II 

117TH CONGRESS 

2D SESSION S. 4660 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2023, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Appropriations 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2023, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2023, and for other pur7 poses, namely: 


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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to river 

9 and harbor, flood and storm damage reduction, shore pro10 tection, aquatic ecosystem restoration, and related efforts. 

11 INVESTIGATIONS

12 For expenses necessary where authorized by law for 

13 the collection and study of basic information pertaining 

14 to river and harbor, flood and storm damage reduction, 

15 shore protection, aquatic ecosystem restoration, and re16 lated needs; for surveys and detailed studies, and plans 

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration projects, and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations, and, when authorized by law, 

22 surveys and detailed studies, and plans and specifications 

23 of projects prior to construction, $165,668,000, to remain 

24 available until expended: Provided, That the Secretary 

25 shall not deviate from the work plan, once the plan has 


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1 been submitted to the Committees on Appropriations of 

2 both Houses of Congress. 

3 CONSTRUCTION

4 For expenses necessary for the construction of river 

5 and harbor, flood and storm damage reduction, shore pro6 tection, aquatic ecosystem restoration, and related 

7 projects authorized by law; for conducting detailed studies, 

8 and plans and specifications, of such projects (including 

9 those involving participation by States, local governments, 

10 or private groups) authorized or made eligible for selection 

11 by law (but such detailed studies, and plans and specifica12 tions, shall not constitute a commitment of the Govern13 ment to construction); $2,159,642,000, to remain avail14 able until expended; of which $73,892,000, to be derived 

15 from the Harbor Maintenance Trust Fund, shall be to 

16 cover the Federal share of construction costs for facilities 

17 under the Dredged Material Disposal Facilities program; 

18 and of which such sums as are necessary to cover 35 per19 cent of the costs of construction, replacement, rehabilita20 tion, and expansion of inland waterways projects shall be 

21 derived from the Inland Waterways Trust Fund, except 

22 as otherwise specifically provided for in law: Provided, 

23 That the Secretary shall not deviate from the work plan, 

24 once the plan has been submitted to the Committees on 

25 Appropriations of both Houses of Congress. 


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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

3 projects and related efforts in the Mississippi River allu4 vial valley below Cape Girardeau, Missouri, as authorized 

5 by law, $373,075,000, to remain available until expended, 

6 of which $10,315,000, to be derived from the Harbor 

7 Maintenance Trust Fund, shall be to cover the Federal 

8 share of eligible operation and maintenance costs for in9 land harbors: Provided, That the Secretary shall not devi10 ate from the work plan, once the plan has been submitted 

11 to the Committees on Appropriations of both Houses of 

12 Congress. 

13 OPERATION AND MAINTENANCE

14 For expenses necessary for the operation, mainte15 nance, and care of existing river and harbor, flood and 

16 storm damage reduction, aquatic ecosystem restoration, 

17 and related projects authorized by law; providing security 

18 for infrastructure owned or operated by the Corps, includ19 ing administrative buildings and laboratories; maintaining 

20 harbor channels provided by a State, municipality, or 

21 other public agency that serve essential navigation needs 

22 of general commerce, where authorized by law; surveying 

23 and charting northern and northwestern lakes and con24 necting waters; clearing and straightening channels; and 

25 removing obstructions to navigation, $5,131,605,000, to 


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1 remain available until expended, of which $2,233,793,000, 

2 to be derived from the Harbor Maintenance Trust Fund, 

3 shall be to cover the Federal share of eligible operations 

4 and maintenance costs for coastal harbors and channels, 

5 and for inland harbors; of which such sums as become 

6 available from the special account for the Corps of Engi7 neers established by the Land and Water Conservation 

8 Fund Act of 1965 shall be derived from that account for 

9 resource protection, research, interpretation, and mainte10 nance activities related to resource protection in the areas 

11 at which outdoor recreation is available; of which such 

12 sums as become available from fees collected under section 

13 217 of Public Law 104–303 shall be used to cover the 

14 cost of operation and maintenance of the dredged material 

15 disposal facilities for which such fees have been collected; 

16 and of which $56,000,000, to be derived from the general 

17 fund of the Treasury, shall be to carry out subsection (c) 

18 of section 2106 of the Water Resources Reform and Devel19 opment Act of 2014 (33 U.S.C. 2238c) and shall be des20 ignated as being for such purpose pursuant to paragraph 

21 (2)(B) of section 14003 of division B of the Coronavirus 

22 Aid, Relief, and Economic Security Act (Public Law 116– 

23 136): Provided, That 1 percent of the total amount of 

24 funds provided for each of the programs, projects, or ac25 tivities funded under this heading shall not be allocated 


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1 to a field operating activity prior to the beginning of the 

2 fourth quarter of the fiscal year and shall be available for 

3 use by the Chief of Engineers to fund such emergency ac4 tivities as the Chief of Engineers determines to be nec5 essary and appropriate, and that the Chief of Engineers 

6 shall allocate during the fourth quarter any remaining 

7 funds which have not been used for emergency activities 

8 proportionally in accordance with the amounts provided 

9 for the programs, projects, or activities: Provided further, 

10 That the Secretary shall not deviate from the work plan, 

11 once the plan has been submitted to the Committees on 

12 Appropriations of both Houses of Congress. 

13 REGULATORY PROGRAM

14 For expenses necessary for administration of laws 

15 pertaining to regulation of navigable waters and wetlands, 

16 $213,000,000, to remain available until September 30, 

17 2024. 

18 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

19 For expenses necessary to clean up contamination 

20 from sites in the United States resulting from work per21 formed as part of the Nation’s early atomic energy pro22 gram, $450,000,000, to remain available until expended. 

23 FLOOD CONTROL AND COASTAL EMERGENCIES

24 For expenses necessary to prepare for flood, hurri25 cane, and other natural disasters and support emergency 


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1 operations, repairs, and other activities in response to 

2 such disasters as authorized by law, $35,000,000, to re3 main available until expended. 

4 EXPENSES

5 For expenses necessary for the supervision and gen6 eral administration of the civil works program in the head7 quarters of the Corps of Engineers and the offices of the 

8 Division Engineers; and for costs of management and op9 eration of the Humphreys Engineer Center Support Activ10 ity, the Institute for Water Resources, the United States 

11 Army Engineer Research and Development Center, and 

12 the United States Army Corps of Engineers Finance Cen13 ter allocable to the civil works program, $215,000,000, to 

14 remain available until September 30, 2024, of which not 

15 to exceed $5,000 may be used for official reception and 

16 representation purposes and only during the current fiscal 

17 year: Provided, That no part of any other appropriation 

18 provided in this title shall be available to fund the civil 

19 works activities of the Office of the Chief of Engineers 

20 or the civil works executive direction and management ac21 tivities of the division offices: Provided further, That any 

22 Flood Control and Coastal Emergencies appropriation 

23 may be used to fund the supervision and general adminis24 tration of emergency operations, repairs, and other activiVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 ties in response to any flood, hurricane, or other natural 

2 disaster. 

3 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

4 FOR CIVIL WORKS

5 For the Office of the Assistant Secretary of the Army 

6 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

7 $5,000,000, to remain available until September 30, 2024: 

8 Provided, That not more than 75 percent of such amount 

9 may be obligated or expended until the Assistant Sec10 retary submits to the Committees on Appropriations of 

11 both Houses of Congress the report required under section 

12 101(d) of this Act and a work plan that allocates at least 

13 95 percent of the additional funding provided under each 

14 heading in the explanatory statement accompanying this 

15 Act, to specific programs, projects, or activities. 

16 WATER INFRASTRUCTURE FINANCE AND INNOVATION

17 PROGRAM ACCOUNT

18 For administrative expenses to carry out the direct 

19 and guaranteed loan programs authorized by the Water 

20 Infrastructure Finance and Innovation Act of 2014, 

21 $10,000,000, to remain available until September 30, 

22 2024. 


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1 GENERAL PROVISIONS—CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 101. (a) None of the funds provided in title I 

5 of this Act, or provided by previous appropriations Acts 

6 to the agencies or entities funded in title I of this Act 

7 that remain available for obligation or expenditure in fiscal 

8 year 2023, shall be available for obligation or expenditure 

9 through a reprogramming of funds that: 

10 (1) creates or initiates a new program, project, 

11 or activity; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds or personnel for any pro14 gram, project, or activity for which funds have been 

15 denied or restricted by this Act, unless prior ap16 proval is received from the Committees on Appro17 priations of both Houses of Congress; 

18 (4) proposes to use funds directed for a specific 

19 activity for a different purpose, unless prior approval 

20 is received from the Committees on Appropriations 

21 of both Houses of Congress; 

22 (5) augments or reduces existing programs, 

23 projects, or activities in excess of the amounts con24 tained in paragraphs (6) through (10), unless prior 


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1 approval is received from the Committees on Appro2 priations of both Houses of Congress; 

3 (6) INVESTIGATIONS.—For a base level over 

4 $100,000, reprogramming of 25 percent of the base 

5 amount up to a limit of $150,000 per project, study 

6 or activity is allowed: Provided, That for a base level 

7 less than $100,000, the reprogramming limit is 

8 $25,000: Provided further, That up to $25,000 may 

9 be reprogrammed into any continuing study or activ10 ity that did not receive an appropriation for existing 

11 obligations and concomitant administrative expenses; 

