[House Report 112-589] [From the U.S. Government Publishing 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: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.
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.