IIB 
Calendar No. 157 
112TH CONGRESS 
1ST SESSION H. R. 2354 
[Report No. 112–75] 
IN THE SENATE OF THE UNITED STATES 
JULY 18, 2011 
Received; read twice and referred to the Committee on Appropriations 
SEPTEMBER 7, 2011 
Reported by Mrs. FEINSTEIN, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for energy and water development 
and related agencies for the fiscal year ending September 
30, 2012, and for other purposes. 
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, 2012, 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 rivers 
and harbors, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related ef-
forts. 
INVESTIGATIONS 
For expenses necessary when 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 
of projects prior to construction, $104,000,000, to remain 
available until expended: Provided, That except as pro-
vided in section 101, the amounts made available under
this paragraph shall be expended as authorized by law for 
the programs, projects and activities specified in the text 
and table under this heading in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
CONSTRUCTION 
(INCLUDING RESCISSION OF FUNDS) 
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),
$1,615,941,000
(reduced
by 
$1,750,000), to remain available until expended; of which 
such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Mate-
rial Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund as authorized by the 
Water Resources Development Act of 1996 (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, Illi-
nois and Kentucky; Emsworth Locks and Dam, Ohio 
River, Pennsylvania; Lock and Dams 2, 3, and 4, 
Monongahela River, Pennsylvania; and Lock and Dam 27, 
Mississippi River, Illinois) shall be derived from the Inland 
Waterways Trust Fund: Provided, That of the unobligated 
balances from prior year appropriations available under 
this heading, $50,000,000 is rescinded: Provided further, 
That no amounts may be rescinded from amounts that 
were designated by the Congress as an emergency require-
ment pursuant to the Concurrent Resolution on the Budg-
et or the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That except 
as provided in section 101, the amounts made available 
under this paragraph shall be expended as authorized by 
law for the programs, projects, and activities specified in 
the text and table under this heading in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this Act. 
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, $210,000,000, 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: Provided, That except as provided in 
section 101, the amounts made available under this para-
graph shall be expended as authorized by law for the pro-
grams, projects, and activities specified in the text and 
table under this heading in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this Act. 
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 of Engi-
neers, including administrative buildings and laboratories; 
maintaining harbor channels provided by a State, munici-
pality, or other public agency that serve essential naviga-
tion needs of general commerce, when authorized by law; 
surveying and charting northern and northwestern lakes 
and connecting waters; clearing and straightening chan-
nels;
and
removing
obstructions
to
navigation, 
$2,366,465,000 (increased by $1,000,000) (increased by 
$6,360,000) (reduced by $4,900,000), to remain available
until expended, of which such sums as are necessary to 
cover the Federal share of eligible operation and mainte-
nance costs for coastal harbors and channels and for in-
land harbors shall be derived from the Harbor Mainte-
nance Trust Fund; of which such sums as become avail-
able from the special account for the Corps of Engineers 
established by the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l–6a(i)) shall be derived from 
that account for resource protection, research, interpreta-
tion, and maintenance activities related to resource protec-
tion in the areas at which outdoor recreation is available; 
and of which such sums as become available from fees col-
lected under section 217 of the Water Resources Develop-
ment Act of 1996 (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-
maining funds which have not been used for emergency 
activities proportionally in accordance with the amounts 
provided for the programs, projects or activities: Provided 
further, That except as provided in section 101, the 
amounts made available under this paragraph shall be ex-
pended as authorized by law for the programs, projects, 
and activities specified in the text and table under this 
heading in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$196,000,000, to remain available until expended. 
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 floods, hurri-
canes, 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 
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 (re-
duced by $6,360,000), to remain available until expended, 
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 in this title shall be available to fund the 
civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management ac-
tivities of the division offices: Provided further, That any 
Flood Control and Coastal Emergencies appropriation 
may be used to fund the supervision and general adminis-
tration of emergency operations, repairs, and other activi-
ties in response to any flood, hurricane, or other natural 
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 section 3016(b)(3) of 
title 10, United States Code, $5,000,000, to remain avail-
able until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
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 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;
Maintenance’’ or to additional investigations funding 
under ‘‘National Programs’’ under the heading ‘‘Corps of 
Engineers-Civil—Investigations’’ in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
(d) 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-
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. Not later than 90 days after the date of 
the Chief of Engineers Report on a water resource matter, 
the Assistant Secretary of the Army for Civil Works shall 
submit the report to the appropriate authorizing and ap-
propriating committees of the Congress. 
SEC. 105. During the 1-year period beginning on the 
date of enactment of this Act, the Secretary of the Army 
is authorized to implement measures recommended in the 
efficacy study authorized under section 3061 of the Water 
Resources Development 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 dis-
persing 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 
Maintenance’’ to mitigate for fisheries lost due to Corps 
of Engineers projects. 
SEC. 108. 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. 109. 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. 110. (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-
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.
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-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, federally 
recognized Indian tribes, and others, $822,300,000, 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; of which not 
more than $500,000 is for high priority projects which 
shall be carried out by the Youth Conservation Corps, as 
authorized by 16 U.S.C. 1706: 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. 460l–6a(i) shall be derived from that Fund or ac-
count: 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 ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided further, That except as provided in section 201, the 
amounts made available under this paragraph shall be ex-
pended as authorized by law for the programs, projects, 
and activities specified in the text and table under this 
heading in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act. 
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, $35,928,000, 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 
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 expended, 
$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. 
GENERAL PROVISIONS, DEPARTMENT OF THE 
INTERIOR 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 201. (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 for any program, project, or 
activity for which funds have been denied or re-
stricted by this Act; 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act; 
(5) transfers funds in excess of the following 
limits— 
(A) 15 percent for any program, project, 
or activity for which $2,000,000 or more is 
available 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; or 
(7) transfers, when 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. 
(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 
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. Of the funds deposited in the San Joaquin 
River Restoration Fund in accordance with subparagraphs 
(A), (B), and (C) of section 10009(c)(1) of Public Law 
111–11, all unobligated balances remaining from prior fis-
cal years are hereby permanently rescinded. 
TITLE III—DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
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, 
$1,304,636,000 (reduced by $6,000,000) (reduced by 
$200,000), to remain available until expended: Provided, 
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)).
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), $476,993,000 (reduced by $2,200,000) (in-
creased by $2,200,000), to remain available until ex-
pended: Provided, 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. 
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 
Notwithstanding sections 161 and 167 of the Energy 
Policy and Conservation Act (42 U.S.C. 6241 and 6247), 
the Secretary of Energy shall sell $500,000,000 in petro-
leum products from the Reserve not later than March 1, 
2012, and shall deposit any proceeds from such sales in 
the General Fund of the Treasury: Provided, That during 
fiscal year 2012 and hereafter, the quantity of petroleum 
products sold from the Reserve under the authority of this 
Act may only be replaced using the authority provided in 
paragraph (a)(1) or (3) of section 160 of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6240(a)(1) or (3)): 
Provided further, That unobligated balances in this ac-
count shall be available to cover the costs of any sale under 
this Act. 
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 
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, 
$213,121,000 (increased by $41,000,000), 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, $449,000,000, to be de-
rived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, and not more than $150,000,000, 
to be derived from the barter, transfer, or sale of uranium 
authorized under section 3112 of the USEC Privatization 
Act (42 U.S.C. 2297h–10) or section 314 of the Energy 
and Water Development Appropriations Act, 2006 (Public 
Law 109–103), to remain available until expended: Pro-
vided, That proceeds from such barter, transfer, or sale 
of uranium in excess of such amount shall not be available 
until appropriated. 