12 (7) CONSTRUCTION.—For a base level over 

13 $2,000,000, reprogramming of 15 percent of the 

14 base amount up to a limit of $3,000,000 per project, 

15 study or activity is allowed: Provided, That for a 

16 base level less than $2,000,000, the reprogramming 

17 limit is $300,000: Provided further, That up to 

18 $3,000,000 may be reprogrammed for settled con19 tractor claims, changed conditions, or real estate de20 ficiency judgments: Provided further, That up to 

21 $300,000 may be reprogrammed into any continuing 

22 study or activity that did not receive an appropria23 tion for existing obligations and concomitant admin24 istrative expenses; 


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1 (8) OPERATION AND MAINTENANCE.—Unlim2 ited reprogramming authority is granted for the 

3 Corps to be able to respond to emergencies: Pro4 vided, That the Chief of Engineers shall notify the 

5 Committees on Appropriations of both Houses of 

6 Congress of these emergency actions as soon there7 after as practicable: Provided further, That for a 

8 base level over $1,000,000, reprogramming of 15 

9 percent of the base amount up to a limit of 

10 $5,000,000 per project, study, or activity is allowed: 

11 Provided further, That for a base level less than 

12 $1,000,000, the reprogramming limit is $150,000: 

13 Provided further, That $150,000 may be repro14 grammed into any continuing study or activity that 

15 did not receive an appropriation; 

16 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

17 The reprogramming guidelines in paragraphs (6), 

18 (7), and (8) shall apply to the Investigations, Con19 struction, and Operation and Maintenance portions 

20 of the Mississippi River and Tributaries Account, re21 spectively; and 

22 (10) FORMERLY UTILIZED SITES REMEDIAL AC23 TION PROGRAM.—Reprogramming of up to 15 per24 cent of the base of the receiving project is permitted. 


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1 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

2 should a reprogramming for less than $50,000 be sub3 mitted to the Committees on Appropriations of both 

4 Houses of Congress. 

5 (c) CONTINUING AUTHORITIES PROGRAM.—Sub6 section (a)(1) shall not apply to any project or activity 

7 funded under the continuing authorities program. 

8 (d) Not later than 60 days after the date of enact9 ment of this Act, the Secretary shall submit a report to 

10 the Committees on Appropriations of both Houses of Con11 gress to establish the baseline for application of re12 programming and transfer authorities for the current fis13 cal year which shall include: 

14 (1) A table for each appropriation with a sepa15 rate column to display the President’s budget re16 quest, adjustments made by Congress, adjustments 

17 due to enacted rescissions, if applicable, and the fis18 cal year enacted level; 

19 (2) A delineation in the table for each appro20 priation both by object class and program, project 

21 and activity as detailed in the budget appendix for 

22 the respective appropriations; and 

23 (3) An identification of items of special congres24 sional interest. 


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1 SEC. 102. The Secretary shall allocate funds made 

2 available in this Act solely in accordance with the provi3 sions of this Act and the explanatory statement accom4 panying this Act. 

5 SEC. 103. None of the funds made available in this 

6 title may be used to award or modify any contract that 

7 commits funds beyond the amounts appropriated for that 

8 program, project, or activity that remain unobligated, ex9 cept that such amounts may include any funds that have 

10 been made available through reprogramming pursuant to 

11 section 101. 

12 SEC. 104. The Secretary of the Army may transfer 

13 to the Fish and Wildlife Service, and the Fish and Wildlife 

14 Service may accept and expend, up to $5,400,000 of funds 

15 provided in this title under the heading ‘‘Operation and 

16 Maintenance’’ to mitigate for fisheries lost due to Corps 

17 of Engineers projects. 

18 SEC. 105. None of the funds in this Act shall be used 

19 for an open lake placement alternative for dredged mate20 rial, after evaluating the least costly, environmentally ac21 ceptable manner for the disposal or management of 

22 dredged material originating from Lake Erie or tributaries 

23 thereto, unless it is approved under a State water quality 

24 certification pursuant to section 401 of the Federal Water 

25 Pollution Control Act (33 U.S.C. 1341): Provided, That 


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1 until an open lake placement alternative for dredged mate2 rial is approved under a State water quality certification, 

3 the Corps of Engineers shall continue upland placement 

4 of such dredged material consistent with the requirements 

5 of section 101 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2211). 

7 SEC. 106. Additional funding provided in this Act 

8 shall be allocated only to projects determined to be eligible 

9 by the Chief of Engineers. 


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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $21,000,000, to remain 

7 available until expended, of which $5,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 

11 the amount provided under this heading, $1,550,000 shall 

12 be available until September 30, 2024, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2023, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

17 use an amount not to exceed $1,850,000 for administra18 tive expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 


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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian Tribes, and others, $1,784,900,000, to 

11 remain available until expended, of which $71,217,000 

12 shall be available for transfer to the Upper Colorado River 

13 Basin Fund and $19,606,000 shall be available for trans14 fer to the Lower Colorado River Basin Development Fund; 

15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 

17 $100,000 shall be available for transfer into the Aging In18 frastructure Account established by section 9603(d)(1) of 

19 the Omnibus Public Land Management Act of 2009, as 

20 amended (43 U.S.C. 510b(d)(1)): Provided further, That 

21 such transfers, except for the transfer authorized by the 

22 preceding proviso, may be increased or decreased within 

23 the overall appropriation under this heading: Provided fur24 ther, That of the total appropriated, the amount for pro25 gram activities that can be financed by the Reclamation 


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1 Fund, the Water Storage Enhancement Receipts account 

2 established by section 4011(e) of Public Law 114–322, or 

3 the Bureau of Reclamation special fee account established 

4 by 16 U.S.C. 6806 shall be derived from that Fund or 

5 account: Provided further, That funds contributed under 

6 43 U.S.C. 395 are available until expended for the pur7 poses for which the funds were contributed: Provided fur8 ther, That funds advanced under 43 U.S.C. 397a shall be 

9 credited to this account and are available until expended 

10 for the same purposes as the sums appropriated under this 

11 heading: Provided further, That of the amounts made 

12 available under this heading, $10,000,000 shall be depos13 ited in the San Gabriel Basin Restoration Fund estab14 lished by section 110 of title I of division B of appendix 

15 D of Public Law 106–554: Provided further, That of the 

16 amounts provided herein, funds may be used for high-pri17 ority projects which shall be carried out by the Youth Con18 servation Corps, as authorized by 16 U.S.C. 1706: Pro19 vided further, That within available funds, $250,000 shall 

20 be for grants and financial assistance for educational ac21 tivities. 

22 CENTRAL VALLEY PROJECT RESTORATION FUND

23 For carrying out the programs, projects, plans, habi24 tat restoration, improvement, and acquisition provisions of 

25 the Central Valley Project Improvement Act, such sums 


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1 as may be collected in fiscal year 2023 in the Central Val2 ley Project Restoration Fund pursuant to sections 

3 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

4 to remain available until expended: Provided, That the Bu5 reau of Reclamation is directed to assess and collect the 

6 full amount of the additional mitigation and restoration 

7 payments authorized by section 3407(d) of Public Law 

8 102–575: Provided further, That none of the funds made 

9 available under this heading may be used for the acquisi10 tion or leasing of water for in-stream purposes if the water 

11 is already committed to in-stream purposes by a court 

12 adopted decree or order. 

13 CALIFORNIA BAY-DELTA RESTORATION

14 (INCLUDING TRANSFERS OF FUNDS)

15 For carrying out activities authorized by the Water 

16 Supply, Reliability, and Environmental Improvement Act, 

17 consistent with plans to be approved by the Secretary of 

18 the Interior, $33,000,000, to remain available until ex19 pended, of which such amounts as may be necessary to 

20 carry out such activities may be transferred to appropriate 

21 accounts of other participating Federal agencies to carry 

22 out authorized purposes: Provided, That funds appro23 priated herein may be used for the Federal share of the 

24 costs of CALFED Program management: Provided fur25 ther, That CALFED implementation shall be carried out 


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1 in a balanced manner with clear performance measures 

2 demonstrating concurrent progress in achieving the goals 

3 and objectives of the Program. 

4 POLICY AND ADMINISTRATION

5 For expenses necessary for policy, administration, 

6 and related functions in the Office of the Commissioner, 

7 the Denver office, and offices in the six regions of the Bu8 reau of Reclamation, to remain available until September 

9 30, 2024, $65,079,000, to be derived from the Reclama10 tion Fund and be nonreimbursable as provided in 43 

11 U.S.C. 377: Provided, That no part of any other appro12 priation in this Act shall be available for activities or func13 tions budgeted as policy and administration expenses. 

14 ADMINISTRATIVE PROVISION

15 Appropriations for the Bureau of Reclamation shall 

16 be available for purchase and replacement of motor vehi17 cles and to provide supporting charging or fueling infra18 structure. 

