(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2013 - Makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2013.
Title I: Department of the Interior - Makes appropriations for FY2013 to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) land acquisition; (3) Oregon and California grant lands; (4) range improvements; (5) service charges, deposits, and forfeitures with respect to public lands; and (6) miscellaneous trust funds.
Appropriates funds for FY2013 to the U.S. Fish and Wildlife Service (USFWS) for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to state conservation programs under the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) expenses related to carrying out the Neotropical Migratory Bird Conservation Act; (8) expenses related to carrying out, through the Multinational Species Conservation Fund, the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, the Great Ape Conservation Act of 2000, and the Marine Turtle Conservation Act of 2004; and (9) wildlife conservation grants to states, the District of Columbia, U.S. territories, and Indian tribes.
Makes appropriations for FY2013 to the National Park Service (NPS) (including transfer of funds) for: (1) the National Park System, (2) expenses for national recreation and preservation programs, (3) expenses related to carrying out the National Historic Preservation Act, (4) construction, and (5) land acquisition and state assistance from the Land and Water Conservation Fund.
Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY2013.
Makes appropriations for FY2013 to: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Bureau of Ocean Energy Management for ocean energy management (including expenses related to promoting volunteer beach and marine cleanup activities); (3) the Bureau of Safety and Environmental Enforcement for offshore safety and environmental enforcement and oil spill research; (4) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (5) the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) for operation of Indian programs, (including transfer of funds), construction (including transfer of funds), Indian land and water claim settlements and miscellaneous payments to Indians, and for Indian guaranteed loans; (6) the Office of the Secretary for departmental offices; (7) provide assistance to U.S. territories (including transfer of funds) and to carry out the Compacts of Free Association with respect to the Marshall Islands, Palau, and Micronesia; (8) the Office of the Solicitor; (9) the Office of Inspector General; (10) provide for the operation of trust programs for Indians (including transfers of funds); (11) wildland fire management, including for wildfire suppression to support federal emergency response actions (including transfers of funds); (12) the FLAME Wildfire Suppression Reserve Fund for necessary expenses for large fire suppression operations and as a reserve fund for suppression and federal emergency response activities (including a transfer of funds); (13) the Central Hazardous Materials Fund for expenses of the Department of the Interior and its component offices and bureaus for response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); and (14) the Department of the Interior for natural resource damage assessment and restoration.
Declares that, for FY2013, not less than 50% of the inspection fees collected by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the development, subject to environmental safeguards, of the Outer Continental Shelf (OCS) pursuant to the Outer Continental Shelf Lands Act, including the review of applications for permits to drill.
Authorizes the use of funds under title IV of P.L. 95-87 (Surface Mining Control and Reclamation Act of 1977) for any required non-federal share of the cost of projects funded by the federal government for the purpose of environmental restoration related to the treatment or abatement of acid mine drainage from abandoned mines. States that such projects must be consistent with such Act's purposes and priorities.
Makes funds appropriated under the heading Wildland Fire Management made available for assistance to or through the Department of State in connection with forest and rangeland assistance in foreign countries available to support forestry, wildland fire management, and related natural resource activities outside of the United States and U.S. territories and possessions.
Sets forth authorized and prohibited uses of specified funds.
Authorizes appropriations to the Department of the Interior for: (1) remedial actions under CERCLA; and (2) natural resource damage assessment and restoration activities to carry out CERCLA activities, the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the Oil Pollution Act of 1990, and provisions concerning managing certain National Park System resources.
(Sec. 106) Directs the Secretary of the Interior, in in FY2013, to collect a nonrefundable inspection fee from operators of facilities subject to inspection under the Outer Continental Shelf Lands Act. Requires such fee to be deposited in the Offshore Safety and Environmental Enforcement account.
Requires annual fees to be collected, as prescribed by this section, for facilities that are above the waterline, excluding drilling rigs, and that are in place at the start of FY2013.
Requires fees for drilling rigs to be assessed, as prescribed by this section, for all inspections completed in FY2013.
(Sec. 107) Grants the Secretary of the Interior the authority to implement an oil and gas leasing Internet program, under which lease sales may be conducted through methods other than oral bidding.
(Sec. 108) Authorizes the Secretary of the Interior, in order to implement a reorganization of the BOEMRE, to establish accounts and transfer funds among and between its successor offices and bureaus affected by such reorganization only in conformance with the reprogramming guidelines in the report accompanying this Act.
(Sec. 109) Requires, beginning July 1, 2008, any funds (except for construction funds) held by a P.L. 100-297 tribally controlled grant school or a P.L. 93-638 tribally controlled contract school, upon retrocession to or re-assumption by the BIE, to remain available for a five-year period for the benefit of the programs approved for such a school on October 1, 1995.
(Sec. 110) Authorizes the Secretary of the Interior to enter into certain multiyear cooperative agreements with nonprofits and other appropriate entities, and certain multiyear contracts for the long-term care and maintenance of excess wild free roaming horses and burros by nonprofits and other appropriate entities on private lands. Limits such an agreement or contract to ten years, subject to renewal at the discretion of the Secretary.
(Sec. 111) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or financed hatcheries.
(Sec. 112)
Permits consideration of an issue in the judicial review of such decision only if such issue was raised in such administrative review process.
(Sec. 113) Prohibits, during FY2013-FY2014, the trailing of livestock across public lands and the implementation of trailing practices by the BLM from being subject to review under the National Environmental Policy Act of 1969 (NEPA). Prohibits trailing or crossing authorizations across public lands from being subject to protest or appeal under specified federal regulations.
(Sec. 114) Prohibits funds under this Act, or any other Act, from being used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010, relating to the protection of wilderness characteristics on public lands under the management of the BLM.
(Sec. 115) Amends the Omnibus Budget Reconciliation Act of 1993 to require the holders of unpatented lode mining claims, mill sites, or tunnel sites located pursuant to U.S. mining laws before August 10, 1993, to annually pay to the Secretary of the Interior a claim maintenance fee of $100 per claim or site.
(Sec. 116) Amends the Indian Law Enforcement Reform Act to extend by one year the deadline for when the Indian Law and Order Commission must report to the President and Congress on the findings, conclusions, and recommendations of the Commission concerning a comprehensive study of law enforcement and criminal justice in tribal communities.
(Sec. 117) Directs the Secretary of the Interior, before the end of a 60-day period beginning on enactment of this Act, to issue a final rule pertaining to the proposed rule by the USFWS published on October 5, 2011, with respect to the removal of the gray wolf in Wyoming from the federal list of endangered and threatened wildlife and the removal of Wyoming's wolf population as an experimental population.
(Sec. 118) Extends, through FY2014, the authority of the Secretary of the Interior to make grants or provide assistance for the: (1) National Coal Heritage Area, (2) Tennessee Civil War Heritage Area, (3) Augusta Canal National Heritage Area, (4) Steel Industry Heritage Project, (5) Essex National Heritage Area, (6) South Carolina National Heritage Corridor, (7) America's Agricultural Heritage Partnership, (8) Ohio & Erie Canal National Heritage Corridor, and (9) Hudson River Valley National Heritage Area.
Extends the John H. Chafee Blackstone River Valley National Heritage Corridor Commission through FY2020.
Amends the Delaware and Lehigh Navigation Canal Heritage Corridor Act of 1988 to: (1) extend through FY2014 the authorization of appropriations for the management action plan respecting the Delaware and Lehigh National Heritage Corridor in Pennsylvania, and (2) extend the authority of the Secretary to provide financial assistance for the Corridor through FY2014.
Amends the Lackawanna Valley National Heritage Area Act of 2000 to extend, through FY2014, the authority of the Secretary to provide grants or other assistance for the Lackawanna Valley National Heritage Area in Pennsylvania.
(Sec. 119) Allows, for FY2013-FY2014, the use of funds under this title for the BLM and the BIA by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior to carry out the inspection and regulation of onshore oil and gas operations on public lands in the Petroleum Engineer and the Petroleum Engineering Technician job series at rates no greater than 25% above the minimum rates of basic pay normally scheduled.
Title II: Environmental Protection Agency - Makes appropriations for FY2013 to the Environmental Protection Agency (EPA) for: (1) science and technology; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) carrying out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Leaking Underground Storage Tank Trust Fund Program, and EPA's responsibilities under the Oil Pollution Act of 1990 concerning inland oil spill programs; and (6) state and tribal assistance grants for environmental programs and infrastructure assistance, including capitalization grants for state revolving funds and performance partnership grants.
Authorizes the EPA Administrator: (1) in carrying out EPA's function to implement directly federal environmental programs in the absence of an acceptable tribal program, to award cooperative agreements to federally recognized Indian tribes or intertribal consortia to assist the Administrator in implementing such programs, except that no such cooperative agreements may be awarded from funds designated for state financial assistance agreements; (2) to collect and obligate pesticide registration service fees in accordance with the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA); and (3) to transfer specified funds appropriated for the Great Lakes Initiative to any federal department or agency for activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities and make grants to specified entities for planning, research, monitoring, outreach, and implementation to further the Initiative and the Agreement.
