H. Rept. 112-589 - 112th Congress (2011-2012)
July 10, 2012, As Reported by the Appropriations Committee

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House Report 112-589 - DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATION BILL, 2013




[House Report 112-589]
[From the U.S. Government Printing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-589

======================================================================



 
     DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATION BILL, 2013

                                _______
                                

 July 10, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

          Mr. Simpson, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6091]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Department of the Interior, the 
Environmental Protection Agency, and Related Agencies for the 
fiscal year ending September 30, 2013. The bill provides 
regular annual appropriations for the Department of the 
Interior (except the Bureau of Reclamation and the Central Utah 
Project), the Environmental Protection Agency, and for other 
related agencies, including the Forest Service, the Indian 
Health Service, the Smithsonian Institution, and the National 
Foundation on the Arts and the Humanities.

                                CONTENTS

_______________________________________________________________________


                                                            Page number

                                                            Bill Report
Title I--Department of the Interior:
        Bureau of Land Management..........................     2
                                                                     12
        United States Fish and Wildlife Service............     8
                                                                     18
        National Park Service..............................    14
                                                                     24
        United States Geological Survey....................    17
                                                                     30
        Bureau of Ocean Energy Management..................    20
                                                                     31
        Bureau of Safety and Environmental Enforcement.....    21
                                                                     32
        Office of Surface Mining Reclamation and 
            Enforcement....................................    23
                                                                     33
        Bureau of Indian Affairs and Bureau of Indian 
            Education......................................    26
                                                                     34
        Office of the Secretary............................    34
                                                                     37
        Insular Affairs....................................    36
                                                                     39
        Office of the Solicitor............................    39
                                                                     40
        Office of Inspector General........................    39
                                                                     40
        Office of the Special Trustee for American Indians.    40
                                                                     40
Department-wide Programs:
        Wildland Fire Management, Interior Department......    41
                                                                     41
        FLAME Wildfire Suppression Reserve Fund, Interior 
            Department.....................................    45
                                                                     42
        Central Hazardous Materials Fund...................    45
                                                                     42
        Natural Resource Damage Assessment and Restoration.    46
                                                                     43
        Working Capital Fund...............................    46
                                                                     43
        General Provisions, Department of the Interior.....    48
                                                                     44
Title II--Environmental Protection Agency:
        Science and Technology.............................    58
                                                                     46
        Environmental Programs and Management..............    58
                                                                     50
        Office of Inspector General........................    59
                                                                     59
        Buildings and Facilities...........................    59
                                                                     60
        Hazardous Substance Superfund......................    60
                                                                     60
        Leaking Underground Storage Tank Program...........    60
                                                                     62
        Inland Oil Spill Program...........................    61
                                                                     63
        State and Tribal Assistance Grants.................    61
                                                                     64
        Administrative Provisions..........................    66
                                                                     66
Title III--Related Agencies:
        Forest Service, U.S. Department of Agriculture.....    68
                                                                     67
        Forest Service, Wildland Fire Management...........    73
                                                                     76
        FLAME Wildfire Suppression Reserve Fund, Forest 
            Service........................................    76
                                                                     78
        Indian Health Service, DHHS........................    84
                                                                     79
        National Institute of Environmental Health Sciences    92
                                                                     82
        Agency for Toxic Substances and Disease Registry...    92
                                                                     83
Other Related Agencies:
        Council on Environmental Quality and Office of 
            Environmental Quality..........................    94
                                                                     84
        Chemical Safety and Hazard Investigation Board.....    94
                                                                     84
        Office of Navajo and Hopi Indian Relocation........    95
                                                                     84
        Institute of American Indian and Alaska Native 
            Culture and Arts Development...................    96
                                                                     85
        Smithsonian Institution............................    96
                                                                     85
        National Gallery of Art............................    98
                                                                     87
        John F. Kennedy Center for the Performing Arts.....   100
                                                                     88
        Woodrow Wilson International Center for Scholars...   100
                                                                     88
        National Endowment for the Arts....................   100
                                                                     89
        National Endowment for the Humanities..............   101
                                                                     90
        Commission of Fine Arts............................   102
                                                                     91
        National Capital Arts and Cultural Affairs.........   103
                                                                     92
        Advisory Council on Historic Preservation..........   103
                                                                     92
        National Capital Planning Commission...............   103
                                                                     93
        United States Holocaust Memorial Museum............   104
                                                                     93
        Presidio Trust.....................................   N/A
                                                                     94
        Dwight D. Eisenhower Memorial Commission...........   N/A
                                                                     94
Title IV--General Provisions                                  104
                                                                     95

                              INTRODUCTION

    The fiscal year 2013 bill has been developed following 
careful consideration of the facts and details available to the 
Committee. The Committee recommends $28,000,000,000 to fund the 
Department of the Interior, the Environmental Protection 
Agency, the U.S. Forest Service, the Indian Health Service, the 
Smithsonian Institution, and 18 other related agencies.
    This amount reflects a $1,174,992,000 reduction in spending 
from the fiscal year 2012 enacted level and a $1,667,096,000 
reduction from the budget request. Overall spending is reduced 
by four percent from fiscal year 2012 and six percent below the 
budget request.
    The amounts in the accompanying bill are reflected by title 
in the table below. In addition, a detailed table providing the 
recommended amounts for each agency/bureau, account, or program 
funded through this bill is included at the end of this report.

             BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE


                           DISCRETIONARY BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE
----------------------------------------------------------------------------------------------------------------
                                                                                                 Committee bill
                        Activity                         Budget estimates,   Committee bill,     compared with
                                                          fiscal year 2013   fiscal year 2013   budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior:
    New budget authority...............................    $10,379,617,000     $9,902,498,000      -$477,119,000
Title II, Environmental Protection Agency:
    New budget authority...............................      8,344,480,000      7,055,041,000     -1,289,439,000
Title III, Related Agencies:
    New budget authority...............................     10,942,999,000     10,644,461,000       -298,538,000
Title IV, General Provisions:
    New budget authority...............................                  0                  0                  0
                                                        --------------------------------------------------------
      Total, New budget authority......................     29,667,096,000     27,602,000,000     -2,065,096,000
----------------------------------------------------------------------------------------------------------------

                              BILL SUMMARY

                   FOCUSING ON PROVEN, CORE PROGRAMS

    The fiscal challenges facing our country today are evident 
in record Federal budget deficits and our staggering national 
debt. Today, the Federal government borrows over 40 cents for 
each dollar that it spends. While our country's fiscal 
challenges can't be addressed with cuts to discretionary 
programs, alone, the Committee has an obligation to reverse 
unsustainable patterns of spending growth. The fiscal year 2013 
Interior, Environment, and Related Agencies appropriations bill 
is a step forward in that direction.
    The Subcommittee has made difficult choices in fashioning 
its budget recommendations. Members of Congress provided 
considerable input into the content of this measure. In total, 
246 Members submitted over 2,100 programmatic requests relating 
to funding levels for multiple agencies and programs.
    History has shown that bigger budgets don't necessarily 
produce better results. Each agency under the Subcommittee's 
jurisdiction is strongly encouraged to carefully evaluate how 
it conducts its work during these constrained fiscal times and 
focus on proven, cost-effective programs and on better 
management of resources.

                  OVERSIGHT AND BUDGETING FOR RESULTS

    The Interior, Environment, and Related Agencies 
Subcommittee takes seriously its oversight responsibility and 
has conducted 16 budget hearings this year (including five 
hearings involving the public and American Indians) to 
carefully review the programs and budgets under its 
jurisdiction. Over the course of these hearings, Subcommittee 
Members engaged in a rigorous process to determine the best use 
of funds to meet the substantial needs and priorities outlined 
in this report. The Subcommittee held the following oversight 
hearings over a two-month period:
    Department of the Interior FY13 budget oversight hearing--
February 16, 2012
    U.S. Forest Service FY13 budget oversight hearing--February 
17, 2012
    Indian Health Service FY13 budget oversight hearing--
February 28, 2012
    Bureau of Indian Affairs FY13 budget oversight hearing--
February 28, 2012
    EPA FY13 budget oversight hearing--February 29, 2012
    Fish and Wildlife Service FY13 budget oversight hearing--
March 1, 2012
    Bureau of Land Management FY13 budget oversight hearing--
March 6, 2012
    U.S. Geological Survey FY13 budget oversight hearing--March 
6, 2012
    Bureau of Ocean Energy Management/Bureau of Safety and 
Environmental Enforcement FY 13 budget oversight hearing--March 
7, 2012
    Smithsonian Institution FY13 budget oversight hearing--
March 20, 2012
    National Park Service FY13 budget oversight hearing--March 
20, 2012
    Public Witnesses--March 21, 2012
    Public Witnesses--March 22, 2012
    American Indian/Alaska Native Public Witnesses--March 27, 
2012 (morning)
    American Indian/Alaska Native Public Witnesses--March 27, 
2012 (afternoon)
    American Indian/Alaska Native Public Witnesses--March 28, 
2012 (morning)
    In total, 139 individuals representing the Executive 
Branch, the U.S. Congress, State and local governments, the 
public, and American Indians/Alaska Natives testified before 
the Subcommittee. The perspectives shared on a wide-range of 
issues were essential to the Subcommittee as it conducted a 
thorough review of the budget request.
    In addition to those who testified personally, over 150 
individuals and organizations have provided written testimony 
for the permanent hearing record. These hearings are contained 
in eight published volumes totaling nearly 10,000 pages which 
are publicly available online.
    Inherent in the Committee's oversight function is the 
responsibility to determine not only appropriate funding levels 
for the next fiscal year but also what levels of funding remain 
from past years. In furtherance of its oversight 
responsibility, the Committee included in the fiscal year 2012 
Interior, Environment, and Related Agencies conference report a 
requirement that the Department of the Interior, EPA, Forest 
Service, and the Indian Health Service report to the Committee 
on a quarterly basis on the status of balances of 
appropriations including all uncommitted, committed, and 
unobligated funds in each program and activity. This bill 
language within Title IV General Provisions is continued in the 
fiscal year 2013 bill. The Committee directs that agency 
reports show the status of balances at the appropriation 
account level, as well as at budget activity or other lower 
levels where such levels are reflected in the Committee's 
report accompanying an appropriation act.
    Oversight of Federal agencies extends beyond dollars and 
cents. During this time of record budget deficits, the 
Committee is not only carefully scrutinizing how each taxpayer 
dollar is spent but ensuring that agencies are meeting 
Congressional mandates and achieving measurable results.
    The Committee recognizes that the traditional approach to 
budgeting tends toward stove-piping and can distract both 
Congress and Federal agencies from setting and accomplishing 
measurable goals. Ideally, agencies should apply expertise in 
setting and meeting goals to carry out their overall mission 
and be held accountable to Congress and the taxpayer. The 
Committee believes that such a process would result in greater 
transparency and accountability, more efficient use of taxpayer 
dollars, and, ultimately, better government for the American 
people.
    In light of this goal, the Committee has continued an 
approach begun last year by funding the Forest Service's 
Integrated Resource Restoration (IRR) initiative on a proof of 
concept pilot basis. The Committee applauds the agency's 
efforts to focus the budgeting process on achieving overall 
goals in its multiple-use mandate and recognizes that IRR 
provides more flexibility to meet big-picture goals. The 
Committee will continue carefully evaluating whether the IRR 
pilot program helps the Service to better set, accomplish, and 
report management goals and enhance transparency and 
accountability, as well as whether a similar budget structure 
might provide better results for other agencies as well.

                ENVIRONMENTAL PROTECTION AGENCY FUNDING

    The Environmental Protection Agency (EPA) continues to play 
an important role in protecting public and environmental 
health. Our country has made great strides in cleaning up 
pollution in the air, water, and soil over the past four 
decades. However, the Committee remains concerned about the 
efforts of the EPA to expand its regulatory authority beyond 
what Congress intended by legislating via regulation. The 
Committee is concerned about the economic uncertainty created 
by the proliferation of new regulations proposed by the agency. 
The impact of the EPA's regulatory agenda on our national 
economy--from the tremendous burdens it places on small 
businesses and large industries to the impacts felt in small 
towns and rural communities across America to lost jobs and 
lost economic production--is staggering.
    The Committee notes that the EPA's overall budget has grown 
significantly in recent years. In calendar year 2009, the 
agency received over $25 billion in combined stimulus funding 
and regular appropriations. Between 2009 and 2010 EPA's budget 
increased by $2.65 billion, a 35 percent increase in that 
calendar year. Therefore, even with targeted reductions to the 
Agency's budget in fiscal years 2011 and 2012, EPA's proposed 
budget for 2013, if enacted, would be its fifth highest budget 
ever.
    The Committee has proposed a $1.4 billion, or 17 percent, 
reduction in this bill from the fiscal year 2012 enacted level. 
These cuts restore a needed balance to the EPA's budget, in 
light of previous increases and the severe fiscal challenges 
facing our country.
    The Committee notes that $866 million of this reduction 
comes from the Clean Water and Safe Drinking Water State 
Revolving Funds (SRFs). The recommended funding level for the 
SRFs in fiscal year 2013 is consistent with the Committee's 
recommendation in the fiscal year 2012 bill. While the 
Committee recognizes the importance of the SRFs as a key 
component of the nation's infrastructure investment, these 
accounts received $6 billion in the American Recovery and 
Reinvestment Act (ARRA) of 2009 and a 130 percent increase in 
funding in fiscal year 2010. This funding served as the 
equivalent of six years' worth of appropriations in one 
calendar year.
    The EPA and the States should continue to focus on fully 
allocating and spending previously appropriated funds. In 
addition, funding these accounts through regular appropriations 
is simply unsustainable given ever growing needs. The Committee 
continues to encourage the appropriate authorizing committees 
to examine alternative funding mechanisms for the SRFs that are 
sustainable in the long-term.

              COST OF LITIGATION AND LACK OF TRANSPARENCY

    The Committee continues to be concerned that many of the 
legitimate goals of the Forest Service, the Department of the 
Interior, and other agencies under the Committee's 
jurisdiction--as well as the work of this Committee--are 
undermined by litigation filed in an effort to shift land 
management decisions from the agencies tasked by Congress with 
those responsibilities to the courts, regardless of merit. As 
litigation costs siphon funding away from critical priority 
programs, agencies are forced to divert budgets intended for 
effective land management away from carrying out activities 
associated with their congressionally-directed missions.
    In response to concerns about the cost of litigation and 
agencies' inability to account for them, the Committee took a 
number of steps in the fiscal year 2012 Interior, Environment, 
and Related Agencies conference report to increase transparency 
and ensure greater accountability of taxpayer dollars. This 
included directing the Department of the Interior, the EPA, and 
the Forest Service to make publicly available detailed Equal 
Access to Justice Act (EAJA) fee information as well as legal 
fees and costs resulting from settlements on other statutes. 
The Committee expressed concern that, in most cases, agencies 
did not track this information and could not account for 
dollars appropriated or otherwise spent on paying for attorney 
fees.
    A recent GAO report on the issue entitled, ``Limited Data 
Available on USDA and Interior Attorney Fee Claims and 
Payments'' determined that most of the agencies did not have 
this information readily available and could not determine who 
received payments or how much of each agency's budget was being 
used to pay for attorney fees. According to the report, ``Most 
USDA and Interior agencies did not have readily available 
information on attorney fee claims and payments made under EAJA 
and other fee-shifting statutes for fiscal years 2000 through 
2010. As a result, there was no way to readily determine who 
made claims, the total amount each department paid or awarded 
in attorney fees, who received the payments, or the statutes 
under which the cases were brought for the claims over the 11-
year period. Both USDA and Interior officials stated that given 
the decentralized nature of their departments and the absence 
of an external requirement to track or report on attorney fee 
information, decisions such as whether to track attorney fee 
data and the manner in which to do so are best handled at the 
agency level.''
    The Committee notes that a Federal appeals court recently 
ruled that a judge awarded excessive attorney's fees to an 
environmental group following a dispute over Federal grazing 
permits. The San Francisco-based Ninth Circuit Court of Appeals 
ruled unanimously that EAJA ``generally does not allow for the 
award of fees for administrative proceedings.'' In its 
decision, the court concluded, ``An award of fees in this case 
would conflict with Congress's express limitation on fee awards 
for pre-litigation administrative proceedings involving grazing 
permit proceedings.''
    Given continued concern about this issue, the Committee is 
not only continuing reporting requirements included in last 
year's conference report, but is also taking additional steps 
to address the costs of litigation. The Committee again directs 
the Department of the Interior, the Environmental Protection 
Agency and the Forest Service to provide to the House and 
Senate Committees on Appropriations and make publicly 
available, no later than 60 days after enactment of this Act, 
and with each agency's annual budget submission thereafter, the 
following information: detailed reports on the amount of 
program funds used; the names of the fee recipients; the names 
of the Federal judges; the disposition of the applications 
(including any appeal of action taken on the applications); the 
hourly rates of attorney and expert witnesses stated in the 
applications that was awarded as a result of litigation; and a 
brief summary of the case. The Committee also directs the 
Department of the Interior, Environmental Protection Agency, 
and Forest Service to report the same information on non-EAJA 
settlements with litigants. Further, the Committee directs the 
agency to record the disposition as a win, loss, or settlement 
based on the case itself, not based on the settlement necessary 
to determine potential EAJA fees. If the agencies lose a case 
and negotiate a settlement for EAJA, the disposition should be 
recorded as a loss.
    The Committee is pleased that the Department of the 
Interior and Environmental Protection Agency made an effort to 
comply with EAJA reporting but notes that the reports lacked 
detailed data as directed in the fiscal year 2012 Interior, 
Environment, and Related Agencies conference report. The 
Committee is disappointed with the Forest Service's late 
response to the reporting requirements. Each of the agencies is 
directed to incorporate the information listed above into 
fiscal year 2014 budget justifications.

                         EXPIRED AUTHORIZATIONS

    No less than 51 agencies and/or programs under the 
jurisdiction of the Interior, Environment, and Related Agencies 
Subcommittee remain unauthorized or have an expired 
Congressional authorization of appropriations (see 
``Appropriations Not Authorized by Law'' at the back of the 
report). Together these unauthorized agencies and programs 
comprise nearly $6 billion of this fiscal year 2013 
appropriation bill.
    Given the number of unauthorized programs, the Committee 
reserves the option to limit future funding for unauthorized 
programs or discontinue funding all together. In the fiscal 
year 2013 appropriations bill, the Committee has exercised that 
option by decreasing or terminating funding for fish and 
wildlife conservation; funding for USGS science programs; EPA's 
U.S.-Mexico border grant program; EPA's environmental education 
program; and others.
    The Committee urges the appropriate authorizing committees 
to expeditiously reauthorize these and other unauthorized 
agencies and/or programs in a timely fashion and encourages all 
entities with an interest in these laws to work with those 
authorizing committees to do so.

               AMERICAN INDIAN AND ALASKA NATIVE PROGRAMS

    In preparation of the fiscal year 2013 budget, the 
Subcommittee held two days of hearings and received oral or 
written testimony from nearly 200 witnesses on a variety of 
topics pertaining to American Indian and Alaska Native 
programs. By far the topics of most concern to the witnesses 
dealt with economic empowerment, self-determination, health 
care, crime, and education. The Subcommittee heard these 
concerns and is working to address these issues on a bipartisan 
basis.
    The Committee recognizes that conditions facing American 
Indians and Alaska Natives are reflected in some of the worst 
health, education, and crime statistics of any demographic 
group in the nation. Additional funding alone will not address 
these challenges, but by continuing to target specific 
concerns, the Committee is attempting to meaningfully address 
programs and policies that empower and improve the lives of 
American Indians and Alaska Natives. Funding increases provided 
in fiscal year 2013 and prior years are, by design, gradual 
steps in the implementation of this policy. Future increases 
will be predicated on the ability of the agencies and American 
Indian and Alaska Native leaders to continue to demonstrate 
results.

                    PAYMENTS IN LIEU OF TAXES (PILT)

    The Payments in Lieu of Taxes (PILT) program provides 
compensation to local governments for the loss of tax revenue 
resulting from the presence of Federal land in their county or 
State. In 2011, 49 states, the District of Columbia, Guam, the 
Commonwealth of Puerto Rico, and the U.S. Virgin Islands 
received PILT payments.
    Mandatory funding for PILT payments is scheduled to expire 
on September 30, 2012. At the time of the markup of the fiscal 
year 2013 Interior, Environment, and Related Agencies 
Appropriations bill, much uncertainty remained over this 
expiring mandatory authorization being extended. The 
Subcommittee has included bill language extending by one year 
the mandatory authorization for full PILT funding for fiscal 
year 2013.
    The Committee urges the authorizing committees to extend 
mandatory PILT payments by the time House and Senate conferees 
on the Interior, Environment, and Related Agencies 
Appropriations bill complete work on the fiscal year 2013 
conference report.

            LAND AND WATER CONSERVATION FUND (LWCF) PROGRAMS

    The Committee recommends $66,000,000 for Land and Water 
Conservation Fund (LWCF) programs, $256,349,000 below fiscal 
year 2012 enacted levels and $383,934,000 below the 2012 budget 
request. The recommended level is consistent with the 
Committee's recommendation in the fiscal year 2012 
appropriation bill. Funding is provided to continue to oversee 
projects that were funded in previous years. Non-Federal LWCF 
programs are minimally funded to allow for a limited number of 
new acquisitions. No funding is provided for new Federal 
acquisitions other than for small inholdings and recreational 
access in national forests and on BLM lands. The Committee 
directs the Forest Service and the Department of the Interior 
to develop and implement a standard definition and policy for 
the use of inholdings funding.
    The Committee notes that the Administration's fiscal year 
2013 budget request included a new category of Federal funds 
for large-scale projects that were developed in close 
coordination between the Forest Service and the Department of 
the Interior. Despite repeated requests by the Committee, the 
Administration has failed to submit consolidated, prioritized 
project lists for each of the four Federal programs. As a 
result, the Committee thus far has insufficient information to 
determine which projects would be implemented with limited 
funds. Until the Administration submits such prioritized lists, 
updated as needed to reflect changing real estate market 
conditions, the Committee will not invest in new projects.

                             CLIMATE CHANGE

    The Committee remains skeptical of the Administration's 
efforts to re-package existing programs and fund new ones in 
the name of climate change. That the climate is changing is not 
in dispute. However, recent rapid increases in funding and the 
number of new and seemingly duplicative programs are 
potentially wasteful. In this bill alone, between 2008 and 
2011, climate change funding grew from $192 million to $372 
million--a staggering 93 percent increase.
    There must be a significant improvement in the level of 
coordination and communication of climate change activities, 
budgets, and accomplishments across the Federal agencies funded 
in this bill and across the entire Federal government if there 
is to be further investment by this Committee. That level of 
coordination and communication continues to be lacking, which 
is why the fiscal year 2012 Interior, Environment, and Related 
Agencies conference report included a seven percent cut to 
climate change spending. The Committee has proposed cutting 
climate change spending an additional 29 percent in this bill, 
terminating six programs and denying two new starts requested 
by the Administration.

                            INVASIVE SPECIES

    Throughout the fiscal year 2013 budget oversight process, 
the Subcommittee has discussed the dangers of the spread of 
invasive species in places like the Everglades, the Great 
Lakes, and western river systems. Invasive snakes, fish, 
mussels, and plants for example have demonstrated the potential 
to completely alter ecosystems and inflict hundreds of millions 
of dollars in economic damages.
    The Committee is concerned about the decline in funding for 
a problem that only continues to grow. For example, the Fish 
and Wildlife Service supports only two full-time staff to 
designate injurious species under the authority of the Lacey 
Act. Further, even after each State and territory developed 
invasive species plans as mandated under the Nonindigenous 
Aquatic Nuisance Species Prevention and Control Act, less than 
$30,000 annually is appropriated to each State and territory to 
implement those plans. Despite deep cuts elsewhere in this 
bill, the Committee is placing a higher priority on invasive 
species prevention, containment, and enforcement in fiscal year 
2013 by level-funding or, in some cases, increasing funding for 
on-the-ground implementation programs.
    While efforts have been made at various levels to 
coordinate a Federal response to invasive species, the 
Committee remains concerned that this coordination is not 
leading to sufficient resources being spent on the ground where 
these challenges most frequently occur. The Committee strongly 
encourages national and regional coordinating bodies, such as 
the National Invasive Species Council and the Aquatic Nuisance 
Species Task Force, to increase the proportion of funding for 
on-the-ground activities in fiscal year 2013. The Committee 
remains committed to addressing this issue fully and intends to 
hold oversight hearings with appropriate Federal officials and 
stakeholders.

                         NATIONAL OCEAN POLICY

    The bill includes within Title IV General Provisions 
language prohibiting the use of funds for Executive Order 13547 
regarding National Ocean Policy; requiring a report to Congress 
of all Federal expenditures on such Policy during fiscal years 
2011 and 2012; and requiring the President's fiscal year 2014 
budget submission to account for all proposed National Ocean 
Policy funding.
    The Committee notes with considerable skepticism that the 
Department of the Interior, for example, submitted an 
``Oceans'' crosscut budget of $931 million for fiscal year 2013 
yet has informed the Committee in writing that only $2 million 
would be spent on National Ocean Policy. Further, none of the 
other agencies in this bill have been able to identify funding 
related to National Ocean Policy within their respective 
budgets. Therefore, the Committee is including the general 
provision to give the Congress time to ascertain the 
potentially far-reaching impacts of this new policy, which was 
established in 2010 without Congressional input, and to direct 
the Administration to fully account for Federal funding spent 
to date on the policy's development and implementation.

                        REPROGRAMMING GUIDELINES

    The following are the procedures governing reprogramming 
actions for programs and activities funded in the Department of 
the Interior, Environment, and Related Agencies Appropriations 
Act.
    Definitions.--``Reprogramming,'' as defined in these 
procedures, includes the reallocation of funds from one budget 
activity, budget line-item or program area, to another within 
any appropriation funded in this Act. In cases where either the 
House or Senate Committee report displays an allocation of an 
appropriation below those levels, that more detailed level 
shall be the basis for reprogramming.
    For construction, land acquisition, and forest legacy 
accounts, a reprogramming constitutes the reallocation of 
funds, including unobligated balances, from one construction, 
land acquisition, or forest legacy project to another such 
project.
    A reprogramming shall also consist of any significant 
departure from the program described in the agency's budget 
justifications. This includes proposed reorganizations, 
especially those of significant national or regional 
importance, even without a change in funding. Any change to the 
organization table presented in the budget justification shall 
be subject to this requirement.
    General Guidelines for Reprogramming.--
    (a) A reprogramming should be made only when an unforeseen 
situation arises, and then only if postponement of the project 
or the activity until the next appropriation year would result 
in actual loss or damage.
    (b) Any project or activity, which may be deferred through 
reprogramming, shall not later be accomplished by means of 
further reprogramming, but instead, funds should again be 
sought for the deferred project or activity through the regular 
appropriations process.
    (c) Except under the most urgent situations, reprogramming 
should not be employed to initiate new programs or increase 
allocations specifically denied or limited by Congress, or to 
decrease allocations specifically increased by the Congress.
    (d) Reprogramming proposals submitted to the House and 
Senate Committees on Appropriations for approval shall be 
considered approved 30 calendar days after receipt if the 
Committees have posed no objection. However, agencies will be 
expected to extend the approval deadline if specifically 
requested by either Committee.
    Criteria and Exceptions.--A reprogramming must be submitted 
to the Committees in writing prior to implementation if it 
exceeds $1,000,000 annually or results in an increase or 
decrease of more than 10 percent annually in affected programs, 
with the following exceptions:
    (a) With regard to the tribal priority allocations of the 
Bureau of Indian Affairs, there is no restriction on 
reprogrammings among these programs. However, the Bureau shall 
report on all reprogrammings made during a given fiscal year no 
later than 60 days after the end of the fiscal year.
    (b) With regard to the Environmental Protection Agency, 
State and Tribal Assistance Grants account, the Committee does 
not require reprogramming requests associated with States and 
Tribes Partnership Grants.
    Assessments.--``Assessment'' as defined in these procedures 
shall refer to any charges, reserves, or holdbacks applied to a 
budget activity or budget line item for costs associated with 
general agency administrative costs, overhead costs, working 
capital expenses, or contingencies.
    (a) No assessment shall be levied against any program, 
budget activity, sub-activity, budget line item, or project 
funded by the Interior, Environment, and Related Agencies 
Appropriations Act unless such assessment and the basis 
therefore are presented to the Committees on Appropriations in 
the budget justifications and are subsequently approved by the 
Committees. The explanation for any assessment in the budget 
justification shall show the amount of the assessment, the 
activities assessed, and the purpose of the funds.
    (b) Proposed changes to estimated assessments, as such 
estimates were presented in annual budget justifications, shall 
be submitted through the reprogramming process and shall be 
subject to the same dollar and reporting criteria as any other 
reprogramming.
    (c) The Committees direct that each agency or bureau which 
utilizes assessments shall submit an annual report to the 
Committees which provides details on the use of all funds 
assessed from any other budget activity, line item, sub-
activity, or project.
    (d) In no case shall contingency funds or assessments be 
used to finance projects and activities disapproved or limited 
by Congress, or to finance programs or activities that could be 
foreseen and included in the normal budget review process.
    (e) New programs requested in the budget should not be 
initiated before enactment of the bill without notification to, 
and the approval of, the Committees on Appropriations. This 
restriction applies to all such actions regardless of whether a 
formal reprogramming of funds is required to begin the program.
    Quarterly Reports.--All reprogrammings between budget 
activities, budget line-items, program areas, or the more 
detailed activity levels shown in the Statement of the 
Managers, including those below the monetary thresholds 
established above, shall be reported to the Committees within 
60 days of the end of each quarter and shall include cumulative 
totals for each budget activity, budget line item, or 
construction, land acquisition, or forest legacy project.
    Land Acquisitions, Easements, and Forest Legacy.--Lands 
shall not be acquired for more than the approved appraised 
value (as addressed in section 301(3) of Public Law 91-646), 
unless such acquisitions are submitted to the Committees on 
Appropriations for approval in compliance with these 
procedures.
    Land Exchanges.--Land exchanges, wherein the estimated 
value of the Federal lands to be exchanged is greater than 
$1,000,000, shall not be consummated until the Committees have 
had a 30-day period in which to examine the proposed exchange. 
In addition, the Committee shall be provided advance 
notification of exchanges valued between $500,000 and 
$1,000,000.
    Budget Structure.--The budget activity or line item 
structure for any agency appropriation account shall not be 
altered without advance approval of the House and Senate 
Committees on Appropriations.
    Report Language.--Any limitation or directive contained in 
either the House or Senate report which is not contradicted by 
the other report nor specifically denied in the conference 
report shall be considered as having been approved by both 
Houses of Congress.

                  TITLE I--DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management

    The Bureau of Land Management (Bureau) is responsible for 
the multiple use management, protection, and development of a 
full range of natural resources, including minerals, timber, 
rangeland, fish and wildlife habitat, and wilderness on about 
245 million acres of the Nation's public lands and for 
management of 700 million additional acres of Federally-owned 
subsurface mineral rights. In addition, the Bureau has trust 
responsibilities on 56 million acres of Indian trust lands for 
mineral operations and cadastral surveys. Surface lands under 
direct Bureau management make up about 13 percent of the total 
land surface of the United States and more than 40 percent of 
all land managed by the Federal government, making the Bureau 
the nation's largest single land manager. The Bureau is the 
second largest provider of public outdoor recreation in the 
Western United States.
    In 1812, the General Land Office (GLO) was established to 
handle the business associated with the sale of public lands 
for private ownership, transforming wilderness to agricultural 
use, and generating income for the Federal government. Revenue 
raised by GLO land sales, mainly homesteads, was initially used 
to pay war debts. As the successor agency to the original GLO, 
the Bureau of Land Management was established in 1946 with the 
merger of the Grazing Service and the GLO.

                   MANAGEMENT OF LANDS AND RESOURCES




Appropriation enacted, 2012...........................      $960,361,000
Budget estimate, 2013.................................       952,017,000
Recommended, 2013.....................................       946,707,000
Comparison:
    Appropriation, 2012...............................       -13,654,000
    Budget estimate, 2013.............................        -5,310,000


    The Committee recommends $946,707,000 for Management of 
Lands and Resources, $13,654,000 below the fiscal year 2012 
enacted level and $5,310,000 below the budget request.
    Land Resources.--The Committee recommends $241,266,000 for 
Land Resources, $15,744,000 below the fiscal year 2012 enacted 
level and $855,000 above the budget request.
    The Committee does not provide funding for Landscape 
Conservation Cooperatives and prohibits the Bureau from using 
any funds for LCCs. The Committee questions the purpose and 
effectiveness of LCCs and believes agencies can and should 
coordinate and cooperate without LCCs.
    Range Management.--The Committee recommends $90,000,000 for 
the Range Management program, $2,608,000 above the fiscal year 
2012 enacted level and $17,673,000 above the budget request. 
The Committee rejects the Bureau's proposal to charge one 
dollar per animal unit month and directs the Bureau to instead 
report to the Committee on potential cost recovery based on 
permit administration costs, not animal unit months.
    The Committee has increased funding to address numerous 
challenges including sage grouse conservation, completion of 
grazing permit renewals, hiring of seasonal employees to ensure 
timely turn-out of livestock, annual and trend monitoring of 
grazing allotments, and improving the quality of Bureau work on 
environmental and other documents related to livestock grazing. 
The Committee commends the Bureau's range management program 
for using land stewardship to achieve long-term resource 
management goals including using grazing as a tool to prevent 
wildfire for sage grouse habitat.
    The Committee is deeply concerned by the drastic reduction 
of range specialists within the Bureau of Land Management and 
directs the Bureau to brief the Committee on how it will 
accomplish work related to range management with so few 
specialists. Further, with increased funding in fiscal year 
2012 and a recommended increase for fiscal year 2013, the 
Committee believes the Bureau must also increase the number of 
grazing permits renewed.
    The Committee includes bill language addressing range 
management in Title I General Provisions including: (1) Section 
112 permanently requiring would-be litigants to exhaust 
administrative review before bringing a civil action against 
the Bureau on grazing decisions; and, (2) Section 113 exempting 
the trailing of livestock across public land from the National 
Environmental Policy Act (NEPA) for fiscal years 2013 and 2014. 
The Committee includes bill language addressing range 
management in Title IV General Provisions (applying to both the 
Bureau and the Forest Service) including Section 412 which 
makes permanent the grazing permit renewal general provision 
allowing permits to be renewed under the same terms and 
conditions if NEPA review has not yet been completed.
    Forestry Management.--The Committee recommends $9,714,000 
for Forestry Management, equal to the fiscal year 2012 enacted 
level and $3,396,000 above the budget request. The Committee is 
deeply concerned by the proposed cut in this program and notes 
that much of the Bureau's public domain forestland is located 
in areas with high mortality due to bark beetle infestation. 
Further, the proposed reduction would greatly reduce current 
efforts to prevent catastrophic wildfires while also supporting 
small businesses in rural areas that contract with the Bureau 
to manage forests.
    Wild Horse and Burro Management.--The Committee recommends 
$64,068,000 for Wild Horse and Burro Management, $10,820,000 
below the fiscal year 2012 enacted level and $13,000,000 below 
the budget request. The Committee is again troubled by the 
increased cost of this program and notes that the Bureau 
dramatically changed its strategy last year with the promise 
that it would not request increased funding for fiscal year 
2013. To the contrary, the Bureau has requested an additional 
$3,000,000 above fiscal year 2012 enacted levels for fertility 
control.
    The Committee is very concerned about the health of Bureau 
rangelands and overgrazing from wild horses and burros now that 
the agency is no longer managing to maintain Appropriate 
Management Levels (AML) as required under the Wild Free-Roaming 
Horses and Burro Act of 1971. The Committee believes it's 
critical to balance the use of public rangelands for wildlife, 
livestock and other multiple uses. The Committee also notes 
that overgrazing from wild horses could degrade sage grouse 
habitat and contribute to the spread of invasive weeds.
    The Committee retains language prohibiting any funds from 
being used for the slaughter of wild horses and burros in 
Administrative Provisions and allowing the Bureau to enter into 
long-term contracts for holding wild horses and burros in Title 
I General Provisions.
    Native Plant Program.--The Committee is supportive of the 
Bureau of Land Management's existing plant conservation and 
native plant materials program and expects the Bureau to 
continue the program through resources provided under various 
accounts. The Committee directs the threatened and endangered 
species account to contribute to this program.
    Wildlife and Fisheries.--The Committee recommends 
$65,615,000 for Wildlife and Fisheries, $15,368,000 above the 
fiscal year 2012 enacted level, as requested. The Committee's 
recommendation includes $15,000,000, as requested, for broad-
scale sage grouse conservation activities.
    Bighorn Sheep Research.--The Bureau of Land Management is 
directed to work with the Agriculture Research Service (ARS) 
and the Forest Service to provide any information requested for 
research and analysis of bighorn sheep and domestic sheep. The 
Committee addresses at length the management of domestic sheep 
with regard to bighorn sheep later in the report (Forest 
Service, Forest and Rangeland Research, Bighorn Sheep 
Research).
    Sage Grouse.--The Committee fully funds the Bureau's 
proposal for sage grouse conservation and related resource 
management plan amendments. The Committee also directs the 
Bureau to provide assistance to States for the implementation 
of State sage grouse conservation plans to prevent the listing 
of the bird.
    The Committee continues to be concerned about the threat 
wildfire poses to the sage grouse and directs the agency to use 
resources made available under the Bureau of Land Management 
and the Department of the Interior's Wildland Fire Program to 
reduce and mitigate catastrophic fire.
    The Committee is also concerned about the lack of quality 
data with respect to sage grouse habitat mapping and notes that 
some places identified as `core habitat' were recently burned 
by catastrophic wildfire or have changed in other significant 
ways. The Committee directs the Bureau to ensure that mapping 
of habitat is verified on the ground to avoid this problem. 
Further, the Committee urges the Bureau to coordinate its 
efforts for sage grouse conservation by improving and 
protecting habitat in places that will serve as core habitat 
far into the future rather than areas that may evolve. The 
Committee also urges the Bureau to encourage map consistency by 
States as State borders may become difficult areas to manage 
due to different mapping.
    Finally, the Committee is concerned that the Bureau 
considers sage grouse protection paramount to other objectives, 
rather than incorporating sage grouse conservation into 
multiple use as required under the Federal Lands Management and 
Policy Act.
    Threatened and Endangered Species.--The Committee 
recommends $21,812,000 for Threatened and Endangered Species, 
as requested, $179,000 above the fiscal year 2012 enacted 
level.
    Recreation Management.--The Committee recommends 
$60,858,000 for Recreation Management, $6,608,000 below the 
fiscal year 2012 enacted level and $9,432,000 below the budget 
request.
    Energy and Minerals.--The Committee recommends $130,860,000 
for Energy and Minerals, $23,246,000 above the fiscal year 2012 
enacted level and $37,950,000 above the budget request. The 
Committee rejects the budget proposal to impose new inspection 
fees on onshore oil and gas producers.
    The Committee notes that production of oil and gas from 
Federal lands has decreased despite the overall increase of oil 
and gas production in the United States from State and private 
lands. The Committee is concerned that the production of oil 
and gas on Federal lands has been hurt by the perception of 
tremendous regulatory uncertainty in operating on Federal 
lands. The Committee would remind the Bureau that when 
investment capital moves to non-Federal lands that the result 
is a reduction in revenue over time to Federal and State 
treasuries.
    The Committee continues the Oil and Gas Leasing Internet 
Program through fiscal year 2013 in Title I General Provisions.
    Mining Law Administration.--The Committee recommends 
$39,696,000 for Mining Law Administration, as requested. There 
continues to be a growing awareness in Congress about the need 
for a coherent minerals policy to ensure availability of 
minerals essential to the manufacturing supply chain. 
Currently, less than half of the mineral needs of U.S. 
manufacturing are met from domestically mined resources. To 
ensure access to the minerals that are vital to our national 
and economic security, the Bureau must address the role that 
delays in permitting of mining activities, including the 
Department's overly cumbersome Federal Register clearance 
process, play in hindering the ability to develop domestic 
sources.
    The Committee is concerned that the Department has delayed 
the publication of various Land Use Analysis documents and 
Environmental Impact Statements in the Federal Register 
associated with Federal mineral lease applications submitted to 
the Bureau of Land Management. The Committee directs the 
Secretary of the Interior to provide within 30 days of 
enactment of this Act a detailed report on all land use 
analysis or environmental impact statements that have been 
prepared for review by the Office of Management and Budget but 
have not yet been published, as well as the anticipated date of 
publication.
    BLM/OSM Proposed Merger.--The Committee remains concerned 
about the lack of coordination and consultation with Congress 
on efforts to merge functions of the Bureau of Land Management 
(BLM) and the Office of Surface Mining Reclamation and 
Enforcement (OSM). The Committee believes that the proposal 
offers little administrative savings when attempting to combine 
functions of two statutorily created agencies, and directs no 
further funds be spent on studies to merge functions of BLM and 
OSM.
    Northern Arizona Mining Withdrawal.--The Committee is aware 
that on May 23, 2012 and as a part of its oversight 
responsibilities, the House Committee on Natural Resources 
provided the Secretary of the Interior with a detailed request 
for documents related to the Draft Environmental Impact 
Statement, the Final Environmental Impact Statement, and the 
Record of Decision for the Northern Arizona Mineral Withdrawal. 
The Committee directs the Secretary to fully comply with this 
document request in an expeditious manner.
    The Committee includes within Title IV General Provisions a 
correction to Section 430, Claim Maintenance Fee Amendments, 
included in the fiscal year 2012 Interior, Environment, and 
Related Agencies conference report, that changes claim 
maintenance fees for placer claims including two or more 
people, to the same fees required for individual placer claims.
    Challenge Cost Share.--The Committee recommends terminating 
the Challenge Cost Share program.
    National Landscape Conservation System.--The Committee 
recommends $20,000,000 for the National Landscape Conservation 
System base program, $11,819,000 below the fiscal year 2012 
enacted level and $15,115,000 below the budget request. The 
Committee retains language prohibiting mineral leasing within 
national monuments in Title IV General Provisions.
    International Border.--The Committee notes that since 
October, 2011, the Bureau of Land Management has brought 
additional law enforcement resources to the Sonoran Desert 
National Monument and the Ironwood Forest National Monument to 
increase pressure on drug smuggling and illegal immigration. 
The Committee also notes that the BLM has been installing 
vehicle barriers in the Sonoran Desert National Monument. These 
activities simultaneously seek to increase the security of the 
border region as well as protect the integrity of the desert 
landscape. The Committee directs the Bureau to brief the 
Committee within 180 days of enactment of this Act on the 
Bureau's plans for law enforcement activities in the border 
area.
    Wild Lands.--The Committee retains a prohibition of funds 
for Secretarial Order Number 3310 in Title I General 
Provisions.
    Hunting and Recreational Shooting.--The Committee includes 
bill language in Title IV General Provisions prohibiting the 
use of appropriated funds to close areas open to recreational 
hunting and shooting as of January 1, 2012.

