H.R. 6091 (112th): Department of the Interior, Environment, and Related Agencies Appropriations Act, 2013

Introduced:
Jul 10, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Michael “Mike” Simpson [R-ID2]
Status:
Died (Reported by Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on July 10, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced Jul 10, 2012
Reported by Committee Jul 10, 2012
Cosponsors
none
Committees

House Appropriations

The committee chair determines whether a bill will move past the committee stage.

Full Title

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2013, and for other purposes.

Summary

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Text

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Last updated Jul 10, 2012.
142 pages

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

7/10/2012--Reported to House without amendment. (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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 111 -
Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marketing of salmonid stocks, intended for harvest, that are released from federally operated or financed hatcheries.
Section 112 -
Allows, beginning in FY2014, a person to bring a civil action challenging a decision of the BLM concerning grazing on public lands 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 a stay. Permits consideration of an issue in the judicial review of such decision only if such issue was raised in such administrative review process.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 407 -
Regulates contract support costs.
Section 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.
Section 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.
Section 411 -
Regulates specified Alaskan timber sales.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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).
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.

House Republican Conference Summary

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House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 68 Stat. 674
  • 82 Stat. 1356
  • 90 Stat. 272
  • 114 Stat. 996
  • 118 Stat. 3102
  • 123 Stat. 2961
  • 125 Stat. 1043
  • 125 Stat. 1046
  • 125 Stat. 1047

Other Citations

  • 10 U.S.C. Chapter 137
  • 28 U.S.C. Chapter 171
  • 31 U.S.C. Chapter 35
  • 31 U.S.C. Chapter 69
  • 40 U.S.C. Chapter 87
  • 41 U.S.C. Chapter 33