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

                                                       Calendar No. 157
112th CONGRESS
  1st Session
                                H. R. 2354

                          [Report No. 112-75]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2011

  Received; read twice and referred to the Committee on Appropriations

                           September 7, 2011

             Reported by Mrs. Feinstein, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>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:

         <DELETED>TITLE I--CORPS OF ENGINEERS--CIVIL</DELETED>

               <DELETED>DEPARTMENT OF THE ARMY</DELETED>

              <DELETED>Corps of Engineers--civil</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>investigations</DELETED>

<DELETED>    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.</DELETED>

                    <DELETED>construction</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    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 (reduced by $1,750,000), to remain 
available until expended; of which such sums as are necessary to cover 
the Federal share of construction costs for facilities under the 
Dredged 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.</DELETED>

          <DELETED>mississippi river and tributaries</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>operation and maintenance</DELETED>

<DELETED>    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 
(increased by $1,000,000) (increased by $6,360,000) (reduced by 
$4,900,000), to remain available until expended, of which such sums as 
are necessary to cover the Federal share of eligible operation and 
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.</DELETED>

                 <DELETED>regulatory program</DELETED>

<DELETED>    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$196,000,000, to remain available until expended.</DELETED>

   <DELETED>formerly utilized sites remedial action program</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>flood control and coastal emergencies</DELETED>

<DELETED>    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.</DELETED>

                      <DELETED>expenses</DELETED>

<DELETED>    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 (reduced by $6,360,000), to remain available 
until expended, of which not to exceed $5,000 may be used for official 
reception and representation purposes and only during the current 
fiscal year:  Provided, That no part of any other appropriation in this 
title shall be available to fund the civil works activities of the 
Office of the Chief of Engineers or the civil works executive direction 
and management 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.</DELETED>

   <DELETED>office of the assistant secretary of the army for civil 
                            works</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>administrative provision</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    Sec. 101. (a) None of the funds provided in this title 
shall be available for obligation or expenditure through a 
reprogramming of funds that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds or personnel for any program, 
        project, or activity for which funds are denied or restricted 
        by this Act;</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act;</DELETED>
        <DELETED>    (5) increases funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less; or</DELETED>
        <DELETED>    (6) reduces funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 102.  None of the funds made available in this title 
may be used to award or modify any contract that commits funds beyond 
the amounts appropriated for that program, project, or activity that 
remain unobligated, except that such amounts may include any funds that 
have been made available through reprogramming pursuant to section 
101.</DELETED>
<DELETED>    Sec. 103.  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.</DELETED>
<DELETED>    Sec. 104.  Not later than 90 days after the date of the 
Chief of Engineers Report on a water resource matter, the Assistant 
Secretary of the Army for Civil Works shall submit the report to the 
appropriate authorizing and appropriating committees of the 
Congress.</DELETED>
<DELETED>    Sec. 105.  During the 1-year period beginning on the date 
of enactment of this Act, the Secretary of the Army is authorized to 
implement measures recommended in the efficacy study authorized under 
section 3061 of the Water Resources Development Act of 2007 (121 Stat. 
1121) or in interim reports, with such modifications or emergency 
measures as the Secretary of the Army determines to be appropriate, to 
prevent aquatic nuisance species from dispersing into the Great Lakes 
by way of any hydrologic connection between the Great Lakes and the 
Mississippi River Basin.</DELETED>
<DELETED>    Sec. 106.  The Secretary is authorized to transfer to 
``Corps of Engineers-Civil--Construction'' up to $100,000,000 of the 
funds provided for reinforcing or 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.</DELETED>
<DELETED>    Sec. 107.  The Secretary of the Army may transfer to the 
Fish and Wildlife Service, and the Fish and Wildlife Service may accept 
and expend, up to $3,800,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.</DELETED>
<DELETED>    Sec. 108.  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.).</DELETED>
<DELETED>    Sec. 109.  None of the funds made available in this Act 
may be used by the Corps of Engineers to relocate, or study the 
relocation of, any regional division headquarters of the Corps located 
at a military installation or any permanent employees of such 
headquarters.</DELETED>
<DELETED>    Sec. 110. (a) Section 5 of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes,'' approved June 22, 
1936, (33 U.S.C. 701h), is amended by--</DELETED>
        <DELETED>    (1) inserting ``for work, which includes planning 
        and design,'' before ``to be expended'';</DELETED>
        <DELETED>    (2) striking ``flood control or environmental 
        restoration work'' and inserting ``water resources development 
        study or project''; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

        <DELETED>TITLE II--DEPARTMENT OF THE INTERIOR</DELETED>

                <DELETED>Central Utah Project</DELETED>

       <DELETED>central utah project completion account</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>Bureau of Reclamation</DELETED>

<DELETED>    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:</DELETED>

             <DELETED>water and related resources</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>central valley project restoration fund</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>california bay-delta restoration</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>policy and administration</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>administrative provision</DELETED>

<DELETED>    Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed five passenger motor vehicles, 
which are for replacement only.</DELETED>

   <DELETED>GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    Sec. 201. (a) None of the funds provided in this title 
shall be available for obligation or expenditure through a 
reprogramming of funds that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds for any program, project, or 
        activity for which funds have been denied or restricted by this 
        Act;</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act;</DELETED>
        <DELETED>    (5) transfers funds in excess of the following 
        limits--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Subsection (a)(5) shall not apply to any transfer of 
funds within the Facilities Operation, Maintenance, and Rehabilitation 
category.</DELETED>
<DELETED>    (c) For purposes of this section, the term ``transfer'' 
means any movement of funds into or out of a program, project, or 
activity.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>

           <DELETED>TITLE III--DEPARTMENT OF ENERGY</DELETED>

                   <DELETED>ENERGY PROGRAMS</DELETED>

       <DELETED>Energy Efficiency and Renewable Energy</DELETED>

<DELETED>    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 
(reduced by $6,000,000) (reduced by $200,000), 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)).</DELETED>

     <DELETED>Electricity Delivery and Energy Reliability</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>Nuclear Energy</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Fossil Energy Research and Development</DELETED>

<DELETED>    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 
(reduced by $2,200,000) (increased by $2,200,000), 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.</DELETED>

       <DELETED>Naval Petroleum and Oil Shale Reserves</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Strategic Petroleum Reserve</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>SPR Petroleum Account</DELETED>

<DELETED>    Notwithstanding sections 161 and 167 of the Energy Policy 
and Conservation Act (42 U.S.C. 6241 and 6247), the Secretary of Energy 
shall sell $500,000,000 in 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.</DELETED>

         <DELETED>Northeast Home Heating Oil Reserve</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Energy Information Administration</DELETED>

<DELETED>    For necessary expenses in carrying out the activities of 
the Energy Information Administration, $105,000,000, to remain 
available until expended.</DELETED>

          <DELETED>Non-defense Environmental Cleanup</DELETED>

<DELETED>    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 (increased by $41,000,000), to 
remain available until expended.</DELETED>

    <DELETED>Uranium Enrichment Decontamination and Decommissioning 
                             Fund</DELETED>

<DELETED>    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.</DELETED>

                       <DELETED>Science</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Advanced Research Projects Agency--Energy</DELETED>