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 
ambulance and one bus, $4,800,000,000, to remain avail-
able until expended. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982 (Public 
Law 97–425), $25,000,000, to remain available until ex-
pended, and to be derived from the Nuclear Waste Fund. 
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 
For necessary expenses in carrying out the activities 
authorized by section 5012 of the America COMPETES 
Act (42 U.S.C. 16538), $100,000,000 (increased by 
$79,640,000), to remain available until expended. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Subject to section 502 of the Congressional Budget 
Act of 1974, for the cost of loan guarantees for renewable 
energy or efficient end-use energy technologies under sec-
tion
1703
of
the
Energy
Policy
Act
of
2005, 
$160,000,000, to remain available until expended: Pro-
vided, That the amounts provided in this section are in 
addition to those provided in any other Act: Provided fur-
ther, That, notwithstanding section 1703(a)(2) of the En-
ergy Policy Act of 2005, funds appropriated for the cost
of loan guarantees are also available for projects for which 
an application has been submitted to the Department of 
Energy prior to February 24, 2011, in whole or in part, 
for a loan guarantee under 1705 of the Energy Policy Act 
of 2005: Provided further, That an additional amount 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 appropriations 
from the general fund estimated at not more than $0: Pro-
vided further, That fees collected under section 1702(h) 
in excess of the amount appropriated for administrative 
expenses shall not be available until appropriated: Pro-
vided further, That for amounts collected pursuant to sec-
tion 1702(b)(2) of the Energy Policy Act of 2005, the 
source of such payment received from borrowers is not a 
loan or other debt obligation that is guaranteed by the 
Federal Government: Provided further, That none of the 
loan guarantee authority made available in this paragraph 
shall be available for commitments to guarantee loans for 
any projects where funds, personnel, or property (tangible
or intangible) of any Federal agency, instrumentality, per-
sonnel or affiliated entity are expected to be used (directly 
or indirectly) through acquisitions, contracts, demonstra-
tions, exchanges, grants, incentives, leases, procurements, 
sales, other transaction authority, or other arrangements, 
to support the project or to obtain goods or services from 
the project: Provided further, That the previous proviso 
shall not be interpreted as precluding the use of the loan 
guarantee authority in this paragraph for commitments 
to guarantee loans for projects as a result of such projects 
benefitting from: (1) otherwise allowable Federal income 
tax benefits; (2) being located on Federal land pursuant 
to a lease or right-of-way agreement for which all consider-
ation for all uses is: (A) paid exclusively in cash; (B) de-
posited in the Treasury as offsetting receipts; and (C) 
equal to the fair market value as determined by the head 
of the relevant Federal agency; (3) Federal insurance pro-
grams, including under section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210; commonly known as the 
‘‘Price-Anderson Act’’); or (4) for electric generation 
projects, use of transmission facilities owned or operated 
by a Federal Power Marketing Administration or the Ten-
nessee Valley Authority that have been authorized, ap-
proved, and financed independent of the project receiving 
the guarantee: Provided further, That none of the loan
guarantee authority made available in this paragraph shall 
be available for any project unless the Director of the Of-
fice of Management and Budget has certified in advance 
in writing that the loan guarantee and the project comply 
with the provisions under this paragraph. 
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,$221,514,000 
(reduced by $2,500,000) (reduced by $35,000,000) (re-
duced by $21,000,000) (reduced by $79,640,000) (re-
duced by $10,000,000), to remain available until ex-
pended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Defi-
ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 
increases in cost of work are offset by revenue increases
of the same or greater amount, to remain available until 
expended: Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total 
$111,883,000 in fiscal year 2012 may be retained and 
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 $109,631,000. 
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, $41,774,000, to remain 
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
WEAPONS ACTIVITIES 
(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 
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 
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; $7,131,993,000, to remain available until expended: 
Provided,
That
of
such
amount
not
more
than 
$139,281,000 may be made available for the B–61 Life 
Extension Program until the Administrator for Nuclear 
Security submits to the Committees on Appropriations of 
the House of Representatives and the Senate the outcome 
of its Phase 6.2a design definition and cost study: Pro-
vided further, That of the unobligated balances available 
under this heading, $40,332,000 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 Reso-
lution on the Budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
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, $2,086,770,000 (increased 
by $35,000,000), to remain available until expended: Pro-
vided, That of the unobligated balances available under 
this heading, $30,000,000 are hereby rescinded; Provided 
further, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency re-
quirement 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, 
$1,030,600,000, to remain available until expended. 
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,$420,000,000
(reduced
by 
$20,000,000), to remain available until expended. 
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, $4,937,619,000, 
to remain available until expended. 
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-
struction, or expansion, and the purchase of not to exceed 
passenger
motor
vehicles
for
replacement
only, 
$814,000,000, to remain available until expended. 
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 $3,000. During fiscal year 2012,
no new direct loan obligations may be made from such 
Fund. 
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 
$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 
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 
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 
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). 
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. 
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: 
Provided, That notwithstanding any other provision of 
law, not to exceed $304,600,000 of revenues from fees and 
annual 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 TRANSFERS OF FUNDS) 
SEC. 301. (a) No appropriation, funds, or authority 
made available in this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
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)(1) Except as provided in paragraph (2), the De-
partment of Energy may not, with respect to any program, 
project, or activity that uses budget authority made avail-
able in this title under the heading ‘‘Department of En-
ergy—Energy Programs’’, enter into a contract, award a 
grant, or enter into a cooperative agreement that obligates 
the Government in excess of the budget authority available 
under such heading for such purpose, or that is properly 
chargeable to budget authority of a future fiscal year be-
fore such budget authority is available, regardless of
whether the contract, grant, or cooperative agreement in-
cludes a clause conditioning the Government’s obligation 
on the availability of such budget authority. 
(2) Paragraph (1) shall not apply with respect to 
major capital projects. 
(c) Except as provided in this section, the amounts 
made available by this Act for the Department of Energy 
shall be expended as authorized by law for the projects 
and activities specified in the text and the ‘‘Bill’’ column 
in
the
‘‘Comparative
Statement
of
New
Budget 
(Obligational) Authority for 2011 and Budget Requests 
and Amounts Recommended in the Bill for 2012’’ included 
under the heading ‘‘Title III—Department of Energy’’ in 
the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act. 
(d) None of the funds provided in this title shall be 
available for obligation or expenditure through a re-
programming 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. 
(e) The Secretary of Energy and the Administrator 
for Nuclear Security may jointly waive the restrictions 
under subsection (a) and subsection (d) on a case-by-case 
basis by certifying to the Committees on Appropriations 
of the House of Representatives and the Senate that it 
is in the national security interest to do so. 
SEC. 302. None of the funds made available in this 
title may be used— 
(1) to augment the funds made available for ob-
ligation by this Act for severance payments and 
other benefits and community assistance grants 
under section 4604 of the Atomic Energy Defense 
Act (50 U.S.C. 2704) unless the Department of En-
ergy submits a reprogramming request to the appro-
priate congressional committees;
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under section 4604; or 
(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 303. 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. 304. None of the funds in this or any other Act 
for the Administrator of the Bonneville Power Administra-
tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
vance that such services are not available from private sec-
tor businesses. 
SEC. 305. When the Department of Energy makes 
a user facility available to universities or other potential 
users, or seeks input from universities or other potential
users regarding significant characteristics or equipment in 
a user facility or a proposed user facility, the Department 
shall ensure broad public notice of such availability or 
such need for input to universities and other potential 
users. When the Department of Energy considers the par-
ticipation of a university or other potential user as a for-
mal partner in the establishment or operation of a user 
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes of this 
section, the term ‘‘user facility’’ includes, but is not lim-
ited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 306. 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. 