                              CONSTRUCTION




Appropriation enacted, 2012...........................        $3,570,000
Budget estimate, 2013.................................                 0
Recommended, 2013.....................................                 0
Comparison:
    Appropriation, 2012...............................        -3,570,000
    Budget estimate, 2013.............................                 0


    The Committee has not provided construction funding, as 
requested.

                            LAND ACQUISITION




Appropriation enacted, 2012...........................       $22,344,000
Budget estimate, 2013.................................        33,575,000
Recommended, 2013.....................................         6,743,000
Comparison:
    Appropriation, 2012...............................       -15,601,000
    Budget estimate, 2013.............................       -26,832,000


    The Committee recommends $6,743,000 for Land Acquisition, 
$15,601,000 below the fiscal year 2012 enacted level and 
$26,832,000 below the budget request. The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report. The Committee 
has included language in the front of the report regarding Land 
and Water Conservation Fund programs.

                   OREGON AND CALIFORNIA GRANT LANDS




Appropriation enacted, 2012...........................      $111,864,000
Budget estimate, 2013.................................       112,043,000
Recommended, 2013.....................................       110,025,000
Comparison:
    Appropriation, 2012...............................        -1,839,000
    Budget estimate, 2013.............................        -2,018,000


    The Committee recommends $110,025,000 for the Oregon and 
California Grant Lands, $1,839,000 below the fiscal year 2012 
enacted level and $2,018,000 below the budget request.
    The Committee provides no funding for the new Resource 
Management planning effort for the O&C lands and subsequently 
funds resource management planning at $3,635,000. No reduction 
should be taken from other Resource Management subactivities.
    The Committee supported the Secretary's Western Oregon 
strategy pilot projects in fiscal year 2012, but notes that 
these projects have not resulted in realistic long-term 
solutions to the management of O&C lands. Contrary to the 
original purpose of the pilots to ecologically restore 
thousands of acres, projects have resulted in very few acres 
treated at a very high cost. The Committee is deeply troubled 
by new resource management plan initiatives for O&C lands after 
$18,000,000 was spent over five years to develop the last plan.
    The Committee believes a comprehensive review and change of 
current policies is necessary to meet the goals of the O&C 
Lands Act of 1937. The Committee notes that the law directs 
that these lands be managed ``for permanent forest production . 
. . with the principle of sustained yield for the purpose of 
providing a permanent source of timber supply, protecting 
watersheds, regulating stream flow, and contributing to the 
economic stability of local communities and industries, and 
providing recreational facilities'' (43 USC Sec. 1181a). Based 
on current information from the Bureau, the Committee is hard 
pressed to believe the new planning efforts will comply with 
the O&C Lands Act of 1937.

                           RANGE IMPROVEMENTS

    The Committee recommends an indefinite appropriation of not 
less than $10,000,000 to be derived from public lands receipts 
and Bankhead-Jones Farm Tenant Act lands grazing receipts.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

    The Committee recommends an indefinite appropriation 
estimated to be $31,053,000 for Service Charges, Deposits, and 
Forfeitures, as requested.

                       MISCELLANEOUS TRUST FUNDS

    The Committee recommends an indefinite appropriation 
estimated to be $19,700,000, as requested and equal to the 
fiscal year 2012 enacted level, for Miscellaneous Trust Funds.

          ADMINISTRATIVE PROVISIONS, BUREAU OF LAND MANAGEMENT

    The Committee recommendation includes the requested 
Administrative Provisions.

                United States Fish and Wildlife Service

    The mission of the U.S. Fish and Wildlife Service (Service) 
is to conserve, protect and enhance fish and wildlife and their 
habitats for the continuing benefit of people. The Service has 
responsibility for migratory birds, threatened and endangered 
species, certain marine mammals, and land under Service 
control. Currently, the Service accomplishes its mission by 
managing more than 150 million acres of land and ocean, 556 
units in the National Wildlife Refuge System, 80 Ecological 
Services Field Stations, 71 National Fish Hatcheries, one 
historical National Fish Hatchery, and numerous waterfowl 
production areas in 206 counties.

                          RESOURCE MANAGEMENT




Appropriation enacted, 2012...........................    $1,226,177,000
Budget estimate, 2013.................................     1,247,044,000
Recommended, 2013.....................................     1,040,488,000
Comparison:
    Appropriation, 2012...............................      -185,689,000
    Budget estimate, 2013.............................      -206,556,000


    The Committee recommends $1,040,488,000 for Resource 
Management, $185,689,000 below the fiscal year 2012 enacted 
level and $206,556,000 below the budget request. The Committee 
accepts the proposed transfers for the diversity office but 
does not accept the proposed land acquisition planning 
transfer. The Committee accepts the proposed program reductions 
except as otherwise indicated below. Proposed fixed costs and 
program increases are not funded. Selected additional changes 
to the budget request follow. A complete summary of the amounts 
recommended by the Committee compared with the budget estimates 
by activity are shown in the table at the end of this report. 
The Committee encourages the Service to consider all line items 
within a program element when determining how to distribute 
reductions not specified below.
    Within Candidate Conservation, the bill includes no less 
than $2,000,000 to continue multiple Service initiatives begun 
in fiscal year 2012 to work with States and private landowners 
to facilitate and increase the use of conservation agreements 
related to the Endangered Species Act. The Committee is pleased 
with the progress made by the coalition of partners of the 
Northern Rocky Mountain Multispecies Conservation Agreements 
initiative in particular, as directed by House Report 112-331. 
The Committee recognizes the monumental task being undertaken 
and that additional time and resources are needed in order for 
the partners to continue their work. The partners are directed 
to continue to report annually to Congress.
    Within Listing and Critical Habitat the Committee directs 
the following reductions: $2,568,000 from listing; $375,000 
from international listing; and $375,000 from petitions.
    The Committee directs the Fish and Wildlife Service to 
report to the Committee within 90 days of enactment of this Act 
with recommendations for conservation actions that might help 
to preclude new listings of the following four salamander 
species in Texas: Georgetown, Jollyville Plateau, Salado, and 
Austin Blind.
    The Committee directs the Service to devote sufficient 
funds from within Consultation to assure timely Biological 
Opinions on the northern spotted owl to other Federal land 
management agencies in addition to technical assistance review 
and ``no take letters'' to small landowners seeking approval to 
implement harvest plans.
    Within Recovery, the bill includes a $2,000,000 reduction 
from State of the Birds. The Committee has provided an increase 
of $1,000,000 to restore the wolf livestock loss demonstration 
program. The Committee urges the Administration to fund this 
program through the Department of Agriculture in future years.
    To ensure a timely decision on the Wyoming wolf management 
plan, the Committee has included language in the bill that 
provides a date certain for final agency action. The Committee 
notes that the pending wolf management proposal is the result 
of cooperative work between the agency and the State without 
the need for disruptive litigation. If in the future the 
Service determines that wolves elsewhere in the nation should 
be considered for delisting, such as in the desert southwest, 
this Committee will consider similar bill language until such 
time as Congress has conducted a thorough review and 
reauthorization of the ESA.
    The Committee supports the requested funding for aplomado 
falcon and California condor recovery. The Service is 
encouraged to continue to support these ongoing, successful 
partnerships.
    Within National Wetlands Inventory, the Committee supports 
continued funding for the digitization of coastal barrier maps.
    Within National Fish Hatchery System Operations, the bill 
includes an increase of $3,394,000. The Committee will continue 
to reject proposals to reduce funding in the Service's budget 
for mitigation fish hatcheries until the Administration has 
secured offsetting reimbursable funds from the responsible 
Federal agencies.
    Within Aquatic Habitat and Species Conservation, the bill 
includes reductions of $2,000,000 from Habitat Assessment and 
Restoration and $850,000 from Marine Mammals. Increases include 
$2,463,000 to implement approved State and interstate aquatic 
invasive species plans and $1,000,000 for State and Federal 
prevention, containment, and enforcement activities as 
prescribed in the February 2010 Quagga-Zebra Mussel Action Plan 
for Western U.S. Waters. The Committee supports the multi-state 
collaborative approach taken by the Service in fiscal year 
2012, and encourages continued efforts in fiscal year 2013.
    The Committee expresses concern regarding the rapid spread 
of several invasive species of Asian carp into the Upper 
Mississippi River and Ohio River basins and tributaries, which 
are threatening ecosystems and billions of dollars of economic 
activity connected to outdoor recreation in States throughout 
the Midwest. While Federal efforts have focused on preventing 
the spread of Asian carp into the Great Lakes, there is growing 
recognition of the threat these invasive species pose to other 
ecosystems in the Upper Mississippi and Ohio River basins. The 
U.S. Fish and Wildlife Service, in coordination with the Army 
Corps of Engineers, National Park Service, and U.S. Geological 
Survey, shall lead a multi-agency effort to slow the spread of 
Asian carp in the Upper Mississippi River and Ohio River basins 
and tributaries by providing high-level technical assistance, 
coordination, best practices, and support to State and local 
government strategies to slow, and eventually eliminate, the 
threat posed by Asian carp. To the maximum extent practicable, 
the multi-agency effort shall apply lessons learned and best 
practices developed under the Asian Carp Control Strategic 
Framework to efforts in the Upper Mississippi and Ohio River 
basins.

                              CONSTRUCTION




Appropriation enacted, 2012...........................       $23,051,000
Budget estimate, 2013.................................        19,136,000
Recommended, 2013.....................................        17,755,000
Comparison:
    Appropriation, 2012...............................        -5,296,000
    Budget estimate, 2013.............................        -1,381,000


    The Committee recommends $17,755,000 for Construction, 
$5,296,000 below the fiscal year 2012 enacted level and 
$1,381,000 below the budget request. The reduction below the 
budget request is from core engineering services. The amounts 
recommended by the Committee compared with the budget estimates 
by activity are shown in the table at the end of this report.

                            LAND ACQUISITION




Appropriation enacted, 2012...........................       $54,632,000
Budget estimate, 2013.................................       106,892,000
Recommended, 2013.....................................        15,047,000
Comparison:
    Appropriation, 2012...............................       -39,585,000
    Budget estimate, 2013.............................       -91,845,000


    The Committee recommends $15,047,000 for Land Acquisition, 
$39,585,000 below the fiscal year 2012 enacted level and 
$91,845,000 below the budget request. The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report. The Committee 
has included language in the front of the report regarding Land 
and Water Conservation Fund programs.

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

    The Cooperative Endangered Species Conservation Fund 
provides grants to States and territories for endangered 
species recovery actions on non-Federal lands and provides 
funds for non-Federal land acquisition to facilitate habitat 
protection. Individual States and territories provide 25 
percent of grant project costs. Cost sharing is reduced to 10 
percent when two or more States or territories are involved in 
a project.




Appropriation enacted, 2012...........................       $47,681,000
Budget estimate, 2013.................................        60,000,000
Recommended, 2013.....................................        14,129,000
Comparison:
    Appropriation, 2012...............................       -33,552,000
    Budget estimate, 2013.............................       -45,871,000


    The Committee recommends $14,129,000 for the Cooperative 
Endangered Species Conservation Fund, $33,552,000 below the 
fiscal year 2012 enacted level and $45,871,000 below the budget 
request. The Committee recommendation includes funding for 
administration of ongoing projects funded in prior years, and 
limited funding for HCP land acquisition. The amounts 
recommended by the Committee compared with the budget estimates 
by activity are shown in the table at the end of this report. 
The Committee has included language in the front of the report 
regarding Land and Water Conservation Fund programs.

                     NATIONAL WILDLIFE REFUGE FUND

    This program makes payments in lieu of taxes based on their 
fair market value to counties in which Service lands are 
located. Payments to counties are estimated to be $16,857,000 
in fiscal year 2013, with $11,958,000 derived from this 
appropriation and $4,899,000 from the net refuge receipts 
estimated to be collected in fiscal year 2012.




Appropriation enacted, 2012...........................       $13,958,000
Budget estimate, 2013.................................                 0
Recommended, 2013.....................................        11,958,000
Comparison:
    Appropriation, 2012...............................        -2,000,000
    Budget estimate, 2013.............................       +11,958,000


    The Committee recommends $11,958,000 for the National 
Wildlife Refuge Fund, $2,000,000 below the fiscal year 2012 
enacted level and $11,958,000 above the budget request.

               NORTH AMERICAN WETLANDS CONSERVATION FUND

    The U.S. Fish and Wildlife Service, through the North 
American Wetlands Conservation Fund, leverages partner 
contributions for wetlands conservation. Projects to date have 
been in 50 States, 13 Canadian provinces, 25 Mexican states, 
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. 
In addition to this appropriation, the Service receives funding 
from fines for violations of the Migratory Bird Treaty Act; 
interest earned on tax receipts in the Federal Aid in Wildlife 
Restoration account from taxes on firearms, ammunition, archery 
equipment, pistols, and revolvers; and from the Sport Fish 
Restoration account from taxes on fishing tackle and equipment, 
electric trolling motors and fish finders; and certain marine 
gasoline taxes. By law, sport fish restoration receipts are 
used for coastal wetlands in States bordering the Pacific and 
Atlantic Oceans, States bordering the Great Lakes and Gulf of 
Mexico, the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana Islands, the 
freely associated States in the Pacific, and American Samoa.




Appropriation enacted, 2012...........................       $35,497,000
Budget estimate, 2013.................................        39,425,000
Recommended, 2013.....................................        22,333,000
Comparison:
    Appropriation, 2012...............................       -13,164,000
    Budget estimate, 2013.............................       -17,092,000


    The Committee recommends $22,333,000 for the North American 
Wetlands Conservation Fund, $13,164,000 below the fiscal year 
2012 enacted level and $17,092,000 below the budget request. 
The Committee notes that the authorization of appropriations 
for this program expires in fiscal year 2012.

                NEOTROPICAL MIGRATORY BIRD CONSERVATION

    The Neotropical Migratory Bird Conservation Act of 2000 
authorized grants for the conservation of neotropical migratory 
birds in the United States, Latin America and the Caribbean, 
with 75 percent of the amounts available to be expended on 
projects outside the U.S. There is a three to one matching 
requirement under this program.




Appropriation enacted, 2012...........................        $3,786,000
Budget estimate, 2013.................................         3,786,000
Recommended, 2013.....................................         1,893,000
Comparison:
    Appropriation, 2012...............................        -1,893,000
    Budget estimate, 2013.............................        -1,893,000


    The Committee recommends $1,893,000 for the Neotropical 
Migratory Bird Conservation program, $1,893,000 below the 
fiscal year 2012 enacted level and $1,893,000 below the budget 
request. The Committee notes that the authorization of 
appropriations for this program expired in fiscal year 2010.

                MULTINATIONAL SPECIES CONSERVATION FUND

    The Multinational Species Conservation Fund provides 
technical support and cost-sharing grant assistance to 
countries to strengthen anti-poaching activities; build 
community support for conservation near the species' habitats; 
conduct surveys, monitoring, and applied research; and provide 
infrastructure and field equipment necessary to conserve 
habitats. These funds help to leverage work with partners and 
other collaborators to conserve and protect African and Asian 
elephants, rhinoceroses, tigers, great apes and marine turtles 
and their habitats.




Appropriation enacted, 2012...........................        $9,466,000
Budget estimate, 2013.................................         9,980,000
Recommended, 2013.....................................         4,735,000
Comparison:
    Appropriation, 2012...............................        -4,731,000
    Budget estimate, 2013.............................        -5,245,000


    The Committee recommends $4,735,000 for the Multinational 
Species Conservation Fund, $4,731,000 below the fiscal year 
2012 enacted level and $5,245,000 below the budget request. The 
amounts recommended by the Committee compared with the budget 
estimates by activity are shown in the table at the end of this 
report. The Committee notes that the authorizations of 
appropriations for the programs within this Fund have expired 
or will expire in fiscal year 2012.

                    STATE AND TRIBAL WILDLIFE GRANTS

    The State and Tribal Wildlife Grants program provides funds 
for States to implement their comprehensive wildlife 
conservation plans for species of greatest conservation need. 
States are required to provide a 50 percent cost share for 
grants that implement State Wildlife Action Plans.




Appropriation enacted, 2012...........................       $61,323,000
Budget estimate, 2013.................................        61,323,000
Recommended, 2013.....................................        30,662,000
Comparison:
    Appropriation, 2012...............................       -30,661,000
    Budget estimate, 2013.............................       -30,661,000


    The Committee recommends $30,662,000 for State and Tribal 
Wildlife Grants, $30,661,000 below the fiscal year 2012 enacted 
level and $30,661,000 below the budget request. The amounts 
recommended by the Committee compared with the budget estimates 
by activity are shown in the table at the end of this report.
    The Committee notes that the State and Tribal Wildlife 
Grants program does not have a stand-alone authorization. The 
Committee has accordingly recommended a reduction commensurate 
with reductions for other Fish and Wildlife Service programs 
with expired authorizations. The Committee strongly encourages 
the Service and its partners to work with Congressional 
authorizing committees to seek authorization or to evaluate the 
feasibility of alternatives under the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669 et seq.).
    The Committee encourages the Service and the partners to 
complete the Wildlife TRACS database so that the program can 
better demonstrate its ability to prevent at-risk species from 
having to be listed under the Endangered Species Act.
    Bill Language.--The Committee has included bill language 
that requires a 50 percent match of all grant funding. Not 
included is language carried in prior years which allowed 
unobligated funding to be re-apportioned.

                         National Park Service

    The mission of the National Park Service (Service) is to 
preserve unimpaired the natural and cultural resources and 
values of the national park system for the enjoyment, 
education, and inspiration of this and future generations. 
Established in 1916, the National Park Service has stewardship 
responsibilities for the protection and preservation of the 
heritage resources of the national park system. The system, 
consisting of 397 separate and distinct units, is recognized 
globally as a leader in park management and resource 
preservation. The national park system represents much of the 
finest the Nation has to offer in terms of scenery, historical 
and archeological relics, and cultural heritage. Through its 
varied sites, the National Park Service attempts to explain 
America's history, interpret its culture, preserve examples of 
its natural ecosystems, and provide recreational and 
educational opportunities for U.S. citizens and visitors from 
all over the world. In addition, the National Park Service 
provides support to tribal, local, and State governments to 
preserve culturally significant, ecologically important, and 
public recreational lands.
    The National Park Service will be 100 years old in 2016, 
and the Service has embarked on an historic ten-year effort to 
enhance the national parks leading up to this historic 
celebration. The Committee continues to support this effort and 
the $2,445,198,000 recommended will help the Service prepare 
for a second century of conservation, environmental stewardship 
and recreation benefiting millions of visitors from throughout 
the world. In spite of extraordinary fiscal challenges, the 
Committee has provided funding sufficient to manage NPS units 
nationwide without disruptions to operations.
    Table of Allocations by Activity.--The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report.

                 OPERATION OF THE NATIONAL PARK SYSTEM




Appropriation enacted, 2012...........................    $2,236,568,000
Budget estimate, 2013.................................     2,250,050,000
Recommended, 2013.....................................     2,229,409,000
Comparison:
    Appropriation, 2012...............................        -7,159,000
    Budget estimate, 2013.............................       -20,641,000


    The Committee recommends $2,229,409,000 for Operation of 
the National Park System (ONPS), $7,159,000 below the fiscal 
year 2012 enacted level and $20,641,000 below the budget 
request. This account funds the day-to-day operations of 
individual park units as well as regional and headquarters 
support operations of the Service. The Committee recommends the 
following changes to the request:
    Resource Stewardship.--The Committee recommends 
$324,300,000 for Resource Stewardship, $5,542,000 below the 
fiscal year 2012 enacted level and $9,115,000 below the budget 
request. The Committee has not included requested funding for 
climate-change related activities. The Committee has noted 
throughout this and past reports the critical need for a 
significant improvement in the level of coordination and 
communication of climate change activities, budgets, and 
accomplishments across the bureaus within the Department of the 
Interior. These improvements have yet to be realized. Lastly, 
the Committee directs that the Park Service provide no less 
than $1,000,000 within available funds for quagga and zebra 
mussel containment, prevention, and enforcement as prescribed 
in the February 2010 Quagga-Zebra Mussel Action Plan for 
Western U.S. Waters.
    Visitor Services.--The Committee recommends $239,348,000 
for Visitor Services, equal to the fiscal year 2012 enacted 
level and $1,540,000 above the budget request. The Committee 
has included funding, as requested, to support security and 
visitor services needs relating to the presidential 
inauguration in 2013.
    Park Protection.--The Committee recommends $360,669,000 for 
Park Protection, equal to the fiscal year 2012 enacted level 
and $2,329,000 below the budget request.
    Facility Operations and Maintenance.--The Committee 
recommends $681,807,000 for Facility Operations and 
Maintenance, as requested, which is $1,583,000 below the fiscal 
year 2012 enacted level.
    Park Support.--The Committee recommends $454,366,000 for 
Park Support, as requested, which is $34,000 below the fiscal 
year 2012 enacted level.
    External Administrative Costs.--The Committee recommends 
$168,919,000 for External Administrative Costs, equal to the 
fiscal year 2012 enacted level and $10,737,000 below the budget 
request.
    Additional Guidance.--The following additional direction 
and guidance is provided with respect to funding provided 
within this account:
    Park Operations.--Funding to maintain visitor services is a 
core responsibility of the Service. The Committee believes that 
funding of park operations ought to remain the highest priority 
of the Service. The Committee rejects the Administration's 
proposal to pay for fixed cuts through a reduction in park base 
operations.
    Civil War Sesquicentennial.--The Civil War battlefields, 
sites and monuments provide vital historic and educational 
opportunities for the millions of Americans that visit each 
year. The 150th anniversary presents a significant opportunity 
for Americans to recall and reflect upon the Civil War and its 
legacy in a spirit of reconciliation and reflection, through 
exploration, interpretation, and discussion. In keeping with 
the Service's continued observance of the Sesquicentennial, the 
Committee continues to support the efforts of the Director to 
encourage discussion of the historic, social, legal, racial, 
cultural and political forces that caused the American Civil 
War and influenced its course and outcomes at events organized 
and supported by the Service.
    Flight 93 Memorial.--Since the terrorist attacks of 
September 11, 2001, over 1.6 million people have visited the 
site of the Flight 93 National Memorial in Shanksville, 
Pennsylvania. The memorial honors the 40 men and women who died 
saving the White House or U.S. Capitol from a potentially 
catastrophic terrorist attack. Phases 1A and 1C of the 
permanent memorial were dedicated in September 2011. The 
current phase, focusing on education and including the 
construction of a visitor center and learning center, are 
scheduled to be dedicated on September 11, 2014. The Committee 
remains firmly committed to the timely completion of this 
project.
    In addition, since 2005, the Service has recorded over 
2,000 hours of audio interviews involving nearly 750 
individuals including family members of the passengers and 
crew, eyewitnesses, first responders, and others. The Committee 
strongly encourages the Service to devote the resources 
necessary to properly archive, maintain, and preserve these 
invaluable historical collections.
    U.S. Capitol Concerts.--The Committee continues its 
longstanding support for funding for the National Capitol Area 
Performing Arts Program and directs the Service to maintain 
funding for the summer concert series staged on the U.S. 
Capitol grounds at the fiscal year 2012 enacted level.
    National Mall Restoration.--The National Mall is the most 
visited national park in the nation with 25 million annual 
visitors. The Committee strongly supports the public-private 
partnership involved in efforts to restore the National Mall. 
Integral to this effort is the management and operation of 
concessions and visitor services on the National Mall. 
Accordingly, the Committee directs the Service to prepare and 
submit, within 90 days of enactment of this Act, a multi-year 
plan for the management and operation of concessions within the 
National Mall and Memorial Parks.
    Everglades Restoration.--The Committee notes the 
substantial progress made toward restoration of the Everglades 
ecosystem and continues to fully support this important 
national program. Funding is provided at the request level for 
the multi-year effort to preserve one of the great ecological 
treasures of the United States. The Committee urges the Service 
to begin planning and design work for the additional authorized 
bridging along the Tamiami Trail.
    Science Education.--The Committee recognizes the importance 
of promoting STEM education--Science, Technology, Engineering, 
and Mathematics--to better prepare the Nation's young people 
for the high technology jobs of tomorrow. The Service is 
uniquely positioned to play a role in STEM education through 
the management and preservation of NPS resources. The Committee 
commends the Director's Call to Action, an initiative intended 
to prepare the Service and its partners for a second century of 
stewardship and engagement. In particular, the Committee 
supports the initiative's goal to engage youth through a 
variety of scientific educational opportunities. A Call to 
Action aims to ``strengthen the NPS as an education 
institution,'' a goal that mirrors national efforts to improve 
scientific acumen among the nation's students.
    Bill Language.--The Committee has included bill language to 
make permanent the administrative provision carried each year 
allowing the use of franchise fees for the purpose of reducing 
liability for possessory or leasehold interest under National 
Park Service concessions contracts.
    The Committee has, since 2006, included bill language 
authorizing the Secretary of the Interior to acquire or lease 
property to facilitate the transportation of visitors to and 
from Ellis, Governors, and Liberty Island, NY and NJ. The 
language was necessitated by the need to establish a screening 
process for visitors to the Statue of Liberty in the aftermath 
of the events of September 11, 2011. The Service no longer 
requires this lease or purchase authority. The Service will 
continue its robust screening process, but no longer requires 
this authority to lease or purchase new space. Therefore, with 
concurrence from the Service, the Committee is dropping this 
general provision from the bill.

                  NATIONAL RECREATION AND PRESERVATION

    The National Recreation and Preservation account provides 
for outdoor recreation planning, preservation of cultural and 
national heritage resources, technical assistance to Federal, 
State and local agencies, and administration of Historic 
Preservation Fund grants.




Appropriation enacted, 2012...........................       $59,879,000
Budget estimate, 2013.................................        52,096,000
Recommended, 2013.....................................        51,822,000
Comparison:
    Appropriation, 2012...............................        -8,057,000
    Budget estimate, 2013.............................          -274,000


    The Committee recommends $51,822,000 for National 
Recreation and Preservation, $8,057,000 below the fiscal year 
2012 enacted level and $274,000 below the budget request. The 
Committee recommends the following changes to the request:
    Recreation Programs.--The Committee recommends $584,000 for 
Recreation Programs, equal to the fiscal year 2012 enacted 
level and $6,000 below the budget request.
    Natural Programs.--The Committee recommends $13,354,000 for 
Natural Programs, equal to the fiscal year 2012 enacted level 
and $177,000 below the budget request.
    Cultural Programs.--The Committee recommends $24,764,000 
for Cultural Programs, equal to the fiscal year 2012 enacted 
level and $55,000 below the budget request.
    International Park Affairs.--The Committee recommends 
$1,636,000 for International Park Affairs, equal to the fiscal 
year 2012 enacted level and $12,000 below the budget request.
    Environmental and Compliance Review.--The Committee 
recommends $430,000 for Environmental and Compliance Review, 
equal to the fiscal year 2012 enacted level and $4,000 below 
the budget request.
    Grant Administration.--The Committee recommends $1,738,000 
for Grant Administration, equal to the fiscal year 2012 enacted 
level and $20,000 below the budget request.
    Heritage Partnership Program.--The Committee recommends 
$9,316,000 for the Heritage Partnership Program (HPP), as 
requested, $8,057,000 below the fiscal year 2012 enacted level. 
These funds support grants to local non-profit groups in 
support of historical and cultural recognition, preservation 
and tourism activities.
    Congress has in recent years expanded from 27 to 49 the 
number of authorized heritage partnerships, creating additional 
pressure on available grant funding. The Committee notes that 
State and local managers of National Heritage Areas continue to 
rely heavily on Federal funding. Funding for the Heritage 
Partnership Program was sustained in fiscal year 2012, and 
additional guidance was provided for participating heritage 
areas to develop self-sufficiency plans for long-term 
sustainability. These plans for long-term sustainability have 
yet to be realized.
    The Committee is aware that the Service is conducting 
evaluations of National Heritage Areas and has been directed to 
report back to Congress with its recommendation as to the 
future of the Service's role with respect to each National 
Heritage Area, no later than three years before the date on 
which authority for Federal funding terminates. The Committee 
is concerned that to date, only three evaluations have been 
completed, and no reports have been delivered. The Committee 
encourages the Service to continue to provide grant and 
technical support to these areas in a manner consistent with 
current policy whether or not the evaluations have been 
completed.
    Native American Graves Protection and Repatriation 
Grants.--The Committee provides funding for the Native American 
Graves Protection and Repatriation Grant program at the budget 
request level of $1,747,000.
    Japanese American Confinement Site Grants.--The Committee 
maintains its support for the Japanese American Confinement 
Site Grants program at the budget request level of $2,995,000. 
This program leverages proportional funding through 
partnerships with local preservation groups to preserve 
Japanese American World War II confinement sites.

                       HISTORIC PRESERVATION FUND

    The Historic Preservation Fund supports the State historic 
preservation offices to perform a variety of functions. These 
include State management and administration of existing grant 
obligations; review and advice on Federal projects and actions; 
determinations and nominations to the National Register; Tax 
Act certifications; and technical preservation services. The 
States also review properties to develop data for planning use. 
Funding in this account also supports direct grants to 
qualifying organizations for individual preservation projects 
and for activities in support of heritage tourism and local 
historic preservation.




Appropriation enacted, 2012...........................       $55,910,000
Budget estimate, 2013.................................        55,910,000
Recommended, 2013.....................................        49,500,000
Comparison:
    Appropriation, 2012...............................        -6,410,000
    Budget estimate, 2013.............................        -6,410,000


    The Committee recommends $49,500,000 for historic 
preservation programs, $6,410,000 below both the fiscal year 
2012 enacted level and the budget request. The Committee 
recommends the following changes to the request:
    State and Tribal Historic Preservation Offices.--The 
Committee supports the longstanding efforts of State and Tribal 
Historic Preservation Offices to identify and protect 
irreplaceable historic and archaeological resources. The 
Committee recommends $42,500,000 for State Historic 
Preservation Offices, $4,425,000 below both the fiscal year 
2012 enacted level and the budget request. The Committee 
recommends $7,000,000 for Tribal Historic Preservation Offices, 
$1,985,000 below both the fiscal year 2012 enacted level and 
the budget request.

                              CONSTRUCTION




Appropriation enacted, 2012...........................      $155,366,000
Budget estimate, 2013.................................       131,173,000
Recommended, 2013.....................................       131,173,000
Comparison:
    Appropriation, 2012...............................       -24,193,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $131,173,000 for Construction, 
$24,193,000 below the fiscal year 2012 enacted level and equal 
to the budget request. These amounts fund major repairs and 
construction of National Park Service assets. The Committee 
notes that the budget request for line item construction is at 
the lowest level since 1997 and does not propose funding any 
new facility construction in fiscal year 2013.

                    LAND AND WATER CONSERVATION FUND

                               RESCISSION




Appropriation enacted, 2012...........................      -$30,000,000
Budget estimate, 2013.................................       -30,000,000
Recommended, 2013.....................................       -30,000,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................                 0


    The Committee recommends the rescission of $30,000,000 in 
the annual contract authority provided by 16 U.S.C. 460l-10a. 
This authority has not been used in years and there are no 
plans to use it in fiscal year 2013. The Committee does not 
agree with the Administration's proposal to permanently cancel 
the authority.

                 LAND ACQUISITION AND STATE ASSISTANCE




Appropriation enacted, 2012...........................      $101,897,000
Budget estimate, 2013.................................       119,421,000
Recommended, 2013.....................................        13,294,000
Comparison:
    Appropriation, 2012...............................       -88,603,000
    Budget estimate, 2013.............................      -106,127,000


    The Committee recommends $13,294,000 for Land Acquisition 
and State Assistance, $88,603,000 below the fiscal year 2012 
enacted level and $106,127,000 below the budget request. The 
amounts recommended by the Committee compared with the budget 
estimates by activity are shown in the table at the end of this 
report. The Committee has included language in the front of the 
report regarding Land and Water Conservation Fund programs.
    American Battlefield Protection Program.--Given the 
significance of the 150th Anniversary of the Civil War, the 
Committee recognizes the importance of the American Battlefield 
Protection Program which provides funding to protect 
historically significant battlefields outside of current NPS 
boundaries. Since fiscal year 1999, more than 17,700 acres of 
the most historically significant sites have been preserved 
from development. The Committee provides $2,000,000 for the 
program.

                    United States Geological Survey

    The U.S. Geological Survey (USGS) is the Nation's largest 
water, Earth, and biological science and civilian mapping 
agency. Established on March 3, 1879, the USGS serves the 
Nation by providing reliable scientific information to describe 
and understand the Earth; minimize loss of life and property 
from natural disasters; manage water, biological, energy, and 
mineral resources; and enhance and protect our quality of life. 
The USGS programs address increasingly complex societal issues 
such as the development of alternative and unconventional 
energy resources, management of critical ecosystems, 
understanding and adaptation to climate change, and responses 
to natural and human-induced hazards. For more than a century, 
the diversity of scientific expertise has enabled the USGS to 
carry out large-scale, multi-disciplinary investigations and 
provide impartial scientific information to resource managers, 
planners, policymakers, and the public.

                 SURVEYS, INVESTIGATIONS, AND RESEARCH




Appropriation enacted, 2012...........................    $1,068,032,000
Budget estimate, 2013.................................     1,102,492,000
Recommended, 2013.....................................       967,000,000
Comparison:
    Appropriation, 2012...............................      -101,032,000
    Budget estimate, 2013.............................      -135,492,000


    The Committee recommends $967,000,000 for Surveys, 
Investigations, and Research, $101,032,000 below the fiscal 
year 2012 enacted level and $135,492,000 below the budget 
request. The Committee accepts the proposed transfers but does 
not accept the proposed fixed cost increases. The Committee 
does not accept the proposed program changes except as 
otherwise indicated below. The bill includes a number of 
general reductions to activities within this account that are 
not shown below. A complete summary of the amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report.
    Within Ecosystems, the bill includes the following program 
increases, as requested: $1,000,000 for white nose syndrome in 
bats; $2,000,000 for Great Lakes Asian carp control; and 
$1,000,000 for Upper Mississippi Asian carp control.
    Within Climate and Land Use Change, the bill includes the 
following program changes, as requested: an increase of 
$500,000 for climate science support on tribal lands; a 
decrease of $1,750,000 from Land Remote Sensing; and an 
increase of $750,000 for disaster response.
    Within Energy, Minerals, and Environmental Health, the bill 
includes the following program changes, as requested: an 
increase of $1,000,000 for rare earth elements research; and a 
decrease of $250,000 from the minerals external research 
program. The Committee does not accept the proposed reductions 
of $500,000 from Contaminant Biology and $2,000,000 from Toxic 
Substances Hydrology. The Committee supports continuing efforts 
by the Survey to conduct an in-depth analysis of the extent and 
sources of endocrine-disrupting chemicals impacting fish and 
wildlife in the Chesapeake Bay Watershed.
    Within Natural Hazards, the bill includes the following 
program decreases, as requested: $300,000 from volcano 
observatory assessments; and $700,000 from the National Volcano 
Early Warning System.
    The Committee recognizes that earthquakes are a destructive 
and costly natural hazard threat to the United States. Given 
that many regions remain vulnerable to earthquake hazards, the 
Committee encourages the Survey to continue its efforts with 
partner stakeholders in research, development, and outreach to 
increase preparedness across the country. Furthermore, the 
Committee recognizes the importance of a robust earthquake 
monitoring network to the safety and vitality of our Nation and 
encourages the Survey, in conjunction with stakeholders, to 
continue efforts to maintain and develop the Advanced National 
Seismic System in order to enable early earthquake warnings.
    Within Water Resources, the bill includes the following 
program changes: an increase of $2,500,000 for a groundwater 
network, as requested; a decrease of $459,000 from National 
Water Quality Assessment instead of the requested $6,049,000 
decrease; and an increase of $3,112,000 for disaster response 
within the National Streamflow Information Program instead of 
the requested $5,500,000 increase.
    Within Core Science Systems, the bill includes the 
following program decreases, as requested: $700,000 from data 
management; and $446,000 from data preservation.
    Within Administration and Enterprise Information, the bill 
includes a combined decrease of $3,691,000 from Administrative 
Services, as requested.
    Within Facilities, the bill includes a program decrease of 
$4,390,000 due to operations and maintenance efficiencies, as 
requested.
    Bill Language.--The bill provides two-year funding 
authority except for satellite operations and deferred 
maintenance and capital improvement projects, which are no-year 
authority. Provisos include a funding limitation on surveys on 
private property and a cost-share requirement on topographic 
mapping and water resources activities carried on in 
cooperation with States and municipalities.