Rescinds a specified amount from unobligated balances available to carry out projects and activities funded through the State and Tribal Assistance Grants account.
Makes the Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program accounts available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed a specified amount per project.
Authorizes the Administrator to employ up to 50 (currently 30) persons at any one time in the Office of Research and Development under the authority to make Regular Corps and a Ready Reserve Corps appointments.
Title III: Related Agencies - Makes appropriations for FY2013 to the Department of Agriculture (USDA) for the Forest Service for: (1) forest and rangeland research; (2) state and private forestry; (3) the National Forest System; (4) expenses of the Forest Service for capital improvement and maintenance and maintenance of forest roads and trails (including transfer of funds); (5) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (6) range rehabilitation, protection, and improvement; (7) gifts, donations, and bequests for forest and rangeland research; (8) federal land management in Alaska; (9) wildland fire management (including transfers of funds); and (10) the FLAME Wildfire Suppression Reserve Fund (including transfers of funds).
Makes appropriations for FY2013 to the Department of Health and Human Services (HHS) for: (1) the Indian Health Service (IHS) and Indian health facilities, and (2) the National Institutes of Health (NIH) for the National Institute of Environmental Health Sciences and the Agency for Toxic Substances and Disease Registry.
Makes appropriations for FY2013 in specified amounts for various purposes to the: (1) Executive Office of the President; (2) Chemical Safety and Hazard Investigation Board; (3) Office of Navajo and Hopi Indian Relocation; (4) Institute of American Indian and Alaska Native Culture and Arts Development; (5) Smithsonian Institution, including for the National Museum of African American History and Culture; (6) National Gallery of Art; (7) John F. Kennedy Center for the Performing Arts; (8) Woodrow Wilson International Center for Scholars; (9) National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (10) Commission of Fine Arts; (11) Advisory Council on Historic Preservation; (12) National Capital Planning Commission; and (13) U.S. Holocaust Memorial Museum.
Title IV: General Provisions - Sets forth limitations on the use of funds under this Act.
(Sec. 404) Requires: (1) estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities, and subactivities to support governmentwide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations to be presented in annual budget justifications and subject to approval by the House and Senate Committees on Appropriations; and (2) changes to such estimates to be presented to such Committees for approval.
(Sec. 405) Prohibits funds from being used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or BLM lands in a manner different than such sales were conducted in FY2012.
(Sec. 406) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim, subject to exception. Requires a report.
(Sec. 407) Regulates contract support costs.
(Sec. 409) Prohibits funds provided in this Act from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument as such boundary existed on January 20, 2001, except where such activities are allowed under the presidential proclamation establishing the monument.
(Sec. 410) Prohibits unless otherwise provided in this Act, any funds appropriated in this Act for the acquisition of lands or interests in lands from being spent for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations. Makes such provision inapplicable to funds appropriated for the implementation of the Everglades National Park Protection and Expansion Act of 1989 or to funds appropriated for federal assistance to Florida for the acquisition of lands for Everglades restoration.
(Sec. 411) Regulates specified Alaskan timber sales.
(Sec. 412) Makes permanent after FY2013 the terms and conditions of provisions of the Department of the Interior and Related Agencies Appropriations Act, 2004 regarding the renewal of certain National Forest System lands grazing permits at the Department of the Interior and the Forest Service that have expired or were transferred or waived during FY2004-FY2008.
(Sec. 413) Prohibits any funds appropriated or otherwise made available by this Act to executive agencies from being used to enter into a federal contract unless the contract is entered into in accordance with provisions and regulations relating to civilian and military contracts, except when: (1) federal law specifically authorizes a contract to be entered into without regard to such provisions and regulations, including formula grants for states or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act or by any other federal laws that specifically authorize a contract within a tribe; or (3) the contract was awarded prior to this Act's enactment.
(Sec. 414) Requires agencies receiving funds in this Act to post on their public websites any report required to be submitted by Congress in this or any other Act if it serves the national interest. Makes such requirement inapplicable to a report if the public posting of such report compromises national security or the report contains proprietary information.
(Sec. 418) Directs the Department of the Interior, EPA, Forest Service, and IHS to provide the House and Senate Committees on Appropriations with quarterly reports on the status of the balances of their separate appropriations.
(Sec. 419) Directs the President to submit a comprehensive report to the House and Senate Committees on Appropriations detailing all federal agency funding for climate change programs, projects, and activities in FY2012, including: (1) an accounting of funding identifying climate change programs, projects and activities and associated costs; and (2) citations and linkages to each strategic plan that is driving funding within each program, project, and activity.
(Sec. 420) Prohibits funds in this Act or any other Act from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
(Sec. 421) Prohibits the use of any funds in this or any other Act to implement any provision in a rule if such provision requires mandatory reporting of greenhouse gas emissions from manure management systems.
(Sec. 422) Amends the CWA to prohibit the Administrator of the EPA from requiring a permit for, or requiring any state to require a permit for, discharges of stormwater runoff from roads, the construction, use, or maintenance of which are associated with silvicultural activities, or from other such activities involving nursery operations, site preparation, reforestation, and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, or surface drainage.
(Sec. 423) Instructs the Secretary of the Interior, before the end of the 60-year period beginning on the Act's enactment, to reissue the final rule published in the Federal Register on September 2, 2005, respecting the exclusion of U.S. captive Scimitar-Horned Ornyx, Addax, and Dama Gazelle from certain otherwise prohibited activities without regard to any other provision of statute or regulation that is applicable to the issuance of the rule. Prohibits the reissuance of such rule from being subject to judicial review.
(Sec. 424) Prohibits funds in this Act from being 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 acting on behalf of such corporation convicted) within the preceding 24 months of a felony criminal offense under any federal law.
(Sec. 425) Prohibits funds in this Act from being 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 with an 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.
(Sec. 426) Amends the Consolidated Appropriations Act, 2008 to keep in effect through FY2013: (1) the authority of the Secretary of Agriculture to conduct the pilot project for the implementation of the Quincy Library Group-Community Stability Proposal on federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville ranger district of Tahoe National Forest in California; (2) the authority of the Forest Service with respect to a collaborative process with the plaintiffs in Sierra Nevada Forest Prot. Campaign v. Rey and the Quincy Library Group to determine whether modifications to the pilot project are appropriate for the remainder of the project; and (3) provisions under the Healthy Forests Restoration Act of 2003 relating to environmental analysis, special administrative review process, and judicial review with respect to authorized hazardous fuel reduction projects on certain federal lands applicable to projects authorized by the Act.
(Sec. 427) Amends the Department of the Interior and Related Agencies Appropriations Act, 2001 to: (1) authorize the Secretary of Agriculture via cooperative agreement or contract (including sole source contract), as appropriate, with any of the 16 contiguous Western states (currently, the Colorado State Forest Service), to permit the State Forest Service of any such state to perform watershed restoration and protection services on National Forest System lands in that state when such similar and complimentary services are being performed by the state's Forest Service on adjacent state or private lands; (2) make such authority also available to the Secretary of the Interior respecting public lands in the 16 contiguous western states administered through the BLM; and (3) extend the authority provided under this section through FY2018.
(Sec. 428) Authorizes the Chief of the Forest Service to make available by special use permit, real property, not exceeding three acres per permit, in a Forest Service National Recreation Area to allow for the construction of a fire station if it is certified and reported by the Chief to the House and Senate Committees on Appropriations that: (1) the fire station is necessary for public safety; (2) no other station exists within driving distance to respond to fire emergencies; and (3) no other state or private land appropriate for use as a fire station is available.
(Sec. 429) Amends the Department of the Interior and Related Agencies Appropriations Act, 2000 to: (1) direct the Secretary of Agriculture to implement a program (under current law, a pilot program) to enhance Forest Service administerial rights-of-way and other land uses through FY2017; (2) cancel the submission of a certain report to Congress by the Secretary before the expiration of the authority for the pilot program; and (3) require the USDA Secretary, through FY2017, to deposit into the Treasury special account all fees collected to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to the Mineral Leasing Act, the Federal Land Policy and Management Act of 1976, and the National Historic Preservation Act.
(Sec. 430) Authorizes the Secretary of Agriculture to enter into an agreement under the Cooperative Funds and Deposits Act with federal, tribal, state, or local governments, or nonprofits concerning: (1) the sale or distribution of educational and interpretive programs, products, and services; (2) the construction or improvement of facilities not under the control of the General Services Administration (GSA) on, or in, the vicinity of National Forest System lands for the such sale or distribution; (3) the operation of facilities not under such control or vicinity for such sale or distribution pertaining to National Forest System lands, private lands, and lands administered by other public entities; (4) the sale of health and safety products, visitor convenience items, or other similar items not under such control or vicinity; and (5) the collection of funds on behalf of cooperators from the sale of programs, products, and services when incidental to other duties of Forest Service personnel.
