H.R.2354 - Energy and Water Development and Related Agencies Appropriations Act, 2012112th Congress (2011-2012)
Summary: H.R.2354 — 112th Congress (2011-2012)
Reported to Senate amended (09/07/2011)
Energy and Water Development and Related Agencies Appropriations Act, 2012 - Makes appropriations for energy and water development and related agencies for FY2012.
Title I: Corps Of Engineers - Civil - Appropriates funds to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and (5) the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101) Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) either create, initiate, or eliminate a new program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from the House and Senate Committees on Appropriations; (3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such Committees; or (4) increase or reduce funds for any existing program, project, or activity in excess of specified amounts without prior approval from such Committees.
Permits reprogramming under specified conditions for: (1) general investigations, (2) general construction, and (3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program).
Discourages submission to the congressional committees on appropriations of any reprogramming for less than $50,000 (de minimus reprogrammings).
Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program.
Directs the Corps of Engineers to report to the congressional appropriations committees to establish a baseline for application of reprogramming and transfer authorities for the current fiscal year.
(Sec. 102) Prohibits the use of funds to to implement any pending or future competitive sourcing actions under OMB Circular A-76 (establishing federal policy for the competition of commercial activities) or High Performing Organizations.
(Sec. 103) Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986.
(Sec. 104) Directs the Assistant Secretary of the Army for Civil Works to submit to certain congressional committees the Chief of Engineers Report on a water resource matter.
(Sec. 105) Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin.
(Sec. 106) Authorizes the Secretary to transfer to the Corps of Engineers-Civil--Construction specified funds provided for: (1) reinforcing or replacing flood walls, and (2) the West Bank and Vicinity and Lake Ponchartrain and Vicinity projects.
(Sec. 107) Authorizes the Secretary to permit an Armed Forces member and employees of the Department of the Army to serve without compensation as directors, officers, 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) Authorizes the Secretary to use the Revolving Fund through the Plant Replacement and Improvement Program 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.
(Sec. 109) Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost because of Corps of Engineers projects.
(Sec. 110) Directs the Secretary, acting through the Chief of Engineers, to: (1) fully utilize the federal dredging fleet in support of all Army Corps of Engineers missions, (2) maintain that fleet to technologically modern and efficient standards, and (3) use funds from the revolving fund to undertake expeditiously necessary health and safety improvements to the dredge "McFarland," including lead and asbestos abatement.
(Sec. 113) Extinguishes certain deed restrictions described in Auditor's instrument No. 2006-014428 of Benton County, Washington.
(Sec. 114) Terminates authorization for a certain cut-stone breakwater portion of the project for navigation, Block Island Harbor of Refuge, Rhode Island.
(Sec. 115) Authorizes the Secretary, acting through the Chief of Engineers, to construct: (1) a Consolidated Infrastructure Research Equipment Facility, (2) an Environmental Processes and Risk Lab, (3) a Hydraulic Research Facility, (4) an Engineer Research and Development Center headquarters building, and (5) a Modular Hydraulic Flume building.
Authorizes the Secretary 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.
(Sec, 116) Amends the Water Resources Development Act of 1986 to authorize the Secretary to transfer by quitclaim deed certain land in the Passaic River Basin, New Jersey, to the non-federal sponsor.
(Sec. 117) Requires 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, to 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.
(Sec. 118) Rescinds the authorization for a specified portion of the project for navigation, Newport Harbor, Rhode Island.
Recharacterizes a specified area as an eighteen-foot channel and turning basin.
Title II: Department Of The Interior - Makes appropriations for FY2012 to the Department of the Interior for: (1) the Central Utah Project; and (2) the Bureau of Reclamation, including for water and related natural resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and administrative expenses in the Office of the Commissioner (the Denver office), and offices in the five regions of the Bureau of Reclamation.
(Sec. 201) Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) create or initiate a new program, project, or activity; (2) eliminate an existing program, project, or activity; (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or (4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such committees.
Prohibits funds without prior approval from such committees for any reprogramming that transfers funds in excess of: (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year.
Extends the same prohibition without prior approval from such committees for any reprogramming that transfers more than: (1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or (2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments when necessary to discharge legal obligations of the Bureau of Reclamation.
(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA), to minimize any detrimental effect of the San Luis drainage waters.
Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans.
Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies.
(Sec. 203) Increases to $30 million the authorization of appropriations for the Las Vegas Wash wetlands restoration and Lake Mead improvement project (Nevada).
(Sec. 204) Amends the Water Desalination Act of 1996 to extend through FY2016 the authorization of appropriations for desalination research, demonstration, and development.
(Sec. 205) Amends the Farm Security and Rural Investment Act of 2002 with respect to funds authorized for lease of water and purchase of land, appurtenant water, and related interests for the benefit of at-risk natural desert terminal lakes and associated riparian and watershed resources. Repeals the restriction of such authority to the Walker River and Walker River Basin (Nevada).
Amends the Energy and Water Development and Related Agencies Appropriations Act, 2010 to authorize the local nonprofit entity exercising water rights for the Walker Basin Restoration Program to manage land, appurtenant water, related interests for the Program as well.
(Sec. 206) Requires that federal policy addressing California water supply and environmental issues related to the Bay-Delta be consistent with state law.
Directs the Secretary of the Interior, the Secretary of Commerce, the Army Corps of Engineers, and the EPA Administrator to coordinate their efforts jointly and work with the state of California to issue the Bay Delta Conservation Plan Final Environmental Impact Statement by February 15, 2013.