<DELETED>    For necessary expenses in carrying out the activities 
authorized by section 5012 of the America COMPETES Act (42 U.S.C. 
16538), $100,000,000 (increased by $79,640,000), to remain available 
until expended.</DELETED>

        <DELETED>Title 17 Innovative Technology Loan Guarantee 
                           Program</DELETED>

<DELETED>    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 benefitting from: (1) otherwise 
allowable Federal income tax benefits; (2) being located on Federal 
land pursuant to a lease or right-of-way agreement for which all 
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.</DELETED>

       <DELETED>Advanced Technology Vehicles Manufacturing Loan 
                           Program</DELETED>

<DELETED>    For administrative expenses in carrying out the Advanced 
Technology Vehicles Manufacturing Loan Program, $6,000,000, to remain 
available until expended.</DELETED>

             <DELETED>Departmental Administration</DELETED>

<DELETED>    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 (reduced 
by $2,500,000) (reduced by $35,000,000) (reduced by $21,000,000) 
(reduced by $79,640,000) (reduced by $10,000,000), 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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>

      <DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>

                 <DELETED>Weapons Activities</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Defense Nuclear Nonproliferation</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    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 (increased by $35,000,000), 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.</DELETED>

                   <DELETED>Naval Reactors</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Office of the Administrator</DELETED>

<DELETED>    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 (reduced by $20,000,000), to remain available 
until expended.</DELETED>

     <DELETED>ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES</DELETED>

            <DELETED>Defense Environmental Cleanup</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Other Defense Activities</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>

        <DELETED>Bonneville Power Administration Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Southeastern Power 
                        Administration</DELETED>

<DELETED>    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).</DELETED>

        <DELETED>Operation and Maintenance, Southwestern Power 
                        Administration</DELETED>

<DELETED>    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).</DELETED>

   <DELETED>Construction, Rehabilitation, Operation and Maintenance, 
              Western Area Power Administration</DELETED>

<DELETED>    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).</DELETED>

  <DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Federal Energy Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>GENERAL PROVISIONS, DEPARTMENT OF ENERGY</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Paragraph (1) shall not apply with respect to major 
capital projects.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds or personnel for any program, 
        project, or activity for which funds are denied or restricted 
        by this Act;</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act;</DELETED>
        <DELETED>    (5) increases funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less; or</DELETED>
        <DELETED>    (6) reduces funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 302.  None of the funds made available in this title 
may be used--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to provide enhanced severance payments or 
        other benefits for employees of the Department of Energy under 
        section 4604; or</DELETED>
        <DELETED>    (3) develop or implement a workforce restructuring 
        plan that covers employees of the Department of 
        Energy.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 No. 12866 unless the Committee 
on Appropriations has been notified not later than 30 days before the 
issuance of such action.</DELETED>

           <DELETED>TITLE IV--INDEPENDENT AGENCIES</DELETED>

           <DELETED>Appalachian Regional Commission</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Defense Nuclear Facilities Safety Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Delta Regional Authority</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>Denali Commission</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Northern Border Regional Commission</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Southeast Crescent Regional Commission</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Nuclear Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the Nuclear Regulatory 
Commission in carrying out the purposes of the Energy Reorganization 
Act of 1974 and the Atomic Energy Act of 1954, including official 
representation expenses (not to exceed $25,000), $1,027,240,000 
(increased by $10,000,000), to remain available until expended:  
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 (increased by $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.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Nuclear Waste Technical Review Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Office of the Federal Coordinator for Alaska Natural Gas 
                   Transportation Projects</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>GENERAL PROVISION, INDEPENDENT AGENCIES</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds or personnel for any program, 
        project, or activity for which funds are denied or restricted 
        by this Act; or</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

     <DELETED>TITLE V--EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER 
                            RELIEF</DELETED>

    <DELETED>(including rescission and transfers of funds)</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) ``Construction'', $376,000.</DELETED>
        <DELETED>    (2) ``Mississippi River and Tributaries'', 
        $589,505,000.</DELETED>
        <DELETED>    (3) ``Operation and Maintenance'', 
        $204,927,000.</DELETED>
        <DELETED>    (4) ``Flood Control and Coastal Emergencies'', 
        $233,876,400.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Each amount transferred in subsection (a) is 
designated as an emergency pursuant to section 3(c)(1) of H. Res. 5 
(112th Congress).</DELETED>

            <DELETED>TITLE VI--GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

             <DELETED>spending reduction account</DELETED>

<DELETED>    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 (increased by $4,900,000) (increased by $6,000,000) (increased by 
$200,000) (increased by $2,500,000).</DELETED>
<DELETED>    Sec. 609.  None of the funds made available by this Act 
may be used to implement or enforce section 327.13(a) of title 36, Code 
of Federal Regulations.</DELETED>
<DELETED>    Sec. 610.  None of the funds made available by this Act 
for ``Department of Energy--Energy Programs--Science'' may be used in 
contravention of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.).</DELETED>
<DELETED>    Sec. 611.  None of the funds made available in this Act 
may be used to implement or enforce the recommendations or guidance 
proposed by the Army Corps of Engineers in the final draft of the 
McNary Shoreline Management Plan, Lake Wallula, Washington.</DELETED>
<DELETED>    Sec. 612.  None of the funds made available by this Act 
may be used by the Department of Energy to move the Office of 
Environmental Management under the authority of the Under Secretary for 
Nuclear Security of the Department of Energy.</DELETED>
<DELETED>    Sec. 613.  None of the funds made available by this Act 
may be used by the Department of Energy or any other Federal agency to 
lease or purchase new light duty vehicles, for any executive fleet, or 
for an agency's fleet inventory, except in accordance with Presidential 
Memorandum-Federal Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED>    Sec. 614.  None of the funds made available to the Corps 
of Engineers by this Act may be used for the removal or associated 
mitigation of Federal Energy Regulatory Commission Project number 
2342.</DELETED>
<DELETED>    Sec. 615.  None of the funds made available by this Act 
may be used to implement section 10011(b) of Public Law 111-
11.</DELETED>
<DELETED>    Sec. 616.  None of the funds made available by this Act 
may be used to enforce section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).</DELETED>
<DELETED>    Sec. 617.  None of the funds made available by this Act 
may be used to pay the salaries of Department of Energy employees to 
carry out section 407 of division A of the American Recovery and 
Reinvestment Act of 2009.</DELETED>
<DELETED>    Sec. 618.  None of the funds made available by this Act 
may be used for the study of the Missouri River Projects authorized in 
section 108 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2009 (division C of Public Law 111-8).</DELETED>
<DELETED>    Sec. 619.  None of the funds made available in this Act 
may be used to continue the study conducted by the Army Corps of 
Engineers pursuant to section 5018(a)(1) of the Water Resources 
Development Act of 2007.</DELETED>
<DELETED>    Sec. 620.  None of the funds made available in this Act 
may be used to develop or submit a proposal to expand the authorized 
uses of the Harbor Maintenance Trust Fund described in section 9505(c) 
of the Internal Revenue Code (26 U.S.C. 9505(c)).</DELETED>
<DELETED>    Sec. 621.  None of the funds made available by this Act 
may be used to fund any portion of the International activities at the 
Office of Energy Efficiency and Renewable Energy of the Department of 
Energy in China.</DELETED>
<DELETED>    Sec. 622.  None of the funds made available by this Act 
may be used in contravention of Executive Order No. 12898 of February 
11, 1994 (``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations'').</DELETED>
<DELETED>    Sec. 623.  None of the funds made available in this Act 
may be used--</DELETED>
        <DELETED>    (1) to implement or enforce section 430.32(x) of 
        title 10, Code of Federal Regulations; or</DELETED>
        <DELETED>    (2) to implement or enforce the standards 
        established by the tables contained in section 325(i)(1)(B) of 
        the Energy Policy and Conservation Act (42 U.S.C. 
        6295(i)(1)(B)) with respect to BPAR incandescent reflector 
        lamps, BR incandescent reflector lamps, and ER incandescent 
        reflector lamps.</DELETED>
<DELETED>    Sec. 624.  None of the funds made available by this Act 
may be used to implement any rule, regulation, or Executive order 
regarding the disclosure of political contributions that takes effect 
on or after the date of enactment of this Act.</DELETED>
<DELETED>    Sec. 625.  The amounts otherwise provided by this Act are 
revised by reducing the amount made available for ``Department of 
Energy--Energy Programs--Departmental Administration'', and by 
increasing the amount made available for ``Department of Energy--Energy 
Programs--Energy Efficiency and Renewable Energy'' (except for Program 
Direction), by $10,000,000.</DELETED>
<DELETED>    Sec. 626.  For ``Corps of Engineers-Civil--Construction'' 
there is hereby appropriated, and the amount otherwise provided by this 
Act for ``Corps of Engineers-Civil--Expenses'' is hereby reduced by, 
$1,000,000.</DELETED>
<DELETED>    Sec. 627.  None of the funds made available by this Act 
may be used to pay the salary of individuals appointed to their current 
position through, or otherwise carry out, paragraphs (1), (2), and (3) 
of section 5503(a) of title 5, United States Code.</DELETED>
<DELETED>    Sec. 628.  None of the funds made available by this Act 
may be used to fund any portion of the International program activities 
at the Office of Energy Efficiency and Renewable Energy of the 
Department of Energy with the exception of the activities authorized in 
section 917 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17337).</DELETED>
<DELETED>     This Act may be cited as the ``Energy aand Water 
Development and Related Agencies Appropriations Act, 2012''.</DELETED>
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, 
short protection, aquatic ecosystem restoration, and related efforts.