19 GENERAL PROVISIONS—DEPARTMENT OF THE 

20 INTERIOR 

21 SEC. 201. (a) None of the funds provided in title II 

22 of this Act for Water and Related Resources, or provided 

23 by previous or subsequent appropriations Acts to the agen24 cies or entities funded in title II of this Act for Water 

25 and Related Resources that remain available for obligation 


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1 or expenditure in fiscal year 2023, shall be available for 

2 obligation or expenditure through a reprogramming of 

3 funds that— 

4 (1) initiates or creates a new program, project, 

5 or activity; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds for any program, project, or 

8 activity for which funds have been denied or re9 stricted by this Act, unless prior approval is received 

10 from the Committees on Appropriations of both 

11 Houses of Congress; 

12 (4) restarts or resumes any program, project or 

13 activity for which funds are not provided in this Act, 

14 unless prior approval is received from the Commit15 tees on Appropriations of both Houses of Congress; 

16 (5) transfers funds in excess of the following 

17 limits, unless prior approval is received from the 

18 Committees on Appropriations of both Houses of 

19 Congress: 

20 (A) 15 percent for any program, project or 

21 activity for which $2,000,000 or more is avail22 able at the beginning of the fiscal year; or 

23 (B) $400,000 for any program, project or 

24 activity for which less than $2,000,000 is avail25 able at the beginning of the fiscal year; 


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1 (6) transfers more than $500,000 from either 

2 the Facilities Operation, Maintenance, and Rehabili3 tation category or the Resources Management and 

4 Development category to any program, project, or 

5 activity in the other category, unless prior approval 

6 is received from the Committees on Appropriations 

7 of both Houses of Congress; or 

8 (7) transfers, where necessary to discharge legal 

9 obligations of the Bureau of Reclamation, more than 

10 $5,000,000 to provide adequate funds for settled 

11 contractor claims, increased contractor earnings due 

12 to accelerated rates of operations, and real estate de13 ficiency judgments, unless prior approval is received 

14 from the Committees on Appropriations of both 

15 Houses of Congress. 

16 (b) Subsection (a)(5) shall not apply to any transfer 

17 of funds within the Facilities Operation, Maintenance, and 

18 Rehabilitation category. 

19 (c) For purposes of this section, the term ‘‘transfer’’ 

20 means any movement of funds into or out of a program, 

21 project, or activity. 

22 (d) Except as provided in subsections (a) and (b), the 

23 amounts made available in this title under the heading 

24 ‘‘Bureau of Reclamation—Water and Related Resources’’ 

25 shall be expended for the programs, projects, and activities 


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1 specified in the ‘‘Committee Recommendation’’ columns in 

2 the ‘‘Water and Related Resources’’ table included under 

3 the heading ‘‘Title II—Department of the Interior’’ in the 

4 explanatory statement accompanying this Act. 

5 (e) The Bureau of Reclamation shall submit reports 

6 on a quarterly basis to the Committees on Appropriations 

7 of both Houses of Congress detailing all the funds repro8 grammed between programs, projects, activities, or cat9 egories of funding. The first quarterly report shall be sub10 mitted not later than 60 days after the date of enactment 

11 of this Act. 

12 SEC. 202. (a) None of the funds appropriated or oth13 erwise made available by this Act may be used to deter14 mine the final point of discharge for the interceptor drain 

15 for the San Luis Unit until development by the Secretary 

16 of the Interior and the State of California of a plan, which 

17 shall conform to the water quality standards of the State 

18 of California as approved by the Administrator of the En19 vironmental Protection Agency, to minimize any detri20 mental effect of the San Luis drainage waters. 

21 (b) The costs of the Kesterson Reservoir Cleanup 

22 Program and the costs of the San Joaquin Valley Drain23 age Program shall be classified by the Secretary of the 

24 Interior as reimbursable or nonreimbursable and collected 

25 until fully repaid pursuant to the ‘‘Cleanup Program— 


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1 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter2 native Repayment Plan’’ described in the report entitled 

3 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro4 gram and San Joaquin Valley Drainage Program, Feb5 ruary 1995’’, prepared by the Department of the Interior, 

6 Bureau of Reclamation. Any future obligations of funds 

7 by the United States relating to, or providing for, drainage 

8 service or drainage studies for the San Luis Unit shall 

9 be fully reimbursable by San Luis Unit beneficiaries of 

10 such service or studies pursuant to Federal reclamation 

11 law. 

12 SEC. 203. Section 9504(e) of the Omnibus Public 

13 Land Management Act of 2009 (42 U.S.C. 10364(e)) is 

14 amended by striking ‘‘$750,000,000’’ and inserting 

15 ‘‘$820,000,000’’. 

16 SEC. 204. (a) Title I of Public Law 108–361 (the 

17 CALFED Bay-Delta Authorization Act) (118 Stat. 1681), 

18 as amended by section 204 of division D of Public Law 

19 117–103, shall be applied by substituting ‘‘2023’’ for 

20 ‘‘2022’’ each place it appears. 

21 (b) Section 103(f)(4)(A) of Public Law 108–361 (the 

22 Calfed Bay-Delta Authorization Act) is amended by strik23 ing ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 


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1 SEC. 205. Section 9106(g)(2) of Public Law 111–11 

2 (Omnibus Public Land Management Act of 2009) shall 

3 be applied by substituting ‘‘2023’’ for ‘‘ 2022’’. 

4 SEC. 206. (a) Section 104(c) of the Reclamation 

5 States Emergency Drought Relief Act of 1991 (43 U.S.C. 

6 2214(c)) shall be applied by substituting ‘‘2023’’ for 

7 ‘‘2022’’. 

8 (b) Section 301 of the Reclamation States Emergency 

9 Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap10 plied by substituting ‘‘2023’’ for ‘‘2022’’ and by sub11 stituting ‘‘$130,000,000’’ for ‘‘$120,000,000’’. 

12 SEC. 207. Section 529(b)(3) of the Water Resources 

13 Development Act of 2000 (Public Law 106–541) as 

14 amended, is amended by striking ‘‘$30,000,000’’ and in15 serting ‘‘$40,000,000’’. 


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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 DEFENSE PRODUCTION ACT DOMESTIC CLEAN ENERGY

5 ACCELERATOR

6 For activities by the Department of Energy pursuant 

7 to titles I, III, and VII of the Defense Production Act of 

8 1950 (50 U.S.C. 4501 et seq), notwithstanding the re9 quirements of paragraphs (1) through (6) of section 

10 303(a) of such Act (50 U.S.C. 4533(a)), $500,000,000, 

11 to remain available until expended, which shall be obli12 gated and expended by the Secretary of Energy as if dele13 gated the necessary authorities conferred by the Defense 

14 Production Act of 1950, and which shall be for expanding 

15 the domestic production capability for solar, transformers, 

16 electric grid components, fuel cells, electrolyzers, heat 

17 pumps, and insulation, of which up to $25,000,000, to re18 main available until September 30, 2024, shall be avail19 able for program direction. 

20 ENERGY EFFICIENCY AND RENEWABLE ENERGY

21 For Department of Energy expenses including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment, and other expenses necessary for energy 

24 efficiency and renewable energy activities in carrying out 

25 the purposes of the Department of Energy Organization 


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1 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 $3,799,000,000, to remain available until expended: Pro5 vided, That of such amount, $245,000,000 shall be avail6 able until September 30, 2024, for program direction. 

7 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

8 RESPONSE

9 For Department of Energy expenses including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment, and other expenses necessary for energy 

12 sector cybersecurity, energy security, and emergency re13 sponse activities in carrying out the purposes of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

15 seq.), including the acquisition or condemnation of any 

16 real property or any facility or for plant or facility acquisi17 tion, construction, or expansion, $202,143,000, to remain 

18 available until expended: Provided, That of such amount, 

19 $25,143,000 shall be available until September 30, 2024, 

20 for program direction. 

21 ELECTRICITY

22 For Department of Energy expenses including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment, and other expenses necessary for elec25 tricity activities in carrying out the purposes of the DeVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 partment of Energy Organization Act (42 U.S.C. 7101 et 

2 seq.), including the acquisition or condemnation of any 

3 real property or any facility or for plant or facility acquisi4 tion, construction, or expansion, $362,000,000, to remain 

5 available until expended: Provided, That of such amount, 

6 $21,000,000 shall be available until September 30, 2024, 

7 for program direction. 

8 NUCLEAR ENERGY

9 For Department of Energy expenses including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment, and other expenses necessary for nuclear 

12 energy activities in carrying out the purposes of the De13 partment of Energy Organization Act (42 U.S.C. 7101 et 

14 seq.), including the acquisition or condemnation of any 

15 real property or any facility or for plant or facility acquisi16 tion, construction, or expansion, $1,765,600,000, to re17 main available until expended: Provided, That of such 

18 amount, $82,574,000 shall be available until September 

19 30, 2024, for program direction: Provided further, That 

20 for the purpose of section 954(a)(6) of the Energy Policy 

21 Act of 2005, as amended, the only amount available shall 

22 be from the amount specified as including that purpose 

23 in the ‘‘Recommended’’ column in the ‘‘Department of En24 ergy’’ table included under the heading ‘‘Title III—DeVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 partment of Energy’’ in the explanatory statement accom2 panying this Act. 

3 FOSSIL ENERGY AND CARBON MANAGEMENT

4 For Department of Energy expenses necessary in car5 rying out fossil energy and carbon management research 

6 and development activities, under the authority of the De7 partment of Energy Organization Act (42 U.S.C. 7101 et 

8 seq.), including the acquisition of interest, including defea9 sible and equitable interests in any real property or any 

10 facility or for plant or facility acquisition or expansion, 

11 and for conducting inquiries, technological investigations 

12 and research concerning the extraction, processing, use, 

13 and disposal of mineral substances without objectionable 

14 social and environmental costs (30 U.S.C. 3, 1602, and 

15 1603), $880,000,000, to remain available until expended: 

16 Provided, That of such amount $70,000,000 shall be avail17 able until September 30, 2024, for program direction. 

18 ENERGY PROJECTS

19 For Department of Energy expenses necessary in car20 rying out community project funding activities, under the 

21 authority of the Department of Energy Organization Act 

22 (42 U.S.C. 7101 et seq.), $109,767,000, to remain avail23 able until expended, for projects specified in the table that 

24 appears under the heading ‘‘Congressionally Directed 


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1 Spending of Energy Projects’’ in the explanatory state2 ment accompanying this Act. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For Department of Energy expenses necessary to 

5 carry out naval petroleum and oil shale reserve activities, 

6 $13,004,000, to remain available until expended: Pro7 vided, That notwithstanding any other provision of law, 

8 unobligated funds remaining from prior years shall be 

9 available for all naval petroleum and oil shale reserve ac10 tivities. 