(Sec. 431) Amends the Federal Land Policy and Management Act of 1976 to: (1) increase the length of terms for permits or leases issued by the Department of the Interior or the USDA for domestic livestock grazing on public land or land within National Forests in the 16 contiguous western states from 10 to 20 years, and (2) permit the issuance of such permits or leases for a period shorter than 20 years (currently, 10 years).
(Sec. 432) Amends the National Forest Management Act of 1976 to require the description or prescription of the harvesting of trees, portions of trees, or forest products with respect to timber sales conducted on National Forest System lands to be conducted by persons employed by the USDA.
(Sec. 433) Bars the use of any funds available to the Secretary of Agriculture to implement or enforce Subpart B of the Travel Management Rule relating to the designation of roads, trails, and areas for motor vehicle use in an administrative unit of the National Forest System in California, unless the Secretary completes post-Subpart B Project Level Trail Planning of unauthorized routes in the unit not considered in subpart B.
(Sec. 434) Prohibits funds in this Act or any subsequent Act making appropriations for the EPA from being used by EPA to adopt, implement, 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 CWA.
(Sec. 435) Prohibits funds in this Act from being used to carry out or otherwise enforce proposed regulations published in the Federal Register by the Office of Surface Mining Reclamation and Enforcement on June 18, 2010, relating to improving the protection of streams from the adverse impacts of surface coal mining operations.
(Sec. 436) Prohibits funds in this Act or any other Act from being used to adopt or enforce regulations or guidance that would expand the federal stormwater discharge program under the National Pollutant Discharge Elimination System (NPDES) to post-construction commercial or residential properties until 90 days after the Administrator of the EPA submits to Congress the study of stormwater discharges required under under the CWA. Specifies the contents to be included in such study.
(Sec. 437) Amends the Department of the Interior and Related Agencies Appropriations Act, 1993 to repeal the Forest Service's separate decision making and appeals reform process for proposed actions of the Forest Service concerning projects and activities implementing land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974 and for modifying the procedure for appeals of decisions concerning such projects.
Makes the Forest Service's pre-decisional objection process under the Consolidated Appropriations Act, 2012 inapplicable to any project or activity that implements a land and resource management plan developed under the Forest and Rangeland Renewable Resources Planning Act of 1974 that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the NEPA.
(Se. 438) Bars funds in this Act or any other Act for any fiscal year from being used to prohibit the use of or access to federal land (as defined in the Healthy Forests Restoration Act of 2003) for hunting, fishing, or recreational shooting if the use or access was not prohibited on the land as of January 1, 2012, and was not conducted in compliance with the resource management plan applicable to the land as of January 1, 2012.
Authorizes the Secretary of the Interior or the Secretary of Agriculture to temporarily close federal land managed by the Secretary concerned, for a period not exceeding 30 days, to hunting, fishing, or recreational shooting, if the temporary closure is necessary to accommodate a special event or for public safety reasons. Allows the Secretary concerned to extend a temporary closure for one additional 90-day period only if the extension is necessary because of extraordinary weather conditions or for public safety reasons.
(Sec. 439) Prohibits funds in this Act from being used to develop, adminster, or implement the National Ocean Policy developed under Executive Order 13547 (relating to the Stewardship of the Ocean, Our Coasts, and the Great Lakes). Requires the President to report to the House and Senate Committees on Appropriations identifying all federal expenditures in FY2011-FY2012 for the development, administration, or implementation of such policy. Requires that the President's budget for FY2014 identify all such funding proposed for the implementation of such policy.
(Sec. 440) Directs the Administrator of the EPA, in consultation with the Commandant of the Coast Guard, to carry out a 48-month pilot project for the North American Emission Control Area under which the owner or operator of a vessel opting into the pilot project is deemed to be in compliance with U.S. sulfur content fuel requirements if: (1) the vessel meets requirements under the International Convention for the Prevention of Pollution from Ships and that compliance with such requirements provides a degree of overall protection of the public health and welfare that is equivalent to the degree of such protection provided by compliance with the U.S. requirements, and (2) such owner or operator opting into the pilot project continues being subject to such U.S. requirements while at berth or anchor.
Instructs the EPA Administrator to complete atmospheric modeling and actual ambient air testing to determine the environmental and economic effectiveness of U.S. sulfur content fuel requirements in combination with the international requirements specified above, particularly as such effectiveness relates to Alaska and Hawaii.
(Sec. 441) Amends the CWA to prohibit the EPA Administrator or a state from requiring a municipality operating a separate storm sewer system serving a population of less than 100,000 from obtaining a permit under the National Pollutant Discharge Elimination System (NPDES) for a discharge that is composed entirely of stormwater from a facility that is not owned or operated by such municipality and does not enter into such system.
(Sec. 442) Prohibits any funds made available by a state water pollution control revolving fund as authorized by the CWA or made available by a drinking water treatment revolving loan fund as authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are U.S. produced, subject to specified exceptions.
Requires, if the Administrator receives a request for a waiver under this section, to provide an informal notice of, and opportunity for, public comment on the request at least 15 days before making a finding. Requires that notices include the information available to the Administrator concerning such request and be provided electronically, including on the EPA's official public internet website.
Permits the Administrator to retain up to 1% of the funds appropriated in this Act to carry out the provisions described in the prohibition under this section for management and oversight of the requirements of this section.
Makes this section inapplicable respecting a project if a state agency approves the engineering plans and specifications for such project, in its capacity to approve such plans and specifications prior to requesting bids for a project, before October 1, 2012, or this Act's enactment date, whichever is later.
(Sec. 443) Prohibits funds in this Act from being used to implement or enforce regulations under the Lead; Renovation, Repair, and Painting Rule or any subsequent amendments to those regulations, until EPA publicizes recognition of a commercially-available lead test kit that meets both the negative response and positive response criteria.
(Sec. 444) Prohibits funds in this Act from being used to: (1) implement or enforce any regulation pursuant to the Clean Air Act regarding the regulation of any greenhouse gas emissions from new motor vehicles or new motor vehicle engines manufactured after model year 2016 to address climate change, or (2) consider or grant a waiver under such Act so that a state or political subdivision thereof may adopt or attempt to enforce standards for the control of emissions of any greenhouse gas from such vehicles or vehicle engines.
(Sec. 445) Prohibits funds in this Act from being used by the EPA to finalize the Proposed Guidance on False or Misleading Pesticide Product Brand Names, as contained in Draft Pesticide Registration Notice 2010-X.
(Sec. 446) Prohibits funds in this Act from being used to implement, administer, or enforce the National Emissions Standards for Hazardous Air Pollutants regulations for asbestos respecting any residential building that has four or fewer dwelling units, unless that building falls within the definition of "installation" under those regulations.
(Sec. 447) Prohibits funds in this Act from being used to implement or enforce any regulation that would establish new financial responsibility requirements pursuant to CERCLA respecting owners or operators of facilities that produce, transport, treat, store, or dispose of hazardous substances.
(Sec. 448) Prohibits funds in this Act from being used to implement or enforce any regulation or guidance under the Clean Air Act establishing a standard of performance applicable to the emission of any greenhouse gas by any new or existing source that is an electric utility generating unit.
(Sec. 449) Directs the EPA Administrator, within 30 days of this Act's enactment, to begin developing a seventh edition of the document entitled "EPA Air Pollution Control Cost Manual." Instructs the Administrator to consult, and seek comment from, state, local, and tribal departments of environmental quality during the development of such edition and to provide opportunity for public comment.
(Sec. 450) Directs the EPA Administrator, within 30 days of this Act's enactment, to publish in the Federal Register a notice to solicit comment on revising EPA's "Guideline on Air Quality Models" to allow flexible modeling approaches and adopt the most recently published version of the CALPUFF modeling system (or portions thereof) as a preferred air quality model under such guideline.
(Sec. 451) States that the amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $398 million.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6091 Reported in House (RH)]
Union Calendar No. 426
112th CONGRESS
2d Session
H. R. 6091
[Report No. 112-589]
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2012
Mr. Simpson, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2013, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior, environment, and
related agencies for the fiscal year ending September 30, 2013, and for
other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$946,707,000, to remain available until expended; of which $3,000,000
shall be available in fiscal year 2013 subject to a match by at least
an equal amount by the National Fish and Wildlife Foundation for cost-
shared projects supporting conservation of Bureau lands; and such funds
shall be advanced to the Foundation as a lump-sum grant without regard
to when expenses are incurred.