                   Bureau of Ocean Energy Management

    The Bureau of Ocean Energy Management is responsible for 
the environmentally and economically sound development of the 
Nation's offshore energy and mineral resources. The Bureau's 
management of these resources helps meet the Nation's energy 
needs by providing access to--and fair return to the American 
taxpayer for--offshore energy and mineral resources through 
strategic planning and resource and economic evaluation. 
Conventional energy activities include development of the Five-
Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program; 
assessment of mineral resource potential, tracking of 
inventories of oil and gas reserves, and development of 
production projections; and economic evaluation to ensure the 
receipt of fair value through lease sales and lease terms.

                        OCEAN ENERGY MANAGEMENT




Appropriation enacted, 2012...........................       $59,696,000
Budget estimate, 2013.................................        62,701,000
Recommended, 2013.....................................        59,696,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................        -3,005,000


    The Committee recommends an appropriation of $59,696,000 
for Ocean Energy Management, equal to the fiscal year 2012 
enacted level and $3,005,000 below the budget request. The 
collection of offsetting rental receipts and cost recovery fees 
total $101,404,000, as requested, $322,000 below the fiscal 
year 2012 enacted level. The recommendation also continues 
language in Title I General Provisions originating in the 
fiscal year 2011 Continuing Resolution allowing the 
reorganization of the Bureau of Ocean Energy Management and the 
Bureau of Safety and Environmental Enforcement only in 
conformance with Committee reprogramming guidelines.
    The Committee does not provide funding for National Ocean 
Policy Coastal and Marine Spatial Planning.

             Bureau of Safety and Environmental Enforcement

    The Bureau of Safety and Environmental Enforcement is 
responsible for oversight of exploration, development, and 
production operations for oil, gas, and other marine minerals 
on the Outer Continental Shelf (OCS). Leases in Federal waters 
off the shores of California, Alaska, and the Gulf of Mexico 
provide about 25 percent of the Nation's oil production and 
more than 10 percent of domestic natural gas production. The 
Bureau facilitates the safe and environmentally responsible 
development of oil and gas and the conservation of offshore 
resources. The Bureau's safety and environmental compliance 
activities include oil and gas permitting; facility 
inspections, regulations and standards development; safety and 
oil spill research; field operations; environmental compliance 
and enforcement; review of operator oil spill response plans; 
production and development; and operation of a national 
training center for inspectors and engineers.

             OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT




Appropriation enacted, 2012...........................       $61,375,000
Budget estimate, 2013.................................        81,399,000
Recommended, 2013.....................................        61,375,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................       -20,024,000


    The Committee recommends an appropriation of $61,375,000 
for Offshore Safety and Environmental Enforcement, equal to the 
fiscal year 2012 enacted level and $20,024,000 below the budget 
request. The collection of offsetting rental receipts, cost 
recovery fees and inspection fees totals $125,881,000, as 
requested, $4,800,000 below the fiscal year 2012 enacted level.
    The Committee continues to be concerned with the Bureau's 
stated intentions for the expansion of regulatory authority 
over non-lease holders under the Outer Continental Shelf Lands 
Act (OCSLA). The authority and need for this action has not 
been explained or justified to the Committee, nor how this 
diversion of limited resources would impact the Bureau's 
current mission and objectives identified in the fiscal year 
2013 budget request. The agency is directed to use all the 
resources provided toward the regulatory efforts presented in 
the fiscal year 2013 budget request (with the exception of the 
National Ocean Policy and Marine Spatial Planning). Further, 
the Committee directs that no funds be expended for other 
purposes until the agency has fully explained its authority, 
intentions, and objectives to the Committee and the public.

                           OIL SPILL RESEARCH




Appropriation enacted, 2012...........................       $14,899,000
Budget estimate, 2013.................................        14,899,000
Recommended, 2013.....................................        14,899,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................                 0


    The Committee recommends $14,899,000 for Oil Spill 
Research, as requested, equal to the fiscal year 2012 enacted 
level. This funding is derived from the Oil Spill Liability 
Trust Fund to conduct oil spill research and financial 
responsibility and inspection activities associated with the 
Oil Pollution Act of 1990, Public Law 101-380.

          Office of Surface Mining Reclamation and Enforcement

    The Office of Surface Mining Reclamation and Enforcement 
(OSM), through its regulation and technology account, regulates 
surface coal mining operations to ensure that the environment 
is reclaimed once mining is completed. The OSM accomplishes 
this mission by providing grants and technical assistance to 
those States that maintain their own regulatory and reclamation 
programs and by conducting oversight of State programs. 
Further, the OSM administers the regulatory programs in the 
States that do not have their own programs and on Federal and 
tribal lands. Through its Abandoned Mine Land (AML) reclamation 
program, the OSM provides funding for environmental restoration 
at abandoned coal mines based on fees collected from current 
coal production operations. In their un-reclaimed condition 
these abandoned sites endanger public health and safety, and 
prevent the beneficial use of land and water resources. 
Mandatory appropriations provide funding for the abandoned coal 
mine sites as required under the 2006 amendments to the Surface 
Mining Control and Reclamation Act.
    The amounts recommended by the Committee for each Office of 
Surface Mining Reclamation and Enforcement appropriation 
account, compared with the budget estimates by activity, are 
shown in the table at the end of this report.

                       REGULATION AND TECHNOLOGY




Appropriation enacted, 2012...........................      $122,713,000
Budget estimate, 2013.................................       113,053,000
Recommended, 2013.....................................       122,713,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................        +9,660,000


    The Committee recommends $122,713,000 for Regulation and 
Technology, equal to the fiscal year 2012 enacted level and 
$9,660,000 above the budget request. The Committee funds 
regulatory grants at $68,700,000, equal to the fiscal year 2012 
enacted level. The Committee directs OSM and the Administration 
to discontinue efforts to push States to raise fees on industry 
as the bill provides the funds necessary for States to run 
their regulatory programs. Federal regulatory grants to primacy 
States results in the highest benefit and the lowest cost to 
taxpayers, and if a State were to relinquish primacy, OSM would 
have to hire and train sufficient numbers and types of Federal 
employees. The cost to implement the Federal program would be 
significantly higher and as such the Committee summarily 
rejects the proposal.
    The Committee similarly rejects the proposal to increase 
inspections and enhanced Federal oversight of State regulatory 
programs. Delegation of the authority to the States is the 
cornerstone of the surface mining regulatory program, and State 
regulatory programs do not need enhanced Federal oversight to 
ensure continued implementation of a protective regulatory 
framework. Accordingly, the Committee has not provided the 
$3,994,000 and 25 FTE increase requested for those activities 
within the Regulation and Technology account.
    OSM/BLM Merger.--The Committee remains concerned about the 
lack of coordination and consultation with Congress on efforts 
to merge functions of the Bureau of Land Management (BLM) and 
the Office of Surface Mining Reclamation and Enforcement (OSM). 
The Committee believes that the proposal offers little 
administrative savings when attempting to combine functions of 
two statutorily created agencies, and directs no further funds 
be spent on studies to merge functions of BLM and OSM.

                    ABANDONED MINE RECLAMATION FUND




Appropriation enacted, 2012...........................       $27,399,000
Budget estimate, 2013.................................        27,548,000
Recommended, 2013.....................................        27,366,000
Comparison:
    Appropriation, 2012...............................           -33,000
    Budget estimate, 2013.............................          -182,000


    The Committee recommends $27,366,000 for the Abandoned Mine 
Reclamation Fund, $33,000 below the fiscal year 2012 enacted 
level and $182,000 below the budget request.

        Bureau of Indian Affairs and Bureau of Indian Education

    The Bureau of Indian Affairs and Bureau of Indian Education 
(Bureau) were founded in 1824 to establish a government-to-
government relationship and trust responsibility that results 
from treaties with Native groups. The Bureau delivers services 
to over 1.7 million American Indians and Alaska Natives. In 
addition, the Bureau provides education programs to American 
Indians through the operation of 169 schools and 14 
dormitories. The Bureau administers more than 56 million acres 
of land held in trust status. Over 10 million of these acres 
belong to individuals and 46 million acres are held in trust 
for Tribes.

                      OPERATION OF INDIAN PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)




Appropriation enacted, 2012...........................    $2,367,738,000
Budget estimate, 2013.................................     2,379,431,000
Recommended, 2013.....................................     2,404,672,000
Comparison:
    Appropriation, 2012...............................       +36,934,000
    Budget estimate, 2013.............................       +25,241,000


    The Committee recommends $2,404,672,000 for the Operation 
of Indian Programs, $36,934,000 above the fiscal year 2012 
enacted level and $25,241,000 above the budget request. The 
amounts recommended by the Committee compared with the budget 
estimates by activity are shown in the table at the end of this 
report. Changes to the budget request follow.
    Within Tribal Government, the bill includes an increase of 
$2,250,000 for road maintenance.
    The Committee directs the Bureau to work with Tribes and 
tribal organizations to explore options for improving the 
transparency of current year contract support cost information, 
and to report back to the Committee within 90 days of enactment 
of this Act.
    Within Education, the bill includes the following 
increases: $12,991,000 to make up half of the projected 
shortfall in administrative cost grants, which the Committee 
notes are also contract support costs; and $1,000,000 for the 
Johnson-O'Malley (JOM) program.
    The Committee is disappointed that the Bureau failed to 
update its count of students eligible for JOM program funding 
and to report back to the Committee as directed in House Report 
112-331. The Committee directs the Bureau, in coordination with 
the Department of Education, and in consultation with the 
Tribes, to update its count of students eligible for the 
Johnson-O'Malley Program funding and to report the results to 
this Committee within 180 days of enactment of this Act. In 
addition, the Committee directs the Bureau to reestablish the 
full-time permanent Johnson-O'Malley coordinator position that 
was terminated in 2005.
    Within Public Safety and Justice, the bill includes the 
following increases: $7,443,000 for law enforcement; and 
$557,000 for tribal courts.
    For the purpose of addressing the needs of American Indian 
youth in custody at tribal detention centers operated or 
administered by the BIA, the Committee considers educational 
and health-related services to juveniles in custody to be 
allowable costs for detention/corrections program funding.
    Within Community and Economic Development, the bill 
includes an increase of $1,000,000 for minerals and mining 
management. The Committee directs the Department to work with 
Tribes to develop a pilot program to accelerate conventional 
energy and mineral development on lands held in trust for 
American Indians. The Committee notes that not all Federal 
lands are public lands; that conventional energy and mineral 
development on Tribal trust lands is lagging behind State and 
private lands; that energy and mineral development on Tribal 
trust lands can have tremendous economic benefits for people 
who, as a group, suffer from some of the worst economic 
conditions in the country; that the Department has an 
obligation to act in their best interests to the greatest 
extent allowable by law; and that it must be Tribes themselves 
who determine what is in their best interests, particularly on 
lands held in trust specifically for them. The Committee took 
testimony this year from several witnesses who highlighted a 
number of concerns with the current energy and mineral 
development approval process, including permit fees, the need 
for additional Federal and Tribal personnel and training, and 
fair distribution of personnel around the country. The 
Committee directs the Department to use the pilot program to 
make a good faith effort, using existing authorities, to 
address these concerns and others identified by Tribes.
    The Committee remains concerned that efforts to implement 
new administrative policies for P.L. 102-477 funds have the 
potential to add additional costs to Tribes, thereby diverting 
funds from the important services that this program provides. 
The Committee notes that there has been no evidence of misuse 
of these funds since the program's inception 20 years ago. The 
Committee recognizes the significant progress made by the P.L. 
102-477 Tribal Work Group and the Administration to resolve the 
issues surrounding these policies, as directed by House Report 
112-331, and feels strongly that these joint efforts should 
continue in pursuit of a permanent resolution. In particular, 
the parties are urged to resolve the financial reporting issues 
in a way that meets the goals of administrative flexibility and 
fiscal accountability without impeding the end outcome goals of 
the ``477'' program.

                              CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)




Appropriation enacted, 2012...........................      $123,630,000
Budget estimate, 2013.................................       105,910,000
Recommended, 2013.....................................       117,110,000
Comparison:
    Appropriation, 2012...............................        -6,520,000
    Budget estimate, 2013.............................       +11,200,000


    The Committee recommends $117,110,000 for Construction, 
$6,520,000 below the fiscal year 2012 enacted level and 
$11,200,000 above the budget request. The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report. Changes to 
the budget request follow.
    Within Education, the bill includes an increase of 
$9,200,000 for replacement school construction, which should 
complete the next project on the 2004 priority list. The 
Committee continues to urge the Bureau to move with all 
deliberate speed to publish a new replacement school 
construction priority list and to request funding in fiscal 
year 2014 to implement projects on the list.
    The Committee notes the conditions of the Bug O Nay Ge Shig 
School of the Leech Lake Band of Ojibwe as an example of the 
significant safety and health hazards that have not received 
due attention by this Administration. The Committee urges the 
Bureau to continue to work with the Leech Lake Band of Ojibwe 
and other Tribes to replace and repair their school facilities.
    The Committee commends the Shoshone-Bannock Tribes of the 
Fort Hall Indian Reservation for their initiative in addressing 
their law enforcement needs by constructing a justice center to 
house their adult and juvenile detention and rehabilitation 
center, tribal courts, and police department. The Committee 
also commends the Bureau of Indian Affairs in its efforts to 
assist the Shoshone-Bannock Tribes in ensuring that the Center 
continues to operate effectively. Knowing that work must be 
done in consultation with Tribes, the Committee continues to 
encourage the Bureau to consider establishing regional 
detention centers at new or existing facilities, such as the 
Shoshone-Bannock Tribes' Justice Center, as it works to combat 
the crime problem in Indian Country.
    Within General Administration, the bill includes an 
increase of $2,000,000 for Construction Program Management.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS




Appropriation enacted, 2012...........................       $32,802,000
Budget estimate, 2013.................................        36,293,000
Recommended, 2013.....................................        36,293,000
Comparison:
    Appropriation, 2012...............................        +3,491,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $36,293,000 for Indian Land and 
Water Claim Settlements and Miscellaneous Payments to Indians, 
as requested, $3,491,000 above the fiscal year 2012 enacted 
level.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT




Appropriation enacted, 2012...........................        $7,103,000
Budget estimate, 2013.................................         5,000,000
Recommended, 2013.....................................        10,000,000
Comparison:
    Appropriation, 2012...............................        +2,897,000
    Budget estimate, 2013.............................        +5,000,000


    The Committee recommends $10,000,000 for the Indian 
Guaranteed Loan Program Account, $2,897,000 above the fiscal 
year 2012 enacted level and $5,000,000 above the budget 
request.

                          Departmental Offices


                        Office of the Secretary

    The Office of the Secretary supports a wide-range of 
Departmental business, policy, and oversight functions. In 
September 2010, Secretarial Order 3306 established the Office 
of Natural Resources Revenue as part of the reorganization of 
the former Minerals Management Service (MMS). This revenue 
collection and compliance function is now managed within the 
Office of the Secretary.

                        DEPARTMENTAL OPERATIONS




Appropriation enacted, 2012...........................      $261,897,000
Budget estimate, 2013.................................       261,631,000
Recommended, 2013.....................................       247,777,000
Comparison:
    Appropriation, 2012...............................       -14,120,000
    Budget estimate, 2013.............................       -13,854,000


    The Committee recommends $247,777,000 for Departmental 
Operations, $14,120,000 below the fiscal year 2012 enacted 
level and $13,854,000 below the budget request. The detailed 
allocation of funding by program is included in the table at 
the end of this report.
    Leadership and Administration.--The Committee recommends 
$120,160,000 for Leadership and Administration, equal to the 
fiscal year 2012 enacted level and $1,551,000 below the budget 
request.
    Management Services.--The Committee recommends $8,199,000 
for Management Services, $14,120,000 below the fiscal year 2012 
enacted level and $12,112,000 below the budget request. The 
reduction below the request is to the Office of Valuation 
Services.
    Office of Natural Resources Revenue.--The Committee 
recommends $119,418,000 for the Office of Natural Resources 
Revenue, equal to the fiscal year 2012 enacted level and 
$191,000 below the budget request.
    Additional Guidance.--National Monument Designations.--The 
Department is directed to work collaboratively with interested 
parties, including the Congress, States, local communities, 
tribal governments and others prior to planning, implementing, 
or making national monument designations.
    Technical Assistance.--The Committee understands and values 
the technical expertise and depth of knowledge that Federal 
land managers and researchers possess, and sees the potential 
value in providing volunteer opportunities for senior agency 
leaders to share their expertise and technical assistance to 
supporting national parks and forests in other countries. The 
Committee encourages the Secretary of the Interior and the 
Chief of the Forest Service to connect willing former and 
current senior employees with nongovernmental organizations 
seeking to assist other countries in building the capacity to 
manage natural resources and public lands.
    Aerial Monitoring.--The Department has indicated that it 
utilizes unmanned aircraft on loan from the Department of 
Defense to develop an ``operational capability strategy'' to 
support DOI's natural resource missions. According to the 
Department, operations are limited to Federal (Interior) lands 
and are vetted with interagency partners such as the FAA. Each 
operation undergoes an approval process including DOI Solicitor 
review which is intended to mitigate risk of misuse. These 
aircraft are centrally managed by the Department's Office of 
Aircraft Services which maintains inventory control. The 
Committee directs the Department to submit a report to the 
House and Senate Committees on Appropriations within 180 days 
of enactment of this Act that identifies by fiscal year: the 
specific location and nature of work being performed by 
unmanned aerial vehicles; the amount of funding spent to 
contract for aerial over-flights; the contractor performing the 
work; and the number of flights performed. The report shall 
include expenditures for each fiscal year up through fiscal 
year 2012.
    Bill Language.--The Committee has continued to include bill 
language that deducts two percent of State royalties to help 
cover Federal administrative costs.
    The Committee has eliminated bill language from prior years 
relating to a limitation on personal services. Based on various 
existing statutory prohibitions imposing limits on the use of 
funds, the provision is redundant and no longer necessary.
    The Committee has included bill language extending 
mandatory funding of the Payments in Lieu of Taxes (PILT) 
Program for fiscal year 2013.

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

    The Office of Insular Affairs (OIA) was established on 
August 4, 1995, through Secretarial Order No. 3191, which also 
abolished the former Office of Territorial and International 
Affairs. The OIA has important responsibilities to help the 
United States government fulfill its responsibilities to the 
four U.S. territories of Guam, American Samoa (AS), U.S. Virgin 
Islands (USVI) and the Commonwealth of the Northern Mariana 
Islands (CNMI) and also the three freely associated States: the 
Federated States of Micronesia (FSM), the Republic of the 
Marshall Islands (RMI) and the Republic of Palau. The permanent 
and trust fund payments to the territories and the compact 
nations provide substantial financial resources to these 
governments. During fiscal year 2004, financial arrangements 
for the Compacts of Free Association with the FSM and the RMI 
were implemented. These also included mandatory payments for 
certain activities previously provided in discretionary 
appropriations as well as Compact impact payments of 
$30,000,000 per year split among Guam, CNMI, AS, and Hawaii. 
During fiscal year 2013 permanent funding of $487,254,000 will 
be made available to these governments in addition to the 
discretionary funding discussed below.




Appropriation enacted, 2012...........................       $87,901,000
Budget estimate, 2013.................................        84,946,000
Recommended, 2013.....................................        79,946,000
Comparison:
    Appropriation, 2012...............................        -7,955,000
    Budget estimate, 2013.............................        -5,000,000


    The amounts recommended by the Committee for the Office of 
Insular Affairs appropriations accounts compared with the 
budget estimates by activity are shown in the table at the end 
of this report. The Committee recommends $79,946,000 for 
Assistance to Territories, $7,955,000 below the fiscal year 
2012 enacted level and $5,000,000 below the budget request.

                      COMPACT OF FREE ASSOCIATION




Appropriation enacted, 2012...........................       $17,313,000
Budget estimate, 2013.................................         3,054,000
Recommended, 2013.....................................         3,313,000
Comparison:
    Appropriation, 2012...............................       -14,000,000
    Budget estimate, 2013.............................          +259,000


    The Committee recommends $3,313,000 for the Compact of Free 
Association, $14,000,000 below the fiscal year 2012 enacted 
level and $259,000 above the budget request. The Committee 
expects the Compact will be renegotiated and therefore the 
discretionary stopgap funding will not be necessary in fiscal 
year 2013. Further, the Committee finds insufficient 
justification to reduce funding for the Enewetak program and 
maintains funding at the fiscal year 2012 enacted level.

               ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS

    Bill language has been included to provide the Secretary 
with authority to redistribute capital improvement funds in 
fiscal year 2013 based upon expenditure rates in the 
territories.

                        Office of the Solicitor


                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................       $66,190,000
Budget estimate, 2013.................................        64,939,000
Recommended, 2013.....................................        64,654,000
Comparison:
    Appropriation, 2012...............................        -1,536,000
    Budget estimate, 2013.............................          -285,000


    The Committee recommends $64,654,000 for Salaries and 
Expenses of the Office of the Solicitor, $1,536,000 below the 
fiscal year 2012 enacted level and $285,000 below the budget 
request. The detailed allocation of funding by program is 
included in the table at the end of this report.
    Bill Language.--The bill includes modified language in 
Title I General Provisions addressing the trailing of livestock 
across public lands. The language modification is necessitated 
by the Office of the Solicitor providing information on bill 
language to the Committee on Appropriations during development 
of the fiscal year 2012 Interior, Environment, and Related 
Agencies Appropriations conference report and subsequently 
changing its legal interpretation of the language following the 
bill's enactment.

                      Office of Inspector General


                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................       $49,392,000
Budget estimate, 2013.................................        48,493,000
Recommended, 2013.....................................        48,493,000
Comparison:
    Appropriation, 2012...............................          -899,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $48,493,000 for Salaries and 
Expenses of the Office of Inspector General, $899,000 below the 
fiscal year 2012 enacted level and equal to the budget request. 
The detailed allocation of funding by program is included in 
the table at the end of this report.

           Office of the Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

    The Office of the Special Trustee for American Indians was 
established by the American Indian Trust Fund Management Reform 
Act of 1994 (Public Law 103-412). The Department of the 
Interior is responsible for managing 55 million surface acres 
and 57 million acres of subsurface mineral interests for over 
300,000 Individual Indian Money (IIM) accounts and over 2,900 
trust accounts (over 250 Tribes). On these lands, the 
Department of the Interior manages over 100,000 leases for 
individual Indians and Tribes. The Department received 
approximately $401,000,000 in fiscal year 2011 from leases, 
permits, land sale revenues, royalties from mineral resources, 
settlements and judgments, and investment income for Individual 
Indian Money accounts, and approximately $609,000,000 for 
Tribal accounts.




Appropriation enacted, 2012...........................      $152,075,000
Budget estimate, 2013.................................       146,000,000
Recommended, 2013.....................................       146,000,000
Comparison:
    Appropriation, 2012...............................        -6,075,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $146,000,000 for Federal Trust 
Programs, as requested, $6,075,000 below the fiscal year 2012 
enacted level. The detailed allocation of funding by program is 
included in the table at the end of this report.

                        DEPARTMENT-WIDE PROGRAMS


                        Wildland Fire Management


                     (INCLUDING TRANSFERS OF FUNDS)

    The Department's Wildland Fire Management and FLAME 
wildfire suppression reserve accounts support fire activities 
for the Bureau of Land Management, the National Park Service, 
the Fish and Wildlife Service, and the Bureau of Indian 
Affairs.




Appropriation enacted, 2012...........................      $483,589,000
Budget estimate, 2013.................................       726,473,000
Recommended, 2013.....................................       746,473,000
Comparison:
    Appropriation, 2012...............................      +262,884,000
    Budget estimate, 2013.............................       +20,000,000


    The Committee recommends $746,473,000 for Wildland Fire 
Management at the Department of the Interior, $262,884,000 
above the fiscal year 2012 enacted level and $20,000,000 above 
the budget request. The Committee's recommendation, combined 
with $92,000,000 recommended in the FLAME wildfire suppression 
reserve account, fully funds the 10-year fire suppression 
average expenditures. The Committee notes that the dramatic 
increase in appropriations compared to fiscal year 2012 is due 
to: (1) an increase in the 10-year fire suppression average 
expenditures for the Department of the Interior; and (2) the 
use of $189,577,000 in emergency carry-over suppression dollars 
in fiscal year 2012 to offset appropriations.
    Wildfire Preparedness.--The Committee recommends 
$279,508,000 for Wildfire Preparedness, as requested, 
$2,986,000 above the fiscal year 2012 enacted level. The 
Committee believes that the Department and the Forest Service 
must work together, along with States and other partners, to 
maintain sufficient readiness within the preparedness program. 
The Department should immediately notify the Committees on 
Appropriations if it appears that funding shortfalls may limit 
needed firefighting capacity.
    Wildfire Suppression Operations.--The Committee recommends 
$276,508,000, as requested, for Wildfire Suppression 
Operations, $6,027,000 above the fiscal year 2012 enacted 
level. The Committee recommendation, including the FLAME 
wildfire suppression reserve fund, fully funds the 10-year fire 
suppression average expenditures.
    Hazardous Fuels.--The Committee recommends $167,315,000 for 
the Hazardous Fuels program, $15,706,000 below the fiscal year 
2012 enacted level and $22,000,000 above the budget request.
    As stated in the fiscal year 2012 Interior, Environment, 
and Related Agencies conference report, the Committee is aware 
of the duplication that exists in the Department of the 
Interior's wildland fire programs (multiple parallel 
organizations in four bureaus with multiple levels to manage 
multiple fire activities). The Committee is deeply concerned 
about the growth of the Department's Office of Wildland Fire 
Coordination in Boise, Idaho, especially with few or no FTE 
reductions in other areas. The Committee notes that FTE's for 
the Boise office are expected to increase dramatically in 
fiscal year 2013 with no identifiable benefit.
    The Committee awaits the report required on the 
Department's wildland fire programs per the fiscal year 2012 
Interior, Environment, and Related Agencies conference report. 
Until this report is received, and its recommendations are 
approved by the Committee, the Department is directed to 
maintain the Office of Wildland Fire Coordination at current 
levels.
    The Committee again directs the Department to continue 
funding hazardous fuels reduction on the highest priority 
projects in the highest priority areas rather than spending 
funds based on percentages of acres treated in the wildland 
urban interface.
    The Committee directs the Department to better coordinate 
hazardous fuels funding with Department agencies and States to 
protect core sage grouse habitat from catastrophic wildfires 
using both hazardous fuels dollars to prevent wildfires and 
preparedness/suppression dollars to suppress fires. Further, 
the Committee expects Department agencies to devote a higher 
portion of funds on these efforts.

                FLAME Wildfire Suppression Reserve Fund


                     (INCLUDING TRANSFER OF FUNDS)




Appropriation enacted, 2012...........................       $91,853,000
Budget estimate, 2013.................................        92,000,000
Recommended, 2013.....................................        92,000,000
Comparison:
    Appropriation, 2012...............................          +147,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $92,000,000 for the FLAME Wildfire 
Suppression Reserve Fund, as requested, $147,000 above the 
fiscal year 2012 enacted level. As discussed above under the 
Wildland Fire Management account, the Committee fully funds the 
10-year average expenditure for wildfire suppression.

                    Central Hazardous Materials Fund





Appropriation enacted, 2012...........................       $10,133,000
Budget estimate, 2013.................................         9,598,000
Recommended, 2013.....................................         9,133,000
Comparison:
    Appropriation, 2012...............................        -1,000,000
    Budget estimate, 2013.............................          -465,000


    The Committee recommends $9,133,000 for the Central 
Hazardous Materials Fund, $1,000,000 below the fiscal year 2012 
enacted level and $465,000 below the budget request.

           Natural Resource Damage Assessment and Restoration


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND




Appropriation enacted, 2012...........................        $6,253,000
Budget estimate, 2013.................................         6,263,000
Recommended, 2013.....................................         6,000,000
Comparison:
    Appropriation, 2012...............................          -253,000
    Budget estimate, 2013.............................          -263,000


    The Committee recommends $6,000,000 for the Natural 
Resource Damage Assessment Fund, $253,000 below the fiscal year 
2012 enacted level and $263,000 below the budget request. The 
detailed allocation of funding by program is included in the 
table at the end of this report.

                          Working Capital Fund





Appropriation enacted, 2012...........................       $61,920,000
Budget estimate, 2013.................................        70,647,000
Recommended, 2013.....................................        56,936,000
Comparison:
    Appropriation, 2012...............................        -4,984,000
    Budget estimate, 2013.............................       -13,711,000


    The Committee recommends $56,936,000 for the Working 
Capital Fund, $4,984,000 below the fiscal year 2012 enacted 
level and $13,711,000 below the budget request.
    The Committee recommends $56,936,000 for the Financial and 
Business Management System (FBMS), equal to the fiscal year 
2012 enacted level and $10,211,000 below the budget request. 
The Committee has not included the requested increase of 
$3,500,000 for Cultural and Scientific Collections.
    Bill Language.--The Committee has included bill language 
from prior years continuing the Department of the Interior's 
prohibition on establishing reserves in the appropriated 
Working Capital Fund other than for accrued annual leave and 
depreciation of equipment without the prior approval of the 
House and Senate Committees on Appropriations.
    The Committee has continued language from prior years 
relating to the Department's ability to recover its costs for 
leasing space and providing for training, professional services 
and equipment to State, local and tribal government employees 
at the National Indian Program Training Center in Albuquerque, 
New Mexico. The National Indian Training Center's mission is to 
establish partnerships with State, local and tribal governments 
for providing educational opportunities in support of the 
Department's trust responsibilities to American Indians. Any 
funds recovered shall only be available to the National Indian 
Program Training Center.
    The Committee has also included language, as requested, 
providing authority to enter into grants and cooperative 
agreements associated with ONRR's minerals revenue collection 
and management functions including the State and Tribal Audit 
Program. ONNR had such authority under the former Bureau of 
Ocean Energy, Management, Regulation and Enforcement prior to 
its transfer to the Office of the Secretary.
    The Committee has included an Administrative Provision 
governing the acquisition of certain aircraft but has not 
included the requested authority for the acquisition of 250 
unmanned aircraft. The Committee believes the use of certain 
unmanned aerial vehicles may be beneficial in supporting a 
variety of the Department's natural resource missions. Because 
of a number of questions and concerns raised about the aerial 
monitoring of public lands, the Committee has requested a 
report detailing the specific nature of this work.

General Provisions, Department of the Interior (Including Transfers of 
                                 Funds)

    Section 101 continues a provision providing for emergency 
transfer authority (intra-bureau) with the approval of the 
Secretary.
    Section 102 continues a provision providing for emergency 
transfer authority (Department-wide) with the approval of the 
Secretary.
    Section 103 continues a provision providing for the use of 
appropriations for certain services.
    Section 104 continues a provision permitting the transfer 
of funds between the Bureau of Indian Affairs and the Office of 
the Special Trustee for American Indians.
    Section 105 continues a provision allowing the Secretary to 
pay private attorney fees for employees and former employees in 
connection with Cobell v. Salazar.
    Section 106 continues a provision allowing Outer 
Continental Shelf inspection fees to be collected by the 
Secretary of the Interior.
    Section 107 continues a provision authorizing the Bureau of 
Land Management to implement an oil and gas Internet leasing 
program.
    Section 108 continues a provision allowing for the 
reorganization of the Bureau of Ocean Energy Management, 
Regulation and Enforcement only in conformance with Committee 
reprogramming guidelines.
    Section 109 continues a provision allowing the Bureau of 
Indian Education to utilize funds recovered from grants or ISDA 
contracts to Tribes upon re-assumption of school operations by 
the Bureau.
    Section 110 continues a provision allowing the Bureau of 
Land Management to enter into long-term cooperative agreements 
for long-term care and maintenance of excess wild horses and 
burros on private land.
    Section 111 continues a provision dealing with the U.S. 
Fish and Wildlife Service's responsibilities for mass marking 
of salmonid stocks.
    Section 112 modifies a provision addressing BLM actions 
regarding grazing on public lands.
    Section 113 modifies a provision providing for the trailing 
of livestock across public lands through fiscal year 2014.
    Section 114 continues a provision prohibiting funds to 
implement, administer or enforce Secretarial Order 3310 issued 
by the Secretary of the Interior on December 22, 2010.
    Section 115 makes corrections on claim maintenance fee 
amendments.
    Section 116 extends by one year the reporting deadline for 
the Indian Law and Order Commission to complete its report to 
Congress. The Commission's work was delayed by a year due to a 
lack of Federal funds.
    Section 117 requires the Secretary to make a timely 
decision on the matter of a proposal to delist gray wolves.
    Section 118 extends National Heritage Area authorities.
    Section 119 provides the BLM and BIA with certain hiring 
authorities.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

    The Environmental Protection Agency (EPA) was created by 
Reorganization Plan No. 3 of 1970, which consolidated nine 
programs from five different agencies and departments. Major 
EPA programs include air and water quality, drinking water, 
hazardous waste, research, pesticides, radiation, toxic 
substances, enforcement and compliance assurance, pollution 
prevention, Inland oil spill, Superfund, Brownfields, and the 
Leaking Underground Storage Tank program. In addition, EPA 
provides Federal assistance for wastewater treatment, sewer 
overflow control, drinking water facilities, other water 
infrastructure projects, and diesel emission reduction 
projects. The Agency is responsible for conducting research and 
development, establishing environmental standards through the 
use of risk assessment and cost-benefit, monitoring pollution 
conditions, seeking compliance through enforcement actions, 
managing audits and investigations, and providing technical 
assistance and grant support to States and Tribes, which are 
delegated authority for much of the program implementation. 
Under existing statutory authority, the Agency contributes to 
specific homeland security efforts and may participate in 
international environmental activities.
    Among the statutes for which the Environmental Protection 
Agency has sole or significant oversight responsibilities are:
    National Environmental Policy Act of 1969, as amended.
    Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended.
    Toxic Substances Control Act, as amended.
    Clean Water Act [Federal Water Pollution Control Act], as 
amended.
    Federal Food, Drug and Cosmetic Act, as amended.
    Ocean Dumping Act [Marine Protection, Research, and 
Sanctuaries Act of 1972], as amended.
    Oil Pollution Act of 1990.
    Safe Drinking Water Act [Public Health Service Act (Title 
XIV)], as amended.
    Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act.
    Clean Air Act, as amended.
    Great Lakes Legacy Act of 2002.
    Bioterrorism Preparedness and Response Act of 2002.
    Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended.
    Small Business Liability Relief and Brownfields 
Revitalization Act of 2002 (amending CERCLA).
    Emergency Planning and Community Right-to-Know Act of 1986.
    Pollution Prevention Act of 1990.
    Pollution Prosecution Act of 1990.
    Pesticide Registration Improvement Act of 2003.
    Energy Policy Act of 2005.
    Energy Independence and Security Act of 2007.
    For fiscal year 2013, the Committee recommends 
$7,055,041,000 for the Environmental Protection Agency, 
$1,394,344,000 below the fiscal year 2012 enacted level and 
$1,289,439,000 below the budget request. The amounts 
recommended by the Committee are changes to the request. 
Comparison to the budget request and 2012 enacted levels are 
shown by account, program area and selected activity in the 
table at the end of the report.
    Reprogramming.--The Agency is held to the reprogramming 
limitation of $1,000,000. This limitation will be applied to 
each program area in every account at the levels provided in 
the detailed table at the end of this report. This will allow 
the Agency the flexibility to reprogram funds within a set 
program area. However, where the Committee has cited funding 
levels for certain program projects or activities within a 
program area, the reprogramming limitation continues to apply 
to those funding levels. Further, the Agency may not use any 
amount of deobligated funds to initiate a new program, office, 
or initiative, without the prior approval of the Committee. The 
other guidelines laid out in the ``Reprogramming Guidelines'' 
section of this report continue to be in effect.
    Congressional Budget Justification.--The Committee directs 
the Agency to include in future Justifications the following 
items: (1) a comprehensive index of programs and activities 
within the program projects; (2) the requested bill language, 
with changes from the enacted language highlighted, at the 
beginning of each account section; (3) a justification for 
every program/project, including those proposed for 
elimination; (4) a comprehensive, detailed explanation of all 
changes within a program project; (5) a table showing 
consolidations, realignments or other transfers of resources 
and personnel from one program project to another such that the 
outgoing and receiving program projects offset and clearly 
illustrate a transfer of resources; and, (6) a table listing 
the budgets and FTE by major office within each National 
Program Management area with pay/non-pay breakouts. The 
Committee notes that the Congressional Justification includes 
the bill language for each account. The Committee directs the 
Agency to highlight and explain any changes to the proposed 
bill language in the Congressional Justification.

                         Science and Technology

    The Science and Technology (S&T) account funds all 
Environmental Protection Agency research (including Superfund 
research activities paid with funds moved into this account 
from the Hazardous Substance Superfund account). This account 
includes programs carried out through grants, contracts, and 
cooperative agreements, cooperative research and development 
agreements, and interagency agreements, with other Federal 
agencies, States, universities, nonprofit organizations, and 
private business, as well as in-house research. It also funds 
personnel compensation and benefits, travel, supplies and 
operating expenses, including rent, utilities and security, for 
all Agency research. Research addresses a wide range of 
environmental and health concerns across all environmental 
media and encompasses both long-term basic and near-term 
applied research to provide the scientific knowledge and 
technologies necessary for preventing, regulating, and abating 
pollution, and to anticipate emerging environmental issues.