                         general investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and 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, $125,000,000, to 
remain available until expended.

                         construction, general

                     (including transfer 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); 
$1,610,000,000, 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 
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 Lock and Dam 27, 
Mississippi River, Illinois; Lock and Dams 2, 3, and 4 Monongahela 
River, Pennsylvania; Olmsted Lock and Dam, Illinois and Kentucky; and 
Emsworth Locks and Dam, Ohio River, Pennsylvania) shall be derived from 
the Inland Waterways Trust Fund.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $250,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
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, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,360,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps established by the Land and Water 
Conservation Act of 1965 (16 U.S.C. 460l-6a(i)) shall be derived from 
that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in areas managed 
by the Corps at which outdoor recreation is available; and of which 
such sums as become available from fees collected under section 217 of 
Public Law 104-303 shall be used to cover the cost of operation and 
maintenance of the dredged material disposal facilities for which such 
fees have been collected.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $193,000,000, to remain 
available until September 30, 2013.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work 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 flood, hurricane, 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.

                            general expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
United States Army Corps of Engineers and the offices of the Division 
Engineers; and for the 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, $185,000,000, 
to remain available until September 30, 2013, of which not to exceed 
$5,000 may be used for official reception and representation purposes 
and only during the current fiscal year:  Provided, That no part of any 
other appropriation provided in title I of this Act shall be available 
to fund the civil works activities of the Office of the Chief of 
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 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2013.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             general provisions--corps of engineers--civil

