Energy and Water Development and Related Agencies Appropriations Act, 2013

Bill: 112-s-2465
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2012-04-26 in the Senate
Policy area: Economics and Public Finance
Subjects: Advanced technology and technological innovations
Alaska
Alternative and renewable resources
Appalachian Regional Commission
Appropriations
Aquatic ecology
Arms control and nonproliferation
Army Corps of Engineers
California
Congressional oversight
Dams and canals
Defense Nuclear Facilities Safety Board
Delta Regional Authority
Denali Commission
Department of Defense
Department of Energy
Department of the Interior
Electric power generation and transmission
Energy efficiency and conservation
Energy research
Federal Energy Regulatory Commission (FERC)
Floods and storm protection
Florida
Government lending and loan guarantees
Government trust funds
Great Lakes
Hazardous wastes and toxic substances
Hybrid, electric, and advanced technology vehicles
Illinois
Indiana
Lakes and rivers
Lighting, heating, cooling
Manufacturing
Marine and coastal resources, fisheries
Mississippi River
Missouri
Navigation, waterways, harbors
Nuclear Regulatory Commission (NRC)
Nuclear Waste Technical Review Board
Nuclear power
Nuclear weapons
Oil and gas
Radioactive wastes and releases
Research administration and funding
Research and development
Rhode Island
Strategic materials and reserves
Utah
Water resources funding
Water storage
Water use and supply
Watersheds
Wetlands

Summary:
action_date: 2012-04-26
text: 
Energy and Water Development and Related Agencies Appropriations Act, 2013 - Makes appropriations for energy and water development and related agencies for FY2013.
 
Makes FY2013 appropriations to the Department of the Army, Corps of Engineers-Civil, for FY2013 for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and (5) the Office of Assistant Secretary of the Army (Civil Works).
 
Makes FY2013 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, including water and related natural resources; (3) the Central Valley Project Restoration Fund; (4) California Bay-Delta Restoration, and (5) administrative expenses in the Office of the Commissioner (the Denver office). 
 
Makes appropriations for FY2013 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) Elk Hills School Lands Fund, (7) the Strategic Petroleum Reserve (SPR) and the Northeast Home Heating Oil Reserve, (8) the Energy Information Administration, (9) non-defense environmental cleanup, (10) the Uranium Enrichment Decontamination and Decommissioning Fund, (11) science activities, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the Administrator in the National Nuclear Security Administration, (21) atomic energy defense environmental cleanup, and (22) other defense activities including plant and capital expenses for atomic energy defense and classified activities.
 
Approves expenditures from the Bonneville Power Administration Fund.
 
Makes FY2013 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration, including construction and rehabilitation; (4) the Falcon and Amistad Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC). 
 
Makes FY2013 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) Northern Border Regional Commission; (6) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. 
 
Prohibits the use of funds appropriated by this Act to influence congressional action on legislation or appropriation pending before Congress.
action_date: 2012-04-26
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Energy and Water Development and Related Agencies Appropriations Act, 2013 - Makes appropriations for energy and water development and related agencies for FY2013.
 

Title I: Corps Of Engineers
 - 
Civil
 - Makes appropriations for FY2013 to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and (5) the Office of Assistant Secretary of the Army for Civil Works.
 
(Sec. 101) Prohibits funds provided either in this Act or by previous appropriations Acts from remaining available for obligation or expenditure in FY2013 through a reprogramming that would: (1) either create, initiate, or eliminate a new program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from congressional committees on appropriations; (3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such committees; or (4) augment or reduce existing programs, projects, or activities in excess of specified amounts without prior approval from such committees.
 
Permits reprogramming under specified conditions for: (1) general investigations, (2) general construction, and (3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program). 
 
Discourages submission to the congressional committees on appropriations of any reprogramming for less than $50,000 (de minimus reprogrammings).
 
Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program.
 
Directs the Corps of Engineers to report to the congressional appropriations committees to establish a baseline for application of reprogramming and transfer authorities for the current fiscal year.
 
(Sec. 102) Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986.
 
(Sec. 103) Directs the Assistant Secretary of the Army for Civil Works to submit to certain congressional committees the Chief of Engineers Report on a water resource matter. 
 
(Sec. 104) Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. 
 
(Sec. 105) Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost because of Corps of Engineers projects.
 
(Sec. 106) Amends the Water Resources Development Act of 1988 to increase to $2.918 billion the authorized federal cost of the navigation project for the Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky.
 
(Sec. 107) Terminates authorization for (1) a navigation project consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, Ipswich River, Massachusetts; (2) a specified portion of the project for navigation, Chicago Harbor, Illinois; and (3) a specified portion of the project for navigation, Warwick Cove, Rhode Island.
 