Appropriation enacted, 2012...........................      $793,728,000
Budget estimate, 2013.................................       807,257,000
Recommended, 2013.....................................       738,357,000
Comparison:
    Appropriation, 2012...............................       -55,371,000
    Budget estimate, 2013.............................       -68,900,000


    The Committee recommends $738,357,000 for Science and 
Technology, $55,371,000 below the fiscal year 2012 enacted 
level and $68,900,000 below the budget request. The Committee 
recommends that $22,979,000 be paid to this account from the 
Hazardous Substance Superfund account for ongoing research 
activities. The changes to the request, as recommended by the 
Committee, appear in the table at the end of this report. The 
Committee provides the following additional detail by program 
area.
    Clean Air and Climate.--The Committee recommends 
$115,819,000, which is $8,559,000 below the fiscal year 2012 
enacted level and $11,289,000 below the budget request. The 
Committee has not provided the requested increase to implement 
the Cross-State Air Pollution rule, and maintains funding for 
Federal Vehicle and Fuels standards at the fiscal year 2012 
enacted level.
    Enforcement.--Funding for forensics support has been 
maintained at the 2012 enacted level of $15,269,000, which is 
$324,000 below the budget request.
    IT/Data Management.--Funding has been maintained at the 
fiscal year 2012 enacted level of $3,652,000, which is $395,000 
below the budget request.
    Operations and Administration.--The Committee recommends 
$68,970,000 for Facilities Infrastructure and Operations, 
$3,049,000 below the fiscal year 2012 enacted level and 
$6,515,000 below the budget request. The Committee continues to 
support plans to reduce energy utilization rates in order to 
mitigate rising utility costs.
    Pesticide Licensing.--Funding has been maintained at the 
fiscal year 2012 enacted level of $6,563,000 which is $535,000 
below the budget request.
    Research: Air, Climate and Energy.--The Committee 
recommends $95,043,000, which is $3,802,000 below the fiscal 
year 2012 enacted level and $10,851,000 below the budget 
request. From within this amount, $77,195,000 is for Research: 
Clean Air and $15,805,000 is for Research: Global Change.
    Research: Chemical Safety and Sustainability.--The 
Committee recommends $123,047,000, which is $8,241,000 below 
the fiscal year 2012 enacted level and $11,699,000 below the 
budget request.
    Research: National Priorities.--The bill provides 
$5,000,000 which shall be used for extramural research grants, 
independent of the STAR grant program, to fund high-priority 
water quality and availability research by not-for-profit 
organizations who often partner with the Agency. Funds shall be 
awarded competitively with priority given to partners proposing 
research of national scope and who provide a 25 percent match. 
The Agency is directed to allocate funds to grantees within 180 
days of enactment of this Act.
    Research: Safe and Sustainable Water Resources.--The 
Committee recommends $101,921,000, which is $11,555,000 below 
the fiscal year 2012 enacted level and $19,269,000 below the 
budget request. Within the funds provided, the Committee 
supports the requested increase for research to reduce combined 
sewer overflow impacts. The Committee has not provided the 
requested $4,250,000 increase for additional hydraulic 
fracturing research, or the $2,000,000 increase for the new 
Southern New England Program. Further, the Committee rejects 
the proposed $2,326,000 cut to the innovative research on small 
drinking water systems.
    Research: Sustainable and Healthy Communities.--The 
Committee recommends $152,707,000, which is $18,034,000 below 
the fiscal year 2012 enacted level and $13,023,000 below the 
budget request.
    Additional Guidance.--The Committee has included the 
following additional guidance with respect to funding provided 
under this account.
    Endocrine Disruptor Research.--The Committee has 
longstanding interest in EPA's effort in determining possible 
health and environmental effects of chemicals. To improve 
analysis of chemicals, EPA needs to improve its scientific 
understanding of chemical properties in order to better inform 
the Agency's Contaminant Candidate List as required by the Safe 
Drinking Water Act; Air Toxics Strategy as required under the 
Clean Air Act; and all required activities under the Toxic 
Substances Control Act. EPA is directed to provide a report to 
the Committee that details its current and future efforts to 
develop approaches to understand the toxicity of chemicals in 
terms of molecular ``groups'' or ``families'' based on the 
chemical's intrinsic properties. In addition, as part of EPA's 
overall efforts to modernize risk assessment protocols, the 
Committee encourages EPA to incorporate the various 
recommendations of the National Academy of Sciences report, 
``Science and Decisions,'' and develop a report on the latest 
scientific literature on low-dose toxicity and non-monotonic 
dose response curves.
    Hydraulic Fracturing.--In 2010, the Committee urged EPA to 
research whether there is a relationship between hydraulic 
fracturing and drinking water. The Committee understands EPA 
has incorporated a review of environmental justice impacts into 
this study, which the Committee finds to be outside the scope 
of the 2010 language and an inappropriate use of funds. No 
funds have been provided in the bill to research environmental 
justice impacts related to hydraulic fracturing, and EPA shall 
discontinue the use of any resources that may have been 
diverted to this subactivity. The Committee directs the Agency 
to release the study's findings with respect to whether there 
is a relationship between hydraulic fracturing and drinking 
water following appropriate public comment as directed in House 
Report 112-151 and peer review.
    Integrated Risk Information System (IRIS).--The Committee 
strongly supports the goals of EPA's IRIS Program and believes 
a transparent, robust, and reproducible approach for 
synthesizing scientific information is an important element of 
influential Federal scientific assessment programs. However, it 
has become increasingly clear that fundamental improvements in 
the policies and practices of the IRIS program are necessary to 
ensure that the assessments developed are firmly based on up-
to-date scientific knowledge, meet the highest of standards of 
scientific inquiry, and are evaluated in accordance with 
acceptable scientific approaches. Therefore, building from the 
directives in the fiscal year 2012 Interior, Environment, and 
Related Agencies conference report, the Committee directs the 
Agency to take the following actions:
    (a) For draft and final IRIS assessments released in fiscal 
year 2013, the Agency shall include documentation describing 
how the Chapter 7 recommendations of the National Academy of 
Sciences (NAS) have been implemented or addressed, including an 
explanation for why certain recommendations were not 
incorporated.
    (b) The Agency shall issue a progress report to the House 
and Senate Committees on Appropriations and relevant 
Congressional authorizing committees no later than March 1, 
2013, describing the IRIS Program's implementation of the 
National Research Council's Chapter 7 recommendations.
    (c) Accordingly, the Committee directs EPA to re-evaluate, 
using acrylonitrile and other relevant assessments as case 
studies, the methods previously used to evaluate and interpret 
the body of available scientific data, including the weight-of-
evidence approach, and include in the report called for in 
section (b) a chapter on whether there are scientifically more 
appropriate methods to assess, synthesize and draw conclusions 
regarding likely human health effects associated with likely 
exposures to the substances.
    Laboratory Workforce Planning.--In July 2011, the GAO found 
that EPA needs a more coordinated approach to managing its 
laboratories. Of particular concern to the Committee, the GAO's 
findings reiterated that the Agency has failed to 
comprehensively plan for managing its workforce across its 
laboratories. The Committee is pleased that the Agency has 
identified a number of science-related positions as mission 
critical occupations. However, EPA should develop a 
comprehensive workforce planning process for all laboratories 
that is based on reliable workforce data in order to identify 
future needs across all Agency laboratories.
    Title 42 Hiring Authority.--The Committee has increased the 
authorized cap for Title 42 slots from 30 to 50 in the 
Administrative Provisions section. While the Committee 
recognizes the world class talent that currently resides within 
the Agency, EPA should identify where critical talent gaps 
exist and actively recruit accredited scientists with the 
knowledge and expertise needed by the Agency. As such, the 
Committee continues to direct EPA to use Title 42 authority to 
recruit external talent to the Agency.
    ToxCast.-- The Committee supports EPA's leadership role in 
the creation of a new paradigm for chemical risk assessment 
based on the incorporation of advanced molecular biological and 
computational methods in lieu of animal toxicity tests. The 
Committee encourages EPA to continue to expand its support for 
the use of human biology-based experimental and computational 
approaches in health research to further define toxicity and 
disease pathways and develop tools for their integration into 
evaluation strategies. Funding should be made available for the 
evaluation of the relevance and reliability of Tox21 methods 
and prediction tools to assure readiness and utility for 
regulatory purposes, including pilot studies of pathway-based 
risk assessments. The Committee directs that EPA provide a 
report on associated funding in fiscal year 2013 for the 
aforementioned activities and a progress report of Tox21 
activities in the fiscal year 2014 Congressional justification, 
featuring a five-year plan for projected budgets for the 
development of Tox21 methods, and including prediction models 
and activities specifically focused on establishing scientific 
confidence in them for regulatory applications.

                 Environmental Programs and Management

    The Environmental Programs and Management account 
encompasses a broad range of abatement, prevention, 
enforcement, and compliance activities, and personnel 
compensation, benefits, travel, and expenses for all programs 
of the Agency except Science and Technology, Hazardous 
Substance Superfund, Leaking Underground Storage Tank Trust 
Fund, Inland Oil Spill Programs, and the Office of Inspector 
General.
    Abatement, prevention, and compliance activities include 
setting environmental standards, issuing permits, monitoring 
emissions and ambient conditions and providing technical and 
legal assistance toward enforcement, compliance, and oversight. 
In most cases, the States are directly responsible for actual 
operation of the various environmental programs, and the 
Agency's activities include oversight and assistance.
    In addition to program costs, this account funds 
administrative costs associated with the operating programs of 
the Agency, including support for executive direction, policy 
oversight, resources management, general office and building 
services for program operations, and direct implementation of 
Agency environmental programs for headquarters, the ten EPA 
regional offices, and all non-research field operations.




Appropriation enacted, 2012...........................    $2,678,222,000
Budget estimate, 2013.................................     2,817,179,000
Recommended, 2013.....................................     2,479,081,000
Comparison:
    Appropriation, 2012...............................      -199,141,000
    Budget estimate, 2013.............................      -338,098,000


    The Committee recommends $2,479,081,000 for Environmental 
Programs and Management, $199,141,000 below the fiscal year 
2012 enacted level and $338,098,000 below the budget request. 
The changes to the request, as recommended by the Committee, 
appear in the table at the end of this report. The Committee 
provides the following additional detail by program area:
    Brownfields.--The Committee recommends $23,642,000, equal 
to the fiscal year 2012 enacted level and $2,043,000 below the 
budget request. The Committee has not provided funding for the 
Smart Growth program, a voluntary interagency partnership 
established in 2009 without a Congressional mandate. The 
Committee maintains the FTE at the fiscal year 2012 enacted 
level as grants in the STAG account have been reduced.
    Clean Air and Climate.--The Committee recommends 
$256,709,000, $29,399,000 below the fiscal year 2012 enacted 
level and $56,486,000 below the budget request. Within the 
amount provided, the Committee directs the following changes to 
the request:
    For the Climate Protection Program, the Committee provides 
$84,919,000, which is $14,562,000 below the fiscal year 2012 
enacted level and $23,072,000 below the budget request. The 
Committee provides the following program amounts from within 
this total: (1) $48,063,000 for the Energy Star program; (2) 
$6,400,000 for the Greenhouse Gas Registry; and (3) $25,529,000 
for voluntary climate protection programs which divert funds 
away from EPA's core mission responsibilities and often lack a 
statutory mandate.
    For Federal Stationary Source Regulations, the Committee 
provides $20,590,000, which is $6,708,000 below the fiscal year 
2012 enacted level and $13,552,000 below the budget request. 
This amount provided does not include funding for the 
greenhouse gas New Source Performance Standards. Further, EPA's 
justification identifies 70 air toxics rules that need to be 
under development by fiscal year 2013. EPA's regulatory agenda 
is out of control and it must be tempered. Further, the 
committee disagrees with the proposal to add 24 new Federal 
regulators for stationary sources.
    For Federal Support for Air Quality Management, the 
Committee provides $115,270,000, which is $8,199,000 below the 
fiscal year 2012 enacted level and $19,571,000 below the budget 
request. The recommended level includes a $3,100,000 reduction 
from the budget request to fund EPA's greenhouse gas stationary 
source permitting programs at the fiscal year 2011 enacted 
level.
    Compliance.--The Committee provides $106,707,000, equal to 
the fiscal year 2012 enacted level and $18,502,000 below the 
budget request.
    Enforcement.--The Committee recommends $226,555,000, which 
is $23,004,000 below the fiscal year 2012 enacted level and 
$38,887,000 below the budget request. For fiscal year 2013, EPA 
continues to propose increases for the enforcement budget 
despite reductions in the FTE levels.
    Environmental Protection: National Priorities.--The bill 
provides $15,000,000 for a competitive grant program to provide 
rural and urban communities with technical assistance to 
improve water quality and provide safe drinking water. Of the 
amount provided, $13,000,000 shall be for grants to qualified 
not-for-profits providing training and technical assistance on 
a national level, or multi-state regional basis, and $2,000,000 
shall be for grants to qualified not-for-profits to provide 
technical assistance to private drinking water well owners. EPA 
shall award grants to not-for-profit organizations that provide 
at least a 10 percent match, including in-kind contributions. 
EPA shall give priority to those organizations that are 
supported by a majority of small community water systems or 
currently provide assistance to private well owners. The Agency 
is directed to allocate funds to grantees within 180 days of 
enactment of this Act.
    Geographic Programs.--The Committee recommends 
$346,261,000, which is $63,458,000 below the fiscal year 2012 
enacted level and $65,441,000 below the budget request. The 
Committee has provided funding for programs that support 
restoration and protection of our nation's most important water 
bodies, as protection of these resources continues to be a 
priority for the Committee. From within the amount provided, 
the Committee directs the following changes to the request:
    Great Lakes Restoration Initiative.--The Committee 
recommends $250,000,000 for the Great Lakes Restoration 
Initiative (GLRI), $49,520,000 below the fiscal year 2012 
enacted level and $50,000,000 below the budget request. The 
GLRI continues to be the largest single recipient of funds 
within Geographic Programs, and restoration of the Great Lakes 
continues to be a key priority for the Committee. EPA may 
distribute the funds provided among the five focus areas but 
shall not spend less than the fiscal year 2012 enacted level 
for Toxic Substances and Areas of Concern and for the Invasive 
Species focus areas. The Committee directs the Agency to 
provide a revised spending plan for the Great Lakes program 
that includes funding levels for the five focus areas at the 
same time the Agency submits its Operating Plan. Once 
submitted, changes to the funding amounts for the focus areas 
are subject to a reprogramming threshold of $5,000,000. The 
Agency is further directed to report quarterly to the 
Committees on Appropriations on changes below the threshold.
    The Committee is pleased with EPA's recent announcement 
establishing a non-governmental advisory board to solicit 
stakeholder input in a structured manner. The Committee reminds 
EPA and its Federal agency partners that funds for this 
initiative are to supplement rather than supplant those funds 
already being spent on Great Lakes programs by the agencies 
prior to the establishment of the initiative. The Committee 
urges the Agency to review the size and scope of its grants to 
allow for increased dollar levels for individual projects that 
would address the areas of greatest challenge to the long-term 
health of the ecosystem even if these projects would result in 
an unbalanced distribution of funds throughout the Great Lakes 
States.
    The Nearshore Health and Nonpoint Source Pollution focus 
area under the Great Lakes Restoration Initiative is critical 
for maintaining healthy communities within the Great Lakes 
region. The Committee directs the EPA and other Federal 
partners to prioritize work surrounding algal bloom control to 
improve water quality in the Great Lakes, particularly within 
the focus area for Nearshore Health and Nonpoint Source 
Pollution.
    Lastly, the Committee directs EPA and the other Federal 
partners to prioritize action oriented projects in lieu of 
additional studies, monitoring and evaluations. Sound science 
should continue to serve as the backbone for all decisions in 
the Great Lakes; however, the Committee expects to see 
measurable results from the large increases provided over the 
last few fiscal years.
    Chesapeake Bay.--The Committee recommends $50,000,000 for 
the Chesapeake Bay Program, $7,299,000 below the fiscal year 
2012 enacted level and $22,618,000 below the budget request. 
From within the amount provided, $8,000,000 is for nutrient and 
sediment removal grants and $2,000,000 is for small watershed 
grants to control polluted runoff from urban, suburban and 
agricultural lands.
    Puget Sound.--The Committee provides $29,952,000, equal to 
the fiscal year 2012 enacted level and $10,663,000 above the 
budget request. Funds shall be allocated in the same manner as 
directed in House Report 112-331. The Committee directs EPA to 
expeditiously obligate funds, in a manner consistent with the 
authority and responsibilities under Section 320 and the 
National Estuary Program.
    Community Action for a Renewed Environment (CARE).--
Consistent with fiscal year 2012 levels, the Committee provides 
no funding for the CARE program in fiscal year 2013.
    Other Geographic Activities.--The Committee has not 
provided funding for the Northwest Forest program as it lacks 
demonstrable results.
    Information Exchange/Outreach.--The Committee recommends 
$115,793,000, which is $14,899,000 below the fiscal year 2012 
enacted level and $23,611,000 below the budget request. The 
recommendation provides $43,638,000 for Congressional, 
Intergovernmental, and External Relations. From within this 
amount, $2,200,000 has been provided for the Administrator's 
Immediate Office. The bill provides $4,235,000 for the Office 
of Congressional and Intergovernmental Relations, which is 
$4,000,000 below the budget request. The Committee is acutely 
aware that a backlog of responses to Congressional letters, 
informal questions, and questions for the record exists as 
Member offices have requested the Committee's assistance to 
obtain answers. The consistent lack of responsiveness to 
Congressional inquiries has been a pervasive concern raised at 
oversight hearings throughout the year and the pattern suggests 
a systematic approach to hindering Congressional oversight.
    International Programs.--The Committee recommends 
$17,604,000, equal to the fiscal year 2012 enacted level and 
$1,530,000 below the budget request. Similarly, all program 
areas have within the amounts provided been maintained at the 
fiscal year 2012 enacted level.
    IT/Data Management/Security.--The Committee recommends 
$93,689,000, which is $1,036,000 below the fiscal year 2012 
enacted level and $2,072,000 below the budget request.
    Legal/Science/Regulatory/Economic Review.--The Committee 
recommends $89,234,000, which is $21,518,000 below the fiscal 
year 2012 enacted level and $43,218,000 below the budget 
request. The Committee has not included funding for the Smart 
Growth Program and the Promoting a Greener Economy Initiative 
in fiscal year 2013. On average, EPA produces 150 new 
regulations per year and the process for the regulatory 
development is overseen by the Office of Regulatory Policy and 
Management. EPA's regulatory agenda has had a chilling effect 
on infrastructure investments and the reductions come not only 
at a critical time for reducing spending but also at a time to 
reduce the pace of new regulations.
    Operations and Administration.--The Committee recommends 
$473,695,000, which is $13,388,000 below the fiscal year 2012 
enacted level and $37,503,000 below the budget request. EPA has 
the flexibility to redirect any funds from rent or utility 
savings in order to meet other identified needs within the 
recommended level.
    Pesticides Licensing.--The Committee recommends 
$110,348,000, equal to the fiscal year 2012 enacted level and 
$659,000 below the budget request.
    Resource Conservation and Recovery Act.--The Committee 
recommends $112,469,000, equal to the fiscal year 2012 enacted 
level and $4,829,000 below the budget request. The Committee 
has not provided the $2,000,000 request to develop the e-
manifest system. The Committee strongly supports efforts to 
build a cost-effective IT system to manage manifest 
transactions electronically along with efforts to provide EPA 
with the authority to collect user fees to offset the cost to 
the taxpayer.
    Toxics Risk Review Prevention.--The Committee recommends 
$97,678,000, which is $2,293,000 below the fiscal year 2012 
enacted level and $11,529,000 below the budget request. The 
endocrine disruptor program is funded at the requested level of 
$7,238,000.
    Water: Ecosystems.--The Committee recommends $48,174,000, 
equal to the fiscal year 2012 enacted level and $6,815,000 
below the budget request. Funding for the National Estuary 
Program/Coastal Waterways and the Wetlands programs has been 
maintained at the fiscal year 2012 level. Considering the 
October 6, 2011 decision by the Federal District Court for the 
District of Columbia in NMA v. Jackson which affirmed a 
``statutory ceiling'' for EPA's involvement in the issuance of 
Section 404 Clean Water Act permits, the Committee remains 
concerned with the backlog of mining permits that still need to 
be approved, particularly in Appalachia. The Committee also 
remains concerned about the EPA's development of comprehensive 
guidance for permitting reviews under the CWA and Surface 
Mining Control and Reclamation Act, which has not only 
circumvented Congressional prerogatives but also unduly 
hampered States' statutory role in implementing federally 
approved permitting programs and caused further delays and 
hardships in obtaining CWA and SMCRA permits. The Committee 
therefore expects EPA will use the funds provided to accelerate 
the processing of these mining permits with the Corps of 
Engineers. Further, the Committee directs EPA, in consultation 
with the Corps of Engineers, to report quarterly on the number 
of Section 404 permits under review including: the date 
received, the number of days each permit has been under review, 
the ``DA number'', the permittee, the project name, the permit 
type, geographical information (county and State), and where 
action was taken on a permit the report should include 
disposition of each permit, and the date issued or remanded.
    Water: Human Health Protection.--The Committee recommends 
$96,315,000, which is $4,784,000 below the fiscal year 2012 
enacted level and $9,000,000 below the budget request.
    Water Quality Protection.--The Committee recommends 
$192,188,000, which is $24,566,000 below the fiscal year 2012 
enacted level and $30,973,000 below the budget request.
    Additional Guidance.--The Committee has included the 
following additional guidance with respect to funding provided 
under this account.
    Administrator Priorities.--The Committee notes that EPA has 
failed to submit the report on Administrator Priorities as 
directed in the fiscal year 2012 Interior, Environment, and 
Related Agencies conference report. The lack of transparency in 
budgeting is troubling particularly for these funds that lack 
known performance metrics. As such, no funds have been provided 
in the bill, and EPA is directed to submit a report within 90 
days of enactment of this Act that identifies how any fiscal 
year 2011 and 2012 funding was used, by account, program area, 
and program project. Each activity funded should include a 
justification for the effort and any anticipated results.
    Aerial Compliance Monitoring.--EPA has indicated that the 
Agency and States have used aerial over-flights as a cost-
effective tool to verify compliance with environmental laws in 
impaired watersheds for nearly a decade. The Committee directs 
EPA to submit a report to the House and Senate Committees on 
Appropriations within 180 days of enactment of this Act that 
identifies by fiscal year: the amount of funding spent to 
contract for aerial over-flights, the contractor performing the 
work, the number of flights performed, and geographical areas 
(county and State) that the contracted flights surveyed. The 
report shall include expenditures from fiscal year 2003 to 
fiscal year 2012. The report shall also include data that 
identifies by fiscal year the number of enforcement actions 
where aerial survey information was utilized as contributing 
evidence, and the outcome of each action.
    Bed Bugs.--The Committee is pleased that EPA has initiated 
a process establishing efficacy standards for conventional 
pesticides that claim to kill or control bed bugs. However, the 
Committee is concerned that EPA has decided not to apply these 
standards to products that fall under Section 25(b) of the 
Federal Insecticide, Fungicide and Rodenticide Act, where the 
greatest abuse of consumers is occurring. These products have 
proliferated in the marketplace and many either only kill bed 
bugs on contact, or do not work at all, and do not control bed 
bug infestations. The Committee encourages EPA to apply any 
efficacy standards that it develops for products that claim to 
kill or control bed bug infestations to all products that claim 
to do so.
    Brown Marmorated Stink Bug.--The Committee continues to 
encourage EPA's Office of Chemical Safety and Pollution 
Prevention to work collaboratively with the U.S. Department of 
Agriculture, including the Agricultural Research Service, the 
National Institute of Food and Agriculture, and the Animal and 
Plant Health Inspection Service, and State partners to 
expeditiously approve a control program for the brown 
marmorated stink bug as soon as the appropriate agents are 
evaluated for release.
    Confidential Business Information.--Fundamental 
improvements to the policies and practices of the Office of 
Pollution Prevention's review and evaluation of confidential 
business information (CBI) claims are necessary to ensure that: 
legitimate claims for trade secrets and CBI are protected from 
disclosure; structurally-descriptive generic names are provided 
in lieu of confidential chemical identity; and appropriate 
health and safety information is still made available to the 
public. The Committee directs that no fiscal year 2013 funds 
shall be used to propose or issue any final rules removing 
existing regulatory provisions addressing claims of 
confidentiality for chemical identity in health and safety 
studies under the Toxic Substances Control Act. Further, the 
Committee strongly urges EPA to enhance and update its current 
guidance on the use and development of structurally-descriptive 
generic names to be used in lieu of confidential chemical 
identity.
    Drinking Water Treatment Compliance Flexibility.--The 
Committee recognizes that EPA's Long Term 2 Enhanced Water 
Treatment Rule presents significant costs and technical 
challenges for systems serving fewer than 100,000 persons. When 
setting the compliance schedule, the Committee understands EPA 
has provided as much flexibility as it could statutorily offer 
under the Safe Drinking Water Act. Nonetheless, the current 
timeframes present significant challenges for communities 
seeking to annualize the capital investment required to 
implement a number of EPA rulemakings. The Committee directs 
EPA and the States to work as partners with municipalities who 
are progressing in good faith toward complying with the rule 
and simply need additional time to minimize volatility in water 
utility rates for rate payers. The Committee directs EPA to 
convene a working group of Federal, State, and local 
stakeholders to discuss options for compliance schedules and 
report to the Committee within 180 days of enactment of this 
Act about interim options for ensuring protection of human 
health and the environment under the rule without the use of an 
enforcement action or an administrative order.
    Emissions Control Area Pilot.--The Committee has included 
bill language in Title IV General Provisions establishing a 
pilot program for vessels to demonstrate alternative methods to 
comply with international emissions standards. The 
participating vessel owners will report to EPA utilizing simple 
averaging and weighted averaging methodologies to be agreed 
upon, and including utilization of shore power where available.
    The EPA Administrator will report to the Committees on 
Appropriations on the effectiveness of the equivalent methods 
of compliance, the results of the modeling and atmospheric 
testing, the availability of low sulfur fuel, and recommended 
modifications to the next phase of implementation in order to 
ensure achievement of the human health objectives of the 
International Convention for the Prevention of Pollution from 
Ships, 1973/78 (MARPOL), Annex VI, Regulation 4 in as cost-
effective manner as possible.
    Exceptional Events.--The Committee is aware that on May 2, 
2011 EPA released its Draft Guidance on the Implementation of 
the Exceptional Rule in order to ``clarify key provisions of 
the 2007 Exceptional Events Rule to respond to questions and 
issues that have arisen since the rule was promulgated.'' After 
receiving comments, EPA has not revised its guidance or 
proposed revisions to a new Exceptional Events Rule. The 
Committee directs EPA to take the necessary steps to implement 
an approach to exclude from air quality data exceedences of air 
quality standards caused by so-called exceptional events, or 
events that are not reasonably controllable or preventable, 
that maximizes transparency and predictability for States, 
Tribes, and local governments and minimizes the regulatory and 
cost burdens States, Tribes, and local governments bear. 
Further, EPA is directed to provide a report within 180 days of 
enactment of this Act that includes by Region the annual number 
of submitted exceptional event demonstrations as well as the 
number approved, disapproved, and withdrawn from March 2007 
through May 2011.
    Endocrine Disruptors.--The Committee recognizes that EPA is 
continuing to extend existing long-term reproduction studies in 
birds, fish, and other species to two- or multi-generation 
tests for the Endocrine Disruptor Screening Program (EDSP). The 
Committee is also aware that EPA is considering replacing the 
two-generation mammalian study with an extended one-generation 
test on the basis of an international review of rat 
reproduction studies that shows the lack of utility of a second 
generation. The Committee directs EPA to maximize the 
efficiency of each protocol and minimize unnecessary costs and 
animal use by assessing the utility (including sensitivity, 
specificity and value of information added relative to the 
assessment of endocrine disruption) of each endpoint in the 
study, including specifically the need to produce more than one 
generation of offspring in the bird, fish, and amphibian EDSP 
Tier 2 tests and issue a public report on its findings for 
comment. The Committee also directs EPA to determine what 
information the Agency requires to assess and manage potential 
risks to human health and the environment in regards to 
endocrine disruption, to minimize unnecessary endocrine 
screening and testing, and to use existing scientific data in 
lieu of requiring new data, when possible. The Committee 
understands that EPA is currently working with OECD to develop 
and modify EDSP methods. EPA should work within the framework 
and timing of the OECD Test Guideline work plan to minimize 
duplicative efforts.
    Navajo Generating Station.--The Committee is aware that, in 
2009, EPA announced its intention to issue a rule for 
controlling emissions from Northern Arizona's Navajo Generating 
Station (NGS) that could affect visibility in Class I Areas 
under the Clean Air Act (CAA). Since then, EPA has collected 
information on the five statutory factors the CAA requires for 
determining which technologies constitute the Best Available 
Retrofit Technology (BART) for NGS. EPA previously indicated 
promulgation of a rule to determine what control technology 
constitutes BART for NGS was imminent and would be issued early 
in 2012. Yet, the Administrator testified at the fiscal year 
2013 budget hearing that a proposal could be expected in ``late 
summer'' of 2012. The economic impacts of the options being 
considered could have dramatic impacts on tribal stakeholders, 
the State's economy, and Arizona water users, with even the 
timing of the proposal being influential to the on-going 
operation of the Station itself. Given the duration of this 
process and the recent completion of the National Renewable 
Energy Laboratory study, the Committee urges EPA to issue a 
proposed rule as soon as possible.
    Personnel and Full Time Equivalents.--The Committee remains 
concerned about the distribution of regional FTE to 
headquarters and the Agency is directed to bring the 
headquarters FTE in line with the regional FTE. EPA is also 
directed to cap its FTE level at no more than the fiscal year 
2010 level of 16,594, which is consistent with the direction 
provided in the fiscal year 2012 Interior, Environment, and 
Related Agencies conference report. The Committee believes EPA 
can achieve this reduction of 515 FTE from the budget request 
with the funding provided.
  Regional Haze.--The Committee appreciates EPA's recent work 
with States to identify cost-effective solutions to address 
regional haze issues. However, concerns remain about which 
modeling tools and cost estimates are the most appropriate. The 
Committee believes the process for reviewing State 
implementation plans would be well-served if EPA, States, and 
industry worked collaboratively to ensure that dispersion 
models are continually improved and updated to ensure the most 
accurate predictions of visibility impacts, as well as a 
uniform set of cost estimates. The bill includes language 
directing EPA to initiate an update of its Air Pollution 
Control Cost Manual, which was last published in 2002. In 
addition, the Committee encourages EPA to work with all 
stakeholders to establish other methods to ensure accurate 
estimates of the cost of compliance, including the costs of new 
emissions control technology. The bill also includes language 
directing EPA to formally initiate a necessary dialogue between 
the Agency, modeling experts, and other stakeholders that may 
result in updates to EPA's approved modeling techniques. As 
part of that discussion, the Committee encourages EPA to 
establish guidelines for how the Agency will analyze future 
updates of CALPUFF and other dispersion models.
    Reporting of Official Time.--The Committee notes that 
official time authorized by the Agency for labor unions that 
are the exclusive representative of Agency employees has 
steadily increased from fiscal year 2009 through fiscal year 
2011. In light of resource constraints, the Committee expects 
that both official time and the associated support are properly 
managed and efficiently used. The Agency shall provide a 
consolidated report on union official time which includes: time 
and attendance data; salaries and expenses; cost estimates for 
dedicated office space, equipment, information technology 
services, travel and Per Diem for fiscal year 2012 within 90 
days of the end of the fiscal year. In addition, the Agency 
will provide consolidated information concerning the deduction 
of dues and the allotment of those dues to the exclusive 
representative. Further, the report will reflect information on 
any authorized full-time union positions.
    Risk Management Plans.--The Committee is troubled by the 
EPA announcement that it intends to make risk management plans 
publicly available via its website, reversing a longstanding 
practice of making those documents available only upon request 
or as a hard copy. The Committee directs EPA to maintain its 
practice of only releasing all Risk Management Plan information 
pursuant to a FOIA request or in EPA reading rooms.
    Rodenticides.--The Committee is aware the proposed 
cancellation of consumer uses of second-generation 
anticoagulant rodenticides could lead to a significant loss in 
the effectiveness of rodent control. Moreover, the Scientific 
Advisory Panel that raised the aforementioned concerns has also 
commented that EPA failed to appropriately address the social 
benefits of these more effective rodenticides and the loss 
therein of these benefits if EPA were to cancel the consumer 
use of second generation anticoagulants. Before taking further 
cancellation actions, the Committee expects EPA will respond to 
the comments of the Scientific Advisory Panel, address relevant 
concerns with the risk assessment, and more appropriately 
consider the potential impacts of rodent resistance in the 
United States, the economic and public health consequences of 
the proposed cancellation, and the benefits of having second 
generation rodenticides available for consumer use as allowable 
under FIFRA. The Committee urges EPA to discontinue the 
proposed cancellation if the Agency is unable to demonstrate 
how the risk of consumer use of second-generation anticoagulant 
rodenticides exceeds the benefits.
    Sanitation Infrastructure in Indian Country.--The Committee 
is concerned about the lack of sanitation infrastructure in 
Indian country and Alaska Native Villages. In collaboration 
with the Indian Health Service and the Bureau of Indian 
Affairs, the Environmental Protection Agency is directed to 
report to the Committee on a unified strategy across the 
relevant government agencies to correct these sanitation 
deficiencies over a 10-year period. EPA shall provide this 
report within six months of enactment of this Act.
  State Role in Clean Air Act Implementation.--It has come to 
the Committee's attention that the Environmental Protection 
Agency (EPA) has been moving forward with implementation of the 
Clean Air Act in a manner that appears in contravention of the 
Act's goal of State primacy in critical air quality decision-
making. EPA has a statutory requirement to act on submitted 
State implementation plans (SIPs). However, EPA's delays in the 
State implementation plan approval process have invited 
lawsuits by nongovernmental organizations and resulted in 
negotiated agreements that yield Federal intervention rather 
than State-driven regulatory outcomes. The Committee directs 
EPA to implement the Clean Air Act in a manner that maximizes 
Congress' intent for the States to play the lead role in 
relevant air quality regulatory decisions. In addition, EPA is 
directed to provide this Committee, not later than 180 days 
after the date of enactment of this Act, a report that lists, 
by region, all State implementation plan submittals that are 
currently before EPA, including descriptions of each such 
submittal and an indication for each such submittal as to 
whether such submittal has been before the Agency for longer 
than the statutory time period for required action.
    TSCA Self-Certification.--The Committee directs the 
Administrator, in consultation with the Secretary of 
Transportation, to review the TSCA self-certification process 
to ensure vessel owners are not abusing the process to avoid 
the costs associated with responsible vessel recycling, and 
report findings to the Committee within 180 days of enactment 
of this Act.

                      Office of Inspector General

    The Office of Inspector General (OIG) provides audit, 
evaluation, and investigation products and advisory services to 
improve the performance and integrity of EPA programs and 
operations. The Inspector General (IG) will continue to perform 
the function of IG for the Chemical Safety and Hazard 
Investigation Board. This account funds personnel compensation 
and benefits, travel, and expenses (excluding rent, utilities, 
and security costs) for the Office of Inspector General. In 
addition to the funds provided under this heading, this account 
receives funds from the Hazardous Substance Superfund account.




Appropriation enacted, 2012...........................       $41,933,000
Budget estimate, 2013.................................        48,273,000
Recommended, 2013.....................................        41,933,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................        -6,340,000


    The Committee recommends $41,933,000, equal to the fiscal 
year 2012 level and $6,340,000 below the budget request. In 
addition, the Committee recommends $9,939,000 as a payment to 
this account from the Hazardous Substance Superfund account, 
equal to the fiscal year 2012 enacted level.
    The IG is directed to continue to submit quarterly staffing 
reports to Congress until such time as the Committee informs 
the Inspector General that the quarterly staffing reports are 
no longer required.
    The Committee has again included authorization for the EPA 
IG to serve as the IG for the Chemical Safety and Hazard 
Investigation Board.

                        Buildings and Facilities

    The Buildings and Facilities account provides for the 
design and construction of EPA-owned facilities as well as for 
the repair, extension, alteration, and improvement of 
facilities used by the Agency. The funds are used to correct 
unsafe conditions, protect health and safety of employees and 
Agency visitors, and prevent deterioration of structures and 
equipment.




Appropriation enacted, 2012...........................       $36,370,000
Budget estimate, 2013.................................        41,969,000
Recommended, 2013.....................................        36,370,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................        -5,599,000


    The Committee recommends $36,370,000, equal to the fiscal 
year 2012 enacted level and $5,599,000 below the budget 
request. The Committee supports the proposed projects that will 
reduce Agency operational and rent costs. EPA should prioritize 
projects based on anticipated cost savings and allocate funds 
accordingly.

                     Hazardous Substance Superfund

    The Hazardous Substance Superfund (Superfund) program was 
established in 1980 by the Comprehensive Environmental 
Response, Compensation, and Liability Act to clean up emergency 
hazardous materials, spills, and dangerous, uncontrolled, and/
or abandoned hazardous waste sites. The Superfund Amendments 
and Reauthorization Act (SARA) expanded the program 
substantially in 1986, authorizing approximately $8,500,000,000 
in revenues over five years. In 1990, the Omnibus Budget 
Reconciliation Act extended the program's authorization through 
1994 for $5,100,000,000 with taxing authority through calendar 
year 1995.
    The Superfund program is operated by EPA subject to annual 
appropriations from a dedicated trust fund and from general 
revenues. Enforcement activities are used to identify and 
induce parties responsible for hazardous waste problems to 
undertake cleanup actions and pay for EPA oversight of those 
actions. In addition, responsible parties have been required to 
cover the cost of fund-financed removal and remedial actions 
undertaken at spills and waste sites by Federal and State 
agencies. Funds are paid from this account to the Office of 
Inspector General and Science and Technology accounts for 
Superfund related activities.




Appropriation enacted, 2012...........................    $1,213,808,000
Budget estimate, 2013.................................     1,176,431,000
Recommended, 2013.....................................     1,164,917,000
Comparison:
    Appropriation, 2012...............................       -48,891,000
    Budget estimate, 2013.............................       -11,514,000


    The Committee recommends $1,164,917,000 for the Hazardous 
Substance Superfund program, $48,891,000 below the fiscal year 
2012 enacted level and $11,514,000 below the budget request. 
The changes to the request, as recommended by the Committee, 
appear in the table at the end of this report. The Committee 
provides the following additional detail by program area.
    Audits, Evaluations, and Investigations.--The Committee 
recommends $9,939,000, equal to the fiscal year 2012 enacted 
level and $925,000 below the budget request.
    Compliance.--The Committee recommends $1,221,000, equal to 
the fiscal year 2012 enacted level and $2,000 below the budget 
request.
    Enforcement.--The Committee has provided $169,408,000, 
which is $17,327,000 below the fiscal year 2012 enacted level 
and $15,000,000 below the budget request.
    Indoor Air and Radiation.--The Committee recommends 
$2,468,000, equal to the fiscal year 2012 enacted level and 
$169,000 below the budget request.
    Legal/Science/Regulatory/Economic Review.--The Committee 
recommends $1,526,000, equal to the fiscal year 2012 enacted 
level and $106,000 below the budget request.
    Operations and Administration.--The Committee recommends 
$130,758,000, which is $5,000,000 below the fiscal year 2012 
enacted level and $9,623,000 below the budget request.
    Superfund Cleanup.--The Committee has provided 
$769,649,000, which is $26,231,000 below the fiscal year 2012 
enacted level and $14,434,000 above the budget request. Within 
this amount the Committee has provided $546,771,000 for the 
Remedial program, $15,000,000 above the budget request. The 
Committee is disappointed that the President's budget requested 
deep cuts for the Remedial program while proposing marginal 
reductions or increases for other Superfund line items. The 
Committee finds this to be the wrong distribution of funds for 
the Superfund account. Similarly, the President's budget 
proposes to reduce four of the six performance metrics for the 
program including reductions in the number of annual 
``construction completes'' and ``sites ready for anticipated 
reuse.'' The Committee finds this to be the wrong policy for 
addressing the nation's most contaminated hazardous waste 
sites.
    Bill Language.--Bill language authorizing transfers to the 
Science and Technology account, and the Office of Inspector 
General account, has not been included. Such transfer authority 
is not essential to ensuring funding will be allocated for 
Superfund research and Inspector General reviews. As shown in 
the table at the end of this report, the bill has maintained 
funding for both Superfund research and for Superfund audits, 
evaluations, and investigations at the fiscal year 2012 enacted 
levels.
    Additional Guidance.--The Committee has included the 
following additional guidance with respect to funding provided 
under this account:
  Financial Assurance.--The Committee is concerned that the 
promulgation of 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)) will impose a severe economic burden on industries of 
the United States. Such a result would directly conflict with 
the President's general principles of regulation as provided in 
Executive Order No. 13563 of January 18, 2011, which include 
``promoting economic growth . . . and job creation''. The 
Committee directs the Administrator of the Environmental 
Protection Agency to complete a thorough analysis of the 
capacity of the financial and credit markets to provide the 
necessary instruments (surety bonds, letters of credit, 
insurance, and trusts) for meeting any 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)). Until the 
Administrator demonstrates that such an analysis has been 
completed, the Committee provides no funds for the 
Environmental Protection Agency to develop, propose, finalize, 
implement, enforce, or administer any regulation that would 
establish any such new financial responsibility requirements. 
The Environmental Protection Agency should not, as a matter of 
policy and in this strained economy, impose a new regulatory 
program on industries of the United States if the financial and 
credit markets cannot serve the demand for additional financial 
assurance.
    Superfund Special Accounts.--The Committee is encouraged by 
the steps EPA has taken toward the effective centralized 
management of Superfund special accounts. However, the 
Committee remains concerned about the pace at which the $1.8 
billion in balances residing in Special Accounts is spent. The 
Committee directs EPA to report to the Committees on 
Appropriations within 120 days of enactment of this Act on the 
practical and legal implications of re-prioritizing funds 
planned for future-year activities (such as five year reviews) 
to cleanup activities addressing human health and environmental 
concerns in the near-term. The report should evaluate 
alternative uses for these funds, including short-term 
activities to reduce or eliminate human exposures and 
groundwater migration.
    In addition, the Committee is concerned the special exhibit 
found in Appendix A of the Congressional justification does not 
provide information on the multi-year availability or the 
geographic use of the funds. The Committee directs EPA to 
incorporate the Superfund special accounts exhibit into the 
Superfund section of the Congressional justification, add a new 
table to the exhibit showing the available balance at the 
beginning and end of year, receipts, interest, obligations, 
reclassifications, and transfers to the Trust fund for the 
prior year, current year, and budget year. EPA should also 
include a separate table that breaks out the prior year data 
outlined above by EPA region.
    Superfund Alternative Sites.--The Committee continues to 
direct the Agency to report annually, by Region, on the sites 
using the Superfund Alternative Approach Agreements, including 
intramural and extramural costs.