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2010, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House 
        and Senate Committees on Appropriations;
            (6) General investigations.--For a base level over 
        $100,000, reprogramming of 25 percent of the base amount up to 
        a limit of $150,000 per project, study or activity is allowed:  
        Provided, That for a base level less than $100,000, the 
        reprogramming limit is $25,000:  Provided further, That up to 
        $25,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation for existing 
        obligations and concomitant administrative expenses;
            (7) Construction, general.--For a base level over 
        $2,000,000, reprogramming of 15 percent of the base amount up 
        to a limit of $3,000,000 per project, study or activity is 
        allowed:  Provided, That for a base level less than $2,000,000, 
        the reprogramming limit is $300,000:  Provided further, That up 
        to $3,000,000 may be reprogrammed for settled contractor 
        claims, changed conditions, or real estate deficiency 
        judgments:  Provided further, That up to $300,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies:  Provided, That the Chief of Engineers 
        must notify the House and Senate Committees on Appropriations 
        of these emergency actions as soon thereafter as practicable:  
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount a limit of 
        $5,000,000 per project, study or activity is allowed:  Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, Construction, 
        and Operation and Maintenance portions of the Mississippi River 
        and Tributaries Account as listed above; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the House and Senate Committees 
on Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Corps of Engineers shall submit a report to the House and Senate 
Committees on Appropriations to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided, That the report shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.
    Sec. 102.  None of the funds in this Act, or previous Acts, making 
funds available to the Corps, shall be used to implement any pending or 
future competitive sourcing actions under OMB Circular A-76 or High 
Performing Organizations.
    Sec. 103.  None of the funds in this Act, or previous Acts, making 
funds available to the Corps, shall be used to award any continuing 
contract that commits additional funding from the Inland Waterways 
Trust Fund unless or until such time that a long-term mechanism to 
enhance revenues in this Fund sufficient to meet the cost-sharing 
authorized in the Water Resources Development Act of 1986 (Public Law 
99-662), as amended, is enacted.
    Sec. 104.  Within 120 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 105.  During the fiscal year period covered by this Act, the 
Secretary of the Army is authorized to implement measures recommended 
in the efficacy study authorized under section 3061 of the Water 
Resources Development Act of 2007 (121 Stat. 1121) or in interim 
reports, with such modifications or emergency measures as the Secretary 
of the Army determines to be appropriate, to prevent aquatic nuisance 
species from dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River Basin.
    Sec. 106.  The Secretary is authorized to transfer to the 
``Construction'' account up to $100,000,000 of the funds provided for 
reinforcing or replacing flood walls under the ``Flood Control and 
Coastal Emergencies'' heading in Public Law 109-234 (120 Stat. 455) and 
Public Law 110-252 (122 Stat. 2350) 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 ``Flood Control and 
Coastal Emergencies'' heading in Public Law 110-28 (121 Stat. 153) to 
be used with funds provided for the West Bank and Vicinity project 
under the ``Construction'' heading in Public Law 110-252 (122 Stat. 
2349) and Public Law 110-329 (122 Stat. 3589), consistent with 65 
percent Federal and 35 percent non-Federal cost share and the financing 
of, and payment terms for, the non-Federal cash contribution associated 
with the West Bank and Vicinity project.
    Sec. 107.  The Secretary of the Army may authorize a member of the 
Armed Forces under the Secretary's jurisdiction and employees of the 
Department of the Army to serve without compensation as director, 
officer, or otherwise in the management of the organization established 
to support and maintain the participation of the United States in the 
permanent international commission of the congresses of navigation, or 
any successor entity.
    Sec. 108. (a) Acquisition.--The Secretary is authorized to acquire 
any real property and associated real property interests in the 
vicinity of Hanover, New Hampshire as may be needed for the Engineer 
Research and Development Center laboratory facilities at the Cold 
Regions Research and Engineering Laboratory. This real property to be 
acquired consists of 18.5 acres more or less, identified as Tracts 101-
1 and 101-2, together with all necessary easements located entirely 
within the Town of Hanover, New Hampshire. The real property is 
generally bounded to the east by state route 10-Lyme Road, to the north 
by the vacant property of the Trustees of the Dartmouth College, to the 
south by Fletcher Circle graduate student housing owned by the Trustees 
of Dartmouth College, and to the west by approximately 9 acres of real 
property acquired in fee through condemnation in 1981 by the Secretary 
of the Army.
    (b) Revolving Fund.--The Secretary is authorized to use the 
Revolving Fund (33 U.S.C. 576) through the Plant Replacement and 
Improvement Program to acquire the real property and associated real 
property interests in subsection (a). The Secretary shall ensure that 
the Revolving Fund is appropriately reimbursed from the benefiting 
appropriations.
    (c) Right of First Refusal.--The Secretary may provide the Seller 
of any real property and associated property interests identified in 
subsection (a)--
            (1) a right of first refusal to acquire such property, or 
        any portion thereof, in the event the property, or any portion 
        thereof, is no longer needed by the Department of the Army.
            (2) a right of first refusal to acquire any real property 
        or associated real property interests acquired by condemnation 
        in Civil Action No. 81-360-L, in the event the property, or any 
        portion thereof, is no longer needed by the Department of the 
        Army.
            (3) the purchase of any property by the Seller exercising 
        either right of first refusal authorized in this section shall 
        be for consideration acceptable to the Secretary and shall be 
        for not less than fair market value at the time the property 
        becomes available for purchase. The right of first refusal 
        authorized in this section shall not inure to the benefit of 
        the Sellers successors or assigns.
    (d) Disposal.--The Secretary of the Army is authorized to dispose 
of any property or associated real property interests that are subject 
to the exercise of the right of first refusal as set forth herein.
    Sec. 109.  The Secretary of the Army may transfer, and the Fish and 
Wildlife Service may accept and expend, up to $3,800,000 of funds 
provided in this title under the heading ``Operation and Maintenance'', 
to mitigate for fisheries lost due to Corps of Engineers projects.
    Sec. 110.  The Secretary of the Army, acting through the Chief of 
Engineers, is directed to fully utilize the Federal dredging fleet in 
support of all Army Corps of Engineers missions and no restrictions 
shall be placed on the use or maintenance of any dredge in the Federal 
Fleet.
    Sec. 111.  The Secretary of the Army, acting through the Chief of 
Engineers, is directed to maintain the Federal dredging fleet to 
technologically modern and efficient standards.
    Sec. 112.  The Secretary of the Army, acting through the Chief of 
Engineers is directed to utilize funds from the revolving fund to 
expeditiously undertake necessary health and safety improvements, 
including lead and asbestos abatement, to the dredge ``McFarland'':  
Provided, That the Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefiting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such construction and improvements.
    Sec. 113.  With respect to the property covered by the deed 
described in Auditor's instrument No. 2006-014428 of Benton County, 
Washington, approximately 1.5 acres, the following deed restrictions 
are hereby extinguished and of no further force and effect:
            (1) The reversionary interest and use restrictions related 
        to port and industrial purposes;
            (2) The right for the District Engineer to review all pre-
        construction plans and/or specifications pertaining to 
        construction and/or maintenance of any structure intended for 
        human habitation, other building structure, parking lots, or 
        roads, if the elevation of the property is above the standard 
        project flood elevation; and
            (3) The right of the District Engineer to object to, and 
        thereby prevent, in his/her discretion, such activity.
    Sec. 114.  That portion of the project for navigation, Block Island 
Harbor of Refuge, Rhode Island adopted by the Rivers and Harbors Act of 
July 11, 1870, consisting of the cut-stone breakwater lining the west 
side of the Inner Basin; beginning at a point with coordinates 
N32579.55, E312625.53, thence running northerly about 76.59 feet to a 
point with coordinates N32655.92, E312631.32, thence running northerly 
about 206.81 feet to a point with coordinates N32858.33, E312673.74, 
thence running easterly about 109.00 feet to a point with coordinates 
N32832.15, E312779.54, shall no longer be authorized after the date of 
enactment.
    Sec. 115.  The Secretary of the Army, acting through the Chief of 
