954, sec-
tion 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 
of the River and Harbor Act of 1968, section 1135 of the 
Water Resources Development Act of 1986, section 206 
of the Water Resources Development Act of 1996, or sec-
tion 204 of the Water Resources Development Act of 
1992. 
(c) The Corps of Engineers 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, ac-
tivities, or categories of funding. The first quarterly report 
shall be submitted not later than 60 days after the date 
of enactment of this Act. 
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 
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-
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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 
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 of the Army may transfer 
to the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $4,300,000 of funds 
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provided in this title under the heading ‘‘Operation and 
Maintenance’’ to mitigate for fisheries lost due to Corps 
of Engineers projects. 
SEC. 107. None of the funds appropriated in this Act 
shall be available for use by the Chicago District of the 
United States Army Corps of Engineers to fund any travel 
that is outside of the District’s area of operation unless 
such travel is directly project-related or is specifically re-
quested by a Member of Congress. 
SEC. 108. Of the funds provided for ‘‘Olmsted Locks 
and Dam, Ohio River, IL & KY’’ in the table under the 
heading ‘‘Corps of Engineers–Civil—Construction’’ in the 
report of the Committee on Appropriations accompanying 
this Act, not more than 50 percent may be available for 
obligation until— 
(1) the Corps of Engineers completes a review 
of the project, including method of construction; 
(2) the Corps of Engineers develops a plan for 
the expeditious completion of project construction; 
(3) the findings of the review and the project 
completion plan have been communicated to the ap-
propriate committees of the Congress. 
SEC. 109. Amounts made available by this Act for 
the ‘‘Investigations’’, ‘‘Construction’’, and ‘‘Operation and 
Maintenance’’ accounts of the Corps of Engineers may not 
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be used as provided under the heading ‘‘Additional Fund-
ing for Ongoing Work’’ in the matter relating to each such 
account in the report of the Committee on Appropriations 
to accompany this Act until the report required under 
such heading is submitted. 
SEC. 110. None of the funds made available by this 
Act or any subsequent Act making appropriations for En-
ergy and Water Development may be used by the Corps 
of Engineers to develop, adopt, implement, administer, or 
enforce a change or supplement to the rule dated Novem-
ber 13, 1986, or guidance documents dated January 15, 
2003, and December 2, 2008, pertaining to the definition 
of waters under the jurisdiction of the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.). 
SEC. 111. As of the date of enactment of this Act 
and thereafter, the Secretary of the Army shall not pro-
mulgate or enforce any regulation that prohibits an indi-
vidual from possessing a firearm, including an assembled 
or functional firearm, at a water resources development 
project covered under section 327.0 of title 36, Code of 
Federal Regulations (as in effect on the date of enactment 
of this Act), if— 
(1) the individual is not otherwise prohibited by 
law from possessing the firearm; and 
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(2) the possession of the firearm is in compli-
ance with the law of the State in which the water 
resources development project is located. 
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, $19,700,000, to remain 
available until expended, of which $1,200,000 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, $1,300,000. 
For fiscal year 2013, the Commission may use an 
amount not to exceed $1,500,000 for administrative ex-
penses. 
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-
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ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally 
recognized Indian tribes, and others, $833,635,000, to re-
main available until expended, of which $29,000 shall be 
available for transfer to the Upper Colorado River Basin 
Fund and $6,985,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to 
the Colorado River Dam Fund: Provided, That such trans-
fers may be increased or decreased within the overall ap-
propriation 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 Bu-
reau of Reclamation special fee account established by 16 
U.S.C. 6806 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 heading: Provided 
further, That of the amounts provided herein, funds may 
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be used for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 
16 U.S.C. 1706. 
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, $39,883,000, 
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, $36,000,000, to remain available until ex-
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Provided further, That no amounts may be rescinded from 
amounts that were designated by the Congress as an 
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, $123,000,000, to remain available until expended: 
Provided, That of such amount, $27,600,000 shall be 
available until September 30, 2014, 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-
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