(Sec. 110) Modifies the project for flood control, Little Calumet River, Indiana, to authorize the Secretary to implement the project at a total cost of $269.988 million with an estimated federal cost of $202.8 million and an estimated non-federal cost of $67.188 million.
 
(Sec. 111) Authorizes the Secretary to carry over credits in excess of the Non-Federal Sponsor's share of total project cost between the C-111 South Dade project and the Kissimmee River project in Florida.
 
Amends the Water Resources Development Act of 1992 to combine into a single authorized total project cost two current authorized Kissimmee River project costs for ecosystem restoration and headwaters revitalization projects. Chicago Sanitary and Ship Canal Dispersal Barrier Project 
 
(Sec. 112) Directs the Secretary to expedite completion of the report on a study, authorized by the Water Resources Development Act of 2007, of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways. Requires the Secretary to focus on: (1) prevention of the spread of such species between the Great Lakes and Mississippi River Basins through the permanent hydrological separation of the Great Lakes and Mississippi River Basins, and (2) the watersheds of specified rivers and tributaries associated with the Chicago Area Waterway System.
 

Title II: Department Of The Interior
 - Makes FY2013 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, including water and related natural resources, (3) the Central Valley Project Restoration Fund, (4) California Bay-Delta Restoration, and (5) administrative expenses in the Office of the Commissioner (the Denver office). 
 
(Sec. 201) Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) create or initiate a new program, project, or activity; (2) eliminate an existing program, project, or activity; (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or (4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such appropriations 
 
committees.
 
Prohibits, without prior approval from such committees, funds for any reprogramming that transfers funds in excess of: (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year.
 
Extends the same prohibition without prior approval from such committees for any reprogramming that transfers more than: (1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or (2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments when necessary to discharge legal obligations of the Bureau of Reclamation.
 
(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the state of California have developed a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA) to minimize any detrimental effect of the San Luis drainage waters.
 
Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans.
 
Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies.
 
(Sec. 203) Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for: (1) the storage of Central Valley Project water supplies, (2) the purchase of stored water, (3) the purchase of shares or an interest in ground banking facilities, or (4) the use of Central Valley Project water as a medium of payment for groundwater banking services.
 
(Sec. 204) Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992. 
 
(Sec. 205) Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend its authorities and increase appropriations through FY2017. 
 
 (Sec. 206) Requires the Bureau of Reclamation to provide, upon request, planning assistance to Central Valley Project contractors, including those possessing contracts for refuge water supplies, in preparation for dry, critically dry, and below normal water year types.
 
(Sec. 207) Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, to partner with, provide a grant to, or enter into an agreement with local joint powers authorities formed by irrigation districts, other local water districts, and local governments, to advance congressionally authorized planning and feasibility studies for water storage projects.
 
(Sec. 208 ) Amends the San Joaquin River Restoration Settlement Act to advance from October 1, 2019, to October 1, 2014, the date when all funds in the San Joaquin River Restoration Fund shall be available for expenditure on an annual basis not to exceed $40 million without further appropriation.
 
(Sec. 209) Instructs the Secretary of the Interior to issue a plan to facilitate additional water supply deliveries to Central Valley Project contractors in dry, critically dry, or below normal water years as determined by the Sacramento Valley 40-30-30 index. 
 
(Sec. 210) Amends the Miscellaneous Appropriations Act 2001, to extend from 10 years to 15 years the period during which the Secretary of the Interior shall use the San Gabriel Basin Restoration Fund to operate and maintain any project constructed pursuant to San Gabriel Basin restoration.
 

Title III: Department Of Energy
 - Makes appropriations for FY2013 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) Elk Hills School Lands Fund, (7) the Strategic Petroleum Reserve (SPR) and the Northeast Home Heating Oil Reserve, (8) the Energy Information Administration, (9) non-defense environmental cleanup, (10) the Uranium Enrichment Decontamination and Decommissioning Fund, (11) science activities, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the Administrator in the National Nuclear Security Administration, (21) atomic energy defense environmental cleanup, and (22) other defense activities including plant and capital expenses for atomic energy defense and classified activities.
 
Approves expenditures from the Bonneville Power Administration Fund for high voltage line construction to specified service areas. Prohibits any new direct loan obligations from the Fund during FY2013.
 
Makes FY2013 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration, including construction and rehabilitation; (4) the Falcon and Amistad Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC). 
 
(Sec. 301) Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for in this Act. 
 
(Sec. 302) Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2013 until enactment of the Intelligence Authorization Act for FY 2013. 
 