11 STRATEGIC PETROLEUM RESERVE

12 For Department of Energy expenses necessary for 

13 Strategic Petroleum Reserve facility development and op14 erations and program management activities pursuant to 

15 the Energy Policy and Conservation Act (42 U.S.C. 6201 

16 et seq.), $192,460,000, to remain available until expended: 

17 Provided, That notwithstanding sections 161 and 167 of 

18 the Energy Policy and Conservation Act (42 U.S.C. 6241, 

19 6247), the Secretary of Energy shall draw down and sell 

20 one million barrels of refined petroleum product from the 

21 Strategic Petroleum Reserve during fiscal year 2023: Pro22 vided further, That all proceeds from such sale shall be 

23 deposited into the general fund of the Treasury during fis24 cal year 2023: Provided further, That upon the completion 


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1 of such sale, the Secretary shall carry out the closure of 

2 the Northeast Gasoline Supply Reserve. 

3 SPR PETROLEUM ACCOUNT

4 For the acquisition, transportation, and injection of 

5 petroleum products, and for other necessary expenses pur6 suant to the Energy Policy and Conservation Act of 1975, 

7 as amended (42 U.S.C. 6201 et seq.), sections 403 and 

8 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

9 6241, 6239 note), section 32204 of the Fixing America’s 

10 Surface Transportation Act (42 U.S.C. 6241 note), and 

11 section 30204 of the Bipartisan Budget Act of 2018 (42 

12 U.S.C. 6241 note), $8,000,000, to remain available until 

13 expended. 

14 NORTHEAST HOME HEATING OIL RESERVE

15 For Department of Energy expenses necessary for 

16 Northeast Home Heating Oil Reserve storage, operation, 

17 and management activities pursuant to the Energy Policy 

18 and Conservation Act (42 U.S.C. 6201 et seq.), 

19 $7,000,000, to remain available until expended. 

20 ENERGY INFORMATION ADMINISTRATION

21 For Department of Energy expenses necessary in car22 rying out the activities of the Energy Information Admin23 istration, $144,000,000, to remain available until ex24 pended. 


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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-de5 fense environmental cleanup activities in carrying out the 

6 purposes of the Department of Energy Organization Act 

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, and the 

10 purchase of one zero emission passenger motor vehicle, 

11 $373,583,000, to remain available until expended: Pro12 vided, That, in addition, fees collected pursuant to sub13 section (b)(1) of section 6939f of title 42, United States 

14 Code, and deposited under this heading in fiscal year 2022 

15 pursuant to section 309 of title III of division C of Public 

16 Law 116–94 are appropriated, to remain available until 

17 expended, for mercury storage costs. 

18 URANIUM ENRICHMENT DECONTAMINATION AND

19 DECOMMISSIONING FUND

20 For Department of Energy expenses necessary in car21 rying out uranium enrichment facility decontamination 

22 and decommissioning, remedial actions, and other activi23 ties of title II of the Atomic Energy Act of 1954, and 

24 title X, subtitle A, of the Energy Policy Act of 1992, 

25 $869,000,000, to be derived from the Uranium EnrichVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 ment Decontamination and Decommissioning Fund, to re2 main available until expended, of which $25,248,000 shall 

3 be available in accordance with title X, subtitle A, of the 

4 Energy Policy Act of 1992. 

5 SCIENCE

6 For Department of Energy expenses including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for science 

9 activities in carrying out the purposes of the Department 

10 of Energy Organization Act (42 U.S.C. 7101 et seq.), in11 cluding the acquisition or condemnation of any real prop12 erty or any facility or for plant or facility acquisition, con13 struction, or expansion, and purchase of not more than 

14 35 passenger motor vehicles, including one ambulance, for 

15 replacement only, $8,100,000,000, to remain available 

16 until expended: Provided, That of such amount, 

17 $211,211,000 shall be available until September 30, 2024, 

18 for program direction. 

19 NUCLEAR WASTE DISPOSAL

20 For Department of Energy expenses necessary for 

21 nuclear waste disposal activities to carry out the purposes 

22 of the Nuclear Waste Policy Act of 1982, Public Law 97– 

23 425, as amended, $10,205,000, to remain available until 

24 expended, to be derived from the Nuclear Waste Fund. 


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1 TECHNOLOGY TRANSITIONS

2 For Department of Energy expenses necessary for 

3 carrying out the activities of technology transitions, 

4 $21,558,000, to remain available until expended: Pro5 vided, That of such amount,$10,900,000 shall be available 

6 until September 30, 2024, for program direction. 

7 CLEAN ENERGY DEMONSTRATIONS

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses necessary for clean en11 ergy demonstrations in carrying out the purposes of the 

12 Department of Energy Organization Act (42 U.S.C. 7101 

13 et seq.), including the acquisition or condemnation of any 

14 real property or any facility or for plant or facility acquisi15 tion, construction, or expansion, $150,000,000, to remain 

16 available until expended: Provided, That of such amount, 

17 $25,000,000 shall be available until September 30, 2024, 

18 for program direction. 

19 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

20 For Department of Energy expenses necessary in car21 rying out the activities authorized by section 5012 of the 

22 America COMPETES Act (Public Law 110–69), 

23 $570,364,000, to remain available until expended: Pro24 vided, That of such amount, $44,000,000 shall be avail25 able until September 30, 2024, for program direction. 


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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 (INCLUDING RESCISSION OF FUNDS)

4 Such sums as are derived from amounts received 

5 from borrowers pursuant to section 1702(b) of the Energy 

6 Policy Act of 2005 under this heading in prior Acts, shall 

7 be collected in accordance with section 502(7) of the Con8 gressional Budget Act of 1974: Provided, That for nec9 essary administrative expenses of the Title 17 Innovative 

10 Technology Loan Guarantee Program, as authorized, 

11 $66,206,000 is appropriated, to remain available until 

12 September 30, 2024: Provided further, That up to 

13 $66,206,000 of fees collected in fiscal year 2023 pursuant 

14 to section 1702(h) of the Energy Policy Act of 2005 shall 

15 be credited as offsetting collections under this heading and 

16 used for necessary administrative expenses in this appro17 priation and shall remain available until September 30, 

18 2024: Provided further, That to the extent that fees col19 lected in fiscal year 2023 exceed $66,206,000, those ex20 cess amounts shall be credited as offsetting collections 

21 under this heading and available in future fiscal years only 

22 to the extent provided in advance in appropriations Acts: 

23 Provided further, That the sum herein appropriated from 

24 the general fund shall be reduced (1) as such fees are re25 ceived during fiscal year 2023 (estimated at $35,000,000) 


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1 and (2) to the extent that any remaining general fund ap2 propriations can be derived from fees collected in previous 

3 fiscal years that are not otherwise appropriated, so as to 

4 result in a final fiscal year 2023 appropriation from the 

5 general fund estimated at $0: Provided further, That the 

6 Department of Energy shall not subordinate any loan obli7 gation to other financing in violation of section 1702 of 

8 the Energy Policy Act of 2005 or subordinate any Guaran9 teed Obligation to any loan or other debt obligations in 

10 violation of section 609.10 of title 10, Code of Federal 

11 Regulations. 

12 Of the unobligated balances from amounts made 

13 available in the first proviso of section 1425 of the Depart14 ment of Defense and Full-Year Continuing Appropriations 

15 Act, 2011 (Public Law 112–10) for the cost of loan guar16 antees under section 1703 of the Energy Policy Act of 

17 2005, $150,000,000 are hereby permanently rescinded: 

18 Provided, That, subject to section 502 of the Congres19 sional Budget Act of 1974, commitments to guarantee 

20 loans for eligible projects under title XVII of the Energy 

21 Policy Act of 2005, shall not exceed a total principal 

22 amount of $15,000,000,000, to remain available until 

23 committed: Provided further, That the amounts provided 

24 under this paragraph are in addition to those provided in 

25 any other Act: Provided further, That for amounts colVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 lected pursuant to section 1702(b)(2) of the Energy Policy 

2 Act of 2005, the source of such payment received from 

3 borrowers may not be a loan or other debt obligation that 

4 is guaranteed by the Federal Government: Provided fur5 ther, That none of such loan guarantee authority made 

6 available under this paragraph shall be available for com7 mitments to guarantee loans for any projects where funds, 

8 personnel, or property (tangible or intangible) of any Fed9 eral agency, instrumentality, personnel, or affiliated entity 

10 are expected be used (directly or indirectly) through acqui11 sitions, contracts, demonstrations, exchanges, grants, in12 centives, leases, procurements, sales, other transaction au13 thority, or other arrangements, to support the project or 

14 to obtain goods or services from the project: Provided fur15 ther, That the preceding proviso shall not be interpreted 

16 as precluding the use of the loan guarantee authority pro17 vided under this paragraph for commitments to guarantee 

18 loans for: (1) projects as a result of such projects benefit19 ting from otherwise allowable Federal income tax benefits; 

20 (2) projects as a result of such projects benefitting from 

21 being located on Federal land pursuant to a lease or right22 of-way agreement for which all consideration for all uses 

23 is: (A) paid exclusively in cash; (B) deposited in the Treas24 ury as offsetting receipts; and (C) equal to the fair market 

25 value as determined by the head of the relevant Federal 


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1 agency; (3) projects as a result of such projects benefitting 

2 from Federal insurance programs, including under section 

3 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; 

4 commonly known as the ‘‘Price-Anderson Act’’); or (4) 

5 electric generation projects using transmission facilities 

6 owned or operated by a Federal Power Marketing Admin7 istration or the Tennessee Valley Authority that have been 

8 authorized, approved, and financed independent of the 

9 project receiving the guarantee: Provided further, That 

10 none of the loan guarantee authority made available under 

11 this paragraph shall be available for any project unless 

12 the Director of the Office of Management and Budget has 

13 certified in advance in writing that the loan guarantee and 

14 the project comply with the provisions under this para15 graph. 