SEC. 307. (a) In any fiscal year in which the Sec-
retary of Energy determines that additional funds are
needed to reimburse the costs of defined benefit pension 
plans for contractor employees, the Secretary may transfer 
not more than 1 percent of an appropriation made avail-
able in this or any subsequent Energy and Water Develop-
ment Appropriations Act to any other appropriation made 
available to the Secretary by such Act for such reimburse-
ment. 
(b) Where the Secretary recovers the costs of defined 
benefit pension plans for contractor employees through 
charges for the indirect costs of research and activities at 
facilities of the Department of Energy, if the indirect costs 
attributable to defined benefit pension plan costs in a fis-
cal year are more than charges in fiscal year 2008, the 
Secretary shall carry out a transfer of funds under this 
section. 
(c) In carrying out a transfer under this section, the 
Secretary shall use each appropriation made available to 
the Department in that fiscal year as a source for the 
transfer, and shall reduce each appropriation by an equal 
percentage, except that appropriations for which the Sec-
retary determines there exists a need for additional funds 
for pension plan costs in that fiscal year, as well as appro-
priations made available for the Power Marketing Admin-
istrations, the loan guarantee program under title XVII 
of the Energy Policy Act of 2005, and the Federal Energy
Regulatory Commission, shall not be subject to this re-
quirement. 
(d) Each January, the Secretary shall report to the 
Committees on Appropriations of the House of Represent-
atives and the Senate on the state of defined benefit pen-
sion plan liabilities in the Department for the preceding 
year. 
(e) This transfer authority does not apply to supple-
mental appropriations, and is in addition to any other 
transfer authority provided in this or any other Act. The 
authority provided under this section shall expire on Sep-
tember 30, 2015. 
(f) The Secretary shall notify the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate in writing not less than 30 days in advance of each 
transfer authorized by this section. 
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. Plant or construction projects for which 
amounts are made available under this and subsequent ap-
propriation Acts with an estimated cost of less than
$10,000,000 are considered for purposes of section 4703 
of the Atomic Energy Defense Act (50 U.S.C. 2743) as 
a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for 
purposes of section 4704(d) of such Act (50 U.S.C. 
2744(d)) as a construction project with an estimated cost 
of less than a minor construction threshold. 
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, 
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. 
SEC. 312. None of the funds made available by this 
title may be used to make a final or conditional loan guar-
antee award unless the Secretary of Energy provides noti-
fication of the award, including the proposed subsidy cost, 
to the Committees on Appropriations of the Senate and 
the House of Representatives at least three full business 
days in advance of such award. 
SEC. 313. None of the funds included in this title 
for the Department of Energy shall be made available to 
initiate, administer, promulgate, or enforce any ‘‘signifi-
cant regulatory action’’ as defined by Executive Order No. 
12866 unless the Committee on Appropriations has been 
notified not later than 30 days before the issuance of such 
action.
TITLE IV—INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, for necessary expenses for the Federal Co-Chairman 
and the Alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $68,400,000, to remain available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, as amended by Public 
Law 100–456, section 1441, $29,130,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $11,700,000, to remain available until 
expended.
DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction, and acquisition of plant and cap-
ital
equipment
as
necessary
and
other
expenses, 
$10,700,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998 (title III of division C of 
Public Law 105–277): Provided, That funds shall be avail-
able for construction projects in an amount not to exceed 
80 percent of total project cost for distressed communities, 
as defined in the subsection (c) added to section 307 of 
such Act by section 701 of title VII of the provisions of 
H.R. 3424 (106th Congress) enacted into law in section 
1000(a)(4) of Public Law 106–113 (113 Stat. 1501A– 
280), and an amount not to exceed 50 percent for non- 
distressed communities. 
NORTHERN BORDER REGIONAL COMMISSION 
For necessary expenses of the Northern Border Re-
gional Commission in carrying out activities authorized by 
subtitle V of title 40, United States Code, $1,350,000, to 
remain available until expended: Provided, That such 
amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United 
States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION 
For necessary expenses of the Southeast Crescent Re-
gional Commission in carrying out activities authorized by 
subtitle V of title 40, United States Code, $250,000, to 
remain available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Regulatory 
Commission in carrying out the purposes of the Energy 
Reorganization Act of 1974 and the Atomic Energy Act 
of 1954, including official representation expenses (not to 
exceed
$25,000),
$1,027,240,000
(increased
by 
$10,000,000), to remain available until expended: Pro-
vided, That of the amount appropriated herein, not more 
than $7,500,000 may be made available for salaries and 
other support costs for the Office of the Commission: Pro-
vided,
That
of
the
amount
appropriated
herein, 
$10,000,000 (increased by $10,000,000) shall be used to 
continue the Yucca Mountain license application, to be de-
rived from the Nuclear Waste Fund: Provided further, 
That revenues from licensing fees, inspection services, and 
other services and collections estimated at $890,713,000 
in fiscal year 2012 shall be retained and used for nec-
essary salaries and expenses in this account, notwith-
standing 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues re-
ceived during fiscal year 2012 so as to result in a final 
fiscal year 2012 appropriation estimated at not more than 
$136,527,000: Provided further, That of the amounts ap-
propriated under this heading, $10,000,000 shall be for 
university research and development in areas relevant to 
their respective organization’s mission, and $5,000,000 
shall be for a Nuclear Science and Engineering Grant Pro-
gram that will support multiyear projects that do not align 
with programmatic missions but are critical to maintain-
ing the discipline of nuclear science and engineering. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $10,860,000, to remain available 
until expended: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $9,774,000 in fiscal year 2012 shall be re-
tained and be available until expended, for necessary sala-
ries and expenses in this account, notwithstanding section 
3302 of title 31, United States Code: Provided further, 
That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2012 so
as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $1,086,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by section 5051 of Pub-
lic Law 100–203, $3,400,000 to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA 
NATURAL GAS TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal 
Coordinator
for
Alaska
Natural
Gas
Transportation 
Projects pursuant to the Alaska Natural Gas Pipeline Act 
of 2004, $4,032,000: Provided, That any fees, charges, or 
commissions received pursuant to section 802 of Public 
Law 110–140 in fiscal year 2012 in excess of $4,683,000 
shall not be available for obligation until appropriated in 
a subsequent Act of Congress. 
GENERAL PROVISION, INDEPENDENT 
AGENCIES 
SEC. 401. (a) None of the funds provided in this title 
for ‘‘Nuclear Regulatory Commission—Salaries and Ex-
penses’’ 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; or 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act. 
(b) The Chairman of the Nuclear Regulatory Com-
mission may not terminate any project, program, or activ-
ity without the approval of a majority vote of the Commis-
sioners of the Nuclear Regulatory Commission approving 
such action. 
(c) The Nuclear Regulatory Commission may waive 
the restriction on reprogramming under subsection (a) on 
a case-by-case basis by certifying to the Committees on 
Appropriations of the House of Representatives and the 
Senate that such action is required to address national 
security or imminent risks to public safety. Each such 
waiver certification shall include a letter from the Chair-
man of the Commission that a majority of Commissioners 
of the Nuclear Regulatory Commission have voted and ap-
proved the reprogramming waiver certification.