          Leaking Underground Storage Tank Trust Fund Program

    Subtitle I of the Solid Waste Disposal Act, as amended by 
the Superfund Amendments and Reauthorization Act, authorized 
the establishment of a response program for cleanup of releases 
from leaking underground storage tanks. Owners and operators of 
facilities with underground tanks must demonstrate financial 
responsibility and bear initial responsibility for cleanup. The 
Federal trust fund is funded through the imposition of a motor 
fuel tax of one-tenth of a cent per gallon.
    In addition to State resources, the Leaking Underground 
Storage Tanks (LUST) Trust Fund provides funding to clean up 
sites, enforces necessary corrective actions and recovers costs 
expended from the Fund for cleanup activities. The underground 
storage tank response program is designed to operate primarily 
through cooperative agreements with States. Funds are also used 
for grants to non-State entities, including Indian Tribes, 
under Section 8001 of the Resource Conservation and Recovery 
Act. The Energy Policy Act of 2005 expanded the authorized 
activities of the Fund to include the underground storage tank 
program. In 2006, Congress amended section 9508 of the Internal 
Revenue Code to authorize expenditures from the trust fund for 
prevention and inspection activities.




Appropriation enacted, 2012...........................      $104,142,000
Budget estimate, 2013.................................       104,117,000
Recommended, 2013.....................................       104,117,000
Comparison:
    Appropriation, 2012...............................           -25,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $104,117,000 for the Leaking 
Underground Storage Tank (LUST) Trust Fund Program, $25,000 
below the fiscal year 2012 enacted level and equal to the 
budget request.

                       Inland Oil Spill Programs

    This appropriation, authorized by the Federal Water 
Pollution Control Act, as amended by the Oil Pollution Act of 
1990, provides funds to prepare for and prevent releases of oil 
and other petroleum products in navigable waterways. In 
addition, EPA is reimbursed for incident specific response 
costs through the Oil Spill Liability Trust Fund managed by the 
United States Coast Guard.
    EPA is responsible for directing all cleanup and removal 
activities posing a threat to public health and the 
environment; conducting site inspections; providing a means to 
achieve cleanup activities by private parties; reviewing 
containment plans at facilities; reviewing area contingency 
plans; pursuing cost recovery of fund-financed cleanups; and 
conducting research of oil cleanup techniques. Funds for this 
appropriation are provided through the Oil Spill Liability 
Trust Fund which is composed of fees and collections made 
through provisions of the Oil Pollution Act of 1990, the 
Comprehensive Oil Pollution Liability and Compensation Act, the 
Deepwater Port Act of 1974, the Outer Continental Shelf Lands 
Act Amendments of 1978, and the Federal Water Pollution Control 
Act, as amended. Pursuant to law, the Trust Fund is managed by 
the United States Coast Guard.




Appropriation enacted, 2012...........................       $18,245,000
Budget estimate, 2013.................................        23,531,000
Recommended, 2013.....................................        18,223,000
Comparison:
    Appropriation, 2012...............................           -22,000
    Budget estimate, 2013.............................        -5,308,000


    The Committee recommends $18,223,000 for the Inland Oil 
Spill program, $22,000 below the fiscal year 2012 enacted level 
and $5,308,000 below the budget request. The Committee has not 
provided additional funds and FTE requested for increased 
facility inspections under the latest SPCC rule, but recognizes 
these activities will be a priority within base funds.

                   State and Tribal Assistance Grants

    The State and Tribal Assistance Grants (STAG) account 
provides grant funds for programs operated primarily by State, 
local, tribal and other governmental partners. The account 
includes two broad types of funds: (1) Infrastructure 
Assistance, which is used primarily by local governments for 
projects supporting environmental protection; and, (2) 
Categorical Grants, which assist State and tribal governments 
and other environmental partners with the operation of 
environmental programs. The account also includes specific 
program grants such as competitive Brownfields grants and 
diesel emissions reduction grants.
    In the STAG account, EPA provides funding for 
infrastructure projects through two State Revolving Funds 
(Clean Water and Drinking Water), geographic specific projects 
in Alaskan Native Villages and on the United States-Mexico 
Border, Brownfields revitalization projects, diesel emission 
reduction grants, and other targeted infrastructure projects.
    The State Revolving Funds (SRFs) provide Federal financial 
assistance to protect the Nation's water resources. The Clean 
Water SRF helps eliminate municipal discharge of untreated or 
inadequately treated pollutants and thereby helps maintain or 
restore the country's water to a swimmable and/or fishable 
quality. The Clean Water SRF provides resources for municipal, 
inter-municipal, State, and interstate agencies and tribal 
governments to plan, design, and construct wastewater 
facilities and other projects, including non-point source, 
estuary, stormwater, and sewer overflow projects. The Safe 
Drinking Water SRF finances improvements to community water 
systems so that they can achieve compliance with the mandates 
of the Safe Drinking Water Act and continue to protect public 
health.
    Many of the major Federal environmental statutes include 
provisions that allow the Federal government, through EPA, to 
delegate to the States and Tribes the day-to-day management of 
environmental programs or to approve State and Tribal 
environmental programs. The Federal statutes were designed to 
recognize the States as partners and co-regulators, allowing 
the States to issue and enforce permits, carry out inspections 
and monitoring, and collect data. To assist the States in this 
task, the statutes also authorized EPA to provide grants to the 
States and Tribes. These grants, which cover every major aspect 
of environmental protection, include those programs authorized 
by sections 319 and 106 of the Clean Water Act (Federal Water 
Pollution Control Act, as amended) (for non-point source 
pollution and the water quality permits programs), sections 105 
and 103 of the Clean Air Act (for State and Local air quality 
management programs), section 128 of CERCLA (for State and 
tribal response programs), section 1443(a) of the Safe Drinking 
Water Act (for public water system supervision), and section 
3011 of RCRA (for the implementation of State hazardous waste 
programs).




Appropriation enacted, 2012...........................    $3,612,937,000
Budget estimate, 2013.................................     3,355,723,000
Recommended, 2013.....................................     2,602,043,000
Comparison:
    Appropriation, 2012...............................    -1,010,894,000
    Budget estimate, 2013.............................      -753,680,000


    The Committee recommends $2,602,043,000 for the State and 
Tribal Assistance Grants account, $1,010,894,000 below the 
fiscal year 2012 enacted level and $753,680,000 below the 
budget request. The changes to the request, as recommended by 
the Committee, appear in the table at the end of this report. 
The Committee provides the following additional detail by 
program area:
    Infrastructure Assistance.--For infrastructure assistance, 
the Committee recommends $1,608,000,000, which is $916,124,000 
below the fiscal year 2012 enacted level and $545,291,000 below 
the budget request.
    During calendar year 2009, the Committee provided over $11 
billion for water and wastewater infrastructure assistance. 
Since then, the Committee provided an additional $4.87 billion 
for fiscal years 2011 and 2012. As a result, EPA has $2.4 
billion in unobligated SRF balances yet to be transferred to 
States. In addition, the States have yet to spend nearly $5 
billion that the Federal government has allocated for drinking 
water and wastewater projects. The Committee believes that EPA 
and the States must aggressively put this $7.4 billion on to 
projects in order to address the pressing infrastructure needs 
facing the nation. The bill provides funding at the fiscal year 
2008 enacted levels for the Clean Water and Drinking Water 
State Revolving Funds: $689,000,000 and $829,000,000 
respectively.
    The Committee continues bill language to allow EPA and the 
States to provide additional forms of subsidy to those 
communities which cannot afford the below market rates provided 
by an SRF loan. These subsidies will apply to 20 to 30 percent 
of the funds appropriated for the SRFs. The Committee has 
carried forward this authority recognizing that many small, 
rural and/or disadvantaged communities do not have the 
resources to borrow from the SRFs with the responsibility to 
pay back the loan, even with the lower interest rate. The 
Committee directs the Agency to submit a report within 180 days 
of enactment of this Act detailing how EPA and the States have 
used this authority including information on the number and 
amounts of loans awarded with additional subsidization, 
recipient communities, and descriptions of projects funded.
    The Committee has not included bill language mandating that 
States must use SRF grants for green infrastructure projects. 
While decentralized, alternative infrastructure projects may 
prove to be an important component in the efforts to improve 
and restore our waters, it should not be a mandatory function 
of the State Revolving Funds.
    Alaska Native Villages.--The Committee has not included 
funding for this unauthorized grant program in fiscal year 2013 
recognizing that low income and disadvantaged communities may 
apply for water and wastewater infrastructure funding through 
the State Revolving Funds. Additional subsidies are available 
for those communities that may not be able to afford the 
traditional low-interest SRF loans.
    Brownfields Infrastructure Projects.--The Committee has 
provided $60,000,000 for Brownfields Infrastructure Projects, 
$34,848,000 below the fiscal year 2012 enacted level and 
$33,291,000 below the budget request. The Committee supports 
the continued work of the Brownfields program, but at a reduced 
rate.
    Diesel Emissions Reductions Grants (DERA).--The Committee 
maintains funding for DERA grants at $30,000,000, which is 
$48,000 above the fiscal year 2012 enacted level and 
$15,000,000 above the budget request.
    U.S.-Mexico Border.--The Committee has not included funding 
for these regional water infrastructure project grants given 
that funding is available for these projects through the Clean 
and Drinking Water State Revolving funds.
    Categorical Grants.--For categorical grants to States and 
other environmental partners for the implementation of 
delegated programs, the Committee recommends $994,043,000, 
which is $94,770,000 below the fiscal year 2012 enacted level 
and $208,389,000 below the budget request. The changes to the 
request, as recommended by the Committee, appear in the table 
at the end of this report. Further, no funds have been provided 
for greenhouse gas permitting grants, or for the greenhouse gas 
reporting rule under the State and Local Air Quality Management 
budget line.
    State and Local Air Quality Management Grant Program.--The 
Committee directs EPA to allocate funds for this program using 
the same formula as fiscal year 2012.
    Bill Language.--The Committee recommends the following 
changes to the proposed STAG bill language:
          (1) deletes the green infrastructure requirement for 
        the State Revolving Funds;
          (2) deletes the authorization for the United States-
        Mexico Border infrastructure grants;
          (3) deletes the authorization for the Alaska Native 
        Villages infrastructure grants;
          (4) sets the additional subsidization requirement for 
        the State Revolving Funds between 20 and 30 percent;
          (5) removes a limitation on the amount of Clean Water 
        State Revolving Funds that may be available for 
        additional subsidization; and
          (6) deletes the language authorizing additional 
        Section 106 grants for nutrient reductions.
    Additional Guidance.--The Committee has included the 
following additional guidance with respect to funding provided 
under this account:
    Brownfields Technical Assistance Centers.--Within the funds 
provided for State and Tribal Assistance Grants, $2,000,000 is 
included for the EPA's Technical Assistance to Brownfields 
Communities program.

                       Administrative Provisions


              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

    The Committee recommendation continues the language, 
carried in prior years, concerning Tribal Cooperative 
Authority, the collection and obligation of pesticides fees, 
and additional transfer authorities for the purposes of 
implementing the Great Lakes Restoration Initiative.
    The Committee has not included proposed bill language to 
allow EPA to use funds to implement the Community Action for a 
Renewed Environment (CARE) projects. Funding has not been 
provided for the CARE program in fiscal year 2013.
    The Committee has expanded upon the President's proposal to 
rescind prior year funds. Bill language has been included to 
rescind $130,000,000 from the STAG and Superfund accounts.
    The Committee has included bill language authorizing up to 
$150,000 to be spent for facility repairs at any one time.
    The Committee has increased the authorized cap for Title 42 
slots from 30 to 50. Upon receiving the authority in fiscal 
year 2006, EPA was allocated 30 slots and EPA indicates it will 
fill all 30 positions by the end of fiscal year 2012. 
Therefore, the Committee finds that an increase in the cap is 
warranted.
    Bill language authorizing oil spill transfer authority has 
not been included as the Administration has repeatedly failed 
to demonstrate why administrative delays in reimbursement from 
the Oil Spill Liability Trust Fund should be a Congressional 
issue. The Administration's proposal to eliminate the 
Congressional reporting requirement further demonstrates that 
the Administration prefers flexibility rather than a resolution 
to the problem. As such, the Committee has no desire to 
entertain the Administration's proposal for a second year.
    Bill language has not been included authorizing new Energy 
STAR user fees.

                      TITLE III--RELATED AGENCIES


                       Department of Agriculture


                             FOREST SERVICE

    The U.S. Forest Service manages 193 million acres of 
National Forests, Grasslands, and a Tallgrass Prairie, 
including lands in 44 States and the Commonwealth of Puerto 
Rico, and cooperates with States, other Federal agencies, 
Tribes and private landowners to sustain the Nation's forests 
and grasslands. The Forest Service administers a wide variety 
of programs, including forest and rangeland research, State and 
private forestry assistance, cooperative forest health 
programs, an international program, National Forest System, and 
wildland fire management. The National Forest System (NFS) 
includes 155 national forests, 20 National grasslands, 20 
National recreation areas, a National Tallgrass prairie, six 
National monuments, and six land utilization projects. The NFS 
is managed for multiple uses, beginning with wood, water and 
forage, and expanded under the Multiple Use Sustained Yield Act 
to include recreation, grazing, fish and wildlife habitat 
management. The Forest Service celebrated its centennial in 
2005.
    Health and Vitality of National Forests.--The Committee is 
deeply concerned about the declining health of our national 
forests and mortality due to insects, disease, and catastrophic 
wildfire. As a result, the Committee has made active forest 
management the priority in its recommendations. Numerous 
scientific studies have shown that proactive management results 
in more resilient forested landscapes that are less susceptible 
to insects, disease, and other threats. The Committee applauds 
the Forest Service's document, ``Increasing the Pace of 
Restoration and Job Creation on Our National Forests'', 
including the plans to expand collaborative landscape 
partnerships, improve the efficiency of the planning process 
for restoration projects, and improve implementation and the 
efficiency of contracts. However, the Committee notes that the 
Forest Service must move more expeditiously than outlined in 
the document to prevent additional, large-scale forest health 
problems. The Committee encourages the Forest Service to 
consider innovative and creative management solutions including 
geo-spatial analysis to determine the best and most effective 
means of managing the Nation's forests.
    USDA Administrative Solutions Services Project.--The 
Committee is concerned by the lack of transparency surrounding 
the Department of Agriculture's (USDA) Administrative Solutions 
Services Project, also referred to as the Blueprint for 
Stronger Service. The Department has neither consulted with 
Congress regarding proposed or implemented reorganizations and 
restructurings nor has the Department submitted appropriate 
reprogramming requests as required in the report accompanying 
the fiscal year 2012 Omnibus Appropriations Act. The Committee 
has received disturbing reports from employees across various 
USDA Mission Areas that reveal a lack of analysis of business 
functions, poor data quality, inconsistent approaches between 
agencies, and an absence of cost savings or other efficiencies 
that justify the radical changes proposed. Therefore, within 
available funds, the Committee directs the Department of 
Agriculture to award a grant or contract to the National 
Academy of Public Administration, an independent, nonpartisan 
organization chartered by Congress, to conduct an in-depth 
review of this effort as it affects the Forest Service. This 
review will examine: the basis and case for change; the 
analysis used to generate recommendations; the standards and 
benchmarks used to evaluate the current state; and, the 
criteria used for driving decisions.
    Forest Service Washington and regional offices.--The 
Committee is concerned about the amount of resources devoted to 
the Forest Service's Washington Office and nine regional 
offices. The Committee believes that regional offices should 
carry out the goals of the Forest Service Chief instead of 
creating new initiatives or policies. Additional resources need 
to be devoted to much-needed projects and on-the-ground 
management of national forests. The Committee was extremely 
dismayed to learn that some national forests did not receive an 
increased allocation from the region even with a significant 
funding increase in a program. In light of limited funding, the 
Committee directs the Forest Service to examine the amount of 
personnel and resources in these offices to identify 
duplicative functions. The Forest Service should include these 
findings and recommendations in its fiscal year 2014 budget 
request.

                     FOREST AND RANGELAND RESEARCH




Appropriation enacted, 2012...........................      $295,300,000
Budget estimate, 2013.................................       292,796,000
Recommended, 2013.....................................       247,796,000
Comparison:
    Appropriation, 2012...............................       -47,504,000
    Budget estimate, 2013.............................       -45,000,000


    The Committee recommends $247,796,000 for Forest and 
Rangeland Research, $47,504,000 below the fiscal year 2012 
enacted level and $45,000,000 below the budget request.
    The Committee is deeply concerned about the Forest and 
Rangeland Research program noting that many research stations 
have fixed costs that exceed 90 percent of their budget with no 
long-term plan to remedy this problem. The Committee is also 
concerned that there is a lack of coordination between research 
stations, the Washington Office, regional offices and national 
forests.
    Forest Inventory and Analysis.--The Committee recommends 
$71,805,000 for the Forest Inventory and Analysis (FIA) 
program, $5,000,000 above the budget request. The Committee 
supports the proposed consolidation of the FIA program into one 
line item. The Committee finds that State forestry agencies and 
their cooperators are often able to accomplish critical FIA 
work with equal quality at lower costs than the Forest Service. 
The Forest Service is directed to work with State foresters to 
identify ways to more efficiently deliver the program in all 
States, including timely inventory updates, and should explore 
opportunities to work with additional State forestry agencies 
and their cooperators who can accomplish necessary field work 
at lower cost.
    Localized Needs Research.--The fiscal year 2012 Interior, 
Environment, and Related Agencies conference report 
specifically directed the Forest Service to expand its 
localized needs research in support of project development on 
national forests, yet the budget request reduces funding of 
localized needs by $10,000,000. The Committee once again 
directs the Forest Service to expand its localized needs 
research beyond the fiscal year 2012 enacted level. 
Specifically, the Committee encourages the Forest Service to 
continue and complete research on the effectiveness of Multiple 
Indicator Monitoring for measuring bank alteration. The 
Committee also directs additional research on whether Multiple 
Indicator Monitoring and other bank stability measures are 
effective in predicting actual harm to fish.
    Wolverine Research.--The Committee strongly supports the 
research conducted on interactions between wolverines and 
winter recreation use and expects the Forest Service to 
continue to fund robust research on this issue with resources 
provided under the Forest and Rangeland Research program.
    Bighorn Sheep Research.--The management of domestic sheep 
within the range of bighorn sheep on national forests and 
public lands, particularly the possibility of disease 
transmission and spread within bighorn sheep herds, is of major 
concern to the Committee.
    In fiscal year 2012, the Committee included a one-year 
moratorium on reductions to domestic sheep grazing due to 
concerns over potential disease transmission. However, the 
Committee recognizes that, over the long term, such decisions 
by either future Congresses or Federal agencies must be guided 
by the application of sound science, both with respect to the 
biological factors related to the pathogens for which bighorns 
seem to be susceptible, but also to the risks of disease 
transmission between the two species in the wild. Such 
information is vital to both sound decisions by agency managers 
and to a greater public acceptance of those decisions.
    As referenced in the Consolidated and Further Continuing 
Appropriations Act of 2012, the Appropriations Subcommittees 
for Agriculture have directed the Agricultural Research Service 
(ARS) to increase its involvement in bighorn sheep disease 
research. Building on these efforts, the Committee directs the 
Forest Service to work diligently with the ARS in the 
development of scientifically defensible analyses, specifically 
on the probability of sufficient contact for pathogen 
transmission and, if there is transmission, the probability of 
disease and spread of the disease to the herd in the wild. The 
Committee is not convinced that this important step was 
thoroughly addressed in the Payette National Forest's Final 
Environmental Impact Statement and Record of Decision announced 
on July 28, 2010 and further directs the Forest Service to 
cooperate fully with the ARS in a review of the risk analysis 
and assessment portions in that decision, with the objective of 
assuring a more defensible and sound basis for future decisions 
in other parts of the West where there are bighorn and domestic 
sheep conflicts. The Committee directs the Forest Service to 
brief the Committee on its progress every six months.

                       STATE AND PRIVATE FORESTRY




Appropriation enacted, 2012...........................      $252,926,000
Budget estimate, 2013.................................       250,730,000
Recommended, 2013.....................................       183,000,000
Comparison:
    Appropriation, 2012...............................       -69,926,000
    Budget estimate, 2013.............................       -67,730,000


    The Committee recommends $183,000,000 for State and Private 
Forestry, $69,926,000 below the fiscal year 2012 enacted level 
and $67,730,000 below the budget request. The reduction 
compared to the request is largely due to the recommended 
reduction in the Forest Legacy Program and the shift of 
cooperative fire protection programs to Wildland Fire 
Management.
    Landscape Scale Restoration.--The Committee is supportive 
of the new line item and recommends $16,000,000 for Landscape 
Scale Restoration, $2,000,000 below the budget request. The 
Committee notes that this line item is simply a consolidation 
of the competitive funds within State and Private Forestry.
    Forest Health Management.--The Committee recommends 
$112,000,000 for Forest Health Management, as requested, which 
is $265,000 above the fiscal year 2012 enacted level (including 
forest health funds under Wildland Fire Management). The 
Committee is supportive of the transfer of forest health line 
items from Wildland Fire Management to State and Private 
Forestry, but expects the funding to be allocated in a manner 
similar to previous years.
    Urban and Community Forestry.--The Committee recommends 
$25,000,000 for Urban and Community Forestry, $6,327,000 below 
the fiscal year 2012 enacted level and $3,040,000 below the 
budget request. The Committee supports the urban forest 
research program through which the Forest Service assists urban 
communities in monitoring and caring for their forests. The 
Committee directs the Forest Service to maintain a vibrant 
urban forest research program that will assist urban 
communities in systematically inventorying and assessing the 
changing conditions and health of urban forests and plan 
strategic actions to sustainably maintain these urban green 
spaces.
    International Forestry.--The Committee recommends 
$6,000,000 for International Forestry, $1,987,000 below the 
fiscal year 2012 enacted level and $2,088,000 above the budget 
request. International Forestry enables forestry experts from 
the Federal government to participate in negotiations for trade 
agreements and assist with forestry work abroad. This program 
plays a large role in protecting the U.S. forest products 
industry by improving the sustainability and legality of timber 
management overseas thereby reducing the amount of underpriced 
and illegally harvested timber on the world market. Much of the 
funding for these activities is provided by other departments 
or agencies, including the Department of State, the United 
States Trade Representative, and the U.S. Agency for 
International Development. Though the program is funded at a 
low level, it leverages roughly three dollars for every dollar 
it receives from other funding sources.

                         NATIONAL FOREST SYSTEM




Appropriation enacted, 2012...........................    $1,554,137,000
Budget estimate, 2013.................................     1,623,591,000
Recommended, 2013.....................................     1,495,484,000
Comparison:
    Appropriation, 2012...............................       -58,653,000
    Budget estimate, 2013.............................      -128,107,000


    The Committee recommends $1,495,484,000 for the National 
Forest System, $58,653,000 below the fiscal year 2012 enacted 
level and $128,107,000 below the budget request.
    The Committee notes that similar to fiscal years 2012 and 
2011, the budget request included a major restructuring in 
which several programs were combined into a new entity, 
Integrated Resource Restoration (IRR). The Committee has not 
approved this request but will continue the proof of concept 
pilot established in the fiscal year 2012 Interior, 
Environment, and Related Agencies conference report. The 
Committee is, however, disappointed with the Forest Service's 
delayed communication on the implementation and progress of 
IRR. The Committee will only continue the pilot if management 
efficiencies, tangible accomplishments, and accountability are 
demonstrated.
    Planning.--The Committee provides no funding for Planning, 
$39,936,000 below the fiscal year 2012 level. The Committee 
does not accept the proposed merging of the Planning and 
Inventory and Monitoring line items.
    The Committee has significant concerns about the 
implementation and cost of the new planning rule. The Committee 
believes the Forest Service has ignored the direction of 
Congress embodied in the National Forest Management Act. The 
rule places too many conflicting requirements on forest plans 
and will likely lead to increased litigation. The new inventory 
requirements for invertebrates will very likely cost millions 
upon millions of dollars and are virtually impossible to 
complete. The Committee could potentially support the rule if 
the eight proposed pilot forest plan revisions were 
successfully completed through the 2012 Planning Rule.
    The Committee retains language in Title IV General 
Provisions allowing forest management plans to expire if the 
Service has made a good faith effort to update plans 
commensurate with appropriated funds. The Committee modifies 
this language by allowing forest plans to be completed under 
the 1982 planning rule and allows these plans to be used in 
place of revised plans that would be completed under the 2012 
Planning Rule.
    Inventory and Monitoring.--The Committee recommends 
$161,721,000 for Inventory and Monitoring, equal to the fiscal 
year 2012 enacted level. The Committee does not accept the 
proposed merging of this line item with the planning line item.
    The Committee is concerned about the lack of monitoring 
related to livestock grazing allotments and strongly encourages 
the Forest Service to increase both annual and trend monitoring 
on allotments. The Committee directs the Forest Service to 
allocate a greater portion of monitoring funds for these 
efforts. The Committee also encourages the Forest Service to 
work with State agencies, universities, professional societies 
and other USDA agencies, such as the Natural Resource 
Conservation Service, to efficiently increase allotment 
monitoring.
    The Committee also encourages the Forest Service to improve 
and increase its monitoring of grazing permits in allotments 
where riparian streamside health is a concern for listed or 
threatened species. The Committee also directs each Forest 
Service region to increase transparency and reporting on how 
the limited monitoring resources are used on the ground to 
satisfy monitoring requirements or for other purposes.
    Recreation, Heritage and Wilderness.--The Committee 
recommends $260,066,000 for Recreation, Heritage and 
Wilderness, $21,110,000 below fiscal year 2012 enacted funding 
and $7,000,000 below the budget request.
    Travel Management Plans.--The Committee is concerned about 
travel management plans on some national forests, though it 
notes that many national forests have completed plans with few 
problems. The Committee has been informed by several 
communities that travel management plans did not properly 
include public and community input and needs. Where communities 
are dissatisfied with travel management plans, the Committee 
directs the Forest Service to revise these plans.
    Eastern Oregon Travel Management Plans.--The Committee 
notes that appropriate first steps have been taken to overhaul 
problematic travel management plans in eastern Oregon but much 
work remains to be done. The Committee strongly encourages the 
Forest Service to include community input in the new plan in 
addition to emphasizing existing uses important to the public.
    California Travel Management Plans.--Due to specific 
concerns related to all travel management plans in the State of 
California, the Committee includes language in Title IV General 
Provisions prohibiting the implementation of travel management 
plans in California until the agency completes additional 
analysis to include more routes. The language also prevents the 
agency from designating maintenance level 3 (ML-3) roads as 
highways. The Committee notes that the California State Patrol 
has confirmed numerous times that it does not consider ML-3 
roads as highways.
    Pittsburg Landing.--The Committee is supportive of 
legislation naming the campground at Pittsburg Landing in the 
Hells Canyon National Recreation Area the Tracy L. Vallier 
Campground at Pittsburg Landing. The Committee urges the 
appropriate authorizing committees to work with the Forest 
Service to accomplish this goal through an Act of Congress.
    Grazing Management.--The Committee recommends $55,356,000 
for Grazing Management, equal to the fiscal year 2012 enacted 
level and $14,976,000 above the budget request. The Committee 
urges the Forest Service to devote greater resources toward 
renewing grazing permits and administering allotments to forest 
plan standards.
    Wallow Fire Area Grazing.--The Committee commends the 
Forest Service for its work following the Wallow Fire to 
approve the return of approximately seventy percent of 
permitted livestock to affected allotments. The Committee 
encourages the Forest Service to continue forage monitoring and 
infrastructure repair and replacement, including ensuring 
proper ``right of way'' clearances to prevent further 
infrastructure damage related to Wallow Fire impacts, with the 
goal of returning the remainder of displaced livestock to their 
proper pasture rotations as soon as possible.
    The Committee includes bill language addressing range 
management in Title IV (applying to both the Bureau and the 
Forest Service) including Section 412 which makes permanent the 
grazing permit renewal general provision allowing permits to be 
renewed under the same terms and conditions if NEPA review has 
not yet been completed.
    Forest Products.--The Committee recommends $342,211,000 for 
Forest Products, $6,700,000 above the fiscal year 2012 enacted 
level.
    The Committee has recommended a two percent increase of 
funding for Forest Products, Vegetation and Watershed 
Management, and Wildlife and Fish Habitat Management as these 
programs, in addition to the hazardous fuels program under 
Wildland Fire Management, provide the largest on-the-ground 
benefit to national forests. The Committee believes these 
programs are fundamental to the health and vitality of our 
national forests and expects the Forest Service to increase its 
accomplishments in each line item.
    The Forest Service is currently removing less than ten 
percent of the annual net growth on national forests. This, 
combined with fire suppression policies, has resulted in 
overcrowded, unhealthy forests susceptible to insects, disease 
and catastrophic wildfire. To accomplish the monumental amount 
of work necessary to improve the health of national forests and 
protect communities from catastrophic wildfires, forest 
products mills and logging infrastructure, where it still 
exists, must be maintained. These businesses provide 
significant living-wage jobs, many of which operate in rural 
areas with higher levels of unemployment. Further, without this 
infrastructure, the cost of treating national forests increases 
dramatically and greatly reduces the amount of acres feasibly 
treated with appropriated dollars.
    The Committee expects the Forest Service to increase 
vegetative and timber management activities to sell not less 
than three billion board feet in fiscal year 2013, with the 
expectation of increasing this target in future fiscal years. 
This can be accomplished by implementing larger projects and 
reducing unit costs.
    Region 10 Timber Supply.--The Committee notes that over the 
last ten years the timber supply in Region 10 has been 
constrained to less than ten percent of the allowable sale 
quantity in the current land management plan. As a result, 
numerous mills have closed. In an effort to restore confidence 
in the timber supply and foster and allow investment in new 
facilities, the Forest Service pledged to prepare and offer 
four 10-year timber sales each with a volume of 150-200 million 
board feet. The agency recently converted the first two timber 
sales to smaller stewardship projects. These projects will 
neither restore confidence, nor will they allow investment in 
new facilities. The Committee directs the Forest Service to 
prepare and offer, within two years, the four 10-year timber 
sales as promised.
    Vegetation and Watershed Management.--The Committee 
recommends $187,646,000 for Vegetation and Watershed 
Management, $3,600,000 above the fiscal year 2012 enacted 
level.
    Wildlife and Fish Habitat Management.--The Committee 
recommends $142,736,000 for Wildlife and Fish Habitat 
Management, $2,700,000 above the fiscal year 2012 enacted 
level. The Committee directs the Service to increase monitoring 
of threatened and endangered fish and their habitat, especially 
in grazing allotments, and expects funding from this program to 
be allocated for this purpose.
    Collaborative Forest Landscape Restoration Fund.--The 
Committee recommends $40,000,000, for the Collaborative Forest 
Landscape Restoration Fund (CFLR), as requested, $64,000 above 
the fiscal year 2012 enacted level. The Committee has been 
supportive of the CFLR program in the past but is concerned 
about the lengthy time frame to implement projects and achieve 
positive outcomes. The Committee directs the Forest Service to 
report to the Committee within 60 days of enactment of this Act 
on the implementation of CFLR-funded projects and the outcomes 
of those projects to date. The report should include 
performance measures as described in the CFLR 2011 Annual 
Report accomplishment form available on the Forest Service's 
website.
    Bill Language.--The Committee includes language in Title IV 
General Provisions including: (1) Section 426 extending the 
Herger-Feinstein Quincy Library Group for one year; (2) Section 
427 extending the `Good Neighbor Cooperative Conservation 
Authority' to all Western States for five years; (3) Section 
428 directing the Forest Service to identify three acres for 
small communities to build a fire station; (4) Section 429 
extending cost recovery authorities for the Forest Service 
regarding special uses; (5) Section 430 streamlining the 
administration of interpretative associations by the Forest 
Service; (6) Section 432 allowing designation by description 
and prescription for forest management; (7) Section 437 
clarifying notice, comment, and appeals for categorical 
exclusions; and, (8) Section 438 prohibiting the use of 
appropriated funds to close areas open to recreational hunting 
and shooting as of January 1, 2012.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

                     (INCLUDING TRANSFER OF FUNDS)




Appropriation enacted, 2012...........................      $394,089,000
Budget estimate, 2013.................................       346,379,000
Recommended, 2013.....................................       356,086,000
Comparison:
    Appropriation, 2012...............................       -38,003,000
    Budget estimate, 2013.............................        +9,707,000


    The Committee recommends $356,086,000 for Capital 
Improvement and Maintenance, $38,003,000 below the fiscal year 
2012 enacted level and $9,707,000 above the budget request.
    Facilities Maintenance and Capital Improvement.--The 
Committee recommends $49,463,000 for Facilities Maintenance and 
Capital Improvement, $26,201,000 below the fiscal year 2012 
enacted level and $50,000,000 below the budget request.
    Road Maintenance and Construction.--The Committee 
recommends $182,525,000 for Road Maintenance and Construction, 
equal to the fiscal year 2012 enacted level and $24,707,000 
above the budget request. Specifically, the Committee 
recommends $147,812,000 for road maintenance and $34,713,000 
for road construction.
    The Committee realizes the Forest Service has limited funds 
compared to its road infrastructure needs and encourages the 
use of stewardship contracts and other combined projects (for 
example improving forest health and maintaining or 
reconstructing roads) to accomplish more work with less 
funding.
    Legacy Road and Trail Remediation.--The Committee 
recommends $35,000,000 for Legacy Road and Trail Remediation, 
$9,928,000 below the fiscal year 2012 enacted level.
    Bill Language.--The Committee includes language in Title IV 
General Provisions clarifying the role of forest roads in 
silvicultural operations as it relates to the Federal Water 
Pollution Control Act.

                            LAND ACQUISITION




Appropriation enacted, 2012...........................       $52,521,000
Budget estimate, 2013.................................        57,934,000
Recommended, 2013.....................................        16,494,000
Comparison:
    Appropriation, 2012...............................       -36,027,000
    Budget estimate, 2013.............................       -41,440,000


    The Committee recommends $16,494,000 for Land Acquisition, 
$36,027,000 below the fiscal year 2012 enacted level and 
$41,440,000 below the budget request. The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report. Funds for 
priority recreational access do not have to be cost-shared and 
are not to be capped at $250,000. The Committee has included 
language in the front of this report regarding Land and Water 
Conservation Fund programs.

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS




Appropriation enacted, 2012...........................          $953,000
Budget estimate, 2013.................................           955,000
Recommended, 2013.....................................           955,000
Comparison:
    Appropriation, 2012...............................            +2,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $955,000 for Acquisition of Lands 
for National Forests Special Acts, as requested, and $2,000 
above the fiscal year 2012 enacted level.

            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES




Appropriation enacted, 2012...........................          $227,000
Budget estimate, 2013.................................           227,000
Recommended, 2013.....................................           227,000
Comparison:
    Appropriation, 2012...............................                 0
    Budget estimate, 2013.............................                 0


    The Committee recommends $227,000, as requested, for 
Acquisition of Lands to Complete Land Exchanges under the Act 
of December 4, 1967 (16 U.S.C. 484a). Under the Act, deposits 
made by public school districts or public school authorities to 
provide for cash equalization of certain land exchanges can be 
appropriated to acquire similar lands suitable for national 
forest system purposes in the same State as the national forest 
lands conveyed in the exchanges.

                         RANGE BETTERMENT FUND




Appropriation enacted, 2012...........................        $3,257,000
Budget estimate, 2013.................................         2,360,000
Recommended, 2013.....................................         2,360,000
Comparison:
    Appropriation, 2012...............................          -897,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $2,360,000, as requested, for the 
Range Betterment Fund, to be derived from grazing receipts from 
national forests (Public Law 94-579) and to be used for range 
rehabilitation, protection, and improvements including seeding, 
reseeding, fence construction, weed control, water development, 
and fish and wildlife habitat enhancement in 16 western States.

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH




Appropriation enacted, 2012...........................           $45,000
Budget estimate, 2013.................................            46,000
Recommended, 2013.....................................            46,000
Comparison:
    Appropriation, 2012...............................            +1,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $46,000 for Gifts, Donations and 
Bequests for Forest and Rangeland Research, as requested, 
$1,000 above the fiscal year 2012 enacted level.

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES




Appropriation enacted, 2012...........................        $2,573,000
Budget estimate, 2013.................................                 0
Recommended, 2013.....................................         2,000,000
Comparison:
    Appropriation, 2012...............................          -573,000
    Budget estimate, 2013.............................        +2,000,000


    The Committee recommends $2,000,000 for the Management of 
National Forest Lands for Subsistence Uses in Alaska and does 
not support the proposed transfer of this program to the 
National Forest System.

                        Wildland Fire Management


                     (INCLUDING TRANSFERS OF FUNDS)




Appropriation enacted, 2012...........................    $1,734,851,000
Budget estimate, 2013.................................     1,971,394,000
Recommended, 2013.....................................     2,072,799,000
Comparison:
    Appropriation, 2012...............................      +337,948,000
    Budget estimate, 2013.............................      +101,405,000


    The Committee recommends $2,072,799,000 for Wildland Fire 
Management, $337,948,000 above the fiscal year 2012 enacted 
level and $101,405,000 above the budget request. The 
Committee's recommendation, combined with $315,000,000 
recommended in the FLAME wildfire suppression reserve account, 
fully funds the 10-year fire suppression average expenditures. 
The Committee notes that the increase in appropriations 
compared to fiscal year 2012 is due to: (1) the use of 
$240,000,000 in emergency carry-over suppression dollars in 
fiscal year 2012 to offset appropriations; and, (2) the fiscal 
year 2013 request's shift of $76,000,000 from Wildland Fire 
Management to the National Forest System, which was not 
approved by the Committee.
    Wildfire Preparedness.--The Committee recommends 
$1,001,513,000 for Wildfire Preparedness, as requested, 
$2,929,000 below the fiscal year 2012 enacted level.
    Wildfire Suppression Operations.--The Committee recommends 
$616,000,000 for Wildfire Suppression Operations, as requested, 
$77,758,000 above the fiscal year 2012 enacted level. The 
Committee recommendation fully meets the 10-year average 
expenditure on all emergency and discretionary funded 
suppression actions.
    Hazardous Fuels.--The Committee recommends $345,005,000 for 
hazardous fuels reduction, $27,929,000 above the fiscal year 
2012 enacted level and $103,405,000 above the budget request. 
The recommendation also includes $5,000,000 for biomass 
utilization grants.
    The Committee again directs the Forest Service to focus 
hazardous fuels reduction dollars based on areas with the 
greatest need, as determined by land managers, instead of 
percentages of acres treated in the Wildland Urban Interface.
    The Committee also strongly encourages the Forest Service 
to focus on Fire Regime Condition Class II and III areas. These 
areas are the most prone to catastrophic fire and many times 
require mechanical thinning followed by prescribed burns. The 
Committee realizes much of this work is more expensive than 
prescribed burning alone, but encourages the Forest Service to 
leverage hazardous fuels dollars by combining projects and 
using tools such as stewardship contracting and timber sales.
    State Fire Assistance.--The Committee recommends 
$72,688,000 for State Fire Assistance, as requested, 
$13,275,000 below the fiscal year 2012 enacted level (including 
State Fire Assistance funds under State and Private Forestry). 
The Committee supports the proposed consolidation of the 
program under Wildland Fire Management and directs the Forest 
Service to allocate funds in a way that meets the regional 
resource needs for hazard mitigation and preparedness as 
determined in consultation with State foresters.
    Volunteer Fire Assistance.--The Committee recommends 
$11,733,000 for Volunteer Fire Assistance, as requested, 
$1,292,000 below the fiscal year 2012 enacted level (including 
Volunteer Fire Assistance funds under State and Private 
Forestry). The Committee supports the proposed consolidation of 
the program under Wildland Fire Management and directs the 
Forest Service to allocate funds in a way that meets the rural 
firefighting resource needs as determined in consultation with 
State foresters.
    Timely Delivery of Critical Reports.--In the wake of the 
tragic Station Fire in Southern California, it is necessary to 
ensure that the Forest Service's firefighting policies provide 
the most effective initial response possible, particularly for 
forests close to urban areas. The Committee remains concerned 
that the Forest Service has not produced two critical documents 
in a timely fashion. The Forest Service is strongly encouraged 
to provide the results of the nationwide assessment of the 
agency's night flying operations (both the helicopter portion 
and fixed-wing portion) within 90 days of enactment of this 
Act. The Forest Service is also strongly encouraged to release 
the third and final phase of the cohesive wildland fire 
strategy, as required by the FLAME Act, that includes critical 
components of that strategy such as considering potential 
approaches for addressing the growing wildfire threat, 
estimating the costs of each approach, and identifying trade-
offs--within 180 days of enactment of this Act.
    Wildland Firefighting.--The Committee encourages the Forest 
Service to thoroughly evaluate the impact of crew size on 
operational efficacies and firefighter safety with respect to 
wildland firefighting operations. The Forest Service should 
report its findings to the Committee.
    Federal Coordination with State and Local Fire Managers.--
The Committee is aware that the facility housing the Forest 
Service's Southern California Geographical Coordination Center 
has been condemned and that it houses a number of fire 
emergency managers, including the California Department of 
Forestry and Fire Protection (CAL FIRE). The Committee 
recognizes the importance of close Federal coordination with 
State and local fire managers when fighting wildland fire and 
the significant role collocation of fire emergency managers can 
play in facilitating this coordination. The Committee notes 
that CAL FIRE has expressed its desire to continue this 
collocation within the new Southern California Geographical 
Coordination Center. The Committee encourages the Forest 
Service to continue working with CAL FIRE to collocate their 
operations at the new Southern California Geographical 
Coordination Center.