In addition, $32,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $6,500 per
new application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $39,696,000 is for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program, to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and location
fees that are hereby authorized for fiscal year 2013 so as to result in
a final appropriation estimated at not more than $946,707,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579 (43 U.S.C. 1715, 1716, 1748(d)), including
administrative expenses and acquisition of lands or waters, or
interests therein, $6,743,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$110,025,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, (43 U.S.C 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That, notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,040,488,000, to remain
available until September 30, 2014, except as otherwise provided
herein: Provided, That not to exceed $14,564,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing
petitions, developing and issuing proposed and final regulations, and
taking any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$4,500,000 shall be used for any activity regarding the designation of
critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1) prior to
October 1, 2011; of which not to exceed $1,123,000 shall be used for
any activity regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and (b)(3)(B); and,
of which not to exceed $1,123,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) for species that are not
indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$17,755,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the United States
Fish and Wildlife Service, $15,047,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended, of
which, notwithstanding section 7 of such Act (16 U.S.C. 460l-9), not
more than $4,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act (Public Law 108-421),
including not to exceed $160,000 for administrative expenses: Provided,
That none of the funds appropriated for specific land acquisition
projects may be used to pay for any administrative overhead, planning
or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), $14,129,000, to remain
available until expended, of which $2,707,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$11,422,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $11,958,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$22,333,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $1,893,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $4,735,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et
seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.), for the development and implementation of programs for the
benefit of wildlife and their habitat, including species that are not
hunted or fished, $30,662,000, to remain available until expended:
Provided, That of the amount provided herein, $2,134,000 is for a
competitive grant program for Indian tribes not subject to the
remaining provisions of this appropriation: Provided further, That
$2,866,000 is for a competitive grant program for States, territories,
and other jurisdictions with approved plans, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $5,000,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 50 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,229,409,000, of which $9,816,000 for planning and
interagency coordination in support of Everglades restoration and
$71,040,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2014.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $51,822,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470), $49,500,000, to be derived from the
Historic Preservation Fund and to remain available until September 30,
2014.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $131,173,000, to remain available until expended.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2013 by section 9
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
10a) is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), including administrative
expenses, and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the National
Park Service, $13,294,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which
$2,794,000 is for the State assistance program and of which $2,000,000
shall be for the American Battlefield Protection Program grants as
authorized by section 7301 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of Public Law
105-391, in fiscal year 2013 and thereafter, franchise fees credited to
a sub-account shall be available for expenditure by the Secretary,
without further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for this
purpose to the extent that the benefitting unit anticipated franchise
fee receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability. Franchise fees
at the benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $967,000,000, to
remain available until September 30, 2014; of which $51,569,700 shall
remain available until expended for satellite operations; and of which
$7,280,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be used to
pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $59,696,000, to remain
available until September 30, 2014; and an amount not to exceed
$101,404,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, that are collected and
disbursed by the Secretary, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant to the
Outer Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities: Provided, That
notwithstanding 31 U.S.C. 3302, in fiscal year 2013, such amounts as
are assessed under 31 U.S.C. 9701 shall be collected and credited to
this account and shall be available until expended for necessary
expenses: Provided further, That to the extent $101,404,000 in addition
to receipts are not realized from the sources of receipts stated above,
the amount needed to reach $101,404,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $61,375,000, to remain available until
September 30, 2014; and an amount not to exceed $60,881,000 to be
credited to this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates in effect
on August 5, 1993, that are collected and disbursed by the Secretary,
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided, That notwithstanding
31 U.S.C. 3302, in fiscal year 2013, such amounts as are assessed under
31 U.S.C. 9701 shall be collected and credited to this account and
shall be available until expended for necessary expenses: Provided
further, That to the extent $60,881,000 in addition to receipts are not
realized from the sources of receipts stated above, the amount needed
to reach $60,881,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf leases
in effect before August 5, 1993.
For an additional amount, $65,000,000, to remain available until
expended, which shall be derived from non-refundable inspection fees
collected in fiscal year 2013, as provided in this Act: Provided, That
to the extent that such amounts are not realized from such fees, the
amount needed to reach $65,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: Provided
further, That to the extent that amounts realized from such fees exceed
$65,000,000, the amounts realized in excess of $65,000,000 shall be
credited to this appropriation and remain available until expended:
Provided further, That for fiscal year 2013, not less than 50 percent
of the inspection fees expended by the Bureau of Safety and
Environmental Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly development,
subject to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$122,713,000, to remain available until September 30, 2014: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training: Provided further, That, in fiscal year
2013, up to $40,000 collected by the Office of Surface Mining from
permit fees pursuant to section 507 of Public Law 95-87 (30 U.S.C.
1257) shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2013 appropriation estimated at not more than $122,673,000: Provided
further, That, in subsequent fiscal years, all amounts collected by the
Office of Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,366,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law 95-87
may be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this or any other Act with respect to any fiscal
year, the Secretary may transfer title for computer hardware, software
and other technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,404,672,000, to remain available until
September 30, 2014 except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,791,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster; of which, notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act of 1975,
not to exceed $228,000,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants, compacts, or
annual funding agreements entered into with the Bureau prior to or
during fiscal year 2013, as authorized by such Act, except that tribes
and tribal organizations may use their tribal priority allocations for
unmet contract support costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance costs; of
which not to exceed $605,810,000 for school operations costs of Bureau-
funded schools and other education programs shall become available on
July 1, 2013, and shall remain available until September 30, 2014; and
of which not to exceed $51,474,000 shall remain available until
expended for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided further,
That notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 and 25 U.S.C.
2008, not to exceed $61,244,000 within and only from such amounts made
available for school operations shall be available for administrative
cost grants associated with ongoing grants entered into with the Bureau
prior to or during fiscal year 2012 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts made
available for administrative cost grants shall be available for the
transitional costs of initial administrative cost grants to grantees
that assume operation on or after July 1, 2012, of Bureau-funded
schools: Provided further, That any forestry funds allocated to a tribe
which remain unobligated as of September 30, 2014, may be transferred
during fiscal year 2015 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2015: Provided further, That, in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $117,110,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 percent of contract authority available to the Bureau
of Indian Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
basis: Provided further, That, in implementing new construction or
facilities improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in
43 CFR part 12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That in
considering grant applications, the Secretary shall consider whether
such grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(b), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further, That in
order to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds related to the
project, if, within 18 months of the date of enactment of this Act, any
grantee receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project and
commenced construction: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 108-447, and 111-11, and for
implementation of other land and water rights settlements, $36,293,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $10,000,000, of
which $1,227,459 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $157,957,648.
administrative provisions
The Bureau of Indian Affairs may in fiscal year 2013 and thereafter
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in the
Bureau school system as of October 1, 1995. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the BIE funding formula, only to
the schools in the Bureau school system as of September 1, 1996 and to
any school or school program that was re-instated in fiscal year 2012.
Funds made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded school
before September 1, 1999, may continue to operate during that period,
but only if the charter school pays to the Bureau a pro rata share of
funds to reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau does not
assume any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter
school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $247,777,000, to remain available
until September 30, 2014; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $38,300,000 shall
remain available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any other
provision of law, $15,000 under this heading shall be available for
refunds of overpayments in connection with certain Indian leases in
which the Secretary concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments: Provided further, That,
notwithstanding the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), the Secretary shall deduct 2 percent from the
amount payable to each State in fiscal year 2013 and deposit the amount
deducted to miscellaneous receipts of the Treasury: Provided further,
That section 6906 of title 31, United States Code, is amended by
striking ``2012'' and inserting ``2013'': Provided further, That for
fiscal year 2013, up to $400,000 of the payments authorized by chapter
69 of title 31, United States Code, may be retained for administrative
expenses of the Payments in Lieu of Taxes Program: Provided further,
That no payment shall be made pursuant to such chapter to otherwise
eligible units of general local government if the computed amount of
the payment is less than $100: Provided further, That a payment made to
a unit of general local government for fiscal year 2013 pursuant to
such chapter may be reduced by the Secretary to correct overpayments,
and shall be increased by the Secretary to correct underpayments, to
such unit of general local government for the previous fiscal year.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $79,946,000, of
which: (1) $70,684,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,262,000 shall be available until September 30, 2014, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,313,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such loans
or loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
If the Secretary of the Interior determines that a territory has a
substantial backlog of capital improvement program funds at the
beginning of a fiscal year, the Secretary may withhold or redistribute
that territory's capital improvement funds for the current fiscal year
among the other eligible recipient territories. For purposes of this
section, a territory with an expenditure rate of less than 50 percent
shall be deemed to have a substantial backlog. The expenditure rate
will be calculated on the last day of each fiscal year, currently
September 30, and will be based on expenditures and receipts over the
five most recent fiscal years.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $64,654,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$48,493,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$146,000,000, to remain available until expended, of which not to
exceed $26,839,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2013, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That, notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been furnished with
an accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That, notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $15 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal
accounts after September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available
in this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $746,473,000, to remain available until expended, of
which not to exceed $4,127,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps
(Public Law 109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $92,000,000, to remain available
until expended: Provided, That such amounts are available only for
transfer to the ``Wildland Fire Management'' account and only following
a declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-based
written criteria for significant complexity, severity, or threat posed
by the fire or (2) funds in the ``Wildland Fire Management'' account
will be exhausted within 30 days.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $9,133,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), and Public Law 101-337 (16 U.S.C. 19jj et seq.),
$6,000,000, to remain available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system, information technology improvements of general
benefit to the Department, and consolidation of facilities and
operations throughout the Department, $56,936,000, to remain available
until expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the House and
Senate Committees on Appropriations: Provided further, That the
Secretary may assess reasonable charges to State, local and tribal
government employees for training services provided by the National
Indian Program Training Center, other than training related to Public
Law 93-638: Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or professional
services of the National Indian Program Training Center to State, local
and tribal government employees or persons or organizations engaged in
cultural, educational, or recreational activities (as defined in
section 3306(a) of title 40, United States Code) at the prevailing rate
for similar space, facilities, equipment, or services in the vicinity
of the National Indian Program Training Center: Provided further, That
all funds received pursuant to the two preceding provisos shall be
credited to this account, shall be available until expended, and shall
be used by the Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary may enter
into grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement, and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft:
Provided further, That the Bell 206L-1 aircraft, serial number 45287,
currently registered as N613, is to be retired from service and,
notwithstanding any other provision of law, the National Business
Center, Aviation Management Directorate shall transfer the aircraft
without reimbursement to the National Law Enforcement Officers Memorial
Fund, for the purpose of providing a static display in the National Law
Enforcement Museum: Provided further, That such aircraft shall revert
back to the Department of the Interior if said museum determines in the
future that the subject aircraft is no longer needed.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this section
must be replenished by a supplemental appropriation, which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of the Special Trustee for American
Indians and any unobligated balances from prior appropriations Acts
made under the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities. Total
funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
payment of fees
Sec. 105. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments under this
section that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
outer continental shelf inspection fees
Sec. 106. (a) In fiscal year 2013, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2013 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2013. Fees for fiscal year 2013 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
oil and gas leasing internet program
Sec. 107. Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
shall have the authority to implement an oil and gas leasing Internet
program, under which the Secretary may conduct lease sales through
methods other than oral bidding.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may establish accounts and transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in the report accompanying this Act.