16 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

17 LOAN PROGRAM

18 For Department of Energy administrative expenses 

19 necessary in carrying out the Advanced Technology Vehi20 cles Manufacturing Loan Program, $9,800,000, to remain 

21 available until September 30, 2024. 

22 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

23 For Department of Energy administrative expenses 

24 necessary in carrying out the Tribal Energy Loan Guar25 antee Program, $2,000,000, to remain available until SepVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 tember 30, 2024: Provided, That in this fiscal year and 

2 subsequent fiscal years, under section 2602(c) of the En3 ergy Policy Act of 1992 (25 U.S.C. 3502(c)), the Sec4 retary of Energy may also provide direct loans, as defined 

5 in section 502 of the Congressional Budget Act of 1974 

6 (2 U.S.C. 661a): Provided further, That such direct loans 

7 shall be made through the Federal Financing Bank, with 

8 the full faith and credit of the United States Government 

9 on the principal and interest: Provided further, That any 

10 funds previously appropriated for the cost of loan guaran11 tees under section 2602(c) of the Energy Policy Act of 

12 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal 

13 year and subsequent fiscal years, for the cost of direct 

14 loans provided under such section of such Act: Provided 

15 further, That for the cost of direct loans for the Tribal 

16 Energy Loan Guarantee Program as provided for in the 

17 preceding three provisos and for the cost of guaranteed 

18 loans for such program under section 2602(c) of the En19 ergy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,000,000, 

20 to remain available until expended: Provided further, That 

21 such costs, including the cost of modifying such loans, 

22 shall be as defined in section 502 of the Congressional 

23 Budget Act of 1974 (2 U.S.C. 661a). 


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1 INDIAN ENERGY POLICY AND PROGRAMS

2 For necessary expenses for Indian Energy activities 

3 in carrying out the purposes of the Department of Energy 

4 Organization Act (42 U.S.C. 7101 et seq.), $110,000,000, 

5 to remain available until expended: Provided, That of the 

6 amount appropriated under this heading, $18,000,000 

7 shall be available until September 30, 2024, for program 

8 direction. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), $357,906,000, to 

14 remain available until September 30, 2024, including the 

15 hire of zero emission passenger motor vehicles and sup16 porting charging or fueling infrastructure, and official re17 ception and representation expenses not to exceed 

18 $30,000, plus such additional amounts as necessary to 

19 cover increases in the estimated amount of cost of work 

20 for others notwithstanding the provisions of the Anti-Defi21 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

22 increases in cost of work are offset by revenue increases 

23 of the same or greater amount: Provided further, That 

24 moneys received by the Department for miscellaneous rev25 enues estimated to total $100,578,000 in fiscal year 2023 


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1 may be retained and used for operating expenses within 

2 this account, as authorized by section 201 of Public Law 

3 95–238, notwithstanding the provisions of 31 U.S.C. 

4 3302: Provided further, That the sum herein appropriated 

5 shall be reduced as collections are received during the fis6 cal year so as to result in a final fiscal year 2023 appro7 priation from the general fund estimated at not more than 

8 $257,328,000. 

9 OFFICE OF THE INSPECTOR GENERAL

10 For expenses necessary for the Office of the Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $92,000,000, to remain available 

13 until September 30, 2024. 

14 ATOMIC ENERGY DEFENSE ACTIVITIES 

15 NATIONAL NUCLEAR SECURITY 

16 ADMINISTRATION 

17 WEAPONS ACTIVITIES

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other incidental expenses necessary for 

21 atomic energy defense weapons activities in carrying out 

22 the purposes of the Department of Energy Organization 

23 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

24 condemnation of any real property or any facility or for 

25 plant or facility acquisition, construction, or expansion, 


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1 and the purchase of not to exceed one ambulance, for re2 placement only, $16,986,298,000, to remain available 

3 until expended: Provided, That of such amount, 

4 $130,070,000 shall be available until September 30, 2024, 

5 for program direction. 

6 DEFENSE NUCLEAR NONPROLIFERATION

7 For Department of Energy expenses, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other incidental expenses necessary for 

10 defense nuclear nonproliferation activities, in carrying out 

11 the purposes of the Department of Energy Organization 

12 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $2,538,000,000, to remain available until expended. 

16 NAVAL REACTORS

17 (INCLUDING TRANSFER OF FUNDS)

18 For Department of Energy expenses necessary for 

19 naval reactors activities to carry out the Department of 

20 Energy Organization Act (42 U.S.C. 7101 et seq.), includ21 ing the acquisition (by purchase, condemnation, construc22 tion, or otherwise) of real property, plant, and capital 

23 equipment, facilities, and facility expansion, 

24 $2,081,445,000, to remain available until expended, of 

25 which, $90,890,000 shall be transferred to ‘‘Department 


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1 of Energy—Energy Programs—Nuclear Energy’’, for the 

2 Advanced Test Reactor: Provided, That of such amount, 

3 $58,525,000 shall be available until September 30, 2024, 

4 for program direction. 

5 FEDERAL SALARIES AND EXPENSES

6 For expenses necessary for Federal Salaries and Ex7 penses in the National Nuclear Security Administration, 

8 $496,400,000, to remain available until September 30, 

9 2024, including official reception and representation ex10 penses not to exceed $17,000. 

11 ENVIRONMENTAL AND OTHER DEFENSE 

12 ACTIVITIES 

13 DEFENSE ENVIRONMENTAL CLEANUP

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other expenses necessary for atomic 

17 energy defense environmental cleanup activities in car18 rying out the purposes of the Department of Energy Orga19 nization Act (42 U.S.C. 7101 et seq.), including the acqui20 sition or condemnation of any real property or any facility 

21 or for plant or facility acquisition, construction, or expan22 sion, $7,064,084,000, to remain available until expended: 

23 Provided, That of such amount, $317,002,000 shall be 

24 available until September 30, 2024, for program direction. 


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1 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

2 AND DECOMMISSIONING

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for atomic energy defense 

5 environmental cleanup activities for Department of En6 ergy contributions for uranium enrichment decontamina7 tion and decommissioning activities, $579,000,000, to be 

8 deposited into the Defense Environmental Cleanup ac9 count, which shall be transferred to the ‘‘Uranium Enrich10 ment Decontamination and Decommissioning Fund’’. 

11 OTHER DEFENSE ACTIVITIES

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other expenses, necessary for atomic 

15 energy defense, other defense activities, and classified ac16 tivities, in carrying out the purposes of the Department 

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion, $1,040,237,000, to remain avail21 able until expended: Provided, That of such amount, 

22 $331,781,000 shall be available until September 30, 2024, 

23 for program direction. 


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1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for the Umatilla Hatchery Facility project 

6 and, in addition, for official reception and representation 

7 expenses in an amount not to exceed $5,000: Provided, 

8 That during fiscal year 2023, no new direct loan obliga9 tions may be made. 

10 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

11 ADMINISTRATION

12 For expenses necessary for operation and mainte13 nance of power transmission facilities and for marketing 

14 electric power and energy, including transmission wheeling 

15 and ancillary services, pursuant to section 5 of the Flood 

16 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

17 southeastern power area, $8,173,000, including official re18 ception and representation expenses in an amount not to 

19 exceed $1,500, to remain available until expended: Pro20 vided, That notwithstanding 31 U.S.C. 3302 and section 

21 5 of the Flood Control Act of 1944, up to $8,173,000 col22 lected by the Southeastern Power Administration from the 

23 sale of power and related services shall be credited to this 

24 account as discretionary offsetting collections, to remain 

25 available until expended for the sole purpose of funding 


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1 the annual expenses of the Southeastern Power Adminis2 tration: Provided further, That the sum herein appro3 priated for annual expenses shall be reduced as collections 

4 are received during the fiscal year so as to result in a final 

5 fiscal year 2023 appropriation estimated at not more than 

6 $0: Provided further, That notwithstanding 31 U.S.C. 

7 3302, up to $78,696,000 collected by the Southeastern 

8 Power Administration pursuant to the Flood Control Act 

9 of 1944 to recover purchase power and wheeling expenses 

10 shall be credited to this account as offsetting collections, 

11 to remain available until expended for the sole purpose 

12 of making purchase power and wheeling expenditures: 

13 Provided further, That for purposes of this appropriation, 

14 annual expenses means expenditures that are generally re15 covered in the same year that they are incurred (excluding 

16 purchase power and wheeling expenses). 