Engineers, is authorized, using amounts available in the Revolving Fund 
established by section 101 of the Act of July 27, 1953, chap. 245 (33 
U.S.C. 576), to construct a Consolidated Infrastructure Research 
Equipment Facility, an Environmental Processes and Risk Lab, a 
Hydraulic Research Facility, an Engineer Research and Development 
Center headquarters building, a Modular Hydraulic Flume building, and 
to purchase real estate, perform construction, and make facility, 
utility, street, road, and infrastructure improvements to the Engineer 
Research and Development Center's installations and facilities. The 
Secretary shall ensure that the Revolving Fund is appropriately 
reimbursed from the benefitting appropriations.
    Sec. 116.  Section 1148 of the Water Resources Development Act of 
1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Disposition of Acquired Land.--The Secretary may transfer 
land acquired under this section to the non-Federal sponsor by 
quitclaim deed subject to such terms and conditions as the Secretary 
determines to be in the public interest.''.
    Sec. 117.  The New London Disposal Site and the Cornfield Shoals 
Disposal Site in Long Island Sound selected by the Department of the 
Army as alternative dredged material disposal sites under section 
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972, 
as amended, shall remain open until completion of a Supplemental 
Environmental Impact Statement to support final designation of an Ocean 
Dredged Material Disposal Site in eastern Long Island Sound under 
section 102(c) of the Marine Protection, Research, and Sanctuaries Act 
of 1972.
    Sec. 118. (a) That portion of the project for navigation, Newport 
Harbor, Rhode Island adopted by the Rivers and Harbors Acts of March 2, 
1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50 
Stat. 845); and, modified by the Consolidated Appropriations Act, 2000, 
Public Law 106-113, appendix E, title II, section 221 (113 Stat. 1501A-
298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
foot channel, and 18-foot channels described by the following shall no 
longer be authorized after the date of enactment of this Act: the 21-
Foot Entrance Channel, beginning at a point (1) with coordinates 
374986.03, 150611.01; thence running south 46 degrees 54 minutes 30.7 
seconds east 900.01 feet to a point (2) with coordinates 375643.27, 
149996.16; thence running south 8 degrees 4 minutes 58.3 east 2,376.87 
feet to a point (3) with coordinates 375977.47, 147643.00; thence 
running south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a 
point (4) with coordinates 375919.88, 146906.60; thence running south 6 
degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point (5) with 
coordinates 376040.35, 145768.96; thence running south 34 degrees 5 
minutes 51.7 seconds west 707.11 feet to a point (6) with coordinates 
375643.94, 145183.41; thence running south 73 degrees 11 minutes 42.9 
seconds west 1,300.00 feet to the end point (7) with coordinates 
374399.46, 144807.57; Returning at a point with coordinates (8) with 
coordinates 374500.64, 144472.51; thence running north 73 degrees 11 
minutes 42.9 seconds east 1,582.85 feet to a point (9) with coordinates 
376015.90, 144930.13; thence running north 34 degrees 5 minutes 51.7 
seconds east 615.54 feet to a point (10) with coordinates 376360.97, 
145439.85; thence running north 2 degrees 10 minutes 43.3 seconds west 
2,236.21 feet to a point (11) with coordinates 376275.96, 147674.45; 
thence running north 8 degrees 4 minutes 55.6 seconds west 2,652.83 
feet to a point (12) with coordinates 375902.99, 150300.93; thence 
running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an 
end point (13) with coordinates 375259.29, 150903.12; and the 18-Foot 
South Goat Island Channel beginning at a point (14) with coordinates 
375509.09, 149444.83; thence running south 25 degrees 44 minutes 0.5 
second east 430.71 feet to a point (15) with coordinates 375696.10, 
149056.84; thence running south 10 degrees 13 minutes 27.4 seconds east 
1,540.89 feet to a point (16) with coordinates 375969.61, 147540.41; 
thence running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 
feet to a point (17) with coordinates 375839.53, 145882.59; thence 
running south 34 degrees 5 minutes 51.7 seconds west 547.37 feet to a 
point (18) with coordinates 375532.67, 145429.32; thence running south 
86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end point 
(19) with coordinates 374933.60, 145395.76; and the 18-Foot Entrance 
Channel beginning at a point (20) with coordinates 374567.14, 
144252.33; thence running north 73 degrees 11 minutes 42.9 seconds east 
1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42; 
thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet 
to an end point (10) with coordinates 376360.97, 145439.85; and the 18-
Foot South Anchorage beginning at a point (22) with coordinates 
376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6 
seconds east 404.86 feet to a point (23) with coordinates 376684.14, 
147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east 
1,444.33 feet to a point (24) with coordinates 378101.63, 147744.18; 
thence running south 5 degrees 18 minutes 43.8 seconds west 1,228.20 
feet to a point (25) with coordinates 377987.92, 146521.26; thence 
running south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a 
point (26) with coordinates 378026.56, 145944.71; thence running south 
44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27) 
with coordinates 376403.52, 144295.24 thence running south 60 degrees 5 
minutes 58.2 seconds west 255.02 feet to an end point (28) with 
coordinates 376182.45, 144168.12; and the 13-Foot Anchorage beginning 
at a point (29) with coordinates 376363.39, 143666.99; thence running 
north 63 degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point 
(30) with coordinates 378120.68, 144540.38; thence running north 3 
degrees 50 minutes 3.1 seconds west 1,407.47 feet to an end point (26) 
with coordinates 378026.56, 145944.71; and the 18-Foot East Channel 
beginning at a point (23) with coordinates 376684.14, 147467.05; thence 
running north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a 
point (31) with coordinates 376674.14, 147729.81; thence running north 
9 degrees 42 minutes 20.3 seconds west 301.35 feet to a point (32) with 
coordinates 376623.34, 148026.85; thence running south 80 degrees 17 
minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates 
376314.23, 147973.99; thence running north 7 degrees 47 minutes 21.9 
seconds west 776.24 feet to an end point (34) with coordinates 
376209.02, 148743.06; and the 18-Foot North Anchorage beginning at a 
point (35) with coordinates 376123.98, 148744.69; thence running south 
88 degrees 54 minutes 16.2 seconds east 377.90 feet to a point (36) 
with coordinates 376501.82, 148737.47; thence running north 9 degrees 
42 minutes 19.0 seconds west 500.01 feet to a point (37) with 
coordinates 376417.52, 149230.32; thence running north 6 degrees 9 
minutes 53.2 seconds west 1,300.01 feet to an end point (38) with 
coordinates 376277.92, 150522.81.
    (b) The area described by the following shall be redesignated as an 
eighteen-foot channel and turning basin: Beginning at a point (1) with 
coordinates N144759.41, E374413.16; thence running north 73 degrees 11 
minutes 42.9 seconds east 1,252.88 feet to a point (2) with coordinates 
N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1 
seconds east 778.89 feet to a point (3) with coordinates N145818.71, 
E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west 
1,200.24 feet to a point (4) with coordinates N147018.94, E375958.77; 
thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet 
to a point (5) with coordinates N147872.56, E375994.23; thence running 
north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6) 
with coordinates N148619.44, E375892.06; thence running north 88 
degrees 46 minutes 16.7 seconds east 281.85 feet to a point (7) with 
coordinates N148625.48, E376173.85; thence running south 7 degrees 47 
minutes 21.9 seconds east 716.4 feet to a point (8) with coordinates 
N147915.69, E376270.94; thence running north 80 degrees 17 minutes 42.3 
seconds east 315.3 feet to a point (9) with coordinates N147968.85, 
E.76581.73; thence running south 9 degrees 42 minutes 20.3 seconds east 
248.07 feet to a point (10) with coordinates N147724.33, E376623.55; 
thence running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet 
to a point (11) with coordinates N147406.47, E376635.64; thence running 
north 78 degrees 56 minutes 15.6 seconds east 571.11 feet to a point 
(12) with coordinates N147516.06, E377196.15; thence running south 88 
degrees 57 minutes 2.3 seconds east 755.09 feet to a point (13) with 
coordinates N147502.23, E377951.11; thence running south 1 degree 2 
minutes 57.7 seconds west 100.00 feet to a point (14) with coordinates 
N147402.25, E377949.28; thence running north 88 degrees 57 minutes 2.3 
seconds west 744.48 feet to a point (15) with coordinates N147415.88, 
E377204.92; thence running south 78 degrees 56 minutes 15.6 seconds 
west 931.17 feet to a point (16) with coordinates N147237.21, 
E376291.06; thence running south 39 degrees 26 minutes 18.7 seconds 
west 208.34 feet to a point (17) with coordinates N147076.31, 
E376158.71; thence running south 0 degrees 3 minutes 38.1 seconds east 
1,528.26 feet to a point (18) with coordinates N145548.05, E376160.32; 
thence running south 26 degrees 29 minutes 48.1 seconds west 686.83 
feet to a point (19) with coordinates N144933.37, E375853.90; thence 
running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet to 
end at a point (20) with coordinates N144520.08, E374485.44.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $28,991,000, to remain 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, and of which $1,550,000 for 
necessary expenses incurred in carrying out related responsibilities of 
the Secretary of the Interior. For fiscal year 2012, the Commission may 
use an amount not to exceed $1,500,000 for administrative expenses.

