H.R. 2354 — Energy and Water Development and Related Agencies Appropriations Act, 2012

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2354 Reported in House (RH)]

                                                  Union Calendar No. 68
112th CONGRESS
  1st Session
                                H. R. 2354

                          [Report No. 112-118]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2012, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2011

 Mr. Frelinghuysen, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2012, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives 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 energy and water development and related agencies for 
the fiscal year ending September 30, 2012, and for other purposes, 
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 supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related efforts.

                             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 related 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 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 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 protection, 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), 
$1,615,941,000, 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 Material 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, 
Illinois 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 requirement pursuant to the Concurrent 
Resolution on the Budget 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 Representatives to accompany this Act.

                   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, $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 
inland harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, 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 Representatives to accompany this Act.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, 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 
Engineers, including administrative buildings and laboratories; 
maintaining harbor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of general 
commerce, when authorized by law; surveying and charting northern and 
northwestern lakes and connecting waters; clearing and straightening 
channels; and removing obstructions to navigation, $2,366,465,000, 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 harbors shall be derived 
from the Harbor Maintenance Trust Fund; of which such sums as become 
available 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, interpretation, and maintenance activities 
related to resource protection in the areas at which outdoor recreation 
is available; and of which such sums as become available from fees 
collected under section 217 of the Water Resources Development 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 beginning of the fourth quarter of the 
fiscal year and shall be available for use by the Chief of Engineers to 
fund such emergency activities as the Chief of Engineers determines to 
be necessary and appropriate, and that the Chief of Engineers shall 
allocate during the fourth quarter any remaining funds which have not 
been used for emergency activities proportionally in accordance 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 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 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 performed as part of the Nation's 
early atomic energy program, $109,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for floods, hurricanes, 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 remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management 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 Finance Center allocable to the civil works 
program, $185,000,000, 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 activities of the 
division offices: Provided further, That any Flood Control and Coastal 
Emergencies appropriation may be used to fund the supervision and 
general administration of emergency operations, repairs, and other 
activities in response to any flood, hurricane, or other 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 available 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 program, project, 
        or activity for which funds are denied or restricted by this 
        Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) This section shall not apply to additional flood and coastal 
storm damage reduction and navigation program funds provided under 
``Remaining Items'' in the tables under the headings ``Corps of 
Engineers-Civil--Construction'' and ``Corps of Engineers-Civil--
Operation and Maintenance'' or to additional investigations funding 
under ``National Programs'' under the heading ``Corps of Engineers-
Civil--Investigations'' in the report of the Committee 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, activities, 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 in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the Army Corps of 
Engineers.
    Sec. 103.  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, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 104.  None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, 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 revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986 
(Public Law 99-662) is enacted.
    Sec. 105.  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 appropriating committees of the Congress.
    Sec. 106.  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 dispersing into the Great Lakes 
by way of any hydrologic connection between the Great Lakes and the 
Mississippi River Basin.
    Sec. 107.  The Secretary is authorized to transfer to ``Corps of 
Engineers-Civil--Construction'' up to $100,000,000 of the funds 
provided for reinforcing or replacing flood walls under the heading 
``Corps of Engineers-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 measures 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--
Construction'' 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. 108.  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. 109.  None of the funds made available by this Act or any 
subsequent Act making appropriations for Energy 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 
November 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 Pollution Control Act (33 U.S.C. 1251 
et seq.).
    Sec. 110.  None of the funds made available in this Act may be used 
by the Corps of Engineers to relocate, or study the relocation of, any 
regional division headquarters of the Corps located at a military 
installation or any permanent employees of such headquarters.
    Sec. 111. (a) Section 5 of the Act entitled ``An Act authorizing 
the construction of certain public works on rivers and harbors for 
flood control, and for other purposes,'' 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 restoration 
        work'' and inserting ``water resources development study or 
        project''; and
            (3) inserting ``: Provided further, That the term `States' 
        means the several States, the District of Columbia, the 
        commonwealths, territories, and possessions of the United 
        States, and Federally recognized Indian tribes'' before the 
        period.
    (b) The Secretary shall notify the appropriate committees 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 deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission. In addition, for necessary 
expenses incurred in carrying out related responsibilities 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 Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $822,300,000, 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; 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 transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account 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 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That except as provided in section 201, 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 Representatives to accompany this Act.