17 OPERATION AND MAINTENANCE, SOUTHWESTERN

18 POWER ADMINISTRATION

19 For expenses necessary for operation and mainte20 nance of power transmission facilities and for marketing 

21 electric power and energy, for construction and acquisition 

22 of transmission lines, substations and appurtenant facili23 ties, and for administrative expenses, including official re24 ception and representation expenses in an amount not to 

25 exceed $1,500 in carrying out section 5 of the Flood ConVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

2 Southwestern Power Administration, $53,488,000, to re3 main available until expended: Provided, That notwith4 standing 31 U.S.C. 3302 and section 5 of the Flood Con5 trol Act of 1944 (16 U.S.C. 825s), up to $42,880,000 col6 lected by the Southwestern Power Administration from 

7 the sale of power and related services shall be credited to 

8 this account as discretionary offsetting collections, to re9 main available until expended, for the sole purpose of 

10 funding the annual expenses of the Southwestern Power 

11 Administration: Provided further, That the sum herein ap12 propriated for annual expenses shall be reduced as collec13 tions are received during the fiscal year so as to result 

14 in a final fiscal year 2023 appropriation estimated at not 

15 more than $10,608,000: Provided further, That notwith16 standing 31 U.S.C. 3302, up to $70,000,000 collected by 

17 the Southwestern Power Administration pursuant to the 

18 Flood Control Act of 1944 to recover purchase power and 

19 wheeling expenses shall be credited to this account as off20 setting collections, to remain available until expended for 

21 the sole purpose of making purchase power and wheeling 

22 expenditures: Provided further, That for purposes of this 

23 appropriation, annual expenses means expenditures that 

24 are generally recovered in the same year that they are in25 curred (excluding purchase power and wheeling expenses). 


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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, $299,573,000, including official reception and rep9 resentation expenses in an amount not to exceed $1,500, 

10 to remain available until expended, of which $299,573,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

13 3302, section 5 of the Flood Control Act of 1944 (16 

14 U.S.C. 825s), and section 1 of the Interior Department 

15 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

16 $200,841,000 collected by the Western Area Power Ad17 ministration from the sale of power and related services 

18 shall be credited to this account as discretionary offsetting 

19 collections, to remain available until expended, for the sole 

20 purpose of funding the annual expenses of the Western 

21 Area Power Administration: Provided further, That the 

22 sum herein appropriated for annual expenses shall be re23 duced as collections are received during the fiscal year so 

24 as to result in a final fiscal year 2023 appropriation esti25 mated at not more than $98,732,000, of which 


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1 $98,732,000 is derived from the Reclamation Fund: Pro2 vided further, That notwithstanding 31 U.S.C. 3302, up 

3 to $350,083,000 collected by the Western Area Power Ad4 ministration pursuant to the Flood Control Act of 1944 

5 and the Reclamation Project Act of 1939 to recover pur6 chase power and wheeling expenses shall be credited to 

7 this account as offsetting collections, to remain available 

8 until expended for the sole purpose of making purchase 

9 power and wheeling expenditures: Provided further, That 

10 for purposes of this appropriation, annual expenses means 

11 expenditures that are generally recovered in the same year 

12 that they are incurred (excluding purchase power and 

13 wheeling expenses). 

14 FALCON AND AMISTAD OPERATING AND MAINTENANCE

15 FUND

16 For operation, maintenance, and emergency costs for 

17 the hydroelectric facilities at the Falcon and Amistad 

18 Dams, $6,330,000, to remain available until expended, 

19 and to be derived from the Falcon and Amistad Operating 

20 and Maintenance Fund of the Western Area Power Ad21 ministration, as provided in section 2 of the Act of June 

22 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

23 the provisions of that Act and of 31 U.S.C. 3302, up to 

24 $6,102,000 collected by the Western Area Power Adminis25 tration from the sale of power and related services from 


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1 the Falcon and Amistad Dams shall be credited to this 

2 account as discretionary offsetting collections, to remain 

3 available until expended for the sole purpose of funding 

4 the annual expenses of the hydroelectric facilities of these 

5 Dams and associated Western Area Power Administration 

6 activities: Provided further, That the sum herein appro7 priated for annual expenses shall be reduced as collections 

8 are received during the fiscal year so as to result in a final 

9 fiscal year 2023 appropriation estimated at not more than 

10 $228,000: Provided further, That for purposes of this ap11 propriation, annual expenses means expenditures that are 

12 generally recovered in the same year that they are in13 curred: Provided further, That for fiscal year 2023, the 

14 Administrator of the Western Area Power Administration 

15 may accept up to $1,598,000 in funds contributed by 

16 United States power customers of the Falcon and Amistad 

17 Dams for deposit into the Falcon and Amistad Operating 

18 and Maintenance Fund, and such funds shall be available 

19 for the purpose for which contributed in like manner as 

20 if said sums had been specifically appropriated for such 

21 purpose: Provided further, That any such funds shall be 

22 available without further appropriation and without fiscal 

23 year limitation for use by the Commissioner of the United 

24 States Section of the International Boundary and Water 

25 Commission for the sole purpose of operating, maintainVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 ing, repairing, rehabilitating, replacing, or upgrading the 

2 hydroelectric facilities at these Dams in accordance with 

3 agreements reached between the Administrator, Commis4 sioner, and the power customers. 

5 FEDERAL ENERGY REGULATORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Federal Energy Regu8 latory Commission to carry out the provisions of the De9 partment of Energy Organization Act (42 U.S.C. 7101 et 

10 seq.), including services as authorized by 5 U.S.C. 3109, 

11 official reception and representation expenses not to ex12 ceed $3,000, and the hire of passenger motor vehicles, 

13 $508,400,000, to remain available until expended: Pro14 vided, That notwithstanding any other provision of law, 

15 not to exceed $508,400,000 of revenues from fees and an16 nual charges, and other services and collections in fiscal 

17 year 2023 shall be retained and used for expenses nec18 essary in this account, and shall remain available until ex19 pended: Provided further, That the sum herein appro20 priated from the general fund shall be reduced as revenues 

21 are received during fiscal year 2023 so as to result in a 

22 final fiscal year 2023 appropriation from the general fund 

23 estimated at not more than $0. 


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1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 SEC. 301. (a) No appropriation, funds, or authority 

4 made available by this title for the Department of Energy 

5 shall be used to initiate or resume any program, project, 

6 or activity or to prepare or initiate Requests For Proposals 

7 or similar arrangements (including Requests for 

8 Quotations, Requests for Information, and Funding Op9 portunity Announcements) for a program, project, or ac10 tivity if the program, project, or activity has not been 

11 funded by Congress. 

12 (b)(1) Unless the Secretary of Energy notifies the 

13 Committees on Appropriations of both Houses of Congress 

14 at least 3 full business days in advance, none of the funds 

15 made available in this title may be used to— 

16 (A) make or modify a grant allocation or discre17 tionary grant award totaling $1,000,000 or more; 

18 (B) make or modify a discretionary contract 

19 award or Other Transaction Agreement totaling 

20 $1,000,000 or more, including a contract covered by 

21 the Federal Acquisition Regulation; 

22 (C) issue a letter of intent to make or modify 

23 an allocation, award, or Agreement in excess of the 

24 limits in subparagraph (A) or (B); or 


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1 (D) announce publicly the intention to make or 

2 modify an allocation, award, or Agreement in excess 

3 of the limits in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress 

6 within 15 days of the conclusion of each quarter a report 

7 detailing each grant allocation or discretionary grant 

8 award totaling less than $1,000,000 provided or modified 

9 during the previous quarter. 

10 (3) The notification required by paragraph (1) and 

11 the report required by paragraph (2) shall include the re12 cipient of the award, the amount of the award, the fiscal 

13 year for which the funds for the award were appropriated, 

14 the account and program, project, or activity from which 

15 the funds are being drawn, the title of the award, and 

16 a brief description of the activity for which the award is 

17 made or modified. 

18 (c) The Department of Energy may not, with respect 

19 to any program, project, or activity that uses budget au20 thority made available in this title under the heading ‘‘De21 partment of Energy—Energy Programs’’, enter into a 

22 multiyear contract, award a multiyear grant, or enter into 

23 a multiyear cooperative agreement unless— 


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1 (1) the contract, grant, or cooperative agree2 ment is funded for the full period of performance as 

3 anticipated at the time of award; or 

4 (2) the contract, grant, or cooperative agree5 ment includes a clause conditioning the Federal Gov6 ernment’s obligation on the availability of future 

7 year budget authority and the Secretary notifies the 

8 Committees on Appropriations of both Houses of 

9 Congress at least 3 days in advance. 

10 (d) Except as provided in subsections (e), (f), and (g), 

11 the amounts made available by this title shall be expended 

12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘Committee Recommendations’’ 

14 column in the ‘‘Department of Energy’’ table included 

15 under the heading ‘‘Title III—Department of Energy’’ in 

16 the explanatory statement accompanying this Act. 

17 (e) The amounts made available by this title may be 

18 reprogrammed for any program, project, or activity, and 

19 the Department shall notify, and obtain the prior approval 

20 of, the Committees on Appropriations of both Houses of 

21 Congress at least 30 days prior to the use of any proposed 

22 reprogramming that would cause any program, project, or 

23 activity funding level to increase or decrease by more than 

24 $5,000,000 or 10 percent, whichever is less, during the 

25 time period covered by this Act. 