                      water and related resources

                     (including transfers of funds)

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:
    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, $885,670,000, to remain available until expended, of which 
$10,698,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $6,136,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund:  Provided, 
That such transfers may be increased or decreased within the overall 
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 of the amounts provided herein, funds may be used for 
high priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $53,068,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended:  Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $39,651,000, to remain 
available until 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 September 30, 2013, $60,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous appropriations 
Acts to the agencies or entities funded in title II of this Act for 
Water and Related Resources that remain available for obligation or 
expenditure in fiscal year 2010, shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (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, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, 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.  Section 529(b)(3) of Public Law 106-541, as amended by 
section 115 of Public Law 109-103, is further amended by striking 
``$20,000,000'' and inserting ``$30,000,000'' in lieu thereof.
    Sec. 204.  Section 8 of the Water Desalination Act of 1996 (42 
U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``2011'' and inserting ``2016''; and
            (2) in subsection (b), by striking ``$25,000,000 for fiscal 
        years 1997 through 2011'' and inserting ``$3,000,000 for each 
        of fiscal years 2012 through 2016''.
    Sec. 205. (a) Permitted Uses.--Section 2507(b) of the Farm Security 
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171) is amended--
            (1) in the matter preceding paragraph (1), by striking ``In 
        any case in which there are willing sellers'' and inserting 
        ``For the benefit of at-risk natural desert terminal lakes and 
        associated riparian and watershed resources, in any case in 
        which there are willing sellers or willing participants'';
            (2) in paragraph (2), by striking ``in the Walker River'' 
        and all that follows through ``119 Stat. 2268)''; and
            (3) in paragraph (3), by striking ``in the Walker River 
        Basin''.
    (b) Walker Basin Restoration Program.--Section 208(b) of the Energy 
and Water Development and Related Agencies Appropriations Act, 2010 
(Public Law 111-85; 123 Stat. 2858) is amended--
            (1) in paragraph (1)(B)(iv), by striking ``exercise water 
        rights'' and inserting ``manage land, water appurtenant to the 
        land, and related interests''; and
            (2) in paragraph (2)(A), by striking ``The amount made 
        available under subsection (a)(1) shall be provided to the 
        National Fish and Wildlife Foundation'' and inserting ``Any 
        amount made available to the National Fish and Wildlife 
        Foundation under subsection (a) shall be provided''.
    Sec. 206.  The Federal policy for addressing California's water 
supply and environmental issues related to the Bay-Delta shall be 
consistent with State law, including the co-equal goals of providing a 
more reliable water supply for the State of California and protecting, 
restoring, and enhancing the Delta ecosystem. The Secretary of the 
Interior, the Secretary of Commerce, the Army Corps of Engineers and 
the Environmental Protection Agency Administrator shall jointly 
coordinate the efforts of the relevant agencies and work with the State 
of California and other stakeholders to complete and issue the Bay 
Delta Conservation Plan Final Environmental Impact Statement no later 
than February 15, 2013. Nothing herein modifies existing requirements 
of Federal law.
    Sec. 207.  The Secretary of the Interior may participate in non-
Federal groundwater banking programs to increase the operational 
flexibility, reliability, and efficient use of water in the State of 
California, and this participation may include making payment for the 
storage of Central Valley Project water supplies, the purchase of 
stored water, the purchase of shares or an interest in ground banking 
facilities, or the use of Central Valley Project water as a medium of 
payment for groundwater banking services:  Provided, That the Secretary 
of the Interior shall participate in groundwater banking programs only 
to the extent allowed under State law and consistent with water rights 
applicable to the Central Valley Project:  Provided further, That any 
water user to which banked water is delivered shall pay for such water 
in the same manner provided by that water user's then-current Central 
Valley Project water service, repayment, or water rights settlement 
contract at the rate provided by the then-current Central-Valley 
Project Irrigation or Municipal and Industrial Rate Setting Policies; 
and:  Provided further, That in implementing this section, the 
Secretary of the Interior shall comply with applicable environmental 
laws, including the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) Nothing herein shall alter or limit the Secretary's 
existing authority to use groundwater banking to meet existing fish and 
wildlife obligations.
    Sec. 208. (a) Subject to compliance with all applicable Federal and 
State laws, a transfer of irrigation water among Central Valley Project 
contractors from the Friant, San Felipe, West San Joaquin, and Delta 
divisions, and a transfer from a long-term Friant Division water 
service or repayment contractor to a temporary or prior temporary 
service contractors within the place of use in existence on the date of 
the transfer, as identified in the Bureau of Reclamation water rights 
permits for the Friant Division, shall be considered to meet the 
conditions described in subparagraphs (A) and (I) of section 3405(a)(1) 
of the Reclamation Projects Authorization and Adjustment Act of 1992 
(Public Law 102-575; 106 Stat. 4709).
    (b) The Secretary of the Interior, acting through the Director of 
the United States Fish and Wildlife Service and the Commissioner of the 
Bureau of Reclamation shall initiate and complete, on the most 
expedited basis practicable, programmatic environmental compliance so 
as to facilitate voluntary water transfers within the Central Valley 
Project, consistent with all applicable Federal and State law.
    (c) Not later than 180 days after the date of enactment of this Act 
and each of the 4 years thereafter, the Commissioner of the Bureau of 
Reclamation shall submit to the committee on Appropriations of the 
House of Representatives and the Committee on Appropriations of the 
Senate a report that describes the status of efforts to help facilitate 
and improve the water transfers within the Central Valley Project and 
water transfers between the Central Valley Project and other water 
projects in the State of California; evaluates potential effects of 
this Act on Federal programs, Indian tribes, Central Valley Project 
operations, the environment, groundwater aquifers, refuges, and 
communities; and provides recommendations on ways to facilitate and 
improve the process for these transfers.
    Sec. 209.  Section 10009(c)(2) of the San Joaquin River Restoration 
Settlement Act (Public Law 111-11; 123 Stat. 1356) is amended by 
striking ``October 1, 2019, all funds in the Fund shall be available 
for expenditure without further appropriation.'' and inserting 
``October 1, 2014, all funds in the Fund shall be available for 
expenditure on an annual basis in an amount not to exceed $40,000,000 
without further appropriation.'' in lieu thereof.

                               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, $1,795,641,000, to 
remain available until expended:  Provided, That $165,000,000 shall be 
available until September 30, 2013 for program direction:  Provided 
further, That of the amount appropriated, the Secretary may use not 
more than $170,000,000 for activities of the Department of Energy 
pursuant to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et 
seq.):  Provided further, That within 12 months of the date of 
enactment, the Secretary shall initiate separate rulemakings to 
establish efficiency standards for televisions and set top television 
boxes.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the 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, $141,010,000, to 
remain available until expended:  Provided, That $27,010,000 shall be 
available until September 30, 2013 for program direction.

                             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, $583,834,000, to remain available until 
expended:  Provided, That $86,279,000 shall be available until 
September 30, 2013 for program direction:  Provided further, That, 
notwithstanding any other provision of law, the Department shall 
develop a strategy within 3 months of the publication of the final 
report of the Blue Ribbon Commission on America's Nuclear Future to 
manage spent nuclear fuel and other nuclear waste at consolidated 
storage facilities and permanent repositories that can be implemented 
as expeditiously as possible.