                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 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 expended, 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 appropriated 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 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 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 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 restricted 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 available at the beginning of the 
        fiscal year;
    (6) transfers more than $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
    (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 deficiency 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 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 otherwise 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 Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 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 Repayment 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 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service 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 fiscal 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 capital 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, to 
remain available until expended: Provided, That for the purposes of 
allocating weatherization assistance 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 
Conservation and Production Act (42 U.S.C. 6864(a)).

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery 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 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $139,496,000, to 
remain available until expended.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
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.), 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 more than 10 buses, 
all for replacement only, $733,633,000, to remain available until 
expended.

                 Fossil Energy Research and Development

    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 defeasible 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), $476,993,000, to remain available 
until expended: 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 Reserve 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, 6247), the Secretary of Energy shall 
sell $500,000,000 in petroleum 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 Policy and Conservation Act (42 U.S.C. 6240(a)(1) or (3)): 
Provided further, That unobligated balances in this account 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: 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 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 further, That notwithstanding section 181 of the Energy Policy 
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 capital equipment and other 
expenses necessary for non-defense 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 condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $213,121,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment 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 
derived 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: Provided, 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 capital 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.), 
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 ambulance and one bus, 
$4,800,000,000, to remain available 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 expended, 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, 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, $160,000,000, to remain available until expended: Provided, That 
the amounts provided in this section are in addition to those provided 
in any other Act: Provided further, That, notwithstanding 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 
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 remain 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 
administrative 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: Provided further, That fees 
collected under section 1702(h) in excess of the amount appropriated 
for administrative expenses shall not be available until appropriated: 
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 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, personnel or affiliated entity are expected to 
be used (directly or indirectly) through acquisitions, contracts, 
demonstrations, 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 benefiting 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 consideration for all uses is (A) 
paid exclusively in cash, (B) deposited 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 programs, 
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 Tennessee 
Valley Authority that have been authorized, approved, 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 
Office 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 Advanced 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 expenses not to exceed $30,000, $221,514,000, 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 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 miscellaneous revenues 
received during 2012, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2012 appropriation from the general fund 
estimated 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 capital 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 aircraft; $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: Provided 
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 Resolution on the 
Budget or the Balanced Budget and Emergency 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 capital 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, to remain available until expended: Provided, 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 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, 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 Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $420,000,000, 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 capital equipment and other 
expenses necessary for atomic energy defense 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 
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 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 capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified 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 10 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 Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Kootenai River Native Fish Conservation Aquaculture Program, Lolo Creek 
Permanent Weir Facility, 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 $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 Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern 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 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 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 $0: Provided further, That notwithstanding 31 U.S.C. 3302, up 
to $100,162,000 collected by the Southeastern Power Administration 
pursuant to the Flood Control Act of 1944 to recover purchase power and 
wheeling 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 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).

      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 reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern 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 discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration: 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 $11,892,000: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling 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 
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: 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 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 Western Area Power 
Administration: 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 $95,968,000, of which $88,924,000 is derived 
from the Reclamation Fund: Provided further, That of the amount herein 
appropriated, not more than $3,375,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment 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 
credited to this account as offsetting collections, to remain available 
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).

           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 
Administration, 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 Administration 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 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 expenditures 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 Regulatory Commission 
to carry out the provisions of the Department 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.

