H.R.5325 - Energy and Water Development and Related Agencies Appropriations Act, 2013112th Congress (2011-2012)
Summary: H.R.5325 — 112th Congress (2011-2012)
Passed House amended (06/06/2012)
Energy and Water Development and Related Agencies Appropriations Act, 2013 - Makes appropriations for energy and water development and related agencies for FY2013.
Title I: Corps Of Engineers - Civil - Department of the Army - Appropriates funds to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to river and harbor, 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) create, initiate, or eliminate a new program, project, or activity; (2) eliminate an existing program, project or activity; (3) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act; (4) reduce funds directed for use for a specific program, project or activity; (5) increase or reduce funds by more than $2 million or 10%, whichever is less.
(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 report of 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 specified sums to the Fish and Wildlife Service to mitigate for fisheries lost because of Corps of Engineers projects.
(Sec. 107) Prohibits the availability of funds for use by the Chicago District of the United States Army Corps of Engineers to fund any travel outside the District's area of operation unless such travel is directly project-related or is specifically requested by a Member of Congress.
(Sec. 108) Prohibits more than 50% of funds for Olmsted Locks and Dam, Ohio River, Illinois and Kentucky, from being made available for obligation until the Corps of Engineers reports to certain congressional committees on a project review, including a plan for expeditious completion of the project.
(Sec. 109) Prohibits use of certain funds made available for investigations, construction, and operation and maintenance accounts of the Corps of Engineers until a specified report is submitted.
(Sec. 110) Prohibits the use of funds by the Corps of Engineers to develop, adopt, implement, administer, or enforce a change or supplement to a specified rule or certain guidance documents pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act.
(Sec. 111) Prohibits the Secretary of the Army from either promulgating or enforcing any prohibition against individual possession of a firearm at a water resources development project if: (1) the individual is not otherwise prohibited by law from possessing the firearm, and (2) possession of the firearm is in compliance with the law of the state in which the water resources development project is located.
Title II: Department Of The Interior - Makes appropriations for FY2013 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; or (4) restart or resume any program, project, or activity for which funds are not provided in this Act unless prior approval is received from certain congressional committees.
Prohibits funds for any reprogramming that transfers funds in excess of: (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year.
Extends the same prohibition for any reprogramming that transfers more than $5 million: (1) 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) 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.
Title III: Department Of Energy - Makes appropriations for FY2013 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) the Elk Hills School Lands Fund, the Strategic Petroleum Reserve (SPR), 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) defense environmental cleanup, and (22) other defense activities.
Approves expenditures from the Bonneville Power Administration Fund for construction activities involving a high voltage line from Bonneville's high voltage system to the service areas of requirements customers located within Bonneville's service area in southern Idaho, southern Montana, and western Wyoming. Permits extension and interconnection of such line to specified areas in the Pacific Northwest and Pacific Southwest, and for John Day Reprogramming and Construction, the Columbia River Basin White Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success Evaluation Research.
Prohibits new direct loan obligations from such Fund during FY2013.
Makes FY2013 appropriations for operation and maintenance of: (1) the Southeastern Power Administration, (2) the Southwestern Power Administration, (3) the Western Area Power Administration, including construction and rehabilitation, (4) the Falcon and Amistad Operating and Maintenance Fund, (5) the Federal Energy Regulatory Commission (FERC), and (6) specified DOE activities.
(Sec. 301) Prohibits the use of any funds or authority made available for DOE under this Act to initiate or resume any program, project, or activity, or to prepare or initiate Requests For Proposals or similar arrangements for a program, project, or activity which has not been funded by Congress.
Prohibits DOE from entering into certain multi-year transactions under DOE-Energy Programs unless such transactions are funded for the full period of performance as anticipated at the time of award, or a transaction conditions the federal obligation upon the availability of future-year budget authority and DOE notifies certain congressional committees at least 14 days in advance.
Authorizes the reprogramming of funds for any program, project, or activity. Requires DOE to notify certain congressional committees at least 30 days before the use of any proposed reprogramming which would cause a program, project, or activity funding level to increase or decrease by more than $5 million or 10%, whichever is less.
Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) 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 denied or restricted by this Act; or (3) reduce funds directed to be used for a specific program, project, or activity by this Act.
Authorizes the Secretary of Energy to waive a requirement or restriction that applies to the use of funds made available for DOE if compliance would pose substantial risk to human health, the environment, welfare, or national security. Instructs the Secretary to notify congressional Committees on Appropriations of any such waiver within three days after the activity to which a requirement or restriction would otherwise have applied.
(Sec. 302) Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for activities in this Act.
(Sec. 303) Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2013 until the enactment of the Intelligence Authorization Act for FY2013.
(Sec. 304) Prohibits the use of funds to: (1) construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure compliance with nuclear safety requirements; or (2) approve a Critical Decision-2 or Critical Decision-3 under a specified DOE Order for construction projects where the total project cost exceeds $100 million, until a separate independent cost estimate has been developed.
(Sec. 306) Prohibits the use of funds made available in this Act to make a grant allocation, discretionary grant award, discretionary contract award, or other transaction agreement, or to issue a letter of intent in excess of $1 million, or to announce publicly the intention to make such an allocation, award, or Agreement, including a contract covered by the Federal Acquisition Regulation, unless the Secretary of Energy notifies certain congressional committees at least five full business days in advance.
(Sec. 307). Prohibits the use of funds made available by this Act to pay the salaries of DOE employees to implement the American Recovery and Reinvestment Act of 2009 with respect to the Weatherization Assistance Program.
(Sec. 309) Instructs DOE to submit to certain congressional committees a specified tritium and enriched uranium management plan. Prohibits the use of funds made available in this Act for uranium transactions that do not conform to the excess uranium inventory management plan submitted pursuant to the Consolidated Appropriations Act, 2012.
(Sec. 311) Prohibits expenditure of funds under this Act to promulgate or implement a final rule regarding energy efficiency performance standards for federal buildings.
(Sec. 312) Prohibits DOE from using funds available under either this Act or the Bonneville Power Administration Fund for any new program, project, or activity required by or otherwise proposed in the memorandum from Steven Chu, Secretary of Energy, to the Power Marketing Administrators with the subject line "Power Marketing Administrations' Role," dated March 16, 2012.
Title IV: Independent Agencies - Makes FY2013 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Northern Border Regional Commission; (6) the Southeast Crescent Regional Commission; (7) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (8) the Nuclear Waste Technical Review Board; and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
(Sec. 401) Prohibits the use of funds made available for NRC salaries and expenses for obligation or expenditure through a reprogramming of funds that would: (1) increase funds or personnel for any program, project, or activity denied or restricted by this Act; or (2) reduce funds directed by this Act to be used for a specific program, project, or activity.
Prohibits the Chairman of the NRC from terminating any project, program, or activity without the approval of a majority vote of the NRC Commissioners.
(Sec. 402) Requires the Chairman of the NRC to notify the congressional appropriations committees not later than one day after the Chairman begins performing specified functions under the Reorganization Plan No. 1 of 1980, or after a member of the NRC who was delegated emergency functions under that Plan begins performing those functions, including an explanation of the circumstances warranting the exercise of such authority.
Title V: General Provisions - (Sec. 503) Prohibits the use of funds for any new hires by a federal agency funded in this Act that is not verified through the E-Verify Program described in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(Sec. 504) Prohibits the use of funds 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 of a federal felony criminal violation within the preceding 24 months (including a corporate officer or agent acting on the corporation's behalf), where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or the officer or agent, and determined that this further action is not necessary to protect government interests.
(Sec. 505) Extends the same prohibition to any corporation that has 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, where the awarding agency is aware of the unpaid tax liability, unless it has considered suspension or debarment of the corporation and determined that this further action is not necessary.