(Sec. 207) Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for: (1) the storage of Central Valley Project water supplies, (2) the purchase of stored water, (3) the purchase of shares or an interest in ground banking facilities, or (4) the use of Central Valley Project water as a medium of payment for groundwater banking services.
(Sec. 208) Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992.
Directs 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 (Commissioner), to complete programmatic environmental compliance in order to facilitate voluntary water transfers within the Central Valley Project.
Instructs the Commissioner to report to certain congressional committees regarding efforts to facilitate and improve water transfers: (1) within the Central Valley Project, and (2) between the Central Valley Project and other water projects in the State of California.
(Sec. 209) Amends the San Joaquin River Restoration Settlement Act to move up from October 1, 2019, to October 1, 2014, the date when all funds in the San Joaquin River Restoration Fund shall be available for expenditure on an annual basis not to exceed $40 million without further appropriation.
Title III: Department Of Energy - Makes appropriations for FY2012 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) the Strategic Petroleum Reserve (SPR) as well as the SPR Petroleum Account and the Northeast Home Heating Oil Reserve, (7) the Energy Information Administration, (8) non-defense environmental cleanup, (9) the Uranium Enrichment Decontamination and Decommissioning Fund, (10) science activities, (11) nuclear waste disposal, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the Administrator in the National Nuclear Security Administration, (21) atomic energy defense environmental cleanup, and (22) other defense activities.
Approves expenditures from the Bonneville Power Administration Fund for: (1) the Kootenai River Native Fish Conservation Aquaculture Program, (2) the Lolo Creek Permanent Weir Facility, and (3) Improving Anadromous Fish production on the Warm Springs Reservation. Prohibits any new direct loan obligations from being made from such Fund during FY2012.
Makes FY2012 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration, including construction and rehabilitation, (4) the Falcon and Amistad Operating and Maintenance Fund; (5) the Federal Energy Regulatory Commission (FERC); and (6) specified DOE activities.
(Sec. 301) Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for activities in this Act.
(Sec. 302) Requires DOE to ensure broad public notice when it makes a user facility available or when it seeks input from potential users regarding significant characteristics or equipment in a user facility.
(Sec. 303) Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2012 until the enactment of the Intelligence Authorization Act for Fiscal Year 2012.
(Sec. 304) Directs DOE to submit annually to Congress a future-years energy program that reflects the estimated expenditures and proposed appropriations included in the President's annual budget. Requires a future-years energy program to be included in the FY2014 budget submitted to Congress and every fiscal year thereafter.
(Sec. 305) Amends the Energy Policy Act of 2005 to modify the terms and conditions governing DOE loan guarantees for innovative technologies to allow as one alternative condition that a combination of one or more appropriations and one or more payments from the borrower has been made that is sufficient to cover the cost of the guarantee.
(Sec. 306) Considers plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with an estimated cost of less than $10 million to be for certain purposes: (1) a plant project for which the approved total estimated cost does not exceed the minor construction threshold; and (2) a construction project with an estimated cost of less than a minor construction threshold.
(Sec. 307) Increases from $1 million to $5 million the minimum estimated construction cost of capital facilities for which the Administrator of the Bonneville Power Administration is authorized to make expenditures from Bonneville Power Administration fund.
(Sec. 308) Prohibits the use of funds to deposit into the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund more than $25 million from any federal royalties, rents, and bonuses derived from federal onshore and off-shore oil and gas leases.
(Sec. 309) Rescinds $73.7 million of appropriations to DOE under this Act to reflect savings from the DOE contractor pay freeze.
(Sec. 310) Requires recipients of DOE grants in excess of $1 million to certify that they will, by the end of the fiscal year, upgrade the efficiency of their facilities by replacing lighting that does not meet or exceed certain energy efficiency standards for incandescent light bulbs.
(Sec. 311) Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry.
Requires DOE to report to the congressional appropriations committees 30 days before the transfer, sale, barter, distribution, or other provision of uranium to accelerate cleanup at a federal site: (1) the amount of uranium involved, (2) an estimate of its gross market value on the transaction date, (3) the value of the services DOE expects to receive in exchange for the uranium, and (4) the recipient of the uranium.
Requires DOE to report to congressional committees on appropriations regarding: (1) a revised excess uranium inventory management plan for FY2013-FY2018; and (2) the economic feasibility of re-enriching depleted uranium located at federal sites.
(Sec. 312) Authorizes DOE to allow a third party, on a fee-for-service basis, to operate and maintain an underutilized metering station and related equipment of the Strategic Petroleum Reserve (SPR).
Title IV: Independent Agencies - Makes FY2012 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (6) the Nuclear Waste Technical Review Board; (7) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects; (8) Northern Border Regional Commission; and (9) the Southeast Crescent Regional Commission.
(Sec. 401) Directs the NRC Chairperson to require licencees, in accordance with specified recommendations, to: (1) enhance spent fuel pools; (2) reevaluate the seismic, tsunami, flooding and other hazards at their sites at least once every 10 years; (3) demonstrate that the design basis of structures, systems, and components for each operating reactor meets NRC requirements; and (4) update where necessary the design basis of structures, systems, and components for each operating reactor.
Title V: General Provisions - (Sec. 501) Prohibits the use of funds appropriated by this Act to influence congressional action on legislation or appropriation pending before Congress.
Title VI: Additional Funding for Disaster Relief - Appropriates additional amounts to the Corps of Engineers-Civil for: (1) the Mississippi River and Tributaries to repair damages to federal projects resulting from a major disaster designation; (2) operation and maintenance to dredge navigation channels and repair damage to Corps projects nationwide; and (3) flood control and coastal emergencies preparation, emergency operations support, and other responses to recent natural disasters.