(Sec. 303) Prohibits the use of funds for: (1) construction of high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure project compliance with nuclear safety requirements; or (2) approval of a critical decision-2 or critical decision-3 under a specified DOE Order, or any successive departmental guidance, for construction projects where the total project cost exceeds $100 million, until a separate independent cost estimate has been developed for the project for such critical decision.
 
(Sec. 305) Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry.
 
Requires the Secretary of Energy (Secretary in this title) to report to the congressional appropriations committees 30 days before the provision of uranium to accelerate cleanup at a federal site: (1) the amount of uranium involved and the expected provision date, (2) an estimate of its gross market value on the transaction date, (3) the value of the services DOE expects to receive in exchange for the uranium, and (4) the recipient of the uranium.
 
Requires DOE to report to congressional committees on appropriations regarding a revised excess uranium inventory management plan for FY2014-FY2019.
 
(Sec. 306) Amends the Continuing Appropriations Resolution, 2007 to change from annual to once every three years the Comptroller General's mandatory review of DOE's execution of the program of Incentives for Innovative Technologies under the Energy Policy Act of 2005, consisting of guarantees for certain projects, including gasification and liquefaction projects, that: (1) avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and (2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued.
 
(Sec. 307) Authorizes DOE to transfer, after certification of national security reasons, up to $150 million made available to any National Nuclear Security Administration account in this Act to further development and demonstration of national security-related enrichment technologies.
 
Requires DOE to provide federal funds and resources for research, development, or deployment of domestic enrichment technology.
 
(Sec. 308) Authorizes the Secretary to appoint, without regard to specified requirements, exceptionally well qualified individuals to scientific, engineering, or other critical technical positions.
 
(Sec. 309) Authorizes the Secretary to waive, on a case-by-case basis, certain requirements and restrictions governing employment of an annuitant if such employment is necessary to implement a critical DOE function for which DOE encountered exceptional difficulty in recruiting or retaining suitably qualified candidates.
 
(Sec. 310) Prohibits the use of funds to deposit into the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund more than $36.1 million from any federal royalties, rents, and bonuses derived from federal onshore and off-shore oil and gas leases.
 
(Sec. 311) Declares Native Hawaiians eligible for Indian energy resource programs in the same manner as an Indian tribe. 
 
(Sec. 312) Authorizes the Secretary to conduct a pilot program through private sector partners, to license, construct, and operate government or privately owned consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor.
 
Directs the Secretary to issue a request for proposals for cooperative agreements to: (1) obtain any license necessary from the Nuclear Regulatory Commission (NRC) for the construction of consolidated storage facilities, (2) demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, and (3) demonstrate safe storage of spent nuclear fuel and high-level radioactive waste at consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel.
 
Authorizes DOE to make expenditures from the Nuclear Waste Fund to implement such directive, subject to appropriations.
 
(Sec. 313) Amends the Energy Policy Act of 1992 to repeal, for baseline periods 1987-1990, the requirement that the Secretary: (1) develop an inventory of the national aggregate of greenhouse gases, and (2) issue guidelines for voluntary reporting on their sources. 
 
(Sec. 314) Amends the Energy Independence and Security Act to repeal the requirement that DOE make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time.
 
(Sec. 315) Amends the Department of Energy Organization Act to change to once every four years the surveys the Administrator of the Energy Information Administration is required to conduct regarding: (1) energy consumption in U.S. manufacturing industries (currently every two years), and (2) residential and commercial energy use (Currently every three years).
 

Title IV: Independent Agencies
 - Makes FY2013 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) Northern Border Regional Commission; (6) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. 
(Sec. 401) Amends the Denali Commission Act of 1998 to authorize the Commission to accept: (1) money as well as use and dispose of it, (2) conditional gifts meeting specified criteria, and (3) transfers of funds from other federal agencies for purposes of such Act. 

Title V: General Provisions
 - (Sec. 501) Prohibits the use of funds appropriated by this Act to influence congressional action on legislation or appropriation pending before Congress. 
 


Legislative actions:
action_date: 2012-04-26
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 383.
action_date: 2012-04-26
text: Committee on Appropriations. Original measure reported to Senate by Senator Feinstein. With written report No. 112-164.
action_date: 2012-04-26
text: Committee on Appropriations. Original measure reported to Senate by Senator Feinstein. With written report No. 112-164.
action_date: 2012-04-26
text: Introduced in Senate
action_date: 2012-03-28
text: Committee on Appropriations Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-839.
action_date: 2012-03-21
text: Committee on Appropriations Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-839.
action_date: 2012-03-14
text: Committee on Appropriations Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-839.