                 Fossil Energy Research and Development

                         (including rescission)

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including 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), $445,471,000, to remain available 
until expended:  Provided, That $151,729,000 shall be available until 
September 30, 2013 for program direction:  Provided further, That for 
all programs funded under Fossil Energy appropriations in this Act or 
any other Act, the Secretary may vest fee title or other property 
interests acquired under projects in any entity, including the United 
States:  Provided further, That of prior-year balances, $187,000,000 
are hereby rescinded:  Provided further, That no rescission made by the 
previous proviso shall apply to any amount previously appropriated in 
Public Law 111-5 or designated by the Congress as an emergency 
requirement pursuant to a concurrent resolution on the budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $14,909,000, to remain available until expended:  
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program 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 $500,00,000 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 paragraphs (a)(1) and (2) 
of section 160 of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6240(a)(1) and (2)) are hereby repealed:  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)

    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 of 1975 (42 U.S.C. 6250a) are hereby rescinded.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $105,000,000, to remain available until 
expended.

                   Non-defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and 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, $219,121,000, 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, $429,000,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                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, 
$4,842,665,000, to remain available until expended:  Provided, That 
$180,786,000 shall be available until September 30, 2013 for program 
direction.

               Advanced Research Projects Agency--Energy

    For necessary expenses in carrying out the activities authorized by 
section 5012 of the America COMPETES Act (Public Law 110-69), as 
amended, $250,000,000, to remain available until expended.

         Title 17 Innovative Technology Loan Guarantee Program

    Subject to section 502 of the Congressional Budget Act of 1974, for 
the cost of loan guarantees for renewable energy or efficient end-use 
energy technologies under section 1703 of the Energy Policy Act of 
2005, $200,000,000 is appropriated to remain available until expended:  
Provided, That the amounts 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 2011 appropriations 
from the general fund estimated at not more than $0:  Provided further, 
That fees collected under section 1702(h) in excess of the amount 
appropriated for administrative expenses shall not be available until 
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 
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no 
appropriations are available to pay the subsidy cost of such guarantees 
for nuclear power or fossil energy facilities:  Provided further, That 
none of the loan guarantee authority made available in this Act shall 
be available for 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 provision shall not be interpreted as 
precluding the use of the loan guarantee authority in this Act for 
commitment to guarantee loans for projects as a result of such projects 
benefiting from (a) otherwise allowable Federal income tax benefits; 
(b) being located on Federal land pursuant to a lease or right-of-way 
agreement for which all consideration for all uses is (i) paid 
exclusively in cash, (ii) deposited in the Treasury as offsetting 
receipts, and (iii) equal to the fair market value as determined by the 
head of the relevant Federal agency; (c) Federal insurance programs, 
including Price-Anderson; or (d) for electric 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 Act 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 title.

        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, $237,623,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.):  Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain 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 
$125,740,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $41,774,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and 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; $7,190,000,000, to remain 
available until expended.

                    Defense Nuclear Nonproliferation

                         (including rescission)

    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, 
$2,404,300,000, to remain available until expended:  Provided, That of 
the unobligated balances available under this heading, $21,000,000 are 
hereby rescinded.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of 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, $1,100,000,000, 
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,$404,000,000, to 
remain available until September 30, 2013.

               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 ambulances and one fire truck for replacement only, 
$5,002,308,000, to remain available until expended:  Provided, That 
$321,628,000 shall be available until September 30, 2013 for program 
direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and 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, $819,000,000, to remain available until 
expended.

                     POWER MARKETING ADMINISTRATION

                  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 $7,000. During 
fiscal year 2012, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $8,428,000, to remain available until 
expended:  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:  
Provided further, That not later than 180 days after the date of 
enactment of this Act, the Commission shall issue such regulations as 
are necessary to clarify that a State may establish rates for the 
wholesale sale of electric energy in interstate commerce pursuant to 
the Public Utility Regulatory Policies Act of 1978 such that those 
rates shall not unduly discriminate against the qualifying cogeneration 
facility or qualifying small power production facility selling the 
electric energy or exceed the costs to produce and deliver the electric 
energy, as determined for the specific technology at issue.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

    Sec. 301.  The unexpended balances of prior 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. 302.  When the Department of Energy makes a user facility 
available to universities or other potential users, or seeks input from 
universities or other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the 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. 303.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for fiscal year 2012.
    Sec. 304. (a) Submission to Congress.--The Secretary of Energy 
shall submit to Congress each year, at the time that the President's 
budget is submitted to Congress that year under section 1105(a) of 
title 31, United States Code, a future-years energy program reflecting 
the estimated expenditures and proposed appropriations included in that 
budget. Any such future-years energy program shall cover the fiscal 
year with respect to which the budget is submitted and at least the 
four succeeding fiscal years. A future-years energy program shall be 
included in the fiscal year 2014 budget submission to Congress and 
every fiscal year thereafter.
    (b) Elements.--Each future-years energy program shall contain the 
following:
            (1) The estimated expenditures and proposed appropriations 
        necessary to support programs, projects, and activities of the 
        Secretary of Energy during the 5-fiscal year period covered by 
        the program, expressed in a level of detail comparable to that 
        contained in the budget submitted by the President to Congress 
        under section 1105 of title 31, United States Code.
            (2) The estimated expenditures and proposed appropriations 
        shaped by high-level, prioritized program and budgetary 
        guidance that is consistent with the administration's policies 
        and out year budget projections and reviewed by DOE's senior 
        leadership to ensure that the future-years energy program is 
        consistent and congruent with previously established program 
        and budgetary guidance.
            (3) A description of the anticipated workload requirements 
        for each DOE national laboratory during the 5-fiscal year 
        period.
    (c) Consistency in Budgeting.--
            (1) The Secretary of Energy shall ensure that amounts 
        described in subparagraph (A) of paragraph (2) for any fiscal 
        year are consistent with amounts described in subparagraph (B) 
        of paragraph (2) for that fiscal year.
            (2) Amounts referred to in paragraph (1) are the following:
                    (A) The amounts specified in program and budget 
                information submitted to Congress by the Secretary of 
                Energy in support of expenditure estimates and proposed 
                appropriations in the budget submitted to Congress by 
                the President under section 1105(a) of title 31, United 
                States Code, for any fiscal year, as shown in the 
                future-years energy program submitted pursuant to 
                subsection (a).
                    (B) The total amounts of estimated expenditures and 
                proposed appropriations necessary to support the 
                programs, projects, and activities of the 
                administration included pursuant to paragraph (5) of 
                section 1105(a) of such title in the budget submitted 
                to Congress under that section for any fiscal year.
    Sec. 305.  Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
16512) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                    ``(A) an appropriation for the cost of the 
                guarantee has been made;
                    ``(B) the Secretary has received from the borrower 
                a payment in full for the cost of the guarantee and 
                deposited the payment into the Treasury; or
                    ``(C) a combination of one or more appropriations 
                under subparagraph (A) and one or more payments from 
                the borrower under subparagraph (B) has been made that 
                is sufficient to cover the cost of the guarantee.''.
    Sec. 306.  Plant or construction projects for which amounts are 
made available under this and subsequent appropriation Acts with a 
current estimated cost of less than $10,000,000 are considered for 
purposes of section 4703 of Public Law 107-314 as a plant project for 
which the approved total estimated cost does not exceed the minor 
construction threshold and for purposes of section 4704 of Public Law 
107-314 as a construction project with a current estimated cost of less 
than a minor construction threshold.
    Sec. 307.  In section 839b(h)(10)(B) of title 16, United States 
Code, strike ``$1,000,000'' and insert ``$5,000,000.''