authorized use of indian education funds
Sec. 109. Beginning July 1, 2008, any funds (including investments
and interest earned, except for construction funds) held by a Public
Law 100-297 grant or a Public Law 93-638 contract school shall, upon
retrocession to or re-assumption by the Bureau of Indian Education,
remain available to the Bureau of Indian Education for a period of 5
years from the date of retrocession or re-assumption for the benefit of
the programs approved for the school on October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 110. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 304B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year term
restriction in subsection (d) shall not apply), for the long-term care
and maintenance of excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative agreements
and contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
mass marking of salmonids
Sec. 111. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
bureau of land management actions regarding grazing on public lands
Sec. 112. Exhaustion of Administrative Review Required.--
(1) For fiscal years 2014 and hereafter, a person may bring
a civil action challenging a decision of the Bureau of Land
Management concerning grazing on public lands (as defined in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e))) in a Federal district court only if
the person has exhausted the administrative hearings and
appeals procedures established by the Department of the
Interior, including having filed a timely appeal and a request
for stay.
(2) An issue may be considered in the judicial review of a
decision referred to in paragraph (1) only if the issue was
raised in the administrative review process described in such
paragraph.
trailing livestock across public lands
Sec. 113. During fiscal years 2013 and 2014, the trailing of
livestock across public lands (as defined by section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and the
implementation of trailing practices by the Bureau of Land Management
shall not be subject to review under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). Trailing or
crossing authorizations across public lands shall not be subject to
protest or appeal under subpart E of part 4 of title 43, Code of
Federal Regulations, and subpart 4160 of part 4100 of such title.
wild lands funding prohibition
Sec. 114. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010.
mining fees: correction
Sec. 115. Section 10101(a) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f), as amended by section 430 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat.
1047), is further amended--
(1) in paragraph (1), in the first sentence, by striking
``on'' the first place it appears and inserting ``before,
on,''; and
(2) in paragraph (2), by striking ``located'' the second
place it appears.
indian law and order commission
Sec. 116. Section 15(f) of the Indian Law Enforcement Reform Act
(25 U.S.C. 2812(f)) is amended by striking ``2 years'' and inserting
``3 years''.
gray wolves
Sec. 117. Before the end of the 60-day period beginning on the
date of enactment of this Act, the Secretary of the Interior shall
issue a final rule pertaining to the proposed rule published on October
5, 2011 (76 Fed. Reg. 61782 et seq.).
extension of national heritage area authorities
Sec. 118. (a) Division II of Public Law 104-333 (16 U.S.C. 461
note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707,
809, and 910, by striking ``2012'' and inserting ``2014''.
(b) Section 7 of Public Law 99-647 (16 U.S.C. 461 note) is amended
by striking ``the date'' and all that follows through ``2006'' and
inserting ``September 30, 2014''.
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is
amended--
(1) in subsection (c)(1), by striking ``2012'' and
inserting ``2014''; and
(2) in subsection (d), by striking ``the date that is 5
years after the date of enactment of this subsection'' and
inserting ``September 30, 2014''.
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is
amended by striking ``2012'' and inserting ``2014''.
onshore oil and gas on public lands
Sec. 119. For fiscal years 2013 and 2014, funds made available in
this title for the Bureau of Land Management and the Bureau of Indian
Affairs may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the Department of
the Interior carrying out the inspection and regulation of onshore oil
and gas operations on public lands in the Petroleum Engineer (GS-0881)
and Petroleum Engineering Technician (G-0802) job series at grades 5
through 14 at rates no greater than 25 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title 5,
United States Code.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $738,357,000, to remain available until September 30,
2014: Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as specified in
the explanatory statement accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,479,081,000, to remain available until
September 30, 2014: Provided, That of the funds included under this
heading, $346,261,000 shall be for Geographic Programs specified in the
explanatory statement accompanying this Act: Provided further, That of
the funds included under this heading, $15,000,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,933,000, to remain available until September 30, 2014.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $36,370,000, to remain available until
expended.
Hazardous Substance Superfund
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,164,917,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2012, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,164,917,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $104,117,000, to remain available until expended, of
which $71,687,000 shall be for carrying out leaking underground storage
tank cleanup activities authorized by section 9003(h) of the Solid
Waste Disposal Act; $32,430,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,223,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,602,043,000, to remain available until expended,
of which $689,000,000 shall be for making capitalization grants for the
Clean Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act (the ``Act''); of which $829,000,000 shall be for
making capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act; $60,000,000
shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
grants, interagency agreements, and associated program support costs:
Provided, That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities described
in section 101(39)(D)(ii)(II) of CERCLA; $30,000,000 shall be for
grants under title VII, subtitle G of the Energy Policy Act of 2005;
and $994,043,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which $47,572,000 shall
be for carrying out section 128 of CERCLA, $9,964,000 shall be for
Environmental Information Exchange Network grants, including associated
program support costs, $11,300,000 of the funds available for grants
under section 106 of the Act shall be for State participation in
national- and State-level statistical surveys of water resources and
enhancements to State monitoring programs, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage Tank Trust
Fund Program'' to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act, $1,490,000 shall
be for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act: Provided further, That notwithstanding section 603(d)(7)
of the Federal Water Pollution Control Act, the limitation on the
amounts in a State water pollution control revolving fund that may be
used by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year 2013
and prior years where such amounts represent costs of administering the
fund to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2013, and
notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to federally recognized Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2013, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a total of 2
percent of the funds appropriated for State Revolving Funds under such
Acts may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That for
fiscal year 2013, notwithstanding the amounts specified in section
205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of
the aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section 518(c)
of the Act, may be reserved by the Administrator for grants made under
title II of the Clean Water Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2013, notwithstanding
the limitations on amounts specified in section 1452(j) of the Safe
Drinking Water Act, up to 1.5 percent of the funds appropriated for the
Drinking Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants made under
section 1452(j) of the Safe Drinking Water Act: Provided further, That
not less than 20 percent but not more than 30 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and not less than 20 percent but
not more than 30 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall be
so used by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only where such
debt was incurred on or after the date of enactment of this Act:
Provided further, That no funds provided by this appropriations Act to
address the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United States-Mexico
border shall be made available to a county or municipal government
unless that government has established an enforceable local ordinance,
or other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater, or
other necessary infrastructure.
Administrative Provisions--environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2013, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide
Registration Improvement Renewal Act.