(d) Except as provided in this section, the amounts 
made available for ‘‘Nuclear Regulatory Commission— 
Salaries and Expenses’’ shall be expended as authorized 
by law for the projects and activities specified in the text 
and table under that heading in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
TITLE V—EMERGENCY SUPPLEMENTAL 
FUNDING FOR DISASTER RELIEF 
(INCLUDING RESCISSION AND TRANSFERS OF FUNDS) 
SEC. 501. (a) Effective on the date of enactment of 
this Act, the unobligated balance of funds in excess of 
$1,028,684,400
made
available
for
‘‘Department
of 
Transportation—Federal Railroad Administration—Cap-
ital Assistance for High Speed Rail Corridors and Inter-
city Passenger Rail Service’’ by title XII of Public Law 
111–5 is hereby rescinded, and the remaining amount is 
hereby transferred to and merged with the following ac-
counts of the Corps of Engineers—Civil in the following 
amounts for fiscal year 2011, to remain available until ex-
pended, for emergency expenses for repair of damage 
caused by the storm and flood events occurring in 2011: 
(1) ‘‘Construction’’, $376,000. 
(2)
‘‘Mississippi
River
and
Tributaries’’, 
$589,505,000.
(3)
‘‘Operation
and
Maintenance’’, 
$204,927,000. 
(4) ‘‘Flood Control and Coastal Emergencies’’, 
$233,876,400. 
(b) With respect to each amount transferred in sub-
section (a), the Chief of Engineers, acting through the As-
sistant Secretary of the Army for Civil Works, shall pro-
vide, at a minimum, a weekly report to the Committees 
on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of such 
amount, beginning not later than one week after the date 
of the enactment of this Act. 
(c) Each amount transferred in subsection (a) is des-
ignated as an emergency pursuant to section 3(c)(1) of 
H. Res. 5 (112th Congress). 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 602. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided, in this Act or any other appropriation Act. 
SEC. 603. None of the funds appropriated or other-
wise made available by this Act may be obligated by any 
covered executive agency in contravention of the certifi-
cation requirement of section 6(b) of the Iran Sanctions 
Act of 1996, as included in the revisions to the Federal 
Acquisition Regulation pursuant to such section. 
SEC. 604. None of the funds made available in this 
Act may be used to conduct closure of adjudicatory func-
tions, technical review, or support activities associated 
with the Yucca Mountain geologic repository license appli-
cation until the Nuclear Regulatory Commission reverses 
ASLB decision LBP–10–11, or for actions that irrev-
ocably remove the possibility that Yucca Mountain may 
be a repository option in the future. 
SEC. 605. None of the funds made available under 
this Act may be expended for any new hire by any Federal 
agency funded in this Act that is not verified through the 
E-Verify Program established under section 403(a) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note). 
SEC. 606. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted (or had an officer or agent 
of such corporation acting on behalf of the corporation 
convicted) of a felony criminal violation under any Federal 
law within the preceding 24 months. 
SEC. 607. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability. 
SPENDING REDUCTION ACCOUNT 
SEC. 608. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0 
(increased by $4,900,000) (increased by $6,000,000) (in-
creased by $200,000) (increased by $2,500,000).
SEC. 609. None of the funds made available by this 
Act
may
be
used
to
implement
or
enforce
section 
327.13(a) of title 36, Code of Federal Regulations. 
SEC. 610. None of the funds made available by this 
Act for ‘‘Department of Energy—Energy Programs— 
Science’’ may be used in contravention of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.). 
SEC. 611. None of the funds made available in this 
Act may be used to implement or enforce the recommenda-
tions or guidance proposed by the Army Corps of Engi-
neers in the final draft of the McNary Shoreline Manage-
ment Plan, Lake Wallula, Washington. 
SEC. 612. None of the funds made available by this 
Act may be used by the Department of Energy to move 
the Office of Environmental Management under the au-
thority of the Under Secretary for Nuclear Security of the 
Department of Energy. 
SEC. 613. None of the funds made available by this 
Act may be used by the Department of Energy or any 
other Federal agency to lease or purchase new light duty 
vehicles, for any executive fleet, or for an agency’s fleet 
inventory, except in accordance with Presidential Memo-
randum-Federal Fleet Performance, dated May 24, 2011. 
SEC. 614. 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. 615. None of the funds made available by this 
Act may be used to implement section 10011(b) of Public 
Law 111–11. 
SEC. 616. None of the funds made available by this 
Act may be used to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142). 
SEC. 617. None of the funds made available by this 
Act may be used to pay the salaries of Department of En-
ergy employees to carry out section 407 of division A of 
the American Recovery and Reinvestment Act of 2009. 
SEC. 618. 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. 619. 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. 
SEC. 620. None of the funds made available in this 
Act may be used to develop or submit a proposal to expand 
the authorized uses of the Harbor Maintenance Trust
Fund described in section 9505(c) of the Internal Revenue 
Code (26 U.S.C. 9505(c)). 
SEC. 621. None of the funds made available by this 
Act may be used to fund any portion of the International 
activities at the Office of Energy Efficiency and Renew-
able Energy of the Department of Energy in China. 
SEC. 622. None of the funds made available by this 
Act may be used in contravention of Executive Order No. 
12898 of February 11, 1994 (‘‘Federal Actions to Address 
Environmental Justice in Minority Populations and Low- 
Income Populations’’). 
SEC. 623. 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 
Act
(42
U.S.C.
6295(i)(1)(B))
with
respect
to 
BPAR incandescent reflector lamps, BR incandes-
cent reflector lamps, and ER incandescent reflector 
lamps. 
SEC. 624. None of the funds made available by this 
Act may be used to implement any rule, regulation, or Ex-
ecutive order regarding the disclosure of political contribu-
tions that takes effect on or after the date of enactment 
of this Act. 
SEC. 625. The amounts otherwise provided by this 
Act are revised by reducing the amount made available 
for ‘‘Department of Energy—Energy Programs—Depart-
mental Administration’’, and by increasing the amount 
made available for ‘‘Department of Energy—Energy Pro-
grams—Energy Efficiency and Renewable Energy’’ (ex-
cept for Program Direction), by $10,000,000. 
SEC. 626. For ‘‘Corps of Engineers-Civil—Construc-
tion’’ there is hereby appropriated, and the amount other-
wise provided by this Act for ‘‘Corps of Engineers-Civil— 
Expenses’’ is hereby reduced by, $1,000,000. 
SEC. 627. None of the funds made available by this 
Act may be used to pay the salary of individuals appointed 
to their current position through, or otherwise carry out, 
paragraphs (1), (2), and (3) of section 5503(a) of title 
5, United States Code. 
SEC. 628. None of the funds made available by this 
Act may be used to fund any portion of the International 
program activities at the Office of Energy Efficiency and 
Renewable Energy of the Department of Energy with the 
exception of the activities authorized in section 917 of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17337).
This Act may be cited as the ‘‘Energy aand Water 
Development and Related Agencies Appropriations Act, 
2012’’. 
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, 2012, 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 rivers 
and harbors, flood and storm damage reduction, short pro-
tection, aquatic ecosystem restoration, and related efforts. 
GENERAL 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 related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restora-
tion projects and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations and, when authorized by law, surveys and detailed 
studies, and plans and specifications of projects prior to 
construction, $125,000,000, to remain available until ex-
pended. 