                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 Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Except as provided in paragraph (2), the Department of 
Energy may not, with respect to any program, project, or activity that 
uses budget authority made available in this title under the heading 
"Department of Energy--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 before such budget authority is 
available, regardless of whether the contract, grant, or cooperative 
agreement includes 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 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 program, 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 obligation 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 
        Energy submits a reprogramming request to the appropriate 
        congressional committees; or
            (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 restructuring plan 
        that covers employees of the Department of Energy.
    Sec. 303.  The unexpended balances of prior appropriations provided 
for activities in this Act may be available 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. 304.  None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector 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 participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting 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. 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) during 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 Secretary 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 available 
in this or any subsequent Energy and Water Development Appropriations 
Act to any other appropriation made available to the Secretary by such 
Act for such reimbursement.
    (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 fiscal 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 Secretary determines there exists a need for additional funds 
for pension plan costs in that fiscal year, as well as appropriations 
made available for the Power Marketing Administrations, 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 requirement.
    (d) Each January, the Secretary shall report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
state of defined benefit pension plan liabilities in the Department for 
the preceding year.
    (e) This transfer authority does not apply to supplemental 
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 September 30, 2015.
    (f) The Secretary shall notify the Committees on Appropriations of 
the House of Representatives and the Senate 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 classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office 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 appropriation 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 decision.
    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, totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an allocation, award, or 
Agreement, or to issue such a letter, including a contract covered by 
the Federal Acquisition Regulation, unless the Secretary of Energy 
notifies the Committees on Appropriations 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 letter: 
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 
notify 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 guarantee award unless the 
Secretary of Energy provides notification 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 ``significant regulatory action'' as defined 
by Executive Order 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 authorized by the 
Appalachian Regional Development Act of 1965, for necessary expenses 
for the Federal Co-Chairman and the Alternate on the Appalachian 
Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized 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 Facilities 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 Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding 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 capital equipment as 
necessary and other expenses, $10,700,000, to remain available until 
expended, notwithstanding 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 available 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 Regional 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 Regional 
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, to remain available 
until expended: Provided, 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: Provided, That of the 
amount appropriated herein, $10,000,000 shall be used to continue the 
Yucca Mountain license application, to be derived 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 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: 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 estimated at not more than 
$136,527,000: Provided further, That of the amounts appropriated 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 Program that will support multiyear projects that do not align 
with programmatic missions but are critical to maintaining 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 
retained and be available until expended, for necessary salaries 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 
estimated at not more than $1,086,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by section 5051 of Public Law 100-203, $3,400,000 to be 
derived from the Nuclear 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 Expenses'' 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 program, 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 Commission may not 
terminate any project, program, or activity without the approval of a 
majority vote of the Commissioners 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 Chairman of the 
Commission that a majority of Commissioners of the Nuclear Regulatory 
Commission have voted and approved 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 Committee 
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--
Capital Assistance for High Speed Rail Corridors and Intercity 
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 accounts of the Corps of Engineers--Civil in the 
following amounts for fiscal year 2011, to remain available until 
expended, 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 subsection (a), the 
Chief of Engineers, acting through the Assistant Secretary of the Army 
for Civil Works, shall provide, 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 designated 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 communicate 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 instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided, in this Act or any other appropriation Act.
    Sec. 603.  None of the funds appropriated or otherwise made 
available by this Act may be obligated by any covered executive agency 
in contravention of the certification 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 functions, technical review, or 
support activities associated with the Yucca Mountain geologic 
repository license application until the Nuclear Regulatory Commission 
reverses ASLB decision LBP-10-11, or for actions that irrevocably 
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 corporation 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 corporation 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 agreement with the authority responsible for collecting 
the tax liability.

                       spending reduction account

    Sec. 608.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2012''.
                                                  Union Calendar No. 68

112th CONGRESS

  1st Session

                               H. R. 2354

                          [Report No. 112-118]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2012, and for other 
                               purposes.

_______________________________________________________________________

                             June 24, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
Energy and Water Development and Related Agencies Appropriations Act, 2012

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