(Sec. 506) Prohibits the use of funds to: (1) contravene Executive Order No. 12898 of February 11, 1994 ("Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations"), or (2) pay for mitigation associated with the removal of FERC Project number 2342 (Condit Hydroelectric Project Decommissioning, White Salmon, Washington).
(Sec. 508) Prohibits the use of funds: (1) to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain (Nevada) geologic repository license application; or (2) for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future.
(Sec. 509) Sets $0.00 (increased by $25 million) as the amount by which the applicable allocation of new budget authority made by the House Committee on Appropriations exceeds the amount of proposed new budget authority under the Congressional Budget Act of 1974.
(Sec. 510) Prohibits the use of funds to: (1) to plan for termination of periodic nourishment for a specified water resource development project; (2) reintroduce California Central Valley Spring Run Chinook salmon in the San Joaquin River below Friant Dam; (3) provide specified new loan guarantees or loan guarantee commitments as incentives for innovative technologies; (4) use DOE Energy Programs, Science funds in contravention of the Department of Energy Organization Act; (5) require DOE grant recipients to replace lighting that does not meet or exceed a specified energy efficiency standard; or (6) develop or submit a proposal to expand certain authorized uses of the Harbor Maintenance Trust Fund.
(Sec. 516) Prohibits the use of funds available under this Act to fund any portion of the International program activities at the DOE Office of Energy Efficiency and Renewable Energy (with the exception of specified activities).
(Sec. 517) Prohibits the use of funds available under this Act to implement or enforce: (1) specified regulations governing energy conservation standards for general service incandescent lamps, intermediate base incandescent lamps, and candelabra base incandescent lamps; or (2) certain standards governing BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.
(Sec. 518) Prohibits the use of funds available under this Act to continue the Army Corps of Engineers study of the Missouri River and its tributaries to mitigate losses of aquatic and terrestrial habitat, recover federally listed species under the Endangered Species Act, and restore the ecosystem to prevent further declines among other native species.(Sec. 519) Prohibits the use by DOE or any other federal agency of funds available under this Act 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.
(Sec. 520) Prohibits the use of funds made available under this Act for the Title 17 Innovative Technology Loan Guarantee Program to issue or administer new DOE loan guarantees for certain renewable energy systems, electric power transmission systems, or leading edge biofuel projects.
(Sec. 521) Limits to $50 million funds made available under this Act for use by the Army Corps of Engineers for the Missouri River Recovery Program.(Sec. 522) Prohibits the use of funds available under this Act to implement or enforce the "Modified Charleston Method" within Louisiana borders by either the Mississippi Valley Division or the Southwestern Division of the Army Corps of Engineers or any district of the Corps within such divisions.
(Sec. 523) Prohibits the use of funds available under this Act to develop and conduct a DOE national media campaign.
(Sec. 524) Prohibits the use of funds made available under this Act for ARPA-E for unallowable costs related to advertising or promoting the sale of products or services, or for unallowable expenditures related to raising capital, in contravention of specified regulatory requirements.
(Sec. 525) Prohibits the use of funds made available under this Act to: (1) enforce specified consumer product and energy conservation regulations regarding showerheads, or (2) finalize, implement, or enforce a proposed rule entitled "Energy Conservation Program: Energy Conservation Standards for Battery Chargers and External Power Supplies" regarding product class 7 (certain high-energy battery chargers).
(Sec. 527) Prohibits the use of funds available under this Act to enforce certain requirements to enforce reuirements under the Energy Independence and Security Act of 2007 for procurement and acquisition of alternative fuels that restrict associated lifecycle greenhouse gas emissions.
(Sec. 528) Prohibits DOE use of funds made available under this Act to: (1) fund the Wind Powering America Initiative, or (2) subordinate any loan obligation to other financing in violation of specified law, or subordinate any Guaranteed Obligation to debt obligations in violation of specified regulations.
(Sec. 530) Prohibits funds made available under this Act to: (1) conduct a survey in which money is included or provided for the benefit of the responder, or (2) study specified Missouri River Projects authorized in the Energy and Water Development and Related Agencies Appropriations Act, 2009.