CONSTRUCTION, GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
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 specifications, 
shall not constitute a commitment of the Government to 
construction); $1,610,000,000, to remain available until ex-
pended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized 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 water-
ways projects (including only Lock and Dam 27, Mis-
sissippi River, Illinois; Lock and Dams 2, 3, and 4 
Monongahela River, Pennsylvania; Olmsted Lock and Dam, 
Illinois and Kentucky; and Emsworth Locks and Dam, 
Ohio River, Pennsylvania) shall be derived 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 alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $250,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share 
of eligible operation and maintenance costs for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
tions to navigation, $2,360,000,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance 
costs for coastal harbors and channels, and for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the spe-
cial account for the Corps established by the Land and 
Water Conservation Act of 1965 (16 U.S.C. 460l–6a(i)) 
shall be derived from that account for resource protection, 
research, interpretation, and maintenance activities related 
to resource protection in areas managed by the Corps 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 dis-
posal facilities for which such fees have been collected. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining 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, hurricane, 
and other natural disasters and support emergency oper-
ations, repairs, and other activities in response to such dis-
asters as authorized by law, $27,000,000, to remain avail-
able until expended. 
GENERAL EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the United States Army Corps of Engineers and 
the offices of the Division Engineers; and for the manage-
ment and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the 
United States Army Engineer Research and Development 
Center, and the United States Army Corps of Engineers Fi-
nance Center, $185,000,000, to remain available until Sep-
tember 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 Engineers or the civil works executive direc-
tion and management activities of the division offices: Pro-
vided further, That any Flood Control and Coastal Emer-
gencies appropriation may be used to fund the supervision 
and general administration of emergency operations, re-
pairs, and other activities in response to any flood, hurri-
cane, or other natural 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 
to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL 
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 
2010, 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 approval 
is received from the House and Senate Committees 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-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) GENERAL 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 activity
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION, GENERAL.—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 contractor claims, 
changed conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted in order for the 
Corps to be able to respond to emergencies: Provided, 
That the Chief of Engineers must notify the House 
and Senate Committees on Appropriations of these 
emergency actions as soon thereafter as practicable: 
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 ac-
tivity 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 re-
programmed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
same reprogramming guidelines for the Investiga-
tions, Construction, and Operation and Maintenance 
portions of the Mississippi River and Tributaries Ac-
count as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
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 submitted 
to the House and Senate Committees on Appropriations. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(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 enactment 
of this Act, the Corps of Engineers shall submit a report 
to the House and Senate Committees on Appropriations to 
establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided, 
That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request,
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 in this Act, or previous 
Acts, making funds available to the Corps, shall be used 
to implement any pending or future competitive sourcing 
actions under OMB Circular A–76 or High Performing Or-
ganizations. 
SEC. 103. None of the funds in this Act, or previous 
Acts, making funds available to the Corps, shall be used 
to award any continuing contract that commits additional 
funding from the Inland Waterways Trust Fund unless or 
until such time that a long-term mechanism to enhance rev-
enues in this Fund sufficient to meet the cost-sharing au-
thorized in the Water Resources Development Act of 1986 
(Public Law 99–662), as amended, is enacted. 
SEC. 104. Within 120 days of the date of the Chief 
of Engineers Report on a water resource matter, the Assist-
ant Secretary of the Army (Civil Works) shall submit the
report to the appropriate authorizing and appropriating 
committees of the Congress. 
SEC. 105. During the fiscal year period covered by this 
Act, the Secretary of the Army is authorized to implement 
measures recommended in the efficacy study authorized 
under section 3061 of the Water Resources Development 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 nui-
sance 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 
the ‘‘Construction’’ account up to $100,000,000 of the funds 
provided for reinforcing or replacing flood walls under the 
‘‘Flood Control and Coastal Emergencies’’ heading in Pub-
lic Law 109–234 (120 Stat. 455) and Public Law 110–252 
(122 Stat. 2350) and up to $75,000,000 of the funds pro-
vided for projects and measures for the West Bank and Vi-
cinity and Lake Ponchartrain and Vicinity projects under 
the ‘‘Flood Control and Coastal Emergencies’’ heading in 
Public Law 110–28 (121 Stat. 153) to be used with funds 
provided for the West Bank and Vicinity project under the 
‘‘Construction’’ heading in Public Law 110–252 (122 Stat. 
2349) and Public Law 110–329 (122 Stat. 3589), 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 authorize 
a member of the Armed Forces under the Secretary’s juris-
diction and employees of the Department of the Army to 
serve without compensation as director, officer, or otherwise 
in the management of the organization established to sup-
port and maintain the participation of the United States 
in the permanent international commission of the con-
gresses of navigation, or any successor entity. 
SEC. 108. (a) ACQUISITION.—The Secretary is author-
ized to acquire any real property and associated real prop-
erty interests in the vicinity of Hanover, New Hampshire 
as may be needed for the Engineer Research and Develop-
ment Center laboratory facilities at the Cold Regions Re-
search 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 Dartmouth College, 
to the south by Fletcher Circle graduate student housing
owned by the Trustees of Dartmouth College, and to the west 
by approximately 9 acres of real 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 sub-
section (a). The Secretary shall ensure that the Revolving 
Fund is appropriately reimbursed from the benefiting ap-
propriations. 
(c) RIGHT OF FIRST REFUSAL.—The Secretary may 
provide the Seller of any real property and associated prop-
erty interests identified in subsection (a)— 
(1) a right of first refusal to acquire such prop-
erty, or any portion thereof, in the event the property, 
or any portion thereof, is no longer needed by the De-
partment 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 market 
value at the time the property becomes available for 
purchase. The right of first refusal authorized in this 
section shall not inure to the benefit of the Sellers suc-
cessors or assigns. 
(d) DISPOSAL.—The Secretary of the Army is author-
ized to dispose of any property or associated real property 
interests that are subject to the exercise of the right of first 
refusal as set forth herein. 
SEC. 109. The Secretary of the Army may transfer, 
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 Maintenance’’, to mitigate for fish-
eries lost due to Corps of Engineers projects. 
SEC. 110. The Secretary of the Army, acting through 
the Chief of Engineers, is directed to fully utilize the Fed-
eral dredging fleet in support of all Army Corps of Engi-
neers missions and no restrictions shall be placed on the 
use or maintenance of any dredge in the Federal Fleet. 
SEC. 111. The Secretary of the Army, acting through 
the Chief of Engineers, is directed to maintain the Federal 
dredging fleet to technologically modern and efficient stand-
ards.
SEC. 112. The Secretary of the Army, acting through 
the Chief of Engineers is directed to utilize funds from the 
revolving fund to expeditiously undertake necessary health 
and safety improvements, including lead and asbestos 
abatement, to the dredge ‘‘McFarland’’: Provided, That the 
Secretary shall ensure that the Revolving Fund is appro-
priately reimbursed from appropriations of the Corps’ bene-
fiting programs by collection each year of amounts suffi-
cient to repay the capitalized cost of such construction and 
improvements. 
SEC. 113. 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 extinguished and of 
no further force and effect: 
(1) The reversionary interest and use restrictions 
related to port and industrial purposes; 
(2) The right for the District Engineer to review 
all pre-construction plans and/or specifications per-
taining to construction and/or maintenance of any 
structure intended for human habitation, other build-
ing structure, parking lots, or roads, if the elevation 
of the property is above the standard project flood ele-
vation; and
(3) The right of the District Engineer to object 
to, and thereby prevent, in his/her discretion, such ac-
tivity. 
SEC. 114. 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 
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 coordi-
nates 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. 115. 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 Hy-
draulic Flume building, and to purchase real estate, per-
form construction, and make facility, utility, street, road,
and infrastructure improvements to the Engineer Research 
and Development Center’s installations and facilities. The 
Secretary shall ensure that the Revolving Fund is appro-
priately reimbursed from the benefitting appropriations. 