                              (rescission)

    Sec. 308.  None of the funds in this Act or any other Act shall be 
used to deposit funds in excess of $25,000,000 from any Federal 
royalties, rents, and bonuses derived from Federal onshore and off-
shore oil and gas leases issued under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 
et seq.) into the Ultra-Deepwater and Unconventional Natural Gas and 
Other Petroleum Research Fund.

                              (rescission)

    Sec. 309.  Of the amounts appropriated in this title, $73,700,000 
are hereby rescinded, to reflect savings from the contractor pay freeze 
instituted by the Department. The Department shall allocate the 
rescission among the appropriations made in this title.
    Sec. 310.  Recipients of grants awarded by the Department in excess 
of $1,000,000 shall certify that they will, by the end of the fiscal 
year, upgrade the efficiency of their facilities by replacing any 
lighting that does not meet or exceed the energy efficiency standard 
for incandescent light bulbs set forth in section 325 of the Energy 
Policy and Conservation Act (42 U.S.C. 6295).
    Sec. 311. (a) Any determination (including a determination made 
prior to the date of enactment of this Act) by the Secretary pursuant 
to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
335), as amended, that the sale or transfer of uranium will not have an 
adverse material impact on the domestic uranium mining, conversion, or 
enrichment industry shall be valid for not more than 2 calendar years 
subsequent to such determination.
    (b) Not less than 30 days prior to the transfer, sale, barter, 
distribution, or other provision of uranium in any form for the purpose 
of accelerating cleanup at a Federal site, the Secretary shall notify 
the House and Senate Committees on Appropriations of the following:
            (1) the amount of uranium to be transferred, sold, 
        bartered, distributed, or otherwise provided;
            (2) an estimate by the Secretary of the gross market value 
        of the uranium on the expected date of the transfer, sale, 
        barter, distribution, or other provision of the uranium;
            (3) the expected date of transfer, sale, barter, 
        distribution, or other provision of the uranium;
            (4) the recipient of the uranium; and
            (5) the value of the services the Secretary expects to 
        receive in exchange for the uranium, including any reductions 
        to the gross value of the uranium by the recipient.
    (c) Not later than June 30, 2012, the Secretary shall submit to the 
House and Senate Committees on Appropriations a revised excess uranium 
inventory management plan for fiscal years 2013 through 2018.
    (d) Not later than December 31, 2011 the Secretary shall submit to 
the House and Senate Committees on Appropriations a report evaluating 
the economic feasibility of re-enriching depleted uranium located at 
Federal sites.
    Sec. 312. (a) The Secretary of Energy may allow a third party, on a 
fee-for-service basis, to operate and maintain a metering station of 
the Strategic Petroleum Reserve that is underutilized (as defined in 
section 102-75.50 of title 41, Code of Federal Regulations (or 
successor regulations)) and related equipment.
    (b) Funds collected under subsection (a) shall be deposited in the 
general fund of the Treasury.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 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, 
$58,024,000, 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 September 30, 2013:  Provided, That within 90 
days of enactment of this Act the Defense Nuclear Facilities Safety 
Board shall enter into an agreement for fiscal year 2012 and hereafter 
with the Office of the Inspector General of either the Nuclear 
Regulatory Commission or the Department of Energy for inspector general 
services.

                        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, $9,925,000, 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, $9,077,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998:  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 by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,027,240,000, to 
remain available until expended:  Provided, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $899,726,000 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 $127,514,000.

                      office of inspector general

    For necessary expenses of the Office of the 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 Public Law 100-203, section 5051, $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, $1,000,000.

                  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, $1,275,000, 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, $213,000, to remain available until expended.

                           GENERAL PROVISIONS

    Sec. 401. (a) Definitions.--In this section:
            (1) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Commission.
            (2) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (3) Spent fuel pool.--The term ``spent fuel pool'' means an 
        underwater storage and cooling facility for spent (or depleted) 
        fuel assemblies that have been removed from a reactor.
    (b) As soon as practicable after the date of enactment of this Act, 
the Chairperson shall order licencees to, in accordance with the 
recommendations of the 90-day task force of the Commission, enhance 
spent fuel pools by:
            (1) providing sufficient safety-related instrumentation 
        that is able to withstand design-basis natural phenomena to 
        monitor key spent fuel pool parameters (such as water level, 
        temperature, and area radiation levels) from a control room;
            (2) providing safety-related, alternating-current 
        electrical power for the spent fuel pool makeup system;
            (3) providing onsite emergency electrical power for spent 
        fuel pools and instrumentation for cases in which there exists 
        irradiated fuel in a spent fuel pool, regardless of the 
        operational mode of the relevant reactor; and
            (4) installing a seismically qualified means to spray water 
        into spent fuel pools, including an easily accessible 
        connection to supply the water (such as using a portable pump 
        or pumper truck) at grade outside a relevant structure.
    Sec. 402.  Consistent with the findings of its 90 Day Task Force, 
the Nuclear Regulatory Commission shall order licensees to reevaluate 
the seismic, tsunami, flooding and other hazards at their sites as 
expeditiously as possible, and thereafter, at least once every 10 
years, and the Commission shall require licensees to demonstrate to the 
Commission that the design basis of structures, systems, and components 
for each operating reactor meet current NRC requirements and guidance 
with regard to these threats. The Commission shall require licensees to 
update the design basis of structures, systems, and components for each 
operating reactor, if necessary.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  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. 502.  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.

                                TITLE VI

                 ADDITIONAL FUNDING FOR DISASTER RELIEF

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'' 
for expenses resulting from a major disaster designation pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)), $890,177,300, to remain available until expended for 
repair of damages to Federal projects:  Provided, That the Assistant 
Secretary of the Army for Civil Works shall provide a monthly report to 
the Committees on Appropriations of the House of Representatives and 
the Senate detailing the allocation and obligation of these funds, 
beginning not later than 60 days after enactment of this Act:  Provided 
further, That the amount in this paragraph is designated by Congress as 
being for disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
expenses resulting from a major disaster designation pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)) to dredge navigation channels and repair damage to 
Corps projects nationwide, $88,003,700, to remain available until 
expended:  Provided, That the Assistant Secretary of the Army for Civil 
Works shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds, beginning not later than 
60 days after enactment of this Act:  Provided further, That the amount 
in this paragraph is designated by Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', for expenses resulting from a major disaster designation 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122(2)) as authorized by section 5 of the 
Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses to 
prepare for flood, hurricane and other natural disasters and support 
emergency operations, repair and other activities in response to recent 
natural disasters as authorized by law, $66,387,000, to remain 
available until expended:  Provided, That the Assistant Secretary of 
the Army for Civil Works shall provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, 
beginning not later than 60 days after enactment of this Act:  Provided 
further, That the amount in this paragraph is designated by Congress as 
being for disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2012''.
                                                       Calendar No. 157

112th CONGRESS

  1st Session

                               H. R. 2354

                          [Report No. 112-75]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             July 18, 2011

  Received; read twice and referred to the Committee on Appropriations

                           September 7, 2011

                       Reported with an amendment