                FLAME Wildfire Suppression Reserve Fund


                     (INCLUDING TRANSFERS OF FUNDS)




Appropriation enacted, 2012...........................      $315,381,000
Budget estimate, 2013.................................       315,000,000
Recommended, 2013.....................................       315,000,000
Comparison:
    Appropriation, 2012...............................          -381,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $315,000,000 for the FLAME 
Wildfire Suppression Reserve Fund, as requested, $381,000 below 
the fiscal year 2012 enacted level.

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee has continued all administrative provisions 
included in the fiscal year 2012 Omnibus Appropriations Act.
    The Committee has corrected a citation to the Volunteers in 
the National Forest Act.
    The Committee has included new language limiting funds 
available to the Forest Service for cost pools 1-5.
    The Committee has made language regarding the National 
Forest Foundation and interest earned from Federal funds 
permanent. This provision was included to clarify the intent of 
Congress in the fiscal year 2002 Interior, Environment, and 
Related Agencies Appropriations Act where this provision was 
made permanent, but subsequently never removed from 
Administrative Provisions.
    Forest Service Cost Pools.--A decade ago, the Committee 
agreed to the use of cost pools to fund Forest Service 
administrative activities as a mechanism to facilitate and 
simplify financial accounting. At that time, the Committee 
required that the Service summarize in its annual budget 
justifications planned indirect expenditures from the cost 
pools to the region, station, area, and detached unit office 
(RSA) level. This requirement is found at 16 U.S.C. 579d. 
Additionally, the Committee has included a general provision 
annually for each year since fiscal year 2004 requiring 
disclosure of estimated overhead charges, deductions, reserves 
and holdbacks from programs, projects, activities and 
subactivities. The Committee is concerned about non-compliance 
with these disclosure requirements. While the Service's budget 
justifications do show the source of the cost pool funds by 
budget line item, no information is provided on the amounts in 
each cost pool or the distribution of those funds to the RSA 
level, as required by law. The budget justifications also lack 
detailed information explaining how the cost pool amounts were 
derived or the activities and number of personnel they support.
    The Forest Service is directed to include tables in the 
fiscal year 2014 and future budget justifications that clearly 
display the source of funding for each cost pool by budget line 
item, the amount for each cost pool, and direct and indirect 
expenditures from each cost pool by RSA. The prior, current, 
and future budget years should be shown for each table. In 
addition to tabular material, the Forest Service should 
explain, in detail, the activities and FTEs supported by each 
cost pool. Changes from the current year to the budget year 
should be explained in the same level of detail as contained in 
the appropriation accounts sections of the Forest Service 
budget justification.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                         Indian Health Service

    The provision of Federal health services to Indians is 
based on a relationship between Indian Tribes and the U.S. 
Government first set forth in the 1830s by the U.S. Supreme 
Court under Chief Justice John Marshall. Numerous treaties, 
statutes, constitutional provisions, and international law have 
reconfirmed this relationship. Principal among these is the 
Snyder Act of 1921, which provides the basic authority for most 
Indian health services provided by the Federal Government to 
American Indians and Alaska Natives. The Indian Health Service 
(IHS) provides direct health care services in 29 hospitals, 66 
health centers, two school health centers, and 41 health 
stations. Tribes and tribal groups, through contracts and 
compacts with the IHS, operate 16 hospitals, 254 health 
centers, 4 school health centers, and 74 health stations 
(including 166 Alaska Native village clinics).

                         INDIAN HEALTH SERVICES




Appropriation enacted, 2012...........................    $3,866,181,000
Budget estimate, 2013.................................     3,978,974,000
Recommended, 2013.....................................     4,049,612,000
Comparison:
    Appropriation, 2012...............................      +183,431,000
    Budget estimate, 2013.............................       +70,638,000


    The Committee recommends $4,049,612,000 for Indian Health 
Services, $183,431,000 above the fiscal year 2012 enacted level 
and $70,638,000 above the budget request. The amounts 
recommended by the Committee compared with the budget estimates 
by activity are shown in the table at the end of this report. 
Except as otherwise indicated below, the Committee expects the 
Indian Health Service to implement its fiscal year 2013 budget 
in accordance with its budget justification.
    Staffing costs for new and expanded health care 
facilities.--The Committee recommends $48,418,000 for staffing 
costs for new and expanded health care facilities, $3,638,000 
above the budget request. Funds are limited to facilities 
funded through the Health Care Facilities Construction Priority 
System or the Joint Venture Construction Program that are newly 
opened in fiscal year 2012 or that open in fiscal year 2013. 
None of the funds may be allocated to a facility until such 
facility has achieved beneficial occupancy status.
    Hospitals and Health Clinics.--The Committee recommends 
$1,851,448,000 for Hospitals and Health Clinics, $40,482,000 
above the fiscal year 2012 enacted level and $2,138,000 above 
the budget request. The bill includes a decrease of $1,500,000 
below the budget request for health information technology and 
an increase of $3,638,000 above the budget request for staffing 
costs for new and expanded health care facilities, as described 
above.
    Dental Health.--The Committee recommends $166,597,000 for 
Dental Health, $7,157,000 above the fiscal year 2012 enacted 
level and $300,000 above the budget request. The increase above 
the budget request is for staffing in support of the Early 
Childhood Caries initiative.
    The Committee supports the Administration's request of 
$1,000,000 for the electronic dental record system. The 
continued funding has allowed the Dental Division to complete 
implementation at 118 of the 230 Federal and Tribal dental 
sites. The Committee strongly encourages the Service to 
continue to press forward with this program and, if possible, 
to accelerate implementation to the remaining dental programs.
    The Committee is pleased that dental vacancies have dropped 
from 140 in fiscal year 2009 to 30 in fiscal year 2012. 
However, an improving economy could negatively impact 
recruitment. The Committee, therefore, directs the Indian 
Health Service to issue a report regarding the use of direct 
hire authority, and addressing the following questions: (1) how 
various divisions within the Indian Health Service use this 
authority and to what extent there is a discrepancy between 
divisions; and (2) how the Division of Oral Health can have the 
same direct hire authority as other health disciplines in order 
to enhance future recruitments.
    Contract Health Services.--The Committee recommends that 
the Service consider proposing a new name for this program in 
the fiscal year 2014 budget request in order to be more clear 
and consistent with the program's activities. The Committee 
directs the Indian Health Service to implement the 
recommendations of the Government Accountability Office (GAO-
12-446) in order to ensure equitable allocation of resources 
for the Contract Health Services program.
    Urban Indian Health.--The Committee recommends $45,488,000 
for Urban Indian Health, $2,504,000 above the fiscal year 2012 
enacted level and $2,500,000 above the budget request.
    Indian Health Professions.--The Committee recommends 
$41,598,000 for Indian Health Professions, $1,002,000 above the 
fiscal year 2012 enacted level and $1,000,000 above the budget 
request. The increase above the budget request is for the loan 
repayment program.
    Direct Operations.--The Committee recommends $67,567,000 
for Direct Operations, $4,086,000 below the fiscal year 2012 
enacted level and $5,300,000 below the budget request. The 
decrease below the budget request is from Headquarters 
operations.
    The Committee is aware of the departures of approximately 
25 senior staff during the past two years. The continued loss 
of well-trained and experienced agency leaders represents a 
serious threat to the agency's corporate knowledge, ongoing 
ability to manage programs and resources, and ability to be 
responsive to Tribes and Federal accountability requirements in 
a timely and credible manner. The Committee directs the Service 
to provide a report within 30 days of enactment of this Act: 
(1) detailing the number and position of senior personnel that 
have left the agency within the past two years and how many of 
these positions remain unfilled to date; (2) describing whether 
and how the Service is allocating funds that would have 
otherwise been spent on the salaries and expenses related to 
these positions; and (3) describing the steps the agency has 
taken to identify and address the underlying conditions that 
created this trend, in order to shore up its public health and 
administrative infrastructure with highly qualified and 
experienced replacements.
    Contract Support Costs.--The Committee recommends 
$546,446,000 for Contract Support Costs, $75,009,000 above the 
fiscal year 2012 enacted level and $70,000,000 above the budget 
request. With this increase, the Committee is attempting to 
fund the projected shortfall so the Federal government can meet 
its contractual obligations. The Committee directs the Service 
to work with Tribes and tribal organizations to explore options 
for improving the transparency of current year contract support 
cost information, and to report back to the Committee within 90 
days of enactment of this Act.
    Health Research.--The Committee is concerned by the 
continued disparity of the health status of American Indians 
and Alaska Natives (AI/ANs) compared to the general U.S. 
population. The Committee recognizes that identifying 
successful strategies for reducing these disparities depends on 
monitoring ongoing health trends. Therefore, the Committee is 
disappointed that the Service has fallen behind in tracking the 
health status and treatment needs of AI/ANs. The Service's last 
Trends in Indian Health and Regional Difference in Indian 
Health report was based on data gathered for the 2002-2003 
edition. In addition, supplemental reports targeting specific 
health issues have been discontinued. The last vision survey 
was completed in 1994; obstetrics in 1996; and oral health in 
1999. Examining the prevalence of emerging issues like the 
incidence of HIV/AIDS, teen suicide outbreaks, disparities 
plaguing AI/AN males, and drug overdoses and alcohol abuse are 
vital for developing policies and programs that ensure adequate 
health care for all AI/ANs. The Committee strongly urges the 
Service to reinstate ongoing and timely monitoring of health 
trends as a means for the Service and Tribes to better target 
resources to improve the health status and eliminate the health 
disparities of AI/ANs.

                        INDIAN HEALTH FACILITIES




Appropriation enacted, 2012...........................      $440,346,000
Budget estimate, 2013.................................       443,502,000
Recommended, 2013.....................................       443,864,000
Comparison:
    Appropriation, 2012...............................        +3,518,000
    Budget estimate, 2013.............................          +362,000


    The Committee recommends $443,864,000 for Indian Health 
Facilities, $3,518,000 above the fiscal year 2012 enacted level 
and $362,000 above the budget request. The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report. Except as 
otherwise indicated below, the Committee expects the Indian 
Health Service to implement its fiscal year 2013 budget in 
accordance with its budget justification.
    Facilities and Environmental Health Support.--The Committee 
recommends $204,741,000 for Facilities and Environmental Health 
Support, $5,328,000 above the fiscal year 2012 enacted level 
and $362,000 above the budget request. The increase above the 
budget request is for staffing costs for new and expanded 
health care facilities. These funds are subject to the same 
limitations as described earlier in this report under the 
Indian Health Services account.

                     National Institutes of Health


          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

    The National Institute of Environmental Health Sciences 
(NIEHS), an agency within the National Institutes of Health, 
was authorized in section 311(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
and in section 126(g) of the Superfund Amendments and 
Reauthorization Act of 1986 to conduct certain research and 
worker training activities associated with the nation's 
Hazardous Substance Superfund program.




Appropriation enacted, 2012...........................       $78,928,000
Budget estimate, 2013.................................        78,928,000
Recommended, 2013.....................................        74,928,000
Comparison:
    Appropriation, 2012...............................        -4,000,000
    Budget estimate, 2013.............................        -4,000,000


    The Committee recommends $74,928,000 for the National 
Institute of Environmental Health Sciences, $4,000,000 below 
both the fiscal year 2012 enacted level and the budget request. 
The Committee remains highly supportive of NIEHS' worker 
training program and notes the program trained 143,000 workers 
last year, teaching those participants how to reduce the risks 
of exposure to hazardous materials. This program has been 
offered to workers for years at no charge wherein many other 
governmental training programs include a course fee. The 
Committee directs NIEHS to explore the feasibility of 
incorporating a nominal fee to recoup administrative or other 
costs associated with the worker training program. NIEHS should 
include a report that summarizes findings and recommendations 
with the fiscal year 2014 budget request.

            Agency for Toxic Substances and Disease Registry


            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

    The Agency for Toxic Substances and Disease Registry 
(ATSDR), an agency in the Department of Health and Human 
Services, was created in section 104(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980. The Agency's mission is to serve the public 
through responsive public health actions to promote healthy and 
safe environments and prevent harmful toxic exposures. ATSDR 
assesses hazardous exposures in communities near toxic waste 
sites and advises the Environmental Protection Agency (EPA) and 
other government agencies, community groups and industry 
partners on actions needed to protect people's health. In 
addition, ATSDR conducts toxicological and applied research to 
support environmental assessments, supports health surveillance 
systems and registries, develops and disseminates information 
on hazardous substances, provides education and training on 
hazardous exposures, and responds to environmental emergencies. 
Through a national network of scientists and public health 
practitioners in State health departments, regional EPA offices 
and headquarters, ATSDR has been in the front ranks in 
protecting people from acute toxic exposures that occur from 
hazardous leaks and spills, environment-related poisonings, and 
natural and terrorism-related disasters.




Appropriation enacted, 2012...........................       $76,215,000
Budget estimate, 2013.................................        76,300,000
Recommended, 2013.....................................        74,039,000
Comparison:
    Appropriation, 2012...............................        -2,176,000
    Budget estimate, 2013.............................        -2,261,000


    The Committee recommends $74,039,000 for the Agency for 
Toxic Substances and Disease Registry (ATSDR), $2,176,000 below 
the fiscal year 2012 enacted level and $2,261,000 below the 
budget request.
    Within the funds provided, $2,000,000 has been included to 
continue the important epidemiological studies of health 
conditions caused by exposures to uranium released from mining 
and milling operations in the Navajo Nation.

                         OTHER RELATED AGENCIES


                   Executive Office of the President


  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

    The Council on Environmental Quality (CEQ) was established 
by Congress under the National Environmental Policy Act of 1969 
(NEPA). The Office of Environmental Quality (OEQ), which 
provides professional and administrative staff for the Council, 
was established in the Environmental Quality Improvement Act of 
1970. The Council on Environmental Quality has statutory 
responsibility for overseeing Federal agency implementation of 
the requirements of NEPA. CEQ also assists in coordinating 
environmental programs among the Federal agencies in the 
Executive Branch.




Appropriation enacted, 2012...........................        $3,148,000
Budget estimate, 2013.................................         3,106,000
Recommended, 2013.....................................         2,661,000
Comparison:
    Appropriation, 2012...............................          -487,000
    Budget estimate, 2013.............................          -445,000


    The Committee recommends $2,661,000 for the Council on 
Environmental Quality and Office of Environmental Quality, 
$487,000 below the fiscal year 2012 enacted level and $445,000 
below the budget request. Commensurate with the appropriation, 
the authorized level for CEQ FTE is capped at 19, equivalent to 
the fiscal year 2006 utilization level.

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................       $11,129,000
Budget estimate, 2013.................................        11,403,000
Recommended, 2013.....................................        10,000,000
Comparison:
    Appropriation, 2012...............................        -1,129,000
    Budget estimate, 2013.............................        -1,403,000


    The Committee recommends $10,000,000 for Salaries and 
Expenses of the Chemical Safety and Hazard Investigation Board 
(the Board), which is $1,129,000 below the fiscal year 2012 
enacted level and $1,403,000 below the budget request.
    Bill Language.--The Committee continues to carry language, 
as in prior years, authorizing the EPA Inspector General to act 
as the Inspector General for the Board. The Committee has not 
provided funds to be transferred to the EPA IG who reports 
sufficient existing funding to cover these responsibilities.

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

    The Office of Navajo and Hopi Indian Relocation was 
established by Public Law 93-531 to plan and conduct relocation 
activities associated with the settlement of a land dispute 
between the Navajo Nation and the Hopi Tribe.




Appropriation enacted, 2012...........................        $7,738,000
Budget estimate, 2013.................................         8,400,000
Recommended, 2013.....................................         7,600,000
Comparison:
    Appropriation, 2012...............................          -138,000
    Budget estimate, 2013.............................          -800,000


    The Committee recommends $7,600,000 for Salaries and 
Expenses of the Office of Navajo and Hopi Indian Relocation, 
$138,000 below the fiscal year 2012 enacted level and $800,000 
below the budget request.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        PAYMENT TO THE INSTITUTE




Appropriation enacted, 2012...........................        $8,519,000
Budget estimate, 2013.................................         9,369,000
Recommended, 2013.....................................         8,348,000
Comparison:
    Appropriation, 2012...............................          -171,000
    Budget estimate, 2013.............................        -1,021,000


    The Committee recommends $8,348,000 for the Institute of 
American Indian and Alaska Native Culture and Arts Development, 
$171,000 below the fiscal year 2012 enacted level and 
$1,021,000 below the budget request.

                        Smithsonian Institution

    The Smithsonian Institution is the world's largest museum 
and research complex, with 19 museums and galleries, numerous 
research centers, a library, archives, and the National 
Zoological Park. Funded by both private and Federal sources, 
the Smithsonian is unique in the Federal establishment. Created 
by an Act of Congress in 1846 to carry out the trust included 
in James Smithson's will, it has been engaged for 165 years in 
the ``increase and diffusion of knowledge.'' In 2011, the 
Smithsonian attracted nearly 30 million visitors to its 
museums, galleries, and zoological park. Additional millions 
also view Smithsonian traveling exhibitions and participate in 
the annual Folklife Festival on the National Mall. As custodian 
of the National Collections, the Smithsonian is responsible for 
more than 137 million art objects, natural history specimens, 
and artifacts. These scientific and cultural collections are a 
vital resource for global research and conservation efforts. 
The collections are displayed for the enjoyment and education 
of visitors and are available for research by the staff of the 
Institution and by thousands of visiting students, scientists, 
and historians each year.
    The amounts recommended by the Committee for the 
Smithsonian Institution, compared with the budget estimates by 
activity, are shown in the table at the end of this report.

                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................      $635,512,000
Budget estimate, 2013.................................       660,333,000
Recommended, 2013.....................................       643,634,000
Comparison:
    Appropriation, 2012...............................        +8,122,000
    Budget estimate, 2013.............................       -16,699,000


    The Committee recommends $643,634,000 for Salaries and 
Expenses of the Smithsonian Institution, $8,122,000 above the 
fiscal year 2012 enacted level and $16,699,000 below the budget 
request.
    Additional Guidance.--The following additional direction 
and guidance is provided with respect to funding provided 
within this account:
    Collections Care.--The Committee maintains its longstanding 
commitment to the preservation of Smithsonian Institution 
collections and has included, as requested, $1,400,000 for the 
Collections Care Initiative. The Committee urges the 
Smithsonian to continue placing a high priority on the 
preservation of these priceless, irreplaceable historical 
collections.
    Exhibit Maintenance.--The Committee has provided requested 
funding for exhibit maintenance and critical collections needs 
at the National Air and Space Museum ($100,000), the National 
Museum of Natural History ($130,000), and the National Museum 
of American History ($100,000) which remain among the most 
highly visited Smithsonian sites.
    National Museum of African American History and Culture.--
The Committee maintains its support for the National Museum of 
African American History and Culture (NMAAHC) and has included 
$5,550,000 to facilitate collections acquisitions, development 
of exhibitions, and strengthen and expand the museum's capital 
campaign which is responsible for raising matching funds for 
the construction of the NMAAHC. Federal dollars for the 
construction of the NMAAHC are being matched on a 1:1 basis.
    Joint Venture.--The Committee maintains its support for the 
joint venture between the Library of Congress and the 
Smithsonian Institution creating a comprehensive compilation of 
audio and video recordings of personal histories and 
testimonials of individuals who participated in the Civil 
Rights movement.
    Latino Programs, Exhibitions, Collections and Public 
Outreach.--The Committee supports the Smithsonian Latino 
Center's goal of promoting the inclusion of Latino 
contributions in Smithsonian Institution programs, exhibitions, 
collections and public outreach. The Committee urges 
collaboration among interested parties to advance these goals 
more fully by utilizing existing Smithsonian Institution museum 
locations for the expansion of the Smithsonian Latino Center's 
programming, exhibition and collection space.

                           FACILITIES CAPITAL




Appropriation enacted, 2012...........................      $174,720,000
Budget estimate, 2013.................................       196,500,000
Recommended, 2013.....................................       145,544,000
Comparison:
    Appropriation, 2012...............................       -29,176,000
    Budget estimate, 2013.............................       -50,956,000


    The Committee recommends $145,544,000 for Facilities 
Capital, $29,176,000 below the fiscal year 2012 enacted level 
and $50,956,000 below the budget request.
    The Committee supports revitalization of Smithsonian 
Institution facilities and the planning and design of future 
projects. The Committee also supports and remains committed to 
the construction of the Congressionally authorized National 
Museum of African American History and Culture. Accordingly, 
the Committee recommends $50,000,000 for ongoing construction 
of the National Museum of African American History and Culture. 
These funds, which will ensure that construction continues, 
complement $45,000,000 provided by the Committee in prior years 
for pre-construction planning and design and $74,880,000 
provided in fiscal year 2012 to complete design and begin 
construction. Federal funds for the construction of the NMAAHC 
are being matched on a 1:1 basis.
    The Committee has provided funding, as requested, to 
address critical repairs at the National Air and Space Museum 
and structural and seismic upgrades at the Museum Support 
Center.
    The Committee further directs that the balance of 
Facilities Capital funding be devoted to the highest and best 
use for revitalization efforts of Smithsonian Institution 
assets on a priority basis. A growing number of projects 
necessitate the need for the Smithsonian Institution to set 
clear priorities within the Facilities Capital account. The 
Committee urges the Smithsonian to establish, and present in 
priority order in future annual budget justifications, all 
Facilities Capital program activities.

                        National Gallery of Art

    The National Gallery of Art is one of the world's great 
galleries. Its magnificent works of art, displayed for the 
benefit of millions of visitors annually, and its two iconic 
buildings and sculpture garden, serve as an example of a 
successful cooperative endeavor between private individuals and 
institutions and the Federal Government. With the special 
exhibitions shown in the Gallery, and through the many 
exhibitions which travel across the country, the Gallery brings 
great art treasures to Washington, DC, and to the Nation. 
Through its educational and teacher training programs and its 
website, the Gallery provides art history materials, rich 
online educational materials, direct loans, and broadcast 
programs to millions of Americans in every State.
    Table of Allocations by Activity.--The amounts recommended 
by the Committee compared with the budget estimates by activity 
are shown in the table at the end of this report.

                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................      $113,883,000
Budget estimate, 2013.................................       120,000,000
Recommended, 2013.....................................       113,121,000
Comparison:
    Appropriation, 2012...............................          -762,000
    Budget estimate, 2013.............................        -6,879,000


    The Committee recommends $113,121,000 for Salaries and 
Expenses of the National Gallery of Art, $762,000 below the 
fiscal year 2012 enacted level and $6,879,000 below the budget 
request. Within the amount provided, the Committee includes 
$3,518,000, as requested, for the Gallery's Special Exhibition 
program.
    Bill Language.--The Committee has included bill language, 
as requested, specifying the amount provided for Special 
Exhibitions.

            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS




Appropriation enacted, 2012...........................       $14,493,000
Budget estimate, 2013.................................        23,000,000
Recommended, 2013.....................................        12,679,000
Comparison:
    Appropriation, 2012...............................        -1,814,000
    Budget estimate, 2013.............................       -10,321,000


    The Committee recommends $12,679,000 for Repair, 
Restoration and Renovation of buildings at the National Gallery 
of Art, $1,814,000 below the fiscal year 2012 enacted level and 
$10,321,000 below the budget request. Reductions from the 
request are to defer Master Facilities Plan work.
    Bill Language.--The Committee has included bill language, 
as requested, relating to lease agreements of no more than 10 
years that addresses space needs created by ongoing renovations 
in the Master Facilities Plan.

             John F. Kennedy Center for the Performing Arts

    The John F. Kennedy Center for the Performing Arts is a 
living memorial to the late President Kennedy and is the 
National Center for the Performing Arts. The Center houses nine 
stages and seven theaters which have a total of more than 7,300 
seats. The Center consists of over 1.5 million square feet of 
usable floor space with visitation averaging 8,000 on a daily 
basis. The support systems in the building often operate at 
capacity 18 hours a day, seven days a week, 365 days a year.

                       OPERATIONS AND MAINTENANCE




Appropriation enacted, 2012...........................       $23,163,000
Budget estimate, 2013.................................        22,379,000
Recommended, 2013.....................................        22,379,000
Comparison:
    Appropriation, 2012...............................          -784,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $22,379,000 for Operations and 
Maintenance, as requested, $784,000 below the fiscal year 2012 
enacted level.

                     CAPITAL REPAIR AND RESTORATION




Appropriation enacted, 2012...........................       $13,628,000
Budget estimate, 2013.................................        13,588,000
Recommended, 2013.....................................        13,588,000
Comparison:
    Appropriation, 2012...............................           -40,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $13,588,000 for Capital Repair and 
Restoration, as requested, $40,000 below the fiscal year 2012 
enacted level.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

    The Woodrow Wilson International Center for Scholars is a 
unique institution with a special mission to serve as a living 
memorial to President Woodrow Wilson. The Center performs this 
mandate through its role as an international institute 
promoting policy-relevant research and dialogue to increase 
understanding and enhance the capabilities and knowledge of 
leaders, citizens, and institutions worldwide. The Woodrow 
Wilson Center hosts scholars and policy makers to do their own 
advanced study, research and writing and facilitates debate and 
discussions among scholars, public officials, journalists and 
business leaders from across the country on relevant, major 
long-term issues facing this Nation and the world.




Appropriation enacted, 2012...........................       $10,987,000
Budget estimate, 2013.................................        10,492,000
Recommended, 2013.....................................        10,492,000
Comparison:
    Appropriation, 2012...............................          -495,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $10,492,000 for Salaries and 
Expenses of the Woodrow Wilson International Center for 
Scholars, as requested, $495,000 below the fiscal year 2012 
enacted level.

           National Foundation on the Arts and the Humanities


                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION




Appropriation enacted, 2012...........................      $146,021,000
Budget estimate, 2013.................................       154,255,000
Recommended, 2013.....................................       132,000,000
Comparison:
    Appropriation, 2012...............................       -14,021,000
    Budget estimate, 2013.............................       -22,255,000


    The Committee recommends $132,000,000 for the National 
Endowment for the Arts (NEA), $14,021,000 below the fiscal year 
2012 enacted level and $22,255,000 below the budget request.
    The Committee values greatly the longstanding collaborative 
relationship between the NEA and the States. State Arts 
Agencies (SSAs) support the arts for communities at the 
grassroots level regardless of their geographic location, 
providing much of their funding to smaller organizations, 
community groups, and schools rather than well-established arts 
organizations. The Committee supports the continuation of this 
effective partnership and urges the NEA to work constructively 
with States in developing and implementing arts education 
programs and policies.
    The Committee remains committed to supporting proven 
national initiatives with broad geographic reach. The Big Read, 
Challenge America, and Shakespeare in American Communities are 
among the cost-effective grant programs with broad, bipartisan 
Congressional support that meet these criteria, supporting the 
NEA's goal of extending the arts to underserved populations in 
both urban and rural communities across the United States.
    The National Council on the Arts has historically played a 
substantive role in directing the development and direction of 
the NEA's programs. The Committee is concerned that the Council 
is playing a diminishing role and urges the NEA to fully engage 
the Council in its statutorily mandated advisory role in the 
decision-making process relating to the NEA's grant-making 
policies and programmatic initiatives, in addition to the 
Council's traditional advisory role in the awarding of NEA 
grants.
    The Committee has not provided $3,000,000 in requested 
funding for expenses associated with an anticipated relocation 
of the NEA from its current location at the Old Post Office 
Building. At the time of the markup of this bill, a detailed 
justification, including specific relocation costs, had not 
been presented to the Committee for consideration. The 
Committee would be negligent in its oversight responsibilities 
by providing funding for relocation without this level of 
detail. Therefore, the Committee directs the NEA to work with 
the General Services Administration (GSA) to identify cost-
effective options and submit to the Committee at the earliest 
possible date a detailed justification for the relocation of 
the NEA.
    The Committee notes that the NEA's Congressional 
authorization expired in 1993 and, therefore, urges the NEA to 
work with the appropriate authorizing committees on 
expeditiously renewing its Congressional authorization.
    Bill Language.--Each year, the Committee provides in bill 
language specific guidelines under which the Endowment is 
directed to distribute taxpayer dollars in support of the arts. 
With the exception of established honorific programs, grant 
funding to individual artists is strictly prohibited. The 
Committee directs that priority be given to providing services 
or grant funding for projects, productions, or programs that 
encourage public knowledge, education, understanding, and 
appreciation of the arts. Any reduction in support to the 
States for arts education should be no more than proportional 
to other funding decreases taken in other NEA programs.
    Reforms originally instituted by the Committee in P.L. 108-
447 relating to grant guidelines and program priorities are 
fully restated in Sections 415 and 416 of the bill. The 
Committee expects the NEA to adhere to them fully. These 
reforms maintain broad bipartisan support and continue to serve 
well both the NEA and the public interest.
    Further, the Committee has included bill language 
addressing grant award matching requirements and waiver 
procedures. This language is the result of extensive 
collaboration and consultation between the NEA and State Arts 
Agencies as directed in the fiscal year 2012 Interior, 
Environment, and Related Agencies conference report.
    The allocation of funding among NEA activities is shown in 
the table at the end of this report.

                 National Endowment for the Humanities


         GRANTS AND ADMINISTRATION (INCLUDING MATCHING GRANTS)




Appropriation enacted, 2012...........................      $146,021,000
Budget estimate, 2013.................................       154,255,000
Recommended, 2013.....................................       132,000,000
Comparison:
    Appropriation, 2012...............................       -14,021,000
    Budget estimate, 2013.............................       -22,255,000


    The Committee recommends a total of $132,000,000 for the 
National Endowment for the Humanities (NEH), $14,021,000 below 
the fiscal year 2012 enacted level and $22,255,000 below the 
budget request.
    The Committee commends the NEH Federal/State Partnership 
for its ongoing, successful collaboration with State humanities 
councils in each of the 50 states as well as Washington, D.C., 
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 
the Commonwealth of the Northern Mariana Islands, and American 
Samoa. Every NEH dollar received by a council is matched by a 
local contribution. In recent years, the proportion of NEH 
program funds supporting the work of State humanities councils 
has grown to nearly 40 percent. The Committee urges the NEH to 
sustain program funding to support the critical work of State 
humanities councils consistent with the guidance provided in 
the fiscal year 2012 Interior, Environment, and Related 
Agencies conference report.
    The Committee does not support the budget request proposal 
to discontinue the We the People program. A similar proposal 
made last year was rejected. We the People was initiated on 
Constitution Day--September 17, 2002--and should remain a core 
NEH grant program designed to promote the teaching, study, and 
understanding of American history, culture, and democratic 
principles. Grants awarded through the We the People program 
have historically leveraged millions of non-Federal dollars 
supporting enrichment and educational materials provided to 
thousands of educators, schools, community colleges, and 
libraries nationwide. We the People is a proven, cost-effective 
national grant program with broad geographic reach and 
bipartisan Congressional support. The Committee, therefore, 
directs that it be sustained as an individual initiative at no 
less than $3,500,000 in fiscal year 2013.
    The Committee has not provided $3,000,000 in requested 
funding for expenses associated with an anticipated relocation 
of the NEH from its current location at the Old Post Office 
Building. At the time of the markup of this bill, a detailed 
justification, including specific relocation costs, had not 
been presented to the Committee for consideration. The 
Committee would be negligent in its oversight responsibilities 
by providing funding for relocation without this level of 
detail. Therefore, the Committee directs the NEH to work with 
the General Services Administration (GSA) to identify cost-
effective options and submit to the Committee at the earliest 
possible date a detailed justification for the relocation of 
the NEH.
    The Committee notes that the NEH's Congressional 
authorization expired in 1993 and, therefore, urges the NEH to 
work with the appropriate authorizing committees on 
expeditiously renewing its Congressional authorization.
    The allocation of funding among NEH activities is shown in 
the table at the end of this report.

                        Commission of Fine Arts

    The Commission of Fine Arts was established in 1910 to 
advise the government on matters pertaining to the design of 
national symbols, and particularly to guide the architectural 
development of Washington, D.C. The Commission's work includes 
advice on designs for parks, public buildings, public art, as 
well as the design of national monuments, coins and medals, and 
overseas American military cemeteries. In addition, the 
Commission conducts design reviews of semipublic and private 
structures within the Old Georgetown Historic District and 
within certain areas of the National Capital that are adjacent 
to areas of Federal interest. The Commission reviews more than 
600 projects annually. The Commission also administers the 
National Capital Arts and Cultural Affairs program.

                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................        $2,396,000
Budget estimate, 2013.................................         2,175,000
Recommended, 2013.....................................         2,175,000
Comparison:
    Appropriation, 2012...............................          -221,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $2,175,000 for Salaries and 
Expenses of the Commission of Fine Arts, as requested, $221,000 
below the fiscal year 2012 enacted level.

               National Capital Arts and Cultural Affairs





Appropriation enacted, 2012...........................        $1,997,000
Budget estimate, 2013.................................                 0
Recommended, 2013.....................................         1,950,000
Comparison:
    Appropriation, 2012...............................           -47,000
    Budget estimate, 2013.............................        +1,950,000


    The National Capital Arts and Cultural Affairs program was 
established in Public Law 99-190 to support organizations that 
perform, exhibit, and/or present the arts in the Nation's 
Capital. The Committee recommends $1,950,000, which is $47,000 
below the fiscal year 2012 enacted level and $1,950,000 above 
the budget request.

               Advisory Council on Historic Preservation


                         SALARIES AND EXPENSES

    The National Historic Preservation Act of 1966 established 
the Advisory Council on Historic Preservation. The ACHP was 
granted permanent authorization as part of the National 
Historic Preservation Act Amendments of 2006 (Public Law 109-
453). The ACHP promotes the preservation, enhancement, and 
productive use of our nation's historic resources and advises 
the President and Congress on national historic preservation 
policy.




Appropriation enacted, 2012...........................        $6,098,000
Budget estimate, 2013.................................         7,023,000
Recommended, 2013.....................................         5,723,000
Comparison:
    Appropriation, 2012...............................          -375,000
    Budget estimate, 2013.............................        -1,300,000


    The Committee recommends $5,723,000 for Salaries and 
Expenses of the Advisory Council on Historic Preservation 
(ACHP), $375,000 below the fiscal year 2012 enacted level and 
$1,300,000 below the budget request.
    The Committee is concerned by the Council's decision to 
intervene in the review of the proposed Susquehanna-Roseland 
Transmission line almost two years after the review process was 
initiated and following the closure of the public comment 
process on the draft environmental impact statement. This 
initiative, which is critical to the supply of electricity to 
58 million consumers in 13 States and Washington, DC, is one of 
seven electric transmission lines that has been accelerated 
through a pilot demonstration to streamline Federal permitting 
and increase cooperation at the Federal and State level. The 
Council is directed to work cooperatively with the Department 
of the Interior to avoid any further delays so that the 
Department, as directed in the fiscal year 2012 Interior, 
Environment, and Related Agencies conference report, adheres to 
its scheduled issuance of a final Record of Decision in 
October, 2012.
    The Committee has not provided $1,300,000 in requested 
funding for expenses associated with an anticipated relocation 
of the ACHP from its current location at the Old Post Office 
Building. At the time of the markup of this bill, a detailed 
justification, including specific relocation costs, had not 
been presented to the Committee for consideration. The 
Committee would be negligent in its oversight responsibilities 
by providing funding for relocation without this level of 
detail. Therefore, the Committee directs the ACHP to work with 
the General Services Administration (GSA) to identify cost-
effective options and submit to the Committee at the earliest 
possible date a detailed justification for the relocation of 
the ACHP.

                  National Capital Planning Commission


                         SALARIES AND EXPENSES

    The National Capital Planning Act of 1952 designated the 
National Capital Planning Commission as the central planning 
agency for the Federal government in the National Capital 
Region. The three major functions of the Commission are to 
prepare and adopt the Federal elements of the National Capital 
Comprehensive Plan; prepare an annual report on a five-year 
projection of the Federal Capital Improvement Program; and 
review plans and proposals submitted to the Commission.




Appropriation enacted, 2012...........................        $8,141,000
Budget estimate, 2013.................................         7,977,000
Recommended, 2013.....................................         7,977,000
Comparison:
    Appropriation, 2012...............................          -164,000
    Budget estimate, 2013.............................                 0


    The Committee recommends $7,977,000 for Salaries and 
Expenses of the National Capital Planning Commission, as 
requested, $164,000 below the fiscal year 2012 enacted level.

                United States Holocaust Memorial Museum


                       HOLOCAUST MEMORIAL MUSEUM

    In 1980, Congress passed legislation creating a 65-member 
Holocaust Memorial Council with the mandate to create and 
oversee a living memorial/museum to victims of the Holocaust. 
The museum opened in April 1993. Construction costs for the 
museum came solely from donated funds raised by the U.S. 
Holocaust Memorial Museum Campaign, and appropriated funds were 
used for planning and development of programmatic components, 
overall administrative support, and annual commemorative 
observances. Since the opening of the museum, appropriated 
funds have been provided to pay for the ongoing operating costs 
of the museum as authorized by Public Law 102-529 and Public 
Law 106-292. Private funds support educational outreach 
throughout the United States.




Appropriation enacted, 2012...........................       $50,717,000
Budget estimate, 2013.................................        51,788,000
Recommended, 2013.....................................        49,900,000
Comparison:
    Appropriation, 2012...............................          -817,000
    Budget estimate, 2013.............................        -1,888,000


    The Committee recommends $49,900,000 for the Holocaust 
Memorial Museum, $817,000 below the fiscal year 2012 enacted 
level and $1,888,000 below the budget request.