The Administrator is authorized to transfer up to $250,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
From unobligated balances available to carry out projects and
activities funded through the State and Tribal Assistance Grants
account, $130,000,000 are permanently rescinded: Provided, 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.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
The fourth paragraph under the heading Administrative Provisions of
title II of Public Law 109-54, as amended by the fifth paragraph under
such heading of title II of division E of Public Law 111-8 and the
third paragraph under such heading of the title II of Public Law 111-
88, is further amended by striking ``thirty persons'' and inserting
``fifty persons''.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $247,796,000, to remain available until expended:
Provided, That of the funds provided, $71,805,000 is for the forest
inventory and analysis program.
State and Private Forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $183,000,000, to remain
available until expended, as authorized by law; of which $3,000,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,495,484,000, to remain available
until expended: Provided, That of the funds provided, $342,211,000
shall be for forest products: Provided further, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments as
authorized by section 4003(f) of Public Law 111-11 (16 U.S.C. 7303(f)):
Provided further, That of the funds provided, up to $68,887,000 is for
the Integrated Resource Restoration pilot program for Region 1, Region
3 and Region 4: Provided further, That of the funds provided for forest
products, up to $45,403,000 may be transferred to support the
Integrated Resource Restoration pilot program in the preceding proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $356,086,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning (including
decommissioning unauthorized roads not part of the transportation
system), and maintenance of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That $35,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas
where Forest Service roads may be contributing to water quality
problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2013 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $8,369,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $16,494,000, to be derived from the
Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $955,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
(16 U.S.C. 484a), to remain available until expended (16 U.S.C. 460l-
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $46,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,000,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands
and water, $2,072,799,000, to remain available until expended:
Provided, That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That such funds shall be available to reimburse State
and other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $5,226,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided further,
That all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to execute the
Forest and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided further,
That funds provided shall be available for emergency rehabilitation and
restoration, hazardous fuels reduction activities, support to Federal
emergency response, and wildfire suppression activities of the Forest
Service: Provided further, That of the funds provided, $345,005,000 is
for hazardous fuels reduction activities, $20,634,000 is for research
activities and to make competitive research grants pursuant to the
Forest and Rangeland Renewable Resources Research Act (16 U.S.C. 1641
et seq.), $72,688,000 is for State fire assistance, $11,733,000 is for
volunteer fire assistance: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private Forestry'',
``National Forest System'', and ``Forest and Rangeland Research''
account to fund State fire assistance, volunteer fire assistance,
forest health management, forest and rangeland research, the Joint Fire
Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds provided
herein may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for
hazardous fuels reduction and for training or monitoring associated
with such hazardous fuels reduction activities on Federal land or on
non-Federal land if the Secretary determines such activities implement
a community wildfire protection plan (or equivalent) and benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forest Restoration Act, Public Law 106-393,
title VI, shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the ``State
and Private Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That,
of the funds provided for hazardous fuels reduction, not to exceed
$5,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
funds designated for wildfire suppression, including funds transferred
from the ``FLAME Wildfire Suppression Reserve Fund'', shall be assessed
for cost pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That of the funds for
hazardous fuels reduction, up to $21,928,000 may be transferred to the
``National Forest System'' to support the Integrated Resource
Restoration pilot program.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $315,000,000, to remain
available until expended: Provided, That such amounts are available
only for transfer to the ``Wildland Fire Management'' account and only
following a declaration by the Secretary that either (1) a wildland
fire suppression event meets certain previously established risk-based
written criteria for significant complexity, severity, or threat posed
by the fire or (2) funds in the ``Wildland Fire Management'' account
will be exhausted within 30 days.
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a-558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement of the managers
accompanying this Act.
Not more than $997,000,000 of funds available to the Forest Service
shall be used for cost pools 1-5, as defined on page 14 - 25 of the
Forest Service Budget Justification, Fiscal Year 2013.
Not more than $41,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $5,000,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit
the Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the Financial Management Modernization
Initiative.
Of the funds available to the Forest Service up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That hereafter, the National
Forest Foundation may hold Federal funds made available but not
immediately disbursed and may use any interest or other investment
income earned (before, on, or after the date of the enactment of this
Act) on Federal funds to carry out the purposes of Public Law 101-593:
Provided further, That such investments may be made only in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Not later than January 31, 2013, the Chief of the Forest Service
shall submit a formal request, in writing, to the Council on
Environmental Quality for authorization to use ``alternative
arrangements'' pursuant to section 1506.11 of title 40, Code of Federal
Regulations, for compliance with the National Environmental Policy Act
of 1969 for post-fire restoration and rehabilitation activities,
including the removal of hazard trees, related to each large-scale
wildfire on National Forest System land that burned more than 250,000
acres in 2011 or 2012 and for which such a formal request was not
previously made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,049,612,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) and 238b for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $897,562,000 for contract medical
care, including $51,500,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: Provided
further, That of the funding provided for information technology
activities and, notwithstanding any other provision of law, $4,000,000
shall be allocated at the discretion of the Director of the Indian
Health Service: Provided further, That of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That the amounts collected by the
Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be deposited to the
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative and for the domestic violence
prevention initiative shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts provided
herein, not to exceed $546,446,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs associated
with contracts, grants, self-governance compacts, or annual funding
agreements between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of 1975,
prior to or during fiscal year 2013, of which not to exceed $10,000,000
may be used for contract support costs associated with new or expanded
self-determination contracts, grants, self-governance compacts, or
annual funding agreements: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public Law 93-
638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out
its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $443,864,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 shall be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development: Provided further, That not to exceed $2,700,000 from
this account and the ``Indian Health Services'' account shall be used
by the Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, to remain available until
expended, and be used by the Indian Health Service for the demolition
of Federal buildings.
administrative provisions, indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may be extended
health care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with funds
recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-
2653) shall be credited to the account of the facility providing the
service and shall be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law 86-121,
the Indian Sanitation Facilities Act and Public Law 93-638, as amended:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and section 126(g) of the Superfund Amendments
and Reauthorization Act of 1986, $74,928,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA); section
118(f) of the Superfund Amendments and Reauthorization Act of 1986
(SARA); and section 3019 of the Solid Waste Disposal Act, $74,039,000,
of which up to $1,000 per eligible employee of the Agency for Toxic
Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding any
other provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(I) of CERCLA during
fiscal year 2013, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $2,661,000: Provided, That, notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$10,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,600,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $8,348,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $643,634,000, to remain available until September 30, 2014,
except as otherwise provided herein; of which not to exceed $25,670,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (20 U.S.C. 53a), and for construction, including necessary
personnel, $145,544,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109,
and of which $50,000,000 shall be to continue construction of the
National Museum of African American History and Culture.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(20 U.S.C. 71 et seq.), as amended by the public resolution of April
13, 1939 (Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in library,
museum, and art associations or societies whose publications or
services are available to members only, or to members at a price lower
than to the general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other employees
as authorized by law (5 U.S.C. 5901-5902); purchase or rental of
devices and services for protecting buildings and contents thereof, and
maintenance, alteration, improvement, and repair of buildings,
approaches, and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or organizations at
such rates or prices and under such terms and conditions as the Gallery
may deem proper, $113,121,000, of which not to exceed $3,518,000 for
the special exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $12,679,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $22,379,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $13,588,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,492,000, to remain available until September 30, 2014.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $132,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $132,000,000 to remain available
until expended, of which $122,000,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,000,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,000,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,175,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $1,950,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $5,723,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $7,977,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $49,900,000, of which
$515,000 shall remain available until September 30, 2015, for the
Museum's equipment replacement program; and of which $1,900,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
TITLE IV--GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. In fiscal year 2013 and thereafter, the expenditure of
any appropriation under this Act or any subsequent Act appropriating
funds for departments and agencies funded in this Act, for any
consulting service through procurement contract, pursuant to 5 U.S.C.
3109, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 404. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
giant sequoia
Sec. 405. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2012.
mining applications
Sec. 406. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2014, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs
Sec. 407. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88,
112-10, and 112-74 for payments for contract support costs associated
with self-determination or self-governance contracts, grants, compacts,
or annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2012 for such purposes, except
that the Bureau of Indian Affairs, tribes and tribal organizations may
use their tribal priority allocations for unmet contract support costs
of ongoing contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
Sec. 408. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis:
Provided further, That, notwithstanding the issuance of a new final
planning rule prescribing the procedures to be used to develop, amend,
or revise land and resource management plans for units of the National
Forest System, the existing 1982 planning rule procedures and the 2000
planning rule procedures, including its transition provisions allowing
the Forest Service to continue to use the 1982 planning rule
procedures, shall remain in effect as alternative procedures for the
development, amendment, and revision of land and resource management
plans.
prohibition within national monuments
Sec. 409. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 410. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 411. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
extension of grazing permits
Sec. 412. Section 415 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2012 (division E
of Public Law 112-74; 125 Stat. 1043) is amended in the first sentence
by inserting ``and subsequent fiscal years'' after ``2013''.
prohibition on no-bid contracts
Sec. 413. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq., as amended) or by any other Federal
laws that specifically authorize a contract within an Indian
tribe as defined in section 4(e) of that Act (25 U.S.C.