SEC. 116. Section 1148 of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 
Stat. 2609) is amended by striking subsection (b) and in-
serting 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 pub-
lic interest.’’. 
SEC. 117. 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 until 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. 118. (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); 
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 anchor-
age, an 18-foot anchorage, a 21-foot channel, and 18-foot 
channels described by the following shall no longer be au-
thorized after the date of enactment of this Act: the 21-Foot 
Entrance Channel, beginning at a point (1) with coordi-
nates 374986.03, 150611.01; thence running south 46 de-
grees 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 coordinates 375919.88, 146906.60; 
thence running south 6 degrees 2 minutes 42.4 seconds east 
1,144.00 feet to a point (5) with coordinates 376040.35, 
145768.96; thence running 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-
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 running 
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 coordinates 375902.99, 
150300.93; thence running north 46 degrees 54 minutes 
30.7 seconds west 881.47 feet to an end point (13) with co-
ordinates 375259.29, 150903.12; and the 18-Foot South 
Goat Island Channel beginning at a point (14) with coordi-
nates 375509.09, 149444.83; thence running south 25 de-
grees 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 
coordinates 375532.67, 145429.32; thence running south 86 
degrees 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) 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 run-
ning 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 coordinates 376286.81, 147389.37; thence 
running north 78 degrees 56 minutes 15.6 seconds east 
404.86 feet to a point (23) with coordinates 376684.14, 
147467.05; thence running north 78 degrees 56 minutes 
15.6 seconds east 1,444.33 feet to a point (24) with coordi-
nates 378101.63, 147744.18; thence running south 5 degrees 
18 minutes 43.8 seconds west 1,228.20 feet to a point (25) 
with coordinates 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 
running 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 coordi-
nates 376182.45, 144168.12; and the 13-Foot Anchorage be-
ginning 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) with coordi-
nates 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 coordi-
nates 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 coordi-
nates 376209.02, 148743.06; and the 18-Foot North Anchor-
age 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 coordinates 
376501.82, 148737.47; thence running north 9 degrees 42 
minutes 19.0 seconds west 500.01 feet to a point (37) with 
coordinates 376417.52, 149230.32; thence running north 6 
degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end 
point (38) with coordinates 376277.92, 150522.81. 
(b) The area described by the following shall be redesig-
nated as an eighteen-foot channel and turning basin: Begin-
ning 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 run-
ning 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 degrees 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 coordinates 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 
coordinates N147724.33, E376623.55; thence running south 
2 degrees 10 minutes 43.3 seconds east 318.09 feet to a point 
(11) with coordinates N147406.47, E376635.64; thence run-
ning 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 degrees 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 coordinates 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 degrees 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. 
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, $28,991,000, to remain avail-
able until expended, of which $2,000,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation 
Account for use by the Utah Reclamation Mitigation and 
Conservation Commission, and of which $1,550,000 for nec-
essary expenses incurred in carrying out related respon-
sibilities of the Secretary of the Interior. For fiscal year 
2012, the Commission may use an amount not to exceed 
$1,500,000 for administrative expenses. 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation: 
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-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally rec-
ognized Indian tribes, and others, $885,670,000, to remain 
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 advanced to the 
Colorado River Dam Fund: Provided, That such transfers
may be increased or decreased within the overall appropria-
tion 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 Rec-
lamation special fee account established 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 contrib-
uted: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That of 
the amounts provided herein, 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. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habitat 
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 sections 
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 
to remain available until expended: Provided, That the Bu-
reau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration pay-
ments authorized by section 3407(d) of Public Law 102– 
575: Provided further, That none of the funds made avail-
able under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is al-
ready 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 
out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the costs 
of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta 
Authority for program-wide management and oversight ac-
tivities shall be subject to the approval of the Secretary of 
the Interior: Provided further, That CALFED implementa-
tion shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent 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 budg-
eted as policy and administration expenses. 
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 2010, 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 restricted 
by this Act, unless prior approval is received from the
Committees on Appropriations of the House of Rep-
resentatives 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 Committees 
on Appropriations of the House of Representatives 
and the Senate; 
(5) transfers funds in excess of the following lim-
its, unless prior approval is received from the Com-
mittees on Appropriations of the House of Represent-
atives 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 Rehabilita-
tion category or the Resources Management and De-
velopment category to any program, project, or activ-
ity in the other category, unless prior approval is re-
ceived 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 con-
tractor claims, increased contractor earnings due to 
accelerated rates of operations, and real estate defi-
ciency judgments, unless prior approval is received 
from the Committees on Appropriations of the House 
of Representatives and the Senate. 
(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, 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. 202. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine 
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 Envi-
ronmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage 
Program shall be classified by the Secretary of the Interior 
as reimbursable or nonreimbursable and collected until fully 
repaid pursuant to the ‘‘Cleanup Program-Alternative Re-
payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 
Plan’’ described in the report entitled ‘‘Repayment 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 relat-
ing to, or providing for, drainage service or drainage stud-
ies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pur-
suant 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 ‘‘2016’’; 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 
2016’’. 
SEC. 205. (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 amended— 
(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 natural 
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 Walker 
River’’ and all that follows through ‘‘119 Stat. 
2268)’’; and 
(3) in paragraph (3), by striking ‘‘in the Walker 
River Basin’’. 
(b) WALKER BASIN RESTORATION PROGRAM.—Section 
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 interests’’; and 
(2) in paragraph (2)(A), by striking ‘‘The 
amount made available under subsection (a)(1) shall 
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’’. 
SEC. 206. 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 Conserva-
tion Plan Final Environmental Impact Statement no later 
than February 15, 2013. Nothing herein modifies existing 
requirements of Federal law.
SEC. 207. 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 bank-
ing 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 partici-
pate in groundwater banking programs only to the 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 delivered 
shall pay for such water in the same manner provided by 
that water user’s then-current Central Valley Project water 
service, repayment, or water rights settlement contract at 
the rate provided by the then-current Central-Valley Project 
Irrigation or Municipal and Industrial Rate Setting Poli-
cies; and: Provided further, That in implementing this sec-
tion, the Secretary of the Interior shall comply with appli-
cable environmental laws, including the National Environ-
mental 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. 208. (a) Subject to compliance with all applicable 
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 temporary 
service contractors within the place of use in existence on 
the date of the transfer, as identified in the Bureau of Rec-
lamation water rights permits for the Friant Division, shall 
be considered to meet the conditions described in subpara-
graphs (A) and (I) of section 3405(a)(1) of the Reclamation 
Projects Authorization and Adjustment 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 ini-
tiate and complete, on the most expedited basis practicable, 
programmatic environmental compliance so as to facilitate 
voluntary water transfers within the Central Valley Project, 
consistent with all applicable Federal and State law. 
(c) Not later than 180 days after the date of enactment 
of this Act and each of the 4 years thereafter, the Commis-
sioner of the Bureau of Reclamation shall submit to the
100 
committee on Appropriations of the House of Representa-
tives 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 Central Valley 
Project and water transfers between the Central 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 envi-
ronment, groundwater aquifers, refuges, and communities; 
and provides recommendations on ways to facilitate and 
improve the process for these transfers. 