                             Presidio Trust


                          PRESIDIO TRUST FUND




Appropriation enacted, 2012...........................       $11,981,000
Budget estimate, 2013.................................                 0
Recommended, 2013.....................................                 0
Comparison:
    Appropriation, 2012...............................       -11,981,000
    Budget estimate, 2013.............................                 0


    As requested, no funding is proposed for the Presidio Trust 
in fiscal year 2013. Funds provided in fiscal year 2012 
fulfilled the commitment made by Congress to support the 
transition of the Presidio Army Base to a mixed-use, 
financially independent facility by the year 2013 as authorized 
by Public Law 104-333. The Presidio's self-sufficiency plan 
stipulated that the Presidio Trust receive Federal 
appropriations through fiscal year 2012, at which time the 
Trust would become responsible for funding the operations and 
maintenance of the Presidio in perpetuity.

                Dwight D. Eisenhower Memorial Commission

    The Dwight D. Eisenhower Memorial Commission was created by 
Congress in 1999 through Public Law 106-79 for the purpose of 
establishing a permanent national memorial to Dwight D. 
Eisenhower, Supreme Commander of the Allied Forces in Europe in 
World War II and 34th President of the United States. The 
Commission consists of 12 members, four members of the House of 
Representatives, four Senators, and four private citizens 
appointed by the President.

                         SALARIES AND EXPENSES




Appropriation enacted, 2012...........................        $1,997,000
Budget estimate, 2013.................................         5,600,000
Recommended, 2013.....................................                 0
Comparison:
    Appropriation, 2012...............................        -1,997,000
    Budget estimate, 2013.............................        -5,600,000


    The bill does not include funding for the Salaries and 
Expenses account. The Committee is aware that the design of the 
Eisenhower Memorial has garnered a significant amount of 
interest. The Committee notes that an open, public, and 
transparent process exists for deciding the components of the 
final design. The process is intended to be collaborative and 
incorporate multiple perspectives. The Committee urges the 
Commission to continue working with all constituencies as 
partners in the planning process including, but not limited to, 
the National Park Service, the Commission on Fine Arts, and the 
National Capitol Planning Commission.
    Further, in order for the Committee to remain informed as 
to the status of fund raising efforts the Eisenhower Commission 
is directed to include a table in its annual Congressional 
justification that shows the total amount of private (non-
Federal) contributions to date, and the total obligations and 
total expenditures of those funds.

                          CAPITAL CONSTRUCTION




Appropriation enacted, 2012...........................       $30,940,000
Budget estimate, 2013.................................        54,240,000
Recommended, 2013.....................................                 0
Comparison:
    Appropriation, 2012...............................       -30,940,000
    Budget estimate, 2013.............................       -54,240,000


    The bill does not include funding for the Capital 
Construction account. The Committee provided the Commission a 
total of $32,937,000 in fiscal year 2012 to finance the initial 
groundbreaking of the memorial in August 2012. Additional 
considerations for a number of the design elements required a 
revision of the schedule. The fiscal year 2013 budget offers an 
updated schedule with groundbreaking beginning in January 2013. 
As a result, the Commission will not have spent the 
construction funds provided for fiscal year 2012. The Committee 
finds the previously appropriated funds will be sufficient to 
initiate construction in fiscal year 2013, and thus, has not 
provided additional funds.

                      TITLE IV--GENERAL PROVISIONS

    Section 401 modifies a provision providing for public 
availability of information governing the use of consulting 
services contracts.
    Section 402 continues a provision prohibiting activities to 
promote public support or opposition to legislative proposals.
    Section 403 continues a provision providing for annual 
appropriations unless expressly provided otherwise in this Act.
    Section 404 modifies a provision providing for restrictions 
on departmental assessments unless approved by the Committees 
on Appropriations.
    Section 405 continues a provision preventing the use of 
funds to sell giant sequoia trees on National Forest or Bureau 
of Land Management lands in a manner different than such sales 
were conducted in the past.
    Section 406 continues a limitation on accepting and 
processing applications for patents and on the patenting of 
Federal lands; permits processing of grandfathered 
applications; and permits third-party contractors to process 
grandfathered applications.
    Section 407 continues a provision regarding the payment of 
contract support costs.
    Section 408 modifies a provision allowing Forest Service 
land management plans to be more than 15 years old if the 
Secretary is acting in good faith to update such plans.
    Section 409 continues a provision limiting preleasing, 
leasing, and related activities within the boundaries of 
National Monuments.
    Section 410 continues a provision which restricts funding 
for acquisition of land from being used for declarations of 
taking or complaints in condemnation.
    Section 411 continues a provision addressing timber sales 
involving Alaskan western red cedar.
    Section 412 modifies a provision continuing certain 
authorities to renew grazing permits or leases administered by 
the Forest Service or Department of the Interior.
    Section 413 continues a provision which prohibits no-bid 
contracts and grants except under certain circumstances.
    Section 414 continues a provision which requires public 
disclosure of certain reports.
    Section 415 continues a provision which delineates the 
grant guidelines for the National Endowment for the Arts.
    Section 416 continues a provision which delineates the 
program priorities for the programs managed by the National 
Endowment for the Arts.
    Section 417 provides guidelines relating to National 
Endowment for the Arts grant awards to States.
    Section 418 continues a provision requiring the Department 
of the Interior, the EPA, the Forest Service, and the Indian 
Health Service provide the Committees on Appropriations a 
quarterly report on the status of balances of appropriations.
    Section 419 requires the President to submit a report to 
the Committees on Appropriations no later than 120 days after 
the fiscal year 2014 budget is submitted to Congress describing 
in detail all Federal agency obligations and expenditures for 
climate change programs and activities in fiscal year 2012.
    Section 420 continues a provision prohibiting the use of 
funds to promulgate or implement any regulation requiring the 
issuance of permits under title V of the Clean Air Act for 
carbon dioxide, nitrous oxide, water vapor, or methane 
emissions.
    Section 421 continues a provision prohibiting the use of 
funds to implement any provision in a rule if that provision 
requires mandatory reporting of greenhouse gas emissions from 
manure management systems.
    Section 422 clarifies Silvicultural Operations under the 
Federal Water Pollution Control Act.
    Section 423 directs the Secretary of the Interior to 
reissue a final rule that shall not be subject to judicial 
review.
    Section 424 continues a provision prohibiting the 
government from entering into contracts or agreements with any 
corporation that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months.
    Section 425 continues a provision prohibiting funds for 
contracts or agreements with entities with unpaid Federal tax 
liabilities that have not entered into payment agreements to 
remedy the liability.
    Section 426 extends the Herger-Feinstein Library Group 
Forestry Recovery Act.
    Section 427 extends the Colorado Good Neighbor authority to 
all western states.
    Section 428 requires the Forest Service to identify land 
for fire stations within National Recreation Areas.
    Section 429 extends Forest Service cost recovery for 
special uses for five years.
    Section 430 allows interpretive associations to partner 
with the Forest Service.
    Section 431 extends the maximum authorized term for grazing 
permits and leases.
    Section 432 clarifies the Forest Service may use 
designation by description and prescription.
    Section 433 prohibits the Forest Service in California from 
implementing the travel management rule without additional 
analysis and prevents the agency from designating ML-3 roads as 
highways.
    Section 434 prohibits the use of funds to develop, adopt, 
implement, administer, or enforce a change or supplement to a 
rule or guidance documents pertaining to the definition of 
waters under the Federal Water Pollution Control Act.
    Section 435 prohibits the use of funds to develop, carry 
out, implement, or enforce proposed regulations published on 
June 18, 2010.
    Section 436 prohibits the use of funds to expand the 
stormwater discharge program under section 402(p) of the 
Federal Water Pollution Control Act until certain criteria are 
met.
    Section 437 clarifies current Appeals Reform Act 
requirements for Forest Service activities.
    Section 438 prohibits the use of funds to limit 
recreational shooting and hunting on Federal and public lands 
except for public safety.
    Section 439 prohibits the use of funds to develop, propose, 
finalize, administer, or implement the National Ocean Policy 
under Executive Order 13547; requires a report identifying all 
Federal expenditures for the development, administration, or 
implementation of such Policy in fiscal years 2011 and 2012; 
and requires that the President's budget submission for fiscal 
year 2014 identify funding proposed for the implementation of 
such Policy.
    Section 440 establishes a pilot program for vessels to 
demonstrate alternative methods to comply with emissions 
control area standards.
    Section 441 precludes the need for a municipal separate 
storm sewer system permit under certain conditions.
    Section 442 applies Buy American requirements to the Clean 
Water and Drinking Water State Revolving Funds.
    Section 443 prohibits EPA from using funds to implement, 
administer, or enforce the lead renovation rule until EPA has 
approved a commercially available lead test kit.
    Section 444 prohibits EPA from using funds to prepare, 
propose, promulgate, finalize, implement, or enforce 
regulations for greenhouse gas emissions from new motor 
vehicles or motor engines after model year 2016, and to grant a 
waiver to a State or political subdivision thereof to adopt or 
enforce standards for greenhouse gas emissions from new motor 
vehicles or motor engines after model year 2016.
    Section 445 prohibits EPA from using funds to finalize 
proposed guidance on false or misleading pesticide labels.
    Section 446 prohibits EPA from using funds to implement, 
administer, or enforce NESHAP regulations for asbestos with 
respect to residential buildings with four or fewer dwelling 
units unless such buildings meet certain criteria.
    Section 447 prohibits EPA from using funds to develop, 
propose, finalize, implement, enforce, or administer any 
regulation that would establish new financial responsibility 
requirements under CERCLA.
    Section 448 prohibits from using funds to develop, issue, 
implement, or enforce any greenhouse gas New Source Performance 
Standards on any new or existing source that is an electric 
utility generating unit.
    Section 449 directs EPA to begin development of a seventh 
addition of a cost manual.
    Section 450 directs EPA to solicit comments on revising an 
air quality model.
    Section 451 establishes a Spending Reduction Account as 
required by Section 3(j) of H. Res. 5.

                    Bill-Wide Reporting Requirements

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives:

                          FULL COMMITTEE VOTES

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the Rules of the House of Representatives, the results of each 
roll call vote on an amendment or on the motion to report, 
together with the names of those voting for and those voting 
against, are printed below:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                          RESCISSION OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescission recommended in the accompanying bill:
    Department and activity:
    Amounts recommended for rescission:
    Department of the Interior: Land and Water Conservation 
Fund (contract authority) $30,000,000.
    Environmental Protection Agency: State and Tribal 
Assistance Grants $130,000,000.

                           TRANSFERS OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the transfer of funds in the accompanying bill.

            APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL

----------------------------------------------------------------------------------------------------------------
                                                                 Account to which transfer is
    Account from which transfer is made        Amount (000's)                made                Amount (000's)
----------------------------------------------------------------------------------------------------------------
Department of the Interior, National Park        not specified  Department of Transportation,      not specified
 Service.                                                        Federal Highway
                                                                 Administration.
Department of the Interior, Operation of         not specified  Indian forest land assistance      not specified
 Indian Programs.                                                accounts.
Department of the Interior, Bureau of            not specified  Bureau of Reclamation........      not specified
 Indian Affairs Construction.
Department of the Interior, Office of            not specified  Secretary of Agriculture.....      not specified
 Insular Affairs.
Department of the Interior, Office of the        not specified  Department of the Interior,        not specified
 Special Trustee for American Indians.                           Bureau of Indian Affairs,
                                                                 Office of Indian Programs;
                                                                 Office of the Solicitor,
                                                                 Salaries and Expenses;
                                                                 Office of the Secretary,
                                                                 Salaries and Expenses.
Department of the Interior, Wildland Fire        not specified  Department of the Interior,        not specified
 Management.                                                     for repayment of advances
                                                                 made during emergencies.
Department of the Interior, Wildland Fire        up to $50,000  Forest Service, Wildland Fire      up to $50,000
 Management.                                                     Management.
Department of the Interior, FLAME Wildfire       not specified  Department of the Interior,        not specified
 Suppression Reserve Fund.                                       Wildland Fire Management.
Environmental Protection Agency, Hazardous       not specified  Other Federal Agencies.......      not specified
 Substance Superfund.
Environmental Protection Agency,                up to $250,000  Any Federal Department or         up to $250,000
 Environmental Programs and Management.                          Agency for Great Lakes
                                                                 Initiative.
Forest Service, Capital Improvement and          not specified  General Fund of the Treasury.      not specified
 Maintenance.
Forest Service, Capital Improvement and          up to $13,000  Forest Service, National           up to $13,000
 Maintenance.                                                    Forest System.
Forest Service, Wildland Fire Management...      not specified  Forest Service, for repayment      not specified
                                                                 of advances made during
                                                                 emergencies.
Forest Service, Wildland Fire Management...      not specified  Forest Service, State and          not specified
                                                                 Private Forestry.
Forest Service, Wildland Fire Management...      not specified  Forest Service, National           not specified
                                                                 Forest System.
Forest Service, Wildland Fire Management...      not specified  Forest Service, Forest and         not specified
                                                                 Rangeland Research.
Forest Service, Wildland Fire Management...      up to $50,000  Secretary of the Interior....      up to $50,000
Forest Service, Wildland Fire Management...      up to $21,000  Forest Service, National           up to $21,000
                                                                 Forest System.
Forest Service, FLAME Wildfire Suppression       not specified  Forest Service, Wildland Fire      not specified
 Reserve Fund.                                                   Management.
Forest Service.............................      not specified  Forest Service, Wildland Fire      not specified
                                                                 Management.
Forest Service.............................      up to $82,000  USDA, Working Capital Fund...      up to $82,000
Forest Service.............................      up to $14,500  USDA, Greenbook..............      up to $14,500
----------------------------------------------------------------------------------------------------------------

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

    Neither the bill nor the report contains any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined by clause 9 of rule XXI.

         COMPLIANCE WITH RULE XIII, CLAUSE 3(E) (RAMSEYER RULE)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

              SECTION 6906 OF TITLE 31, UNITED STATES CODE


Sec. 6906. Funding

  For each of fiscal years 2008 through [2012] 2013--
          (1)  * * *

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 10101 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993


SEC. 10101. FEE.

  (a) Claim Maintenance Fee.--
          (1) Lode mining claims, mill sites, and tunnel 
        sites.--The holder of each unpatented lode mining 
        claim, mill site, or tunnel site, located pursuant to 
        the mining laws of the United States [on] before, on, 
        or after August 10, 1993, shall pay to the Secretary of 
        the Interior, on or before September 1 of each year, to 
        the extent provided in advance in appropriations Acts, 
        a claim maintenance fee of $100 per claim or site, 
        respectively. Such claim maintenance fee shall be in 
        lieu of the assessment work requirement contained in 
        the Mining Law of 1872 (30 U.S.C. 28-28e) and the 
        related filing requirements contained in section 314 
        (a) and (c) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1744 (a) and (c)).
          (2) Placer mining claims.--The holder of each 
        unpatented placer mining claim located pursuant to the 
        mining laws of the United States [located] before, on, 
        or after August 10, 1993, shall pay to the Secretary of 
        the Interior, on or before September 1 of each year, 
        the claim maintenance fee described in subsection (a), 
        for each 20 acres of the placer claim or portion 
        thereof.

           *       *       *       *       *       *       *

                              ----------                              


          SECTION 15 OF THE INDIAN LAW ENFORCEMENT REFORM ACT


SEC. 15. INDIAN LAW AND ORDER COMMISSION.

  (a)  * * *

           *       *       *       *       *       *       *

  (f) Report.--Not later than [2 years] 3 years after the date 
of enactment of this Act, the Commission shall submit to the 
President and Congress a report that contains--
          (1)  * * *

           *       *       *       *       *       *       *

                              ----------                              


PUBLIC LAW 109-54

           *       *       *       *       *       *       *



TITLE II--ENVIRONMENTAL PROTECTION AGENCY

           *       *       *       *       *       *       *



Administrative Provisions

           *       *       *       *       *       *       *


  For fiscal years 2006 through 2015, the Administrator may, 
after consultation with the Office of Personnel Management, 
employ up to [thirty persons] fifty persons at any one time in 
the Office of Research and Development under the authority 
provided in 42 U.S.C. 209.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 415 OF THE DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012


                      extension of grazing permits

  Sec. 415.  The terms and conditions of section 325 of Public 
Law 108-108 (117 Stat. 1307), regarding grazing permits at the 
Department of the Interior and the Forest Service, shall remain 
in effect for fiscal years 2012 and 2013 and subsequent fiscal 
years. A grazing permit or lease issued by the Secretary of the 
Interior for lands administered by the Bureau of Land 
Management that is the subject of a request for a grazing 
preference transfer shall be issued, without further 
processing, for the remaining time period in the existing 
permit or lease using the same mandatory terms and conditions. 
If the authorized officer determines a change in the mandatory 
terms and conditions is required, the new permit must be 
processed as directed in section 325 of Public Law 108-108.
                              ----------                              


SECTION 5 OF THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT 
                                OF 1965


          ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE ARTS

  Sec. 5. (a)  * * *

           *       *       *       *       *       *       *

  (g)(1)  * * *

           *       *       *       *       *       *       *

  (4)(A) The amount of each allotment to a State for any fiscal 
year under this subsection shall be available to each State, 
which has a plan approved by the Chairperson in effect on the 
first day of such fiscal year to pay not more than 50 per 
centum of the total cost of any project or production described 
in paragraph (1). The amount of any allotment made under 
paragraph (3) for any fiscal year which exceeds $125,000 shall 
be available, at the discretion of the Chairperson, to pay up 
to 100 per centum of such cost of projects and productions if 
such projects and productions would otherwise be unavailable to 
the residents of that State: Provided, That the total amount of 
any such allotment for any fiscal year which is exempted from 
such 50 per centum limitation shall not exceed 20 per centum of 
the total of such allotment for such fiscal year. 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.

           *       *       *       *       *       *       *

  (C) Funds made available under this subsection shall not be 
used to supplant non-Federal funds. 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.

           *       *       *       *       *       *       *

                              ----------                              


         SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT


            national pollutant discharge elimination system

      Sec. 402. (a)  * * *

           *       *       *       *       *       *       *

      (l) Limitation on Permit Requirement.--
          (1)  * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

      (p) Municipal and Industrial Stormwater Discharges.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Permit requirements.--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (C) Limitation.--The Administrator or a State 
                may notrequire a municipality operating a 
                municipal separate stormsewer system serving a 
                population of less than 100,000 toobtain a 
                permit under this subsection for a discharge 
                that--
                          (i) is composed entirely of 
                        stormwater from a facilitythat is not 
                        owned or operated by the municipality; 
                        and
                          (ii) does not enter into the 
                        municipal separate stormsewer system.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 331 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2001

  Sec. 331. Federal and State Cooperative Watershed Restoration 
and Protection [in Colorado]. (a) Use of [Colorado] State 
Forest Service.--The Secretary of Agriculture, via cooperative 
agreement or contract (including sole source contract) as 
appropriate, [may permit the Colorado State Forest Service] 
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 to perform watershed 
restoration and protection services on National Forest System 
lands in the State [of Colorado] when similar and complementary 
watershed restoration and protection services are being 
performed by the State Forest Service on adjacent State or 
private lands. The types of services that may be extended to 
National Forest System lands include treatment of insect 
infected trees, reduction of hazardous fuels, and other 
activities to restore or improve watersheds or fish and 
wildlife habitat across ownership boundaries.
  (b) State as Agent.--Except as provided in subsection (c), a 
cooperative agreement or contract under subsection (a) [may 
authorize the State Forester of Colorado] with any of the 
sixteen contiguous Western States may authorize the State 
Forester of the State to serve as the agent for the Forest 
Service in providing all services necessary to facilitate the 
performance of watershed restoration and protection services 
under subsection (a). The services to be performed by [the 
Colorado State] a State Forest Service may be conducted with 
subcontracts utilizing State contract procedures. Subsections 
(d) and (g) of section 14 of the National Forest Management Act 
of 1976 (16 U.S.C. 472a) shall not apply to services performed 
under a cooperative agreement or contract under subsection (a).
  (c) Retention of NEPA Responsibilities.--With respect to any 
watershed restoration and protection services on National 
Forest System lands proposed for performance by [the Colorado 
State] a State Forest Service under subsection (a), any 
decision required to be made under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) may not be 
delegated to [the State Forester of Colorado] a State Forester 
or any other officer or employee of [the Colorado State] a 
State Forest Service.
  (d) Inclusion of [Colorado] BLM Lands.--The authority 
provided by this section shall also be available to the 
Secretary of the Interior with respect to public lands in the 
[State of Colorado] sixteen contiguous Western States 
administered by the Secretary through the Bureau of Land 
Management.
  (e) Expiration of Authority.--The authority of the Secretary 
of Agriculture and the Secretary of the Interior to enter into 
cooperative agreements and contracts under this section expires 
[September 30, 2013] September 30, 2018, and the term of any 
cooperative agreement or contract entered into under this 
section shall not extend beyond that date.
                              ----------                              


  SECTION 331 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2000

  Sec. 331. Enhancing Forest Service Administration of Rights-
of-way and Land Uses. (a) The Secretary of Agriculture shall 
[develop and implement a pilot program] implement a program for 
the purpose of enhancing [forest service] Forest Service 
administration of rights-of-way and other land uses. The 
authority for this program shall be for fiscal years 2000 
[through 2012] through 2017. [Prior to the expiration of the 
authority for this pilot program, the Secretary shall submit a 
report to the House and Senate Committees on Appropriations, 
and the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives 
that evaluates whether the use of funds under this section 
resulted in more expeditious approval of rights-of-way and 
special use authorizations. This report shall include the 
Secretary's recommendation for statutory or regulatory changes 
to reduce the average processing time for rights-of-way and 
special use permit applications.]
  (b) Deposit of Fees.--Subject to subsections (a) and (f), 
during fiscal years 2000 through [2012,] 2017, the Secretary of 
Agriculture shall deposit into a special account established in 
the Treasury all fees collected by the Secretary to recover the 
costs of processing applications for, and monitoring compliance 
with, authorizations to use and occupy National Forest System 
lands pursuant to section 28(l) of the Mineral Leasing Act (30 
U.S.C. 185(l)), section 504(g) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1764(g)), section 9701 of 
title 31, United States Code, and section 110(g) of the 
National Historic Preservation Act (16 U.S.C. 470h-2(g)).

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 402 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

                       GRAZING LEASES AND PERMITS

  Sec. 402. (a) Except as provided in subsection (b) of this 
section, permits and leases for domestic livestock grazing on 
public lands issued by the Secretary under the Act of June 28, 
1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 et. seq.) or the 
Act of August 28, 1937 (50 Stat. 874, as amended; 43 U.S.C. 
1181a-1181j), or by the Secretary of Agriculture, with respect 
to lands within National Forests in the sixteen contiguous 
Western States, shall be for a term of [ten years] 20 years 
subject to such terms and conditions the Secretary concerned 
deems appropriate and consistent with the governing law, 
including, but not limited to, the authority of the Secretary 
concerned to cancel, suspend, or modify a grazing permit or 
lease, in whole or in part, pursuant to the terms and 
conditions thereof, or to cancel or suspend a grazing permit or 
lease for any violation of a grazing regulation or of any term 
or condition of such grazing permit or lease.
  (b) Permits or leases may be issued by the Secretary 
concerned for a period shorter than [ten years] 20 years where 
the Secretary concerned determines that--
          (1)  * * *
          (2) the land will be devoted to a public purpose 
        prior to the end of [ten years] 20 years; or
          (3) it will be in the best interest of sound land 
        management to specify a shorter term: Provided, That 
        the absence from an allotment management plan of 
        details the Secretary concerned would like to include 
        but which are undeveloped shall not be the basis for 
        establishing a term shorter than [ten years] 20 years: 
        Provided further, That the absence of completed land 
        use plans or court ordered environmental statements 
        shall not be the sole basis for establishing a term 
        shorter than [ten years] 20 years unless the Secretary 
        determines on a case-by-case basis that the information 
        to be contained in such land use plan or court ordered 
        environmental impact statement is necessary to 
        determine whether a shorter term should be established 
        for any of the reasons set forth in items (1) through 
        (3) of this subsection.

           *       *       *       *       *       *       *

                              ----------                              


        SECTION 14 OF THE NATIONAL FOREST MANAGEMENT ACT OF 1976

              TIMBER SALES ON NATIONAL FOREST SYSTEM LANDS

  Sec. 14. (a)  * * *

           *       *       *       *       *       *       *

  (g) [Designation, marking when necessary,] Designation, 
including marking when necessary, or designation by description 
or by prescription, and supervision of harvesting of trees, 
portions of trees, or forest products shall be conducted by 
persons employed by the Secretary of Agriculture. Such persons 
shall have no personal interest in the purchase or harvest of 
such products and shall not be directly or indirectly in the 
employment of the purchaser thereof.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 322 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1993

[SEC. 322. FOREST SERVICE DECISIONMAKING AND APPEALS REFORM.

  [(a) In General.--In accordance with this section, the 
Secretary of Agriculture, acting through the Chief of the 
Forest Service, shall establish a notice and comment 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 (16 U.S.C. 1601 et seq.) and shall modify 
the procedure for appeals of decisions concerning such 
projects.
  [(b) Notice and Comment.--
          [(1) Notice.--Prior to proposing an action referred 
        to in subsection (a), the Secretary shall give notice 
        of the proposed action, and the availability of the 
        action for public comment by--
                  [(A) promptly mailing notice about the 
                proposed action to any person who has requested 
                it in writing, and to persons who are known to 
                have participated in the decisionmaking 
                process; and,
                  [(B)(i) in the case of an action taken by the 
                Chief of the Forest Service, publishing notice 
                of action in the Federal Register; or
                  [(ii) in the case of any other action 
                referred to in subsection (a), publishing 
                notice of the action in a newspaper of general 
                circulation that has previously been identified 
                in the Federal Register as the newspaper in 
                which notice under this paragraph may be 
                published.
          [(2) Comment.--The Secretary shall accept comments on 
        the proposed action within 30 days after publication of 
        the notice in accordance with paragraph (1).
  [(c) Right to Appeal.--Not later than 45 days after the date 
of issuance of a decision of the Forest Service concerning 
actions referred to in subsection (a), a person who was 
involved in the public comment process under subsection (b) 
through submission of written or oral comments or by otherwise 
notifying the Forest Service of their interest in the proposed 
action may file an appeal.
  [(d) Disposition of an Appeal.--
          [(1) Informal disposition.--
                  [(A) In general.--Subject to subparagraph 
                (B), a designated employee of the Forest 
                Service shall offer to meet with each 
                individual who files an appeal in accordance 
                with subsection (c) and attempt to dispose of 
                the appeal.
                  [(B) Time and location of the meeting.--Each 
                meeting in accordance with subparagraph (A) 
                shall take place--
                          [(i) not later than 15 days after the 
                        closing date for filing an appeal; and
                          [(ii) at a location designated by the 
                        Chief of the Forest Service that is in 
                        the vicinity of the lands affected by 
                        the decision.
          [(2) Formal review.--If the appeal is not disposed of 
        in accordance with paragraph (1), an appeals review 
        officer designated by the Chief of the Forest Service 
        shall review the appeal and recommend in writing, to 
        the official responsible for deciding the appeal, the 
        appropriate disposition of the appeal. The official 
        responsible for deciding the appeal shall then decide 
        the appeal. The appeals review officer shall be a line 
        officer at least at the level of the agency official 
        who made the initial decision on the project or 
        activity that is under appeal, who has not participated 
        in the initial decision and will not be responsible for 
        implementation of the initial decision after the appeal 
        is decided.
          [(3) Time for disposition.--Disposition of appeals 
        under this subsection shall be completed not later than 
        30 days after the closing date for filing of an appeal, 
        provided that the Forest Service may extend the closing 
        date by an additional 15 days.
          [(4) If the Secretary fails to decide the appeal 
        within the 45-day period, the decision on which the 
        appeal is based shall be deemed to be a final agency 
        action for the purpose of chapter 7 of title 5, United 
        States Code.
  [(e) Stay.--Unless the Chief of the Forest Service determines 
that an emergency situation exists with respect to a decision 
of the Forest Service, implementation of the decision shall be 
stayed during the period beginning on the date of the 
decision--
          [(1) for 45 days, if an appeal is not filed, or
          [(2) for an additional 15 days after the date of the 
        disposition of an appeal under this section, if the 
        agency action is deemed final under subsection (d)(4).]
                              ----------                              


PUBLIC LAW 104-333

           *       *       *       *       *       *       *


DIVISION II

           *       *       *       *       *       *       *


TITLE I--NATIONAL COAL HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 107. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 208. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 310. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE IV--STEEL INDUSTRY HERITAGE PROJECT

           *       *       *       *       *       *       *


SEC. 408. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE V--ESSEX NATIONAL HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 507. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

           *       *       *       *       *       *       *


SEC. 607. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE VII--AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP

           *       *       *       *       *       *       *


SEC. 707. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR

           *       *       *       *       *       *       *


SEC. 809. SUNSET.

  The Secretary may not make any grant or provide any financial 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *


TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 910. SUNSET.

  The Secretary may not make any grant or provide any 
assistance under this title after September 30, [2012] 2014.

           *       *       *       *       *       *       *

                              ----------                              


                     SECTION 7 OF PUBLIC LAW 99-647

SEC. 7. TERMINATION OF COMMISSION.

  The Commission shall terminate on the date that is 6 years 
after [the date of enactment of the John H. Chafee Blackstone 
River Valley National Heritage Corridor Reauthorization Act of 
2006] September 30, 2014.
                              ----------                              


                    SECTION 12 OF PUBLIC LAW 100-692

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Management Action Plan.--
          (1) In general.--To implement the management action 
        plan created by the Commission, there is authorized to 
        be appropriated $1,000,000 for each of fiscal years 
        2000 through [2012] 2014.

           *       *       *       *       *       *       *

  (d) Termination of Assistance.--The authority of the 
Secretary to provide financial assistance under this Act 
terminates on [the date that is 5 years after the date of 
enactment of this subsection] September 30, 2014.

           *       *       *       *       *       *       *

                              ----------                              


                   SECTION 108 OF PUBLIC LAW 106-278

SEC. 108. SUNSET PROVISION.

  The Secretary shall not provide any grant or other assistance 
under this title after September 30, [2012] 2014.

                 CHANGES IN APPLICATION OF EXISTING LAW

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill, which directly or indirectly change the 
application of existing law. In most instances these provisions 
have been included in prior appropriations Acts.
    The bill includes the following changes in application of 
existing law:

                              OVERALL BILL

    Providing that certain appropriations remain available 
until expended or extends the availability of funds beyond the 
fiscal year where programs or projects are continuing but for 
which legislation does not specifically authorize such extended 
availability. This authority tends to result in savings by 
preventing the practice of committing funds on low priority 
projects at the end of the fiscal year to avoid losing the 
funds.
    Limiting, in certain instances, the obligation of funds for 
particular functions or programs. These limitations include 
restrictions on the obligation of funds for administrative 
expenses, travel expenses, the use of consultants, and 
programmatic areas within the overall jurisdiction of a 
particular agency.
    Limiting official entertainment or reception and 
representation expenses for selected agencies in the bill.
    Continuing ongoing activities of those Federal agencies, 
which require annual authorization or additional legislation, 
which has not been enacted.

                  TITLE I--DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                   MANAGEMENT OF LANDS AND RESOURCES

    Providing funds to the Bureau for the management of lands 
and resources.
    Providing funds to the National Fish and Wildlife 
Foundation under certain conditions.
    Permitting the use of fees for processing applications for 
permit to drill.
    Permitting the use of fees for conducting oil and gas 
inspections.
    Permitting the use of mining fee collections for program 
operations.
    Permitting the use of fees from communication site rentals.

                            LAND ACQUISITION

    Requiring that funding for the program is derived from the 
Land and Water Conservation Fund.

                   OREGON AND CALIFORNIA GRANT LANDS

    Providing funds for the Oregon and California Grant Lands.
    Authorizing the transfer of certain collections from the 
Oregon and California Land Grants Fund to the Treasury.

                           RANGE IMPROVEMENTS

    Allowing certain funds to be transferred to the Department 
of the Interior for range improvements.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

    Allowing the use of certain collected funds for certain 
administrative costs and operation of termination of certain 
facilities.
    Allowing the use of funds on any damaged public lands.
    Authorizing the Secretary to use monies from forfeitures, 
compromises or settlements for improvement, protection and 
rehabilitation of public lands under certain conditions.

                       MISCELLANEOUS TRUST FUNDS

    Allowing certain contributed funds to be advanced for 
administrative costs and other activities of the Bureau.

                       ADMINISTRATIVE PROVISIONS

    Permitting the Bureau to enter into agreements with public 
and private entities, including States.
    Permitting the Bureau to manage improvements to which the 
United States has title.
    Permitting the payment of rewards for information on 
violations of law on Bureau lands.
    Providing for cost-sharing arrangements for printing 
services.
    Permitting the Bureau to conduct certain projects for State 
governments on a reimbursable basis.
    Prohibiting the use of funds for the destruction of wild 
horses and burros.

                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

    Limiting funding for certain Endangered Species Act 
programs.

                            LAND ACQUISITION

    Requiring that funding for the program is derived from the 
Land and Water Conservation Fund.
    Prohibiting the use of funds for administrative overhead, 
planning or other management costs.

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

    Requiring that portions of funding for the program are 
derived from the Cooperative Endangered Species Conservation 
Fund and the Land and Water Conservation Fund.

                    STATE AND TRIBAL WILDLIFE GRANTS

    Specifying the State and tribal wildlife grants 
distribution formula, the planning and cost-sharing 
requirements, and limiting administrative costs.

                       ADMINISTRATIVE PROVISIONS

    Providing that programs may be carried out by direct 
expenditure, contracts, grants, cooperative agreements and 
reimbursable agreements with public and private entities.
    Providing for repair of damage to public roads.
    Providing options for the purchase of land not to exceed 
$1.
    Permitting cost-shared arrangements for printing services.
    Permitting the acceptance of donated aircraft.

                         National Park Service


                 OPERATION OF THE NATIONAL PARK SYSTEM

    Designating funds for Everglades restoration.
    Providing for repair, rehabilitation and maintenance of 
National Park Service assets.

                  NATIONAL RECREATION AND PRESERVATION

    Providing for expenses not otherwise provided for.

                         HISTORIC PRESERVATION

    Providing for expenses derived from the Historic 
Preservation Fund.

                              CONSTRUCTION

    Providing funds for construction, improvements, repair or 
replacement of physical facilities including modified water 
deliveries to Everglades National Park with certain 
restrictions.

                    LAND AND WATER CONSERVATION FUND

    Rescinding $30,000,000 in Land and Water Conservation Fund 
contract authority.

                 LAND ACQUISITION AND STATE ASSISTANCE

    Requiring that funding for the program is derived from the 
Land and Water Conservation Fund.

                       ADMINISTRATIVE PROVISIONS

    Allowing certain franchise fees to be available for 
expenditure without further appropriation to extinguish or 
reduce liability for certain possessory interests.
    Providing for the retention of administrative costs under 
certain Land and Water Conservation Fund programs.
    Allows National Park Service funds to be transferred to the 
Federal Lands Highway Administration for purposes authorized 
under 23 U.S.C. 204 for reasonable administrative support 
costs.

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    Providing funds to perform surveys, investigations, and 
research covering topography, geology, hydrology, biology, and 
the mineral and water resources.
    Providing funds to classify lands as to their mineral and 
water resources.
    Funding engineering supervision to power permittees and 
Federal Energy Regulatory Commission licensees.
    Funding the administration of the minerals exploration 
program (30 U.S.C. 641) to conduct inquiries into the economic 
conditions affecting mining and materials processing 
industries.
    Prohibiting the conduct of new surveys on private property 
without permission.
    Requiring cost sharing for cooperative topographic mapping 
and water resource data collection activities.

                       administrative provisions

    Allowing funds to be used for certain contracting, 
technical services, construction, maintenance, acquisition, and 
representation expenses.
    Permitting the use of certain contracts, grants, and 
cooperative agreements.
    Recognizing students and recent graduates as Federal 
employees for the purposes of travel and work injury 
compensation.

                   Bureau of Ocean Energy Management

    Permitting funds for mineral leasing and environmental 
study; enforcing laws and contracts; and for matching grants.
    Provides that funds may be used which shall be derived from 
non-refundable cost recovery fees collected in 2013.
    Permitting the use of certain excess receipts from Outer 
Continental Shelf leasing activities.
    Providing for reasonable expenses related to volunteer 
beach and marine cleanup activities.

             BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

    Permitting funds for mineral leasing and environmental 
study; enforcing laws and contracts; and for matching grants.
    Provides that funds may be used which shall be derived from 
non-refundable cost recovery fees collected in 2013.
    Permitting the use of certain excess receipts from Outer 
Continental Shelf leasing activities.
    Permitting the use of funds derived from non-refundable 
inspection fees collecting in 2013.
    Requiring that not less than 50 percent of inspection fees 
expended be used on personnel, expanding capacity and reviewing 
applications for permit to drill.

                           OIL SPILL RESEARCH

    Providing that funds shall be derived from the Oil Spill 
Liability Trust Fund.

          Office of Surface Mining Reclamation and Enforcement


                       REGULATION AND TECHNOLOGY

    Permitting payment to State and tribal personnel for travel 
and per diem expenses for training.

                    ABANDONED MINE RECLAMATION FUND

    Allowing the use of debt recovery to pay for debt 
collection.
    Allowing that certain funds made available under title IV 
of Public Law 95-87 may be used for any required non-Federal 
share of the cost of certain projects.
    Allowing funds to be used for travel expenses of State and 
tribal personnel while attending certain OSM training.

                        administrative provision

    Permits the Secretary to transfer title for computer 
equipment to States and Tribes hereafter.

        Bureau of Indian Affairs and Bureau of Indian Education


                      Operation of Indian Programs

    Allowing the use of certain funds for official reception 
and representation expenses.
    Limiting funds for welfare assistance payments, except for 
disaster relief.
    Limiting funds for contract support costs.
    Limiting the use of funds for school operations of Bureau-
funded schools and other education programs.
    Permitting the use of tribal priority allocations for 
general assistance payments to individuals, for contract 
support costs, and school operations costs.
    Providing for an Indian self-determination fund.
    Limiting funds for administrative cost grants under certain 
circumstances.
    Allowing the transfer of certain forestry funds.
    Allows the use of funds to purchase uniforms or other 
identifying articles of clothing for personnel if it enhances 
the safety of Bureau field employees.

                              CONSTRUCTION

    Providing for the transfer of Navajo irrigation project 
funds to the Bureau of Reclamation.
    Providing that six percent of Federal Highway Trust Fund 
contract authority may be used for construction management 
costs.
    Providing Safety of Dams funds on a non-reimbursable basis.
    Requiring the use of administrative and cost accounting 
principles for certain school construction projects and 
exempting such projects from certain requirements.
    Requiring conformance with building codes and health and 
safety standards.
    Specifying the procedure for dispute resolution.
    Limiting the control of construction projects when certain 
time frames have not been met.
    Allowing reimbursement of construction costs from the 
Office of Special Trustee.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

    Limiting funds for administrative expenses and for 
subsidizing total loan principal.

                       ADMINISTRATIVE PROVISIONS

    Allowing the use of funds for direct expenditure, 
contracts, cooperative agreements, compacts, and grants.
    Allowing contracting for the San Carlos Irrigation Project.
    Limiting the use of funds for certain contracts, grants and 
cooperative agreements.
    Allowing Tribes to return appropriated funds.
    Prohibiting funding of Alaska schools.
    Limiting the number of schools and the expansion of grade 
levels in individual schools.
    Specifying distribution of indirect and administrative 
costs for certain Tribes.