450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 414. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 415. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 416. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and the Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
national endowment for the arts grant awards to states
Sec. 417. Section 5(g)(4) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)), is amended--
(1) in subparagraph (A) by adding at the end the following:
``Whenever a State agency requests that the Chairperson
exercise such discretion, the Chairperson shall--
``(i) give consideration to the various circumstances the
State is encountering at the time of such request; and
``(ii) ensure that such discretion is not exercised with
respect to such State in perpetuity.''; and
(2) in subparagraph (C) by adding at the end the following:
``The non-Federal funds required by subparagraph (A) to pay 50
percent of the cost of a program or production shall be
provided from funds directly controlled and appropriated by the
State involved and directly managed by the State agency of such
State.''.
status of balances of appropriations
Sec. 418. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 419. Not later than 120 days after the date on which the
President's fiscal year 2014 budget request is submitted to Congress,
the President shall submit a comprehensive report to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate describing in detail all Federal agency
funding, domestic and international, for climate change programs,
projects and activities in fiscal year 2012, including an accounting of
funding by agency with each agency identifying climate change programs,
projects and activities and associated costs by line item as presented
in the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is driving
funding within each climate change program, project and activity listed
in the report.
prohibition on use of funds
Sec. 420. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 421. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
silvicultural activities
Sec. 422. Section 402(l) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(l)) is amended by adding at the end the following:
``(3) Silvicultural activities.--The Administrator shall
not require a permit under this section, nor shall the
Administrator directly or indirectly require any State to
require a permit, for discharges of stormwater runoff from
roads, the construction, use, or maintenance of which are
associated with silvicultural activities, or from other
silvicultural activities involving nursery operations, site
preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, harvesting
operations, or surface drainage.''.
antelope rule
Sec. 423. Before the end of the 60-day period beginning on the
date of enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on September 2, 2005 (70 Fed. Reg.
52310 et seq.) without regard to any other provision of statute or
regulation that applies to issuance of such rule. Such reissuance
(including this section) shall not be subject to judicial review.
funding prohibition
Sec. 424. 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, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent and made a determination that this further
action is not necessary to protect the interests of the Government.
limitation with respect to delinquent tax debts
Sec. 425. 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 with respect to which 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, where the
awarding agency is aware of the unpaid tax liability, unless the agency
has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
herger-feinstein quincy library group forestry recovery act
Sec. 426. Section 434 of the Consolidated Appropriations Act, 2008
(Public Law 110-161), shall remain in effect until September 30, 2013.
good neighbor cooperative conservation authority
Sec. 427. (a) Inclusion of Sixteen Contiguous Western States.--
Section 331 of the Department of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996), as
amended by section 336 of division E of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat.3102) and section 422 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2010 (division A of Public Law 111-88; 123 Stat.
2961), is amended--
(1) in subsection (a)--
(A) by striking ``may permit the Colorado State
Forest Service'' and inserting ``with any of the
sixteen contiguous Western States (as defined in
section 3 of Public Law 95-514 (43 U.S.C. 1902)) may
permit the State Forest Service of the State''; and
(B) by striking ``of Colorado'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``may
authorize the State Forester of Colorado'' and
inserting ``with any of the sixteen contiguous Western
States may authorize the State Forester of the State'';
and
(B) in the second sentence, by striking ``the
Colorado State'' and inserting ``a State'';
(3) in subsection (c)--
(A) by striking ``the Colorado State'' both places
it appears and inserting ``a State''; and
(B) by striking ``the State Forester of Colorado''
and inserting ``a State Forester''; and
(4) in subsection (d), by striking ``State of Colorado''
and inserting ``sixteen contiguous Western States''.
(b) Expiration of Authority.--Subsection (e) of such section is
amended by striking ``September 30, 2013'' and inserting ``September
30, 2018''.
(c) Clerical Amendments.--Such section is further amended--
(1) in the section heading, by striking ``in Colorado''; and
(2) in the heading of subsections (a) and (d), by striking
``Colorado''.
site for fire stations in forest service national recreation areas
Sec. 428. Notwithstanding any other provision of law or
regulation, the Chief of the Forest Service may make available, by
special use permit, real property, not to exceed three acres per
permit, in a Forest Service National Recreation Area to allow for the
construction, operation, and maintenance of a fire station if the Chief
of the Forest Service certifies and reports to the Committees on
Appropriations of the House of Representatives and the Senate that--
(1) the fire station is necessary for general public safety
in the area to be served by the fire station;
(2) no other fire station exists within a reasonable
driving distance to respond to fire emergencies in the area;
and
(3) no other State or private land appropriate for use as a
fire station is reasonably available in the area.
special use cost recovery extension
Sec. 429. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (Public Law 106-113), is
further amended as follows:
(a)(1) in subsection (a), by striking ``develop and implement a
pilot program'' and inserting ``implement a program'';
(2) by striking ``forest service'' and inserting ``Forest
Service'';
(3) by striking ``through 2012'' and inserting ``through 2017'';
and
(4) by striking ``Prior to the expiration'' and all that follows
through ``permit applications.''; and
(b) in subsection (b), by striking ``2012,'' and inserting
``2017,''.
interpretive associations
partnership authorities
Sec. 430. (a) In General.--The Secretary of Agriculture may enter
into an agreement under the Cooperative Funds and Deposits Act (Public
Law 94-148), as amended, with Federal, tribal, State, or local
governments, or nonprofit entities, for additional purposes as follows:
(1) to develop, produce, publish, distribute, or sell
educational and interpretive materials and products;
(2) to develop, conduct, or sell educational and
interpretive programs and services;
(3) to construct, maintain, or improve facilities not under
the jurisdiction, custody, or control of the Administrator of
General Services on or in the vicinity of National Forest
System lands for the sale or distribution of educational and
interpretive materials, products, programs, and services;
(4) to operate facilities (including providing the services
of Forest Service employees to staff facilities) in any public
or private building or on land not under the jurisdiction,
custody, or control of the Administrator of General Services
for the sale or distribution of educational and interpretive
materials, products, programs, and services, pertaining to
National Forest System lands, private lands and lands
administered by other public entities;
(5) to sell health and safety products, visitor convenience
items, or other similar items (as determined by the Secretary)
in facilities not under the jurisdiction, custody, or control
of the Administrator of General Services on or in the vicinity
of National Forest System lands; and
(6) to collect funds on behalf of cooperators from the sale
of materials, products, programs, and services, as authorized
by this section, when incidental to other duties of Forest
Service personnel;
(b) Contributions of Volunteers.--The value of services performed
by persons who volunteer their services to the Forest Service and who
are recruited, trained, and supported by a cooperator under a mutual
benefit agreement with the Forest Service may be considered an in-kind
contribution of the cooperator for purposes of cost sharing.
maximum authorized term of grazing permits and leases
Sec. 431. Section 402 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1752) is amended by striking ``ten years'' each
place it appears in subsections (a) and (b) and inserting ``20 years''.
designation by prescription
Sec. 432. Section 14(g) of the National Forest Management Act of
1976 (16 U.S.C. 472a(g)) is amended by striking ``Designation, marking
when necessary,'' and inserting ``Designation, including marking when
necessary, or designation by description or by prescription,''.
travel management rule and national forest system land in california
Sec. 433. (a) Consideration of Routes Not Previously Considered.--
The Secretary of Agriculture shall not implement or enforce Subpart B
of the Travel Management Rule (subpart B of part 212 of title 36, Code
of Federal Regulations), relating to the designation of roads, trails,
and areas for motor vehicle use, in an administrative unit of the
National Forest System in California until the Secretary completes
post-Subpart B Project Level Trail Planning of unauthorized routes in
the unit not considered in Subpart B.
(b) Treatment of Maintenance-level 3 Roads.--In implementing
Subpart B of the Travel Management Rule in an administrative unit of
the National Forest System in California, the Secretary of Agriculture
shall not treat a maintenance-level 3 road (as defined in the Forest
Service Handbook) as a ``highway'' for purposes of determining
applicability of division 16.5 of the California Vehicle Code (section
38000 et seq.), relating to off-highway motor vehicles.
waters of the united states
Sec. 434. None of the funds made available by this Act or any
subsequent Act making appropriations for the Environmental Protection
Agency may be used by the Environmental Protection Agency to develop,
adopt, implement, administer, or enforce a change or supplement to the
rule dated November 13, 1986, as amended on August 25, 1993, 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.).
stream buffer
Sec. 435. None of the funds made available by this Act may be used
to develop, carry out, implement, or otherwise enforce proposed
regulations published June 18, 2010 (75 Fed. Reg. 34,667) by the Office
of Surface Mining Reclamation and Enforcement of the Department of the
Interior.
stormwater discharge
Sec. 436. None of the funds made available by this Act or any
other Act may be expended for the development, adoption,
implementation, or enforcement of regulations or guidance that would
expand the Federal stormwater discharge program under section 402(p) of
the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) to post-
construction commercial or residential properties until 90 days after
the Administrator of the Environmental Protection Agency submits to the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate the study of stormwater discharges required under section
402(p)(5) of such Act (33 U.S.C. 1342(p)(5)). Such study shall
include--
(1) a thorough review and analysis of potential regulatory
options under the stormwater program;
(2) the program's anticipated costs (including to the
Environmental Protection Agency, States, and potentially
regulated entities) and benefits; and
(3) a numerical identification of both relative cost
effectiveness among the options and the anticipated water
quality enhancements that would result from each option.
repeal of separate forest service decision making and appeals process
Sec. 437. Section 322 of the Department of the Interior and
Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16
U.S.C. 1612 note) is repealed. Section 428 of division E of the
Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat.