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1 (f) None of the funds provided in this title shall be 

2 available for obligation or expenditure through a re3 programming of funds that— 

4 (1) creates, initiates, or eliminates a program, 

5 project, or activity; 

6 (2) increases funds or personnel for any pro7 gram, project, or activity for which funds are denied 

8 or restricted by this Act; or 

9 (3) reduces funds that are directed to be used 

10 for a specific program, project, or activity by this 

11 Act. 

12 (g)(1) The Secretary of Energy may waive any re13 quirement or restriction in this section that applies to the 

14 use of funds made available for the Department of Energy 

15 if compliance with such requirement or restriction would 

16 pose a substantial risk to human health, the environment, 

17 welfare, or national security. 

18 (2) The Secretary of Energy shall notify the Commit19 tees on Appropriations of both Houses of Congress of any 

20 waiver under paragraph (1) as soon as practicable, but 

21 not later than 3 days after the date of the activity to which 

22 a requirement or restriction would otherwise have applied. 

23 Such notice shall include an explanation of the substantial 

24 risk under paragraph (1) that permitted such waiver. 


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1 (h) The unexpended balances of prior appropriations 

2 provided for activities in this Act may be available to the 

3 same appropriation accounts for such activities established 

4 pursuant to this title. Available balances may be merged 

5 with funds in the applicable established accounts and 

6 thereafter may be accounted for as one fund for the same 

7 time period as originally enacted. 

8 SEC. 302. Funds appropriated by this or any other 

9 Act, or made available by the transfer of funds in this 

10 Act, for intelligence activities are deemed to be specifically 

11 authorized by the Congress for purposes of section 504 

12 of the National Security Act of 1947 (50 U.S.C. 3094) 

13 during fiscal year 2023 until the enactment of the Intel14 ligence Authorization Act for fiscal year 2023. 

15 SEC. 303. None of the funds made available in this 

16 title shall be used for the construction of facilities classi17 fied as high-hazard nuclear facilities under 10 CFR Part 

18 830 unless independent oversight is conducted by the Of19 fice of Enterprise Assessments to ensure the project is in 

20 compliance with nuclear safety requirements. 

21 SEC. 304. None of the funds made available in this 

22 title may be used to approve critical decision-2 or critical 

23 decision-3 under Department of Energy Order 413.3B, or 

24 any successive departmental guidance, for construction 

25 projects where the total project cost exceeds 


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1 $100,000,000, until a separate independent cost estimate 

2 has been developed for the project for that critical deci3 sion. 

4 SEC. 305. No funds shall be transferred directly from 

5 ‘‘Department of Energy—Power Marketing Administra6 tion—Colorado River Basins Power Marketing Fund, 

7 Western Area Power Administration’’ to the general fund 

8 of the Treasury in the current fiscal year. 

9 SEC. 306. (a) Hereafter, for energy development, 

10 demonstration, and deployment programs funded under 

11 Department of Energy appropriations (other than those 

12 for the National Nuclear Security Administration and Of13 fice of Environmental Management) provided for fiscal 

14 year 2022, the current fiscal year, or any fiscal year there15 after (including by Acts other than appropriations Acts), 

16 the Secretary may vest unconditional title or other prop17 erty interests acquired under projects in an award recipi18 ent, subrecipient, or successor in interest, including the 

19 United States, at the conclusion of the award period for 

20 projects receiving an initial award in fiscal year 2022 or 

21 later. 

22 (b) Upon vesting unconditional title pursuant to sub23 section (a) in an award recipient, subrecipient, or suc24 cessor in interest other than the United States, the United 


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1 States shall have no liabilities or obligations to the prop2 erty. 

3 (c) For purposes of this section, the term ‘‘property 

4 interest’’ does not include any interest in intellectual prop5 erty developed using funding provided under a project. 

6 SEC. 307. All unavailable collections currently in the 

7 United States Enrichment Corporation Fund shall be 

8 transferred to and merged with the Uranium Enrichment 

9 Decontamination and Decommissioning Fund and shall be 

10 available only to the extent provided in advance in appro11 priations Acts. 

12 SEC. 308. None of the funds made available in this 

13 title may be used to support a grant allocation award, dis14 cretionary grant award, or cooperative agreement that ex15 ceeds $100,000,000 in Federal funding unless the project 

16 is carried out through internal independent project man17 agement procedures. 

18 SEC. 309. Subparagraphs (B) and (C) of section 

19 40401(a)(2) of Public Law 117–58, paragraph (3) of sec20 tion 16512(r) of title 42, United States Code, and section 

21 (l) of section 17013 of title 42, United States Code, shall 

22 not apply for fiscal year 2023. 

23 SEC. 310. (a) DEFINITIONS.—In this section: 

24 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af25 fected Indian tribe’’ has the meaning given the term 


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1 in section 2 of the Nuclear Waste Policy Act of 1982 

2 (42 U.S.C. 10101). 

3 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

4 term ‘‘high-level radioactive waste’’ has the meaning 

5 given the term in section 2 of the Nuclear Waste 

6 Policy Act of 1982 (42 U.S.C. 10101). 

7 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu8 clear Waste Fund’’ means the Nuclear Waste Fund 

9 established under section 302(c) of the Nuclear 

10 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

14 nuclear fuel’’ has the meaning given the term in sec15 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

16 U.S.C. 10101). 

17 (b) PILOT PROGRAM.—Notwithstanding any provi18 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

19 10101 et seq.), the Secretary is authorized, in the current 

20 fiscal year and subsequent fiscal years, to conduct a pilot 

21 program to license, construct, and operate one or more 

22 Federal consolidated storage facilities to provide interim 

23 storage as needed for spent nuclear fuel and high-level ra24 dioactive waste, with priority for storage given to spent 


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1 nuclear fuel located on sites without an operating nuclear 

2 reactor. 

3 (c) REQUESTS FOR PROPOSALS.—Not later than 120 

4 days after the date of enactment of this Act, the Secretary 

5 shall issue a request for proposals for cooperative agree6 ments— 

7 (1) to obtain any license necessary from the 

8 Nuclear Regulatory Commission for the construction 

9 of one or more consolidated storage facilities; 

10 (2) to demonstrate the safe transportation of 

11 spent nuclear fuel and high-level radioactive waste, 

12 as applicable; and 

13 (3) to demonstrate the safe storage of spent nu14 clear fuel and high-level radioactive waste, as appli15 cable, at the one or more consolidated storage facili16 ties pending the construction and operation of deep 

17 geologic disposal capacity for the permanent disposal 

18 of the spent nuclear fuel. 

19 (d) CONSENT-BASED APPROVAL.—Prior to siting a 

20 consolidated storage facility pursuant to this section, the 

21 Secretary shall enter into an agreement to host the facility 

22 with— 

23 (1) the Governor of the State; 


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1 (2) each unit of local government within the ju2 risdiction of which the facility is proposed to be lo3 cated; and 

4 (3) each affected Indian tribe. 

5 (e) APPLICABILITY.—In executing this section, the 

6 Secretary shall comply with— 

7 (1) all licensing requirements and regulations of 

8 the Nuclear Regulatory Commission; and 

9 (2) all other applicable laws (including regula10 tions). 

11 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

12 after the date on which the Secretary issues the request 

13 for proposals under subsection (c), the Secretary shall sub14 mit to Congress a plan to carry out this section that in15 cludes— 

16 (1) an estimate of the cost of licensing, con17 structing, and operating a consolidated storage facil18 ity, including the transportation costs, on an annual 

19 basis, over the expected lifetime of the facility; 

20 (2) a schedule for— 

21 (A) obtaining any license necessary to con22 struct and operate a consolidated storage facil23 ity from the Nuclear Regulatory Commission; 

24 (B) constructing the facility; 


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1 (C) transporting spent fuel to the facility; 

2 and 

3 (D) removing the spent fuel and decom4 missioning the facility; 

5 (3) an estimate of the cost of any financial as6 sistance, compensation, or incentives proposed to be 

7 paid to the host State, Indian tribe, or local govern8 ment; 

9 (4) an estimate of any future reductions in the 

10 damages expected to be paid by the United States 

11 for the delay of the Department of Energy in accept12 ing spent fuel expected to result from the pilot pro13 gram; 

14 (5) recommendations for any additional legisla15 tion needed to authorize and implement the pilot 

16 program; and 

17 (6) recommendations for a mechanism to en18 sure that any spent nuclear fuel or high-level radio19 active waste stored at a consolidated storage facility 

20 pursuant to this section shall move to deep geologic 

21 disposal capacity, following a consent-based approval 

22 process for that deep geologic disposal capacity con23 sistent with subsection (d), within a reasonable time 

24 after the issuance of a license to construct and oper25 ate the consolidated storage facility. 


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1 (g) PUBLIC PARTICIPATION.—Prior to choosing a 

2 site for the construction of a consolidated storage facility 

3 under this section, the Secretary shall conduct one or more 

4 public hearings in the vicinity of each potential site and 

5 in at least one other location within the State in which 

6 the site is located to solicit public comments and rec7 ommendations. 

8 (h) USE OF NUCLEAR WASTE FUND.—The Secretary 

9 may make expenditures from the Nuclear Waste Fund to 

10 carry out this section, subject to appropriations. 