                          Departmental Offices


             OFFICE OF THE SECRETARY, SALARIES AND EXPENSES

    Allowing the use of certain funds for official reception 
and representation expenses.
    Permitting payments to former Bureau of Mines workers.
    Allowing certain refunds of overpayments in connection with 
certain Indian leases.
    Providing two percent deduction of State royalties to help 
cover Federal administrative costs.
    Designating funds for mineral revenue management 
activities.
    Extending mandatory funding for Payment in Lieu of Taxes.
    Allowing certain payments authorized for the Payments in 
Lieu of Taxes Program to be retained for administrative 
expenses.
    Providing that no Payments in Lieu of Taxes Program payment 
be made to otherwise eligible units of local government if the 
computed amount of the payment is less than $100.
    Providing that a payment made to a unit of general local 
government for fiscal year 2013 may be reduced by the Secretary 
to correct overpayments, and increased by the Secretary to 
correct underpayments, to such unit of local government for the 
previous fiscal year.
    Providing that to the extent that the aggregate increases 
in payment required in the preceding proviso exceed the 
aggregate reductions in payment under such proviso, the amount 
necessary to cover any remaining underpayment shall be taken as 
a prorated reduction to all payments.

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

    Designating funds for various programs and for salaries and 
expenses of the Office of Insular Affairs and providing until 
expended for the former.
    Allowing audits of the financial transactions of the 
Territorial and Insular governments by the GAO.
    Providing grant funding under certain terms of the 
Agreement of the Special Representatives on Future United 
States Financial Assistance for the Northern Mariana Islands.
    Providing for capital infrastructure in various 
Territories.
    Allowing appropriations for disaster assistance to be used 
as non-Federal matching funds for hazard mitigation grants.

                      COMPACT OF FREE ASSOCIATION

    Providing grants to Palau, the Marshall Islands, and 
Micronesia.

               ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS

    Allowing, at the request of the Governor of Guam, for 
certain discretionary and mandatory funds to be used to assist 
securing certain rural electrification loans through the U.S. 
Department of Agriculture.
    Allowing the Secretary to redistribute capital improvement 
funds in the territories based on expenditure rates.

             Office of Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

    Limiting the amount of funding available for the historical 
accounting of Indian trust fund accounts.
    Allowing transfers to other Department of the Interior 
accounts.
    Providing no-year funding for certain Indian Self 
Determination Act grants.
    Specifying that the statute of limitations shall not 
commence on any claim resulting from trust funds losses.
    Exempting quarterly statements for Indian trust accounts 
$15 or less.
    Requiring annual statements and records maintenance for 
Indian trust accounts.
    Limiting use of funds to correct administrative errors in 
Indian trust accounts.
    Permitting the use of recoveries from erroneous payments 
pursuant to Indian trust accounts.

                        DEPARTMENT-WIDE PROGRAMS


                        Wildland Fire Management

    Providing funds for wildland fire management.
    Limiting funds for renovation or construction of fire 
facilities.
    Permitting the repayments of funds transferred from other 
accounts for firefighting.
    Permitting the use of funds for lodging and subsistence of 
firefighters.
    Permitting the use of grants, contracts and cooperative 
agreements for hazardous fuels reduction, including cost-
sharing and local assistance.
    Permitting cost-sharing of cooperative agreements with non-
Federal entities under certain circumstances.
    Permitting reimbursement to the U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service for 
consultation activities under the Endangered Species Act.
    Providing certain terms for leases of real property with 
local governments.
    Providing for the transfer of funds between the Department 
of the Interior and the Department of Agriculture for wildland 
fire management.
    Providing funds for support of Federal emergency response 
actions.

                FLAME Wildfire Suppression Reserve Fund

    Providing funds for the FLAME fund.

                    Central Hazardous Materials Fund

    Providing funds for response action, including associated 
activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act.

                Natural Resource Damage Assessment Fund

    Providing funds for activities to carry out the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, the Federal Water Pollution Control Act, the Oil 
Pollution Act of 1990, and Public Law 101-337.

                          Working Capital Fund

    Allowing funds for the financial and business management 
system and information technology improvement.
    Prohibiting use of funds to establish reserves in the 
working capital fund with exceptions.
    Allowing assessments for reasonable charges for training 
services at the National Indian Program Center and use of these 
funds hereafter under certain conditions.
    Providing 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 provisions

    Allowing acquisition of certain aircraft.
    Allowing the sale of existing aircraft with proceeds used 
to offset the purchase price of replacement aircraft.
    Allowing for the transfer of certain aircraft and providing 
that such aircraft shall revert back to the Department of the 
Interior in the future is such aircraft is no longer needed.

             General Provisions, Department of the Interior

    Allowing transfer of funds for certain reconstruction of 
facilities, aircraft or utilities in emergency situations.
    Allowing transfer of funds in certain emergency situations, 
including wildfires and oil spill response, if other funds 
provided in other accounts will be exhausted within 30 days and 
a supplemental appropriation is requested as promptly as 
possible.
    Permitting the Department to use limited funding for 
certain services.
    Permitting the transfer of funds between the Bureau of 
Indian Affairs and the Office of Special Trustee for American 
Indians and limiting amounts for historical accounting 
activities.
    Allowing payment of attorney fees for Federal employees 
related to the Cobell v. Salazar litigation.
    Providing the authority for the Secretary to collect 
nonrefundable inspection fees.
    Providing the authority for the Secretary to implement an 
oil and gas leasing Internet program.
    Permitting the reorganization of the Bureau of Ocean Energy 
Management, Enforcement and Regulation.
    Authorizing the use of Indian education funds to benefit 
schools re-assumed by the Bureau of Indian Education.
    Permitting the Secretary of the Interior to enter into 
long-term agreements for wild horse and burro holding 
facilities.
    Requiring the U.S. Fish and Wildlife Service to mark 
hatchery salmon.
    Requiring the exhaustion of administrative review before 
litigants may file in Federal court.
    Providing an exemption for trailing livestock in fiscal 
years 2013 and 2014.
    Prohibiting the use of funds to implement, administer or 
enforce Secretarial Order 3310.
    Making corrections on claim maintenance fee amendments.
    Extending the deadline for the Indian Law and Order 
Commission to report to Congress.
    Requiring the Secretary of the Interior to issue a final 
rule pursuant to the Endangered Species Act.
    Extending National Heritage Area authorities.
    Providing the BLM and BIA with certain hiring authorities.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY


                         Science and Technology

    Providing for operating expenses in support of research and 
development.
    Designating funding for National Priorities research as 
specified in the explanatory statement to this Act.

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

    Allowing hire and maintenance of passenger motor vehicles 
and operation of aircraft and purchase of reprints and 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.
    Limiting amounts for official representation and reception 
expenses.
    Providing two-year funding availability for administrative 
costs of Brownfields program.
    Designating funding for specific Geographic Programs as 
specified in the explanatory statement to this Act.
    Designating funding for National Priorities as specified in 
the explanatory statement to this Act.

                     HAZARDOUS SUBSTANCE SUPERFUND

    Allowing distribution of funds to purchase services from 
other agencies under certain circumstances.
    Providing for the transfer of funds within certain agency 
accounts.

                LEAKING UNDERGROUND STORAGE TANK PROGRAM

    Providing for grants to Federally-recognized Indian Tribes.

                   STATE AND TRIBAL ASSISTANCE GRANTS

    Limiting funding amounts for certain programs.
    Specifies funding for capitalization grants for the Clean 
Water and Drinking Water State Revolving Funds and allows 
certain amounts for additional subsidies.
    Designating funds for specific sections of law.
    Limits the amount of funds for section 104(k) for certain 
activities.
    Providing certain grants under authority of section 103, 
Clean Air Act.
    Providing funding for environmental information exchange 
network initiatives grants, statistical surveys of water 
resources and enhancements to State monitoring programs, tribal 
grants, and underground storage tank projects.
    Providing waivers for certain uses of Clean Water and 
Drinking Water State Revolving Funds for State administrative 
costs for grants to Federally-recognized Indian Tribes and 
grants to specific Territories and Freely Associated States.
    Requiring that not less than 20 percent but not more that 
30 percent of Clean Water and Drinking Water funds shall be 
used by States for forgiveness of principal or negative 
interest loans.
    Prohibiting the use of funds for jurisdictions that permit 
development or construction of additional colonia areas.

                       ADMINISTRATIVE PROVISIONS

    Allowing awards of grants to Federally-recognized Indian 
Tribes.
    Authorizing the collection and obligation of pesticide 
registration service fees.
    Allowing the transfer of funds from the ``Environmental 
Programs and Management'' account to support the Great Lakes 
Restoration Initiative and provides for certain interagency 
agreements and grants to various entities in support of this 
effort.
    Providing amounts for construction, alteration, repair, 
rehabilitation, and renovation of facilities.
    Authorizing additional persons that may be hired under 
certain authorities.

                      TITLE III--RELATED AGENCIES


                             Forest Service


                     FOREST AND RANGELAND RESEARCH

    Providing funds for forest and rangeland research.
    Designating funds for the forest inventory and analysis 
program.

                       STATE AND PRIVATE FORESTRY

    Providing for forest health management, including 
treatments of certain pests or invasive plants, and for 
restoring damaged forests, and for cooperative forestry, 
education and land conservation activities, and conducting an 
international program.
    Deriving forest legacy funding from the Land and Water 
Conservation Fund.

                         NATIONAL FOREST SYSTEM

    Providing funds for the National Forest System.
    Designating funds for forest products.
    Depositing funds in the Collaborative Forest Landscape 
Restoration Fund.
    Designating funds in the Integrated Resource Restoration 
pilot program.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

    Providing funds for construction, reconstruction, and 
maintenance and acquisition of buildings and other facilities 
and infrastructure; and for construction, capital improvement, 
decommissioning, and maintenance of forest roads and trails.
    Designating funds for the Legacy Road and Trail Remediation 
program.
    Requiring that funds becoming available in fiscal year 2012 
for the road and trails fund (16 U.S.C. 501) shall be 
transferred to the Treasury.
    Transferring funds to the Integrated Resource Restoration 
pilot program.

                            LAND ACQUISITION

    Deriving funding from the Land and Water Conservation Fund.

                         RANGE BETTERMENT FUND

    Providing that six percent of range betterment funds may be 
used for administrative expenses.

                        Wildland Fire Management

    Permitting the use of funds for emergency rehabilitation 
and restoration and hazardous fuels reduction to support 
emergency response and wildfire suppression.
    Allowing the use of wildland fire funds to repay advances 
from other accounts.
    Allowing reimbursement of States for certain wildfire 
emergency activities.
    Designating funds for the Joint Fire Sciences Program and 
extending research authorities to the program.
    Allowing funds to be available for emergency 
rehabilitation, hazardous fuels reduction and emergency 
response.
    Designating funds for hazardous fuels reduction and 
national fire plan research.
    Designating funds for State fire assistance, volunteer fire 
assistance and forest health on Federal and State and private 
lands.
    Allowing the transfer of funds to other Forest Service 
accounts.
    Providing for cost-shared cooperative agreements.
    Providing for the transfer of funds for training and 
monitoring associated with hazardous fuels reduction as 
prescribed in a community wildfire protection plan.
    Allowing funds available for Community Forest Restoration 
Act to be used on non-federal land.
    Limiting the transfer of wildland fire management funds 
between the Department of the Interior and the Department of 
Agriculture.
    Providing for the use of hazardous fuels reduction funds 
for biomass grants.
    Limiting the assessment for cost pools from the FLAME 
Wildfire Suppression Reserve Fund.
    Permitting the transfer of funds for the Integrated 
Resources Restoration pilot.

                FLAME Wildfire Suppression Reserve Fund

    Providing fund for the FLAME fund.

                       ADMINISTRATIVE PROVISIONS

    Permitting the purchase of passenger motor vehicles and 
proceeds from the sale of aircraft may be used to purchase 
replacement aircraft.
    Allowing funds for certain employment contracts.
    Allowing funds to be used for purchase and alteration of 
buildings.
    Allowing for acquisition of certain lands and interests.
    Allowing expenses for certain volunteer activities.
    Providing for the cost of uniforms.
    Providing for debt collections on certain contracts.
    Allowing transfer of funds in certain emergency situations 
if all other funds provided for wildfire suppression will be 
obligated within 30 days and the Secretary notifies the 
Committees.
    Allowing funds to be used through the Agency for 
International Development for work in foreign countries and to 
support other forestry activities outside of the United States.
    Allowing the Forest Service, acting for the International 
Program, to sign certain funding agreements with foreign 
governments and institutions as well as with certain domestic 
agencies.
    Prohibiting the transfer of funds under the Department of 
Agriculture transfer authority under certain conditions and 
preventing reprogramming without advance approval of the 
Appropriations Committees.
    Limiting funds available for cost pools.
    Limiting the transfer of funds for the Working Capital Fund 
and Department Reimbursable Program (also known as Greenbook 
charges).
    Limiting funds to support the Youth Conservation Corps and 
Public Lands Corps.
    Limiting the use of funds for official reception and 
representation expenses.
    Providing for matching funds for the National Forest 
Foundation.
    Providing for matching funds for the National Fish and 
Wildlife Foundation.
    Allowing funds to be used for technical assistance for 
certain rural communities.
    Allowing funds for payments to counties in the Columbia 
River Gorge National Scenic Area.
    Allowing funds to be used for the Older American Act.
    Permitting funding assessments for facilities maintenance, 
rent, utilities, and other support services.
    Limiting funds to reimburse the Office of General Counsel 
at the Department of Agriculture.
    Permitting eligible employees to be considered a Federal 
Employee.
    Requiring the Forest Service to request expedited 
environmental review for rehabilitation from large wildfires.

                         Indian Health Service


                         INDIAN HEALTH SERVICES

    Providing that tribal contract and grant funding is deemed 
obligated at the time of grant or contract award and remains 
available until expended.
    Providing no-year funds for contract medical care including 
the Indian Catastrophic Health Emergency Fund.
    Providing for certain funding to be allocated at the 
discretion of the Director.
    Providing for loan repayment under sections 104 and 108 of 
the Indian Health Care Improvement Act with certain conditions 
and making the funds available for certain other purposes.
    Providing funding and allocation direction for the 
methamphetamine, domestic violence, and substance abuse 
programs.
    Providing that certain contracts and grants may be 
performed in two fiscal years.
    Providing for use of collections and reporting of 
collections under Title IV of the Indian Health Care 
Improvement Act.
    Providing no-year funding for scholarship funds.
    Exempting certain tribal funding from fiscal year 
constraints.
    Limiting contract support cost spending.
    Providing for the collection of individually identifiable 
health information relating to the Americans with Disabilities 
Act by the Bureau of Indian Affairs.
    Permitting the use of Indian Health Care Improvement Fund 
monies for facilities improvement and providing no-year funding 
availability.

                        Indian Health Facilities

    Providing that facilities funds may be used to purchase 
land, modular buildings and trailers.
    Providing for TRANSAM equipment to be purchased from the 
Department of Defense.
    Prohibiting the use of funds for sanitation facilities for 
new homes funded by the Department of Housing and Urban 
Development.
    Allowing for the purchase of ambulances.
    Providing for a demolition fund.

                       ADMINISTRATIVE PROVISIONS

    Providing for per diem expenses for senior level positions.
    Providing for payments for telephone service in private 
residences in the field, purchase of motor vehicles, aircraft 
and reprints.
    Providing for purchase and erection of modular buildings.
    Providing funds for uniforms.
    Allowing funding to be used for attendance at professional 
meetings.
    Providing that health care may be extended to non-Indians 
at Indian Health Service facilities, subject to charges, and 
for the expenditure of collected funds.
    Providing for transfers of funds from the Department of 
Housing and Urban Development to the Indian Health Service.
    Prohibiting limitations on certain Federal travel and 
transportation expenses.
    Limiting the use of funds for assessments or charges by the 
Department of Health and Human Services except under certain 
conditions.
    Allowing de-obligation and re-obligation of funds applied 
to self-governance funding agreements.
    Prohibiting the expenditure of funds to implement new 
eligibility regulations.
    Permitting certain reimbursements for goods and services 
provided to Tribes.
    Providing that reimbursements for training, technical 
assistance, or services include total costs.
    Prohibiting changing the appropriations structure without 
approval of the Appropriations Committees.

            Agency for Toxic Substances and Disease Registry


            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

    Providing for the conduct of health studies, testing, and 
monitoring.
    Designating funds for Individual Learning Accounts and 
providing no-year funding.
    Providing deadlines for health assessments and studies.
    Limiting use of funds for administrative costs.
    Limiting the number of toxicological profiles.

                   Executive Office of the President


  Council on Environmental Quality and Office of Environmental Quality

    Limiting the use of funds for official reception and 
representation expenses.
    Designating the appointment and duties of the chairman.

             Chemical Safety and Hazard Investigation Board

    Permitting use of funds for hire of passenger vehicles, 
uniforms or allowances, and limiting the use of funds for per 
diem expenses and the number of senior level positions.
    Providing for the appointment of the EPA, Inspector General 
to serve as Inspector General for the Board.

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

    Defining eligible relocatees.
    Prohibiting movement of any single Navajo or Navajo family 
unless a new or replacement home is available.
    Limiting re-locatees to one new or replacement home.
    Establishing a priority for relocation of Navajos to those 
certified eligible who have selected and received homesites on 
the Navajo reservation or selected a replacement residence off 
the Navajo reservation.

                        Smithsonian Institution


                         SALARIES AND EXPENSES

    Limiting certain lease terms.
    Providing for purchase of passenger vehicles and certain 
rental, repair and cleaning of uniforms.
    Designating funds for certain programs including the 
National Museum of African American History and Culture and 
providing no-year funds.
    Providing that funds may be used to support American 
overseas research centers.
    Allowing for advance payments to independent contractors 
performing research services or participating in official 
Smithsonian presentations.

                           Facilities Capital

    Designating funds for maintenance, repair, rehabilitation, 
and construction and for consultant services.
    Providing funding to continue construction of the National 
Museum of African American History and Culture.

                        National Gallery of Art


                         SALARIES AND EXPENSES

    Allowing payment in advance for membership in library, 
museum, and art associations or societies.
    Allowing for purchase, repair, and cleaning of uniforms for 
guards and employees and allowances therefor.
    Allowing purchase or rental of devices for protecting 
buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds.
    Providing for restoration and repair of works of art by 
contract under certain circumstances.
    Providing no-year funds for special exhibitions.

            Repair, Restoration, and Renovation of Buildings

    Providing lease agreements of no more than 10 years 
addressing space needs created by renovations under the Master 
Facilities Plan.
    Permitting the Gallery to perform work by contract under 
certain circumstances.

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

    Providing funds to the John F. Kennedy Center for the 
Performing Arts Kennedy Center for operational and maintenance 
costs.

                     capital repair and restoration

    Providing funds to the John F. Kennedy Center for the 
Performing Arts Kennedy Center for facility repair.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

    Providing funds to the Woodrow Wilson Center for Scholars.

                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

    Provides funds for the support of projects and productions 
in the arts, including arts education and public outreach 
activities.

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

    Specifies funds to carry out the matching grants program.
    Allowing obligation of National Endowment for the 
Humanities current and prior year funds from gifts, bequests, 
and devises of money for which equal amounts have not 
previously been appropriated.

  ADMINISTRATIVE PROVISIONS, NATIONAL FOUNDATION ON THE ARTS AND THE 
                               HUMANITIES

    Prohibiting the use of funds for grants and contracts which 
do not include the text of 18 U.S.C. 1913.
    Prohibiting the use of appropriated funds and permitting 
the use of non-appropriated funds for reception expenses.
    Allowing the chairperson of the National Endowment for the 
Arts to approve small grants under certain circumstances.

                        Commission of Fine Arts


                         SALARIES AND EXPENSES

    Permitting the charging and use of fees for its 
publications and accepting gifts related to the history of the 
Nation's Capital.

               National Capital Arts and Cultural Affairs

    Providing funding for the National Capital Arts and 
Cultural Affairs.

                  National Capital Planning Commission

    Providing funding for the National Capital Planning 
Commission.
    Providing that one-quarter of one percent may be used for 
official reception and representational expenses.

                United States Holocaust Memorial Museum

    Designating funds for equipment replacement and for repair, 
rehabilitation and for exhibition design and production and 
providing no year availability for these funds.

                      TITLE IV--GENERAL PROVISIONS

    Providing for public availability of information on 
consulting services contracts.
    Prohibiting the use of funds to promote or oppose 
legislative proposals on which Congressional action is 
incomplete.
    Providing for annual appropriations unless expressly 
provided otherwise in this Act.
    Requiring assessments against programs in this bill to be 
presented to the Committee for approval.
    Limiting funds for sale of giant sequoia trees in a manner 
different from the past.
    Continuing a limitation on accepting and processing 
applications for patents and on the patenting of Federal lands; 
permitting processing of grandfathered applications; and 
permitting third-party contractors to process grandfathered 
applications.
    Limiting the use of funds for contract support costs on 
Indian contracts.
    Limiting funds for completing or issuing the five-year 
program under the Forest and Rangeland Renewable Resources 
Planning Act.
    Limiting leasing and preleasing activities within National 
Monuments.
    Limiting takings for acquisition of lands except under 
certain conditions.
    Modifying a provision addressing timber sales involving 
Alaskan Red Cedar.
    Modifying a provision continuing certain authorities to 
renew grazing permits or leases administered by the Forest 
Service or Department of the Interior.
    Prohibiting funds to enter into certain no-bid contracts 
except under certain conditions.
    Requiring reports to Congress to be posted on public agency 
websites.
    Continuing a provision that delineates grant guidelines for 
the National Endowment for the Arts.
    Continuing a provision that delineates program priorities 
for the programs managed by the National Endowment for the 
Arts.
    Providing guidance on matching grant awards and waive-of-
match provisions to States.
    Requiring that the Department of the Interior, the EPA, the 
Forest Service, and the Indian Health Service provide the 
Committees on Appropriations a quarterly report on the status 
of balances of appropriations.
    Requiring a government-wide report regarding expenditures 
on climate change.
    Continuing a provision prohibiting the use of funds to 
promulgate or implement any regulation requiring the issuance 
of permits under title V of the Clean Air Act for carbon 
dioxide, nitrous oxide, water vapor, or methane emissions.
    Continuing a provision prohibiting the use of funds to 
implement any provision in a rule if that provision requires 
mandatory reporting of greenhouse gas emissions from manure 
management systems.
    Clarifying Silvicultural Operations under the Federal Water 
Pollution Control Act.
    Directing the Secretary of the Interior to reissue a final 
rule that shall not be subject to judicial review.
    Prohibiting the government from entering into contracts or 
agreements with any corporation that was convicted of a felony 
criminal violation under any Federal law within the preceding 
24 months.
    Prohibiting funds for contracts or agreements with entities 
with unpaid Federal tax liabilities that have not entered into 
payment agreements to remedy the liability.
    Extending the Herger-Feinstein Quincy Library Group 
Forestry Recovery Act.
    Extending the Good Neighbor Cooperative Conservation 
Authority to 16 western states.
    Requiring the Forest Service to identify land for fire 
stations within National Recreation Areas.
    Extending Forest Service cost recovery for special uses for 
five years.
    Allowing interpretive associations to partner with the 
Forest Service.
    Extending the authorized term for grazing permits and 
leases.
    Clarifying that the Forest Service may use designation by 
description and prescription.
    Prohibiting implementation of travel management rules in 
Region 5 of the Forest Service.
    Prohibiting the use of funds to develop, adopt, implement, 
administer, or enforce a change or supplement to a rule or 
guidance documents pertaining to the definition of waters under 
the Federal Water Pollution Control Act.
    Prohibiting the use of funds to develop, carry out, 
implement, or enforce proposed regulations published on June 
18, 2010.
    Prohibiting the use of funds to expand the stormwater 
discharge program under section 402(p) of the Federal Water 
Pollution Control Act until certain criteria are met.
    Clarifying the current Appeals Reform Act requirements for 
Forest Service Activities.
    Prohibiting the use of funds to limit recreational shooting 
and hunting on Federal and public lands except for public 
safety.
    Prohibiting the use of funds to implement the National 
Ocean Policy under Executive Order 13547 and requiring a report 
identifying Federal expenditures for the development, 
administration, and implementation of such Policy.
    Establishing a pilot program for vessels to demonstrate 
alternative methods to comply with emissions control area 
standards.
    Precluding the need for a municipal separate storm sewer 
system permit under certain conditions.
    Applying Buy American requirements to the Clean Water and 
Drinking Water State Revolving Funds.
    Prohibiting EPA from using funds to implement, administer, 
or enforce the lead renovation rule until EPA has approved a 
commercially available lead test kit.
    Prohibiting EPA from using funds to prepare, propose, 
promulgate, finalize, implement, or enforce regulations for 
greenhouse gas emissions from new motor vehicles or motor 
engines after model year 2016, and granting a waiver to a State 
or political subdivision thereof to adopt or enforce standards 
for greenhouse gas emissions from new motor vehicles or motor 
engines after model year 2016.
    Prohibiting EPA from using funds to finalize proposed 
guidance on false or misleading pesticide labels.
    Prohibiting EPA from using funds to implement, administer, 
or enforce NESHAP regulations for asbestos with respect to 
residential buildings with four or fewer dwelling units unless 
such buildings meet certain criteria.
    Prohibiting EPA from using funds to develop, propose, 
finalize, implement, enforce, or administer any regulation that 
would establish new financial responsibility requirements under 
CERCLA.
    Prohibiting the use of funds to develop, issue, implement, 
or enforce any greenhouse gas New Source Performance Standards 
on any new or existing source that is an electric utility 
generating unit.
    Directing EPA to begin development of a seventh addition of 
a cost manual
    Directing EPA to solicit comments on revising an air 
quality model.
    Establishing a Spending Reduction Account as required by 
Section 3(j) of H. Res. 5.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of 
the House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:

                                             [Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                  Appropriations
                                                     Last year of  Authorization   in last year   Appropriations
                                                    authorization      level            of         in this bill
                                                                                   authorization
----------------------------------------------------------------------------------------------------------------
Bureau of Land Management:
    All discretionary programs....................          2002    Such sums...      1,681,437       1,076,678
U.S. Fish and Wildlife Service:
    Endangered Species Act (16 U.S.C. 1531 et               1992          41,500         42,373         132,017
     seq.)........................................
    Partners for Fish and Wildlife Act (16 U.S.C.           2011          75,000         60,134          41,156
     3771 et seq.)................................
    National Wildlife Refuge Volunteer Act (16              2009           2,000          2,000           1,705
     U.S.C. 742f note)............................
    Coastal Barrier Resources Act (16 U.S.C. 3501           2010           2,000          2,000             N/A
     et seq.).....................................
    Junior Duck Stamp Conservation and Design               2010             350            250             250
     Program Act..................................
    Nonindigenous Aquatic Nuisance Species                  2002           6,000          6,000             N/A
     Prevention and Control Act (16 U.S.C. 4701 et
     seq.)........................................
    Marine Mammal Protection Act (16 U.S.C. 1361            1999          14,768          2,008           4,972
     et seq.).....................................
    National Fish and Wildlife Foundation                   2010          25,000          7,537           7,525
     Establishment Act (16 U.S.C. 3701 et seq.)...
    North American Wetlands Conservation Act (16            2012          75,000         35,497          22,333
     U.S.C. 4401 et seq.).........................
    Neotropical Migratory Bird Conservation Act             2010           6,500          5,000           1,893
     (16 U.S.C. 6101 et seq.).....................
    African Elephant Conservation Act (16 U.S.C.            2012           5,000          1,645             823
     4201 et seq.)................................
    Rhinoceros and Tiger Conservation Act (16               2012          10,000          2,471           1,236
     U.S.C. 5301 et seq.).........................
    Asian Elephant Conservation Act (16 U.S.C.              2012           5,000          1,645             823
     4201 et seq.)................................
    Great Ape Conservation Act (16 U.S.C. 6301 et           2010           5,000          2,500           1,030
     seq.)........................................
    Marine Turtle Conservation Act (16 U.S.C.               2009           5,000          2,000             823
     6601)........................................
U.S. Geological Survey
    National Earthquake Hazards Reduction Program           2009          88,900         88,900          44,125
     Reauthorization Act (42 U.S.C. 7701 et seq.).
    Water Resources Research Act (42 U.S.C. 10301           2011          80,000          6,490           6,490
     et seq.).....................................
    Energy Independence and Security Act (Carbon            2012          30,000          8,986           7,186
     Sequestration Program) (42 U.S.C. 17271).....
    Energy Independence and Security Act                    2012          75,000          1,495           1,495
     (Geothermal Energy Resources Program) (42
     U.S.C. 17271)................................
Bureau of Indian Affairs
    The No Child Left Behind Act (20 U.S.C. 7401            2007    Such sums...        549,293         671,662
     et seq.).....................................
Environmental Protection Agency:
    Hazardous Substance Superfund.................          1994       5,100,000      1,480,853       1,164,917
    Clean Air Act.................................          1997    Such sums...        450,000         583,979
    Clean Water Act...............................          1990         135,000  ..............        336,677
    National Estuary Program......................          2010          35,000         33,000          27,014
    Great Lakes...................................          2008          79,000         60,000         250,000
    Lake Champlain Basin..........................          2008          11,000          3,000           1,399
    Long Island Sound Restoration.................          2010          40,000          7,000           2,962
    Lake Pontchartrain............................          2011          20,000          1,000             955
    Chesapeake Bay Restoration....................          2005          40,000         23,000          50,000
    FIFRA.........................................          1991          95,000        112,000         110,348
    Toxic Substances Control Act..................          1983          62,000         69,000          97,678
    Resource Conservation Act--General                      1988          80,000         75,000         112,469
     Authorization................................
    Environmental Education.......................          1996           9,000          9,000               0
    State and Tribal Assistance Grants:
        Alaska Native Villages....................          2000          15,000  Not available               0
        BEACH Act.................................          2005          30,000          9,920               0
        Brownfields Projects......................          2006         200,000         89,000          60,000
        Clean Water SRF...........................          1992       1,800,000      2,400,000         689,000
        CERCLA/Brownfields Cat Grant..............          2006          50,000         49,000          47,752
        Drinking Water SRF........................          2003       1,000,000        963,000         829,000
        Grants for State Public Water.............          2003         100,000         93,000         105,320
        Lead Containment Control Act of 1988......          1992    Such sums...  Not available          14,572
        Non-Point Source Management Program.......          1991         130,000         51,000         150,505
        Pollution Prevention Act..................          1993           8,000          6,800           4,922
        Radon Abatement Act.......................          1991          10,000          9,000           8,045
        State Hazardous Waste Program Grants......          1988          60,000         67,000         102,974
        Toxic Substances Control Act..............          1983           1,500          5,100           5,081
        Underground Injection Control Grants......          2003          15,000         11,000          10,852
USDA Forest Service, National Forest Foundation...          1997    Such sums...          2,000           3,000
National Endowment for the Arts...................          1993    Such sums...        174,460         132,000
National Endowment for the Humanities.............          1993    Such sums...        177,403         132,000
----------------------------------------------------------------------------------------------------------------

                   COMPARISON WITH BUDGET RESOLUTION

    Section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, requires that the report accompanying a bill providing 
new budget authority contain a statement detailing how the 
authority compares with the reports submitted under section 302 
of the Act for the most recently agreed to concurrent 
resolution on the budget for the fiscal year. This information 
follows:

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount of    Committee    Amount of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees: Subcommittee on Interior, Environment
 and Related Agencies
    General purpose discretionary...........................       28,000       27,602       31,058    \1\30,641
    Mandatory...............................................           58           58           58           58
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.

                      FIVE-YEAR OUTLAY PROJECTIONS

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the following table contains five-year projections 
associated with the budget authority provided in the 
accompanying bill:

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount of    Committee    Amount of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
    2013....................................................  ...........  ...........  ...........    \2\18,479
    2014....................................................  ...........  ...........  ...........        5,557
    2015....................................................  ...........  ...........  ...........        2,143
    2016....................................................  ...........  ...........  ...........          938
    2017 and future years...................................  ...........  ...........  ...........          435
----------------------------------------------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.

               ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the financial assistance to State and local 
governments is as follows:

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount of    Committee    Amount of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Financial assistance to State and local governments for 2013         n.a.        4,977         n.a.     \2\2,242
----------------------------------------------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
n.a.: Not applicable.

                        CONSTITUTIONAL AUTHORITY

    Pursuant to section 6(e) of the rules of the Committee on 
Appropriations, the following statement is submitted regarding 
the specific powers granted to Congress in the Constitution to 
enact the accompanying bill:
    The principal constitutional authority for this legislation 
is clause 7 of section 9 of article I of the Constitution of 
the United States which States ``No money shall be drawn from 
the Treasury, but in Consequence of Appropriations made by Law. 
. . .'' Appropriations contained in this Act are made pursuant 
to this specific power granted by the Constitution.

               DETAILED TABLE OF FUNDING RECOMMENDATIONS

    The following table provides the amounts recommended by the 
Committee compared with the budget estimates by activity and 
sub-activity. The reprogramming guidelines apply to levels 
outlined below.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


                             MINORITY VIEWS

    With its significant funding cuts and numerous special 
interest riders and funding limitations, the FY 2013 Interior, 
Environment, and Related Agencies Appropriations bill falls far 
short of what is needed to advance the preservation of 
America's great natural and cultural heritage or to protect the 
environment and public health. Consequently, we cannot support 
the bill in its current form.
    We are extremely disappointed that House Republicans walked 
away from the bipartisan agreement to establish $1.047 trillion 
as the Committee's allocation. This action has introduced 
uncertainty about the discretionary allocation for fiscal year 
2013 and about whether the majority will again threaten to shut 
down government. This uncertainty will inevitably slow down the 
appropriations process. If their austere House allocation were 
allowed to stand, it would stall economic growth and impede job 
creation.
    We are already seeing the impact of the majority's 
decision. As a result of the blind adherence to their House 
budget resolution, Republicans have saddled the Interior, 
Environment, and Related Agencies Subcommittee with an 
unacceptable and unrealistic 302(b) allocation. The $28 billion 
allocated to the subcommittee is $1.2 billion below FY 2012 
appropriations and $1.7 billion below the President's request. 
This has resulted in a large number of deep and unsustainable 
cuts to a whole host of important programs funded under the 
bill.
    We appreciate that even as he labored under the severely 
constrained committee allocation, Chairman Simpson carried out 
his duties in an open and collaborative manner. Our working 
relationship with him has been excellent. The chairman is to be 
commended for his diligence in chairing 16 budget hearings this 
past spring and receiving testimony from nearly 140 witnesses.
    As much as we appreciate the process, we can't support the 
product. When it comes to funding, there is little good news in 
this bill. The list of cuts is long and deep.
    The U.S. Fish and Wildlife Service would be cut by $316 
million below current appropriations; an incredible 21 percent 
cut in their budget. A broad range of programs would see 
sizeable cuts, including a $48 million cut to the National 
Wildlife Refuge System, a $42 million cut to endangered 
species, and a $19.5 million cut to migratory birds, law 
enforcement, and international conservation.
    In committee, we attempted to restore the $48 million cut 
to the National Wildlife Refuge System, using as an offset 
increased oil and gas public health and safety inspection fees, 
which had been requested, this year and last, by the 
Administration and which Congress approved last year but only 
for offshore oil and gas operations. Unfortunately, the 
Republican majority again chose to side with the oil and gas 
companies and continue to require taxpayers to foot the bill 
for inspections of onshore oil and gas operations.
    The U.S. Geological Survey, one of our nation's premier 
science agencies, would be cut by $101 million below current 
appropriations. These cuts would negatively impact a range of 
science programs, including fisheries, wildlife and terrestrial 
(-$28.7 million) and natural hazards (-$27.1 million).
    The Land and Water Conservation Fund (LWCF) program would 
be funded at just $66 million, a cut of $279 million or 80 
percent below current appropriations and the lowest level since 
the fund's creation. The reduction to the LWCF is part of an 
unfortunate pattern of cuts to conservation and recreation 
programs. The bill would also cut funding for the National 
Landscape Conservation System by one-third; with recreation, 
heritage and wilderness in the Forest Service being cut by $21 
million.
    The National Endowment for the Arts (NEA) and the National 
Endowment for the Humanities (NEH) would each be cut by $14 
million below FY 2012. The $132 million proposed to be provided 
to each would be below the FY 2008 funding level. This lack of 
funding is shortsighted since the programs of the NEA and NEH 
not only advance the quality of life in our communities but 
also provide an important economic boost to numerous towns and 
cities across America.
    These cuts, as significant as they are, pale in comparison 
to the proposed cuts to the Environmental Protection Agency 
(EPA). The majority proposes to cut the agency by $1.4 billion 
or 17 percent below current levels. While there are some 
Republicans who claim these cuts as a badge of honor, the 
impact of such cuts would put at risk the very health and 
safety of Americans.
    EPA's science and technology programs would be cut by $55 
million; geographic programs by $63 million; water quality and 
health programs by $29 million; and Hazardous Substances 
Superffind by $49 million.
    The Safe Drinking Water and Clean Drinking Water Revolving 
Funds would cut by $866 million. These are important programs 
that protect our drinking water; prevent the spread of 
waterborne diseases and create thousands of jobs in our 
communities in a sector with high unemployment.
    On a bipartisan basis, the bill protects the social, 
health, and education programs of Native Americans. We also 
appreciate the majority's efforts to provide the necessary 
funds to meet our Wildland firefighting needs. We only wish 
that needed resources could have been extended to the many 
other worthy and important programs funded by the bill, 
including climate change programs that address the actions that 
have intensified the severity of the forest fires burning in 
the western United States.
    As bad as the funding is in this bill, we are equally 
concerned about and strongly oppose the numerous special 
interest riders and funding limitations included in the 
legislation. The breadth and scope of these provisions are wide 
ranging and if allowed to stand, they would do serious harm to 
our environment.
    Wolf delisting, suspension of Clean Air and Clean Water Act 
enforcement, and the blocking of the National Oceans policy are 
just a few of these problematic provisions. While we will give 
some credit to the majority for not including as many riders 
and limitations in this year's bill as they did in their FY 
2012 proposal, there are still far too many controversial and 
divisive provisions.
    Nearly a dozen of these provisions are new this year, and 
five of them make permanent changes in law. As an example, 
there are three grazing provisions alone on this list. Each of 
them constitutes permanent law, including permanent changes to 
administrative appeal procedures; permanent extension of 
grazing permits without the required National Environmental 
Policy Act (NEPA) review; and a permanent change in the term of 
a grazing permit from 10 to 20 years.
    Also tucked into the legislation is a provision for the 
benefit of the hardrock mining industry. The committee approved 
language that would prevent the EPA from even proposing a rule 
to require hardrock mine owners' to provide financial 
assurance. Unless hardrock mine operators provide such 
financial assurance, taxpayers will likely be left to pay the 
bill in cases where a mine operator releases hazardous waste, 
abandons the mine site, or files for bankruptcy.
    The Government Accountability Office (GAO) in 2011 
testimony, noted that between fiscal years 1998 and 2007, the 
Bureau of Land Management, the Forest Service, EPA, and the 
Office of Surface Mining spent at least $2.6 billion (in 2008 
constant dollars) to reclaim abandoned hardrock mines. Of the 
four agencies, EPA has spent the most, about $2.2 billion (in 
constant 2008 dollars) for mine clean ups. We strongly oppose 
this provision which will help shield private, foreign-
controlled mining companies from their financial 
responsibilities and leave taxpayers vulnerable for the cost of 
mine clean ups.
    Efforts to substantially modify environmental and natural 
resource management policy, including blocking implementation 
and enforcement of current or proposed rules and making 
permanent changes in law, should take place under the purview 
of the authorizing committees, after hearings and real debate, 
and not be quietly slipped into appropriations bills.
    We are hopeful that as this appropriations bill moves 
through the legislative process, its fiscal and legislative 
shortcomings can be corrected so that in the end we may have a 
bipartisan bill that protects the environment and enhances the 
preservation and use of the resources our nation has been 
blessed with.

                                   Norm Dicks.
                                   Jim Moran.