1046; 16 U.S.C. 6515 note) shall not apply to any project or activity
implementing a land and resource management plan developed under
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604) that is categorically excluded from
documentation in an environmental assessment or an environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
hunting, fishing, and recreational shooting on federal land
Sec. 438. (a) Limitation on Use of Funds.--None of the funds made
available by this Act or any other Act for any fiscal year may be used
to prohibit the use of or access to Federal land (as such term is
defined in section 3 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6502)) for hunting, fishing, or recreational shooting if such
use or access--
(1) was not prohibited on such Federal land as of January
1, 2012; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January 1,
2012.
(b) Temporary Closures Allowed.--Notwithstanding subsection (a),
the Secretary of the Interior or the Secretary of Agriculture may
temporarily close, for a period not to exceed 30 days, Federal land
managed by the Secretary to hunting, fishing, or recreational shooting
if the Secretary determines that the temporary closure is necessary to
accommodate a special event or for public safety reasons. The Secretary
may extend a temporary closure for one additional 90-day period only if
the Secretary determines the extension is necessary because of
extraordinary weather conditions or for public safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or responsibility
of the several States to manage, control, or regulate fish and resident
wildlife under State law or regulations.
limitation on use of funds for national ocean policy
Sec. 439. None of the funds made available by this Act may be used
to develop, propose, finalize, administer, or implement, the National
Ocean Policy developed under Executive Order 13547. Not later than 60
days after the date on which the President's fiscal year 2014 budget
request is submitted to Congress, the President shall submit a report
to the Committees on Appropriations of the House of Representatives and
the Senate identifying all Federal expenditures in fiscal years 2011
and 2012, by agency, account, and any pertinent subaccounts, for the
development, administration, or implementation of the National Ocean
Policy developed under Executive Order 13547. The President's budget
submission for fiscal year 2014 shall identify all such funding
proposed for the implementation of such Policy.
emissions control area pilot
Sec. 440. (a) The Administrator of the Environmental Protection
Agency, in consultation with the Commandant of the Coast Guard, shall
carry out a 48-month pilot project for the North American Emission
Control Area under which--
(1) subject to paragraph (2), the owner or operator of a
vessel opting into the pilot project is deemed to be in
compliance with United States sulfur content fuel requirements
if--
(A) the vessel meets requirements under the
International Convention for the Prevention of
Pollution from Ships, 1973/78 (MARPOL), Annex VI,
Regulation 4; and
(B) the Administrator determines that compliance
with the requirements described in subparagraph (A)
provides a degree of overall protection of the public
health and welfare (based on fleet averaging, weighted
averaging, weighted and unweighted emissions averaging
calculations, and such other measures as determined
appropriate by the Administrator) that is equivalent to
the degree of such protection provided by compliance
with United States sulfur content fuel requirements;
and
(2) the owner or operator of a vessel opting into the pilot
project continues to be subject to United States sulfur content
fuel requirements while at berth or anchor.
(b) For purposes of evaluating the results of such pilot project,
the Administrator of the Environmental Protection Agency shall complete
atmospheric modeling and actual ambient air testing to determine the
environmental and economic effectiveness of United States sulfur
content fuel requirements, in combination with the requirements
described in subsection (a)(1)(A), particularly as such effectiveness
relates to Alaska and Hawaii.
(c) In this section:
(1) The term ``North American Emission Control Area'' means
the North American Emission Control Area designated pursuant to
the Act to Prevent Pollution from Ships.
(2) The term ``United States sulfur fuel requirements''
means the requirements under Federal and State law applicable
to the sulfur content of the fuel used for operation of the
vessel.
municipal separate storm sewer system permitting
Sec. 441. Section 402(p)(3) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(p)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Limitation.--The Administrator or a State may
not require a municipality operating a municipal
separate storm sewer system serving a population of
less than 100,000 to obtain a permit under this
subsection for a discharge that--
``(i) is composed entirely of stormwater
from a facility that is not owned or operated
by the municipality; and
``(ii) does not enter into the municipal
separate storm sewer system.''.
buy american
Sec. 442. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made
available by a drinking water treatment revolving loan fund as
authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment works
unless all of the iron and steel products used in the project are
produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction and
building materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall provide an informal notice of and
opportunity for public comment on the request at least 15 days before
making a finding based on the request. Notice provided under this
subsection shall include the information available to the Administrator
concerning the request and shall be provided by electronic means,
including on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 1 percent of the funds
appropriated by this Act for carrying out the provisions described in
subsection (a)(1) for management and oversight of the requirements of
this section.
(f) This section does not apply with respect to a project if a
State agency approves the engineering plans and specifications for the
project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to October 1,
2012, or the date of the enactment of this Act, whichever is later.
lead test kit
Sec. 443. None of the funds made available by this Act may be used
to implement or enforce regulations under subpart E of part 745 of
title 40, Code of Federal Regulations (commonly referred to as the
``Lead; Renovation, Repair, and Painting Rule''), or any subsequent
amendments to such regulations, until the Administrator of the
Environmental Protection Agency publicizes Environmental Protection
Agency recognition of a commercially available lead test kit that meets
both criteria under section 745.88(c) of title 40, Code of Federal
Regulations.
mobile source emissions
Sec. 444. None of the funds made available by this Act may be
used--
(1) to prepare, propose, promulgate, finalize, implement,
or enforce any regulation under section 202 of the Clean Air
Act (42 U.S.C. 7521) regarding the regulation of emissions of
any greenhouse gas from new motor vehicles or new motor vehicle
engines that are manufactured after model year 2016 to address
climate change; or
(2) to consider or grant a waiver under section 209(b) of
such Act (42 U.S.C. 7543(b)) so that a State or political
subdivision thereof may adopt or attempt to enforce standards
for the control of emissions of any greenhouse gas from new
motor vehicles or new motor vehicle engines that are
manufactured after model year 2016 to address climate change.
pesticide labels
Sec. 445. None of the funds made available by this Act may be used
by the Administrator of the Environmental Protection Agency to finalize
the Proposed Guidance on False or Misleading Pesticide Product Brand
Names, as contained in Draft Pesticide Registration Notice 2010-X
(Docket ID EPA-HQ-OPP-2010-0282).
asbestos neshap
Sec. 446. None of the funds made available by this Act may be used
to implement, administer, or enforce the National Emission Standards
for Hazardous Air Pollutants regulations for asbestos under subpart M
of part 61 of title 40, Code of Federal Regulations with respect to any
residential building that has 4 or fewer dwelling units, unless such
building falls within the definition of ``installation'' under such
regulations.
financial assurance
Sec. 447. None of the funds made available by this Act may be used
to develop, propose, finalize, implement, enforce, or administer any
regulation that would establish new financial responsibility
requirements pursuant to section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9608(b)).
ghg nsps
Sec. 448. None of the funds made available by this Act may be used
to develop, issue, implement, or enforce any regulation or guidance
under section 111 of the Clean Air Act establishing any standard of
performance applicable to the emission of any greenhouse gas by any new
or existing source that is an electric utility generating unit.
cost manual update
Sec. 449. Not later than 30 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall begin development of a seventh edition of the document entitled
``EPA Air Pollution Control Cost Manual''. The Administrator shall
consult, and seek comment from, State, local, and tribal departments of
environmental quality during development of such seventh edition, and
provide opportunity for public comment.
comments on air quality models
Sec. 450. Not later than 30 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall publish in the Federal Register a notice to solicit comment on
revising the Agency's ``Guideline on Air Quality Models'' under
appendix W to part 51 of title 40, Code of Federal Regulations, to
allow flexible modeling approaches and to adopt the most recently
published version of the CALPUFF modeling system (or portions thereof)
as a preferred air quality model under such Guideline.
spending reduction account
Sec. 451. 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
$398,000,000.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2013''.
Union Calendar No. 426
112th CONGRESS
2d Session
H. R. 6091
[Report No. 112-589]
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
July 10, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 112-589, by Mr. Simpson.
The House Committee on Appropriations reported an original measure, H. Rept. 112-589, by Mr. Simpson.
Placed on the Union Calendar, Calendar No. 426.
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