SEC. 209. Section 10009(c)(2) of the San Joaquin 
River Restoration Settlement Act (Public Law 111–11; 123 
Stat. 1356) is amended by striking ‘‘October 1, 2019, all 
funds in the Fund shall be available for expenditure without 
further appropriation.’’ and inserting ‘‘October 1, 2014, all 
funds in the Fund shall be available for expenditure on an 
annual basis in an amount not to exceed $40,000,000 with-
out further appropriation.’’ in lieu thereof. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital
101 
equipment, and other expenses necessary for energy effi-
ciency 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 con-
demnation of any real property or any facility or for plant 
or 
facility 
acquisition, 
construction, 
or 
expansion, 
$1,795,641,000, to remain available until expended: Pro-
vided, That $165,000,000 shall be available until September 
30, 2013 for program direction: Provided further, That of 
the amount appropriated, the Secretary may use not more 
than $170,000,000 for activities of the Department of En-
ergy pursuant to the Defense Production Act of 1950 (50 
U.S.C. App. 2061, et seq.): Provided further, That within 
12 months of the date of enactment, the Secretary shall ini-
tiate separate rulemakings to establish efficiency standards 
for televisions and set top television boxes. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for electricity de-
livery and energy reliability activities in carrying out the 
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,
102 
$141,010,000, to remain available until expended: Pro-
vided, That $27,010,000 shall be available until September 
30, 2013 for program direction. 
NUCLEAR ENERGY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for nuclear energy 
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 any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not more than 
10 buses, all for replacement only, $583,834,000, to remain 
available until expended: Provided, That $86,279,000 shall 
be available until September 30, 2013 for program direc-
tion: Provided further, That, notwithstanding any other 
provision of law, the Department shall develop a strategy 
within 3 months of the publication of the final report of 
the Blue Ribbon Commission on America’s Nuclear Future 
to manage spent nuclear fuel and other nuclear waste at 
consolidated storage facilities and permanent repositories 
that can be implemented as expeditiously as possible.
103 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING RESCISSION) 
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, including de-
feasible and equitable interests in any real property or any 
facility or for plant or facility acquisition or expansion, 
and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social 
and environmental costs (30 U.S.C. 3, 1602, and 1603), 
$445,471,000, to remain available until expended: Pro-
vided, That $151,729,000 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 re-
scinded: Provided further, That no rescission made by the 
previous proviso shall apply to any amount previously ap-
propriated in Public Law 111–5 or designated by the Con-
gress as an emergency requirement pursuant to a concur-
104 
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit 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 Reserve 
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
$192,704,000, to remain available until expended. 
SPR PETROLEUM ACCOUNT 
Notwithstanding sections 161 and 167 of the Energy 
Policy and Conservation Act (42 U.S.C. 6241, 6247), the 
Secretary of Energy shall sell $500,00,000 in petroleum 
products from the Reserve not later than March 1, 2012, 
and shall deposit any proceeds from such sales in the Gen-
eral Fund of the Treasury: Provided, That paragraphs 
(a)(1) and (2) of section 160 of the Energy Policy and Con-
servation Act of 1975 (42 U.S.C. 6240(a)(1) and (2)) are 
hereby repealed: Provided further, That unobligated bal-
105 
ances in this account shall be available to cover the costs 
of any sale under this Act. 
NORTHEAST HOME HEATING OIL RESERVE 
(INCLUDING RESCISSION) 
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: Provided, 
That amounts net of the purchase of 1 million barrels of 
petroleum distillates in fiscal year 2011; costs related to 
transportation, delivery, and storage; and sales of petro-
leum distillate from the Reserve under section 182 of the 
Energy Policy and Conservation Act of 1975 (42 U.S.C. 
6250a) are hereby rescinded. 
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-defense 
environmental cleanup activities in carrying out the pur-
poses of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or con-
106 
demnation of any real property or any facility or for plant 
or 
facility 
acquisition, 
construction, 
or 
expansion, 
$219,121,000, 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 Atom-
ic Energy Act of 1954, and title X, subtitle A, of the Energy 
Policy Act of 1992, $429,000,000, to be derived from the 
Uranium Enrichment Decontamination and Decommis-
sioning Fund, to remain available until expended. 
SCIENCE 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 49 passenger 
motor vehicles for replacement only, including one ambu-
lance and one bus, $4,842,665,000, to remain available 
until expended: Provided, That $180,786,000 shall be avail-
able until September 30, 2013 for program direction.
107 
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, $250,000,000, to remain 
available until expended. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Subject to section 502 of the Congressional Budget Act 
of 1974, for the cost of loan guarantees for renewable energy 
or efficient end-use energy technologies under section 1703 
of the Energy Policy Act of 2005, $200,000,000 is appro-
priated to remain available until expended: Provided, That 
the amounts in this section are in addition to those pro-
vided in any other Act: Provided further, That, notwith-
standing section 1703(a)(2) of the Energy Policy Act of 
2005, funds appropriated for the cost of loan guarantees 
are also available for projects for which an application has 
been submitted to the Department of Energy prior to Feb-
ruary 24, 2011, in whole or in part, for a loan guarantee 
under 1705 of the Energy Policy Act of 2005: Provided fur-
ther, That an additional amount for necessary administra-
tive expenses to carry out this Loan Guarantee program, 
$38,000,000 is appropriated, to remain available until ex-
pended: Provided further, That $38,000,000 of the fees col-
lected pursuant to section 1702(h) of the Energy Policy Act
108 
of 2005 shall be credited as offsetting collections to this ac-
count to cover administrative expenses and shall remain 
available until expended, so as to result in a final fiscal 
year 2011 appropriations from the general fund estimated 
at not more than $0: Provided further, That fees collected 
under section 1702(h) in excess of the amount appropriated 
for administrative expenses shall not be available until ap-
propriated: Provided further, That for amounts collected 
pursuant to section 1702(b)(2) of the Energy Policy Act of 
2005, the source of such payment received from borrowers 
is not a loan or other debt obligation that is guaranteed 
by the Federal Government: Provided further, That pursu-
ant to section 1702(b)(2) of the Energy Policy Act of 2005, 
no appropriations are available to pay the subsidy cost of 
such guarantees for nuclear power or fossil energy facilities: 
Provided further, That none of the loan guarantee authority 
made available in this Act shall be available for commit-
ments to guarantee loans for any projects where funds, per-
sonnel, or property (tangible or intangible) of any Federal 
agency, instrumentality, personnel or affiliated entity are 
expected to be used (directly or indirectly) through acquisi-
tions, contracts, demonstrations, exchanges, grants, incen-
tives, leases, procurements, sales, other transaction author-
ity, or other arrangements, to support the project or to ob-
tain goods or services from the project: Provided further,
109 
That the previous provision shall not be interpreted as pre-
cluding the use of the loan guarantee authority in this Act 
for commitment to guarantee loans for projects as a result 
of such projects benefiting from (a) otherwise allowable Fed-
eral income tax benefits; (b) being located on Federal land 
pursuant to a lease or right-of-way agreement for which all 
consideration for all uses is (i) paid exclusively in cash, 
(ii) deposited in the Treasury as offsetting receipts, and 
(iii) equal to the fair market value as determined by the 
head of the relevant Federal agency; (c) Federal insurance 
programs, including Price-Anderson; or (d) for electric gen-
eration projects, use of transmission facilities owned or op-
erated by a Federal Power Marketing Administration or 
the Tennessee Valley Authority that have been authorized, 
approved, and financed independent of the project receiving 
the guarantee: Provided further, That none of the loan guar-
antee authority made available in this Act shall be avail-
able for any project unless the Director of the Office of Man-
agement and Budget has certified in advance in writing 
that the loan guarantee and the project comply with the 
provisions under this title.