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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, as amended, notwithstanding 40 U.S.C. 14704, and 

7 for expenses necessary for the Federal Co-Chairman and 

8 the Alternate on the Appalachian Regional Commission, 

9 for payment of the Federal share of the administrative ex10 penses of the Commission, including services as authorized 

11 by 5 U.S.C. 3109, and hire of passenger motor vehicles, 

12 $200,000,000, to remain available until expended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

17 by the Atomic Energy Act of 1954, as amended by Public 

18 Law 100–456, section 1441, $41,936,000, to remain 

19 available until September 30, 2024. 

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For expenses necessary for the Delta Regional Au23 thority and to carry out its activities, as authorized by 

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1 standing sections 382F(d), 382M, and 382N of said Act, 

2 $30,100,000, to remain available until expended. 

3 DENALI COMMISSION

4 For expenses necessary for the Denali Commission 

5 including the purchase, construction, and acquisition of 

6 plant and capital equipment as necessary and other ex7 penses, $17,000,000, to remain available until expended, 

8 notwithstanding the limitations contained in section 

9 306(g) of the Denali Commission Act of 1998: Provided, 

10 That funds shall be available for construction projects for 

11 which the Denali Commission is the sole or primary fund12 ing source in an amount not to exceed 80 percent of total 

13 project cost for distressed communities, as defined by sec14 tion 307 of the Denali Commission Act of 1998 (division 

15 C, title III, Public Law 105–277), as amended by section 

16 701 of appendix D, title VII, Public Law 106–113 (113 

17 Stat. 1501A–280), and an amount not to exceed 50 per18 cent for non-distressed communities: Provided further, 

19 That notwithstanding any other provision of law regarding 

20 payment of a non-Federal share in connection with a 

21 grant-in-aid program, amounts under this heading shall 

22 be available for the payment of such a non-Federal share 

23 for any project for which the Denali Commission is not 

24 the sole or primary funding source, provided that such 

25 project is consistent with the purposes of the Commission. 


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1 NORTHERN BORDER REGIONAL COMMISSION

2 For expenses necessary for the Northern Border Re3 gional Commission in carrying out activities authorized by 

4 subtitle V of title 40, United States Code, $40,000,000, 

5 to remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

7 notwithstanding section 15751(b) of title 40, United 

8 States Code. 

9 SOUTHEAST CRESCENT REGIONAL COMMISSION

10 For expenses necessary for the Southeast Crescent 

11 Regional Commission in carrying out activities authorized 

12 by subtitle V of title 40, United States Code, $7,000,000, 

13 to remain available until expended. 

14 SOUTHWEST BORDER REGIONAL COMMISSION

15 For expenses necessary for the Southwest Border Re16 gional Commission in carrying out activities authorized by 

17 subtitle V of title 40, United States Code, $5,000,000, to 

18 remain available until expended. 

19 NUCLEAR REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary for the Commission in car22 rying out the purposes of the Energy Reorganization Act 

23 of 1974 and the Atomic Energy Act of 1954, 

24 $911,384,000, including official representation expenses 

25 not to exceed $25,000, to remain available until expended: 


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1 Provided, That of the amount appropriated herein, not 

2 more than $9,500,000 may be made available for salaries, 

3 travel, and other support costs for the Office of the Com4 mission, to remain available until September 30, 2024: 

5 Provided further, That revenues from licensing fees, in6 spection services, and other services and collections esti7 mated at $777,498,000 in fiscal year 2023 shall be re8 tained and used for necessary salaries and expenses in this 

9 account, notwithstanding 31 U.S.C. 3302, and shall re10 main available until expended: Provided further, That the 

11 sum herein appropriated shall be reduced by the amount 

12 of revenues received during fiscal year 2023 so as to result 

13 in a final fiscal year 2023 appropriation estimated at not 

14 more than $133,886,000. 

15 OFFICE OF INSPECTOR GENERAL

16 For expenses necessary for the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $15,769,000, to remain available 

19 until September 30, 2024: Provided, That revenues from 

20 licensing fees, inspection services, and other services and 

21 collections estimated at $12,655,000 in fiscal year 2023 

22 shall be retained and be available until September 30, 

23 2024, for necessary salaries and expenses in this account, 

24 notwithstanding section 3302 of title 31, United States 

25 Code: Provided further, That the sum herein appropriated 


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1 shall be reduced by the amount of revenues received dur2 ing fiscal year 2023 so as to result in a final fiscal year 

3 2023 appropriation estimated at not more than 

4 $3,114,000: Provided further, That of the amounts appro5 priated under this heading, $1,520,000 shall be for In6 spector General services for the Defense Nuclear Facilities 

7 Safety Board. 

8 NUCLEAR WASTE TECHNICAL REVIEW BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the Nuclear Waste Tech11 nical Review Board, as authorized by Public Law 100– 

12 203, section 5051, $3,945,000, to be derived from the Nu13 clear Waste Fund, to remain available until September 30, 

14 2024. 

15 GENERAL PROVISIONS—INDEPENDENT 

16 AGENCIES 

17 SEC. 401. The Nuclear Regulatory Commission shall 

18 comply with the July 5, 2011, version of Chapter VI of 

19 its Internal Commission Procedures when responding to 

20 Congressional requests for information, consistent with 

21 Department of Justice guidance for all Federal agencies. 

22 SEC. 402. (a) The amounts made available by this 

23 title for the Nuclear Regulatory Commission may be re24 programmed for any program, project, or activity, and the 

25 Commission shall notify the Committees on AppropriaVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 tions of both Houses of Congress at least 30 days prior 

2 to the use of any proposed reprogramming that would 

3 cause any program funding level to increase or decrease 

4 by more than $500,000 or 10 percent, whichever is less, 

5 during the time period covered by this Act. 

6 (b)(1) The Nuclear Regulatory Commission may 

7 waive the notification requirement in subsection (a) if 

8 compliance with such requirement would pose a substan9 tial risk to human health, the environment, welfare, or na10 tional security. 

11 (2) The Nuclear Regulatory Commission shall notify 

12 the Committees on Appropriations of both Houses of Con13 gress of any waiver under paragraph (1) as soon as prac14 ticable, but not later than 3 days after the date of the 

15 activity to which a requirement or restriction would other16 wise have applied. Such notice shall include an explanation 

17 of the substantial risk under paragraph (1) that permitted 

18 such waiver and shall provide a detailed report to the 

19 Committees of such waiver and changes to funding levels 

20 to programs, projects, or activities. 

21 (c) Except as provided in subsections (a), (b), and 

22 (d), the amounts made available by this title for ‘‘Nuclear 

23 Regulatory Commission—Salaries and Expenses’’ shall be 

24 expended as directed in the explanatory statement accom25 panying this Act. 


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1 (d) None of the funds provided for the Nuclear Regu2 latory Commission shall be available for obligation or ex3 penditure through a reprogramming of funds that in4 creases funds or personnel for any program, project, or 

5 activity for which funds are denied or restricted by this 

6 Act. 

7 (e) The Commission shall provide a monthly report 

8 to the Committees on Appropriations of both Houses of 

9 Congress, which includes the following for each program, 

10 project, or activity, including any prior year appropria11 tions— 

12 (1) total budget authority; 

13 (2) total unobligated balances; and 

14 (3) total unliquidated obligations. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 501. None of the funds appropriated by this Act 

5 may be used in any way, directly or indirectly, to influence 

6 congressional action on any legislation or appropriation 

7 matters pending before Congress, other than to commu8 nicate to Members of Congress as described in 18 U.S.C. 

9 1913. 

10 SEC. 502. (a) None of the funds made available in 

11 title III of this Act may be transferred to any department, 

12 agency, or instrumentality of the United States Govern13 ment, except pursuant to a transfer made by or transfer 

14 authority provided in this Act or any other appropriations 

15 Act for any fiscal year, transfer authority referenced in 

16 the explanatory statement accompanying this Act, or any 

17 authority whereby a department, agency, or instrumen18 tality of the United States Government may provide goods 

19 or services to another department, agency, or instrumen20 tality. 

21 (b) None of the funds made available for any depart22 ment, agency, or instrumentality of the United States 

23 Government may be transferred to accounts funded in title 

24 III of this Act, except pursuant to a transfer made by or 

25 transfer authority provided in this Act or any other approVerDate Sep 11 2014 23:28 Jul 28, 2022 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 priations Act for any fiscal year, transfer authority ref2 erenced in the explanatory statement accompanying this 

3 Act, or any authority whereby a department, agency, or 

4 instrumentality of the United States Government may 

5 provide goods or services to another department, agency, 

6 or instrumentality. 

7 (c) The head of any relevant department or agency 

8 funded in this Act utilizing any transfer authority shall 

9 submit to the Committees on Appropriations of both 

10 Houses of Congress a semiannual report detailing the 

11 transfer authorities, except for any authority whereby a 

12 department, agency, or instrumentality of the United 

13 States Government may provide goods or services to an14 other department, agency, or instrumentality, used in the 

15 previous 6 months and in the year-to-date. This report 

16 shall include the amounts transferred and the purposes 

17 for which they were transferred, and shall not replace or 

18 modify existing notification requirements for each author19 ity. 

20 SEC. 503. None of the funds made available by this 

21 Act may be used in contravention of Executive Order No. 

22 12898 of February 11, 1994 (Federal Actions to Address 

23 Environmental Justice in Minority Populations and Low24 Income Populations). 


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1 SEC. 504. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, Tribal, or local 

7 law enforcement agency or any other entity carrying out 

8 criminal investigations, prosecution, or adjudication activi9 ties. 

10 This Act may be cited as the ‘‘Energy and Water De11 velopment and Related Agencies Appropriations Act, 

12 2023’’. 

Æ 


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