110 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOAN PROGRAM 
For administrative expenses in carrying out the Ad-
vanced Technology Vehicles Manufacturing Loan Program, 
$6,000,000, to remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out 
the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the hire of passenger 
motor vehicles and official reception and representation ex-
penses not to exceed $30,000, $237,623,000, to remain 
available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the 
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 
That such increases in cost of work are offset by revenue 
increases of the same or greater amount, to remain avail-
able until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to 
total $111,883,000 in fiscal year 2012 may be retained and 
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
111 
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 fis-
cal year 2012 appropriation from the general fund esti-
mated at not more than $125,740,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $41,774,000, to remain avail-
able 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 con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, the pur-
chase of not to exceed one ambulance and one aircraft; 
$7,190,000,000, to remain available until expended.
112 
DEFENSE NUCLEAR NONPROLIFERATION 
(INCLUDING RESCISSION) 
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 con-
demnation 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, $2,404,300,000, to remain available until 
expended: Provided, That of the unobligated balances avail-
able under this heading, $21,000,000 are hereby rescinded. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition (by purchase, condemnation, construction, 
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, $1,100,000,000, to 
remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, in-
114 
ergy 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, construc-
tion, or expansion, and the purchase of not to exceed 10 
passenger 
motor 
vehicles 
for 
replacement 
only, 
$819,000,000, to remain available until expended. 
POWER MARKETING ADMINISTRATION 
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 Conservation 
Aquaculture Program, Lolo Creek Permanent Weir Facil-
ity, and Improving Anadromous Fish production 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 Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southeastern 
power area, $8,428,000, to remain available until expended:
115 
Provided, That notwithstanding 31 U.S.C. 3302 and section 
5 of the Flood Control Act of 1944, up to $8,428,000 col-
lected by the Southeastern Power Administration 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 Southeastern Power Administration: 
Provided further, That the sum herein appropriated for an-
nual 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 $0: Pro-
vided further, That, notwithstanding 31 U.S.C. 3302, up 
to $100,162,000 collected by the Southeastern Power Ad-
ministration pursuant to the Flood Control Act of 1944 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses).
116 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
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 account as dis-
cretionary offsetting collections, to remain available until 
expended, for the sole purpose of funding the annual ex-
penses of the Southwestern Power Administration: Provided 
further, That the sum herein appropriated for annual ex-
penses 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 Southwestern Power Ad-
117 
ministration pursuant to the Flood Control Act of 1944 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
CONSTRUCTION, REHABILITATION, OPERATION AND 
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION 
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 conservation 
and renewable resources programs as authorized, including 
official reception and representation expenses 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 Reclamation Fund: Pro-
vided, 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 Administration from the sale of power and re-
lated services shall be credited to this account as discre-
118 
tionary offsetting collections, to remain available until ex-
pended, for the sole purpose of funding the annual expenses 
of the Western Area Power Administration: Provided fur-
ther, 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 appropria-
tion estimated 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 Reclama-
tion Mitigation and Conservation Account pursuant to title 
IV of the Reclamation Projects Authorization and Adjust-
ment Act of 1992: Provided further, That notwithstanding 
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 wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses).
119 
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 Administra-
tion, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255) as amended: Provided, That notwithstanding 
the provisions of that Act and of 31 U.S.C. 3302, up to 
$3,949,000 collected by the Western Area Power Adminis-
tration from the sale of power and related services from the 
Falcon and Amistad Dams 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 hydroelectric facilities of these Dams and 
associated Western Area Power Administration activities: 
Provided further, That the sum herein appropriated for an-
nual 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 expenditures that are generally re-
covered in the same year that they are incurred.
120 
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: 
Provided, That notwithstanding any other provision of law, 
not to exceed $304,600,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2012 shall be retained and used for necessary expenses in 
this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated 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: Provided further, That not later than 180 
days after the date of enactment of this Act, the Commission 
shall issue such regulations as are necessary to clarify that 
a State may establish rates for the wholesale sale of electric 
energy in interstate commerce pursuant to the Public Util-
ity Regulatory Policies Act of 1978 such that those rates 
shall not unduly discriminate against the qualifying cogen-
121 
eration facility or qualifying small power production facil-
ity selling the electric energy or exceed the costs to produce 
and deliver the electric energy, as determined for the specific 
technology at issue. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
SEC. 301. 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 accounts 
and thereafter may be accounted for as one fund for the 
same time period as originally enacted. 
SEC. 302. When the Department of Energy makes a 
user facility available to universities or other potential 
users, or seeks input from universities or other potential 
users regarding significant characteristics or equipment in 
a user facility or a proposed user facility, the Department 
shall ensure broad public notice of such availability or such 
need for input to universities and other potential users. 
When the Department of Energy considers the participation 
of a university or other potential user as a formal partner 
in the establishment or operation of a user facility, the De-
partment shall employ full and open competition in select-
122 
ing such a partner. For purposes of this section, the term 
‘‘user facility’’ includes, but is not limited to: 
(1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 
U.S.C. 13503(a)(2)); 
(2) a National Nuclear Security Administration 
Defense Programs Technology Deployment Center/ 
User Facility; and 
(3) any other Departmental facility designated 
by the Department as a user facility. 
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 au-
thorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2012 until the enactment of the Intelligence Authoriza-
tion Act for fiscal year 2012. 
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 Congress 
that year under section 1105(a) of title 31, United States 
Code, a future-years energy program reflecting the esti-
mated expenditures and proposed appropriations included 
in that budget. Any such future-years energy program shall 
cover the fiscal year with respect to which the budget is sub-
123 
mitted and at least the four succeeding fiscal years. A fu-
ture-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 ap-
propriations necessary to support programs, projects, 
and activities of the Secretary of Energy during the 
5-fiscal year period covered by the program, expressed 
in a level of detail comparable to that contained in 
the budget submitted by the President to Congress 
under section 1105 of title 31, United States Code. 
(2) The estimated expenditures and proposed ap-
propriations shaped by high-level, prioritized pro-
gram and budgetary guidance that is consistent with 
the administration’s policies and out year budget pro-
jections and reviewed by DOE’s senior leadership to 
ensure that the future-years energy program is con-
sistent and congruent with previously established pro-
gram and budgetary guidance. 
(3) A description of the anticipated workload re-
quirements for each DOE national laboratory during 
the 5-fiscal year period. 
(c) CONSISTENCY IN BUDGETING.—
124 
(1) The Secretary of Energy shall ensure that 
amounts described in subparagraph (A) of paragraph 
(2) for any fiscal year are consistent with amounts 
described in subparagraph (B) of paragraph (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 expenditure 
estimates and proposed appropriations in the 
budget submitted to Congress by the President 
under section 1105(a) of title 31, United States 
Code, for any fiscal year, as shown in the future- 
years energy program submitted pursuant to 
subsection (a). 
(B) The total amounts of estimated expendi-
tures and proposed appropriations necessary to 
support the programs, projects, and activities of 
the administration included pursuant to para-
graph (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—
125 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(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 
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 ap-
proved total estimated cost does not exceed the minor con-
struction threshold and for purposes of section 4704 of Pub-
lic Law 107–314 as a construction project with a current 
estimated cost of less than a minor construction threshold.
Calendar No. 157 
112TH CONGRESS 
1ST SESSION 
H. R. 2354 
[Report No. 112–75] 
AN ACT 
Making appropriations for energy and water devel-
opment and related agencies for the fiscal year 
ending September 30, 2012, and for other pur-
poses. 
JULY 18, 2011 
Received; read twice and referred to the Committee on 
Appropriations 
SEPTEMBER 7, 2011 
Reported with an amendment