II 

Calendar No. 115 

117TH CONGRESS 

1ST SESSION S. 2605 

[Report No. 117–36] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2022, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2021 

Mrs. FEINSTEIN, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2022, 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, 2022, and for other pur7 poses, namely: 
2 

•S 2605 RS

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, $153,000,000, to remain 

24 available until expended: Provided, That the Secretary 

25 shall not deviate from the work plan, once the plan has 
3 

•S 2605 RS

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); $3,002,003,000, to remain avail14 able until expended; of which $100,202,000, 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, except 

21 for McClellan-Kerr Arkansas River Navigation System, 

22 Three Rivers, Arkansas, which shall be 28 percent during 

23 the fiscal year covered by this Act, shall be derived from 

24 the Inland Waterways Trust Fund, except as otherwise 

25 specifically provided for in law. 
4 

•S 2605 RS

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, $380,000,000 to remain available until expended, 

6 of which $5,312,000, to be derived from the Harbor Main7 tenance Trust Fund, shall be to cover the Federal share 

8 of eligible operation and maintenance costs for inland har9 bors: Provided, That the Secretary shall not deviate from 

10 the work plan, once the plan has been submitted to the 

11 Committees on Appropriations of both Houses of Con12 gress. 

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, $4,682,797,000 to 
5 

•S 2605 RS

1 remain available until expended, of which $1,943,486,000, 

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 $50,000,000, 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 
6 

•S 2605 RS

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. 

10 REGULATORY PROGRAM

11 For expenses necessary for administration of laws 

12 pertaining to regulation of navigable waters and wetlands, 

13 $212,000,000, to remain available until September 30, 

14 2023. 

15 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

16 For expenses necessary to clean up contamination 

17 from sites in the United States resulting from work per18 formed as part of the Nation’s early atomic energy pro19 gram, $260,000,000, to remain available until expended. 

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For expenses necessary to prepare for flood, hurri22 cane, and other natural disasters and support emergency 

23 operations, repairs, and other activities in response to 

24 such disasters as authorized by law, $35,000,000, to re25 main available until expended. 
7 

•S 2605 RS

1 EXPENSES

2 For expenses necessary for the supervision and gen3 eral administration of the civil works program in the head4 quarters of the Corps of Engineers and the offices of the 

5 Division Engineers; and for costs of management and op6 eration of the Humphreys Engineer Center Support Activ7 ity, the Institute for Water Resources, the United States 

8 Army Engineer Research and Development Center, and 

9 the United States Army Corps of Engineers Finance Cen10 ter allocable to the civil works program, $216,000,000, to 

11 remain available until September 30, 2023, of which not 

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

13 representation purposes and only during the current fiscal 

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

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

16 works activities of the Office of the Chief of Engineers 

17 or the civil works executive direction and management ac18 tivities of the division offices: Provided further, That any 

19 Flood Control and Coastal Emergencies appropriation 

20 may be used to fund the supervision and general adminis21 tration of emergency operations, repairs, and other activi22 ties in response to any flood, hurricane, or other natural 

23 disaster. 
8 

•S 2605 RS

1 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

2 FOR CIVIL WORKS

3 For the Office of the Assistant Secretary of the Army 

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

5 $5,000,000, to remain available until September 30, 2023: 

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

7 may be obligated or expended until the Assistant Sec8 retary submits to the Committees on Appropriations of 

9 both Houses of Congress the report required under section 

10 101(d) of this Act and a work plan that allocates at least 

11 95 percent of the additional funding provided under each 

12 heading in this title, as designated under such heading in 

13 the report accompanying this Act, to specific programs, 

14 projects, or activities. 

15 WATER INFRASTRUCTURE FINANCE AND INNOVATION

16 PROGRAM ACCOUNT

17 For the cost of direct loans and for the cost of guar18 anteed loans, as authorized by the Water Infrastructure 

19 Finance and Innovation Act of 2014, $5,700,000, to re20 main available until expended, for safety projects to main21 tain, upgrade, and repair dams identified in the National 

22 Inventory of Dams with a primary owner type of state, 

23 local government, public utility, or private: Provided, That 

24 no project may be funded with amounts provided under 

25 this heading for a dam that is identified as jointly owned 
9 

•S 2605 RS

1 in the National Inventory of Dams and where one of those 

2 joint owners is the Federal Government: Provided further, 

3 That such costs, including the cost of modifying such 

4 loans, shall be as defined in section 502 of the Congres5 sional Budget Act of 1974: Provided further, That these 

6 funds are available to subsidize gross obligations for the 

7 principal amount of direct loans, including capitalized in8 terest, and total loan principal, including capitalized inter9 est, any part of which is to be guaranteed, not to exceed 

10 $570,000,000: Provided further, That within 30 days of 

11 enactment of this Act, the Secretary, in consultation with 

12 the Office of Management and Budget, shall transmit a 

13 report to the Committees on Appropriations of the House 

14 of Representatives and the Senate that provides: (1) an 

15 analysis of how subsidy rates will be determined for loans 

16 financed by appropriations provided under this heading in 

17 this Act; (2) a comparison of the factors that will be con18 sidered in estimating subsidy rates for loans financed 

19 under this heading in this Act with factors that will be 

20 considered in estimates of subsidy rates for other projects 

21 authorized by the Water Infrastructure Finance and Inno22 vation Act of 2014, including an analysis of how both sets 

23 of rates will be determined; and (3) an analysis of the 

24 process for developing draft regulations for the Water In25 frastructure Finance and Innovation program, including 
10 

•S 2605 RS

1 a crosswalk from the statutory requirements for such pro2 gram, and a timetable for publishing such regulations: 

3 Provided further, That the use of direct loans or loan guar4 antee authority under this heading for direct loans or com5 mitments to guarantee loans for any project shall be in 

6 accordance with the criteria published in the Federal Reg7 ister on June 30, 2020 (85 FR 39189) pursuant to the 

8 fourth proviso under the heading ‘‘Water Infrastructure 

9 Finance and Innovation Program Account’’ in division D 

10 of the Further Consolidated Appropriations Act, 2020 

11 (Public Law 116–94): Provided further, That none of the 

12 direct loans or loan guarantee authority made available 

13 under this heading shall be available for any project unless 

14 the Secretary and the Director of the Office of Manage15 ment and Budget have certified in advance in writing that 

16 the direct loan or loan guarantee, as applicable, and the 

17 project comply with the criteria referenced in the previous 

18 proviso: Provided further, That any references to the Envi19 ronmental Protection Agency (EPA) or the Administrator 

20 in the criteria referenced in the previous two provisos shall 

21 be deemed to be references to the Army Corps of Engi22 neers or the Secretary of the Army, respectively, for pur23 poses of the direct loans or loan guarantee authority made 

24 available under this heading: Provided further, That for 

25 the purposes of carrying out the Congressional Budget Act 
11 

•S 2605 RS

1 of 1974, the Director of the Congressional Budget Office 

2 may request, and the Secretary shall promptly provide, 

3 documentation and information relating to a project iden4 tified in a Letter of Interest submitted to the Secretary 

5 pursuant to a Notice of Funding Availability for applica6 tions for credit assistance under the Water Infrastructure 

7 Finance and Innovation Act Program, including with re8 spect to a project that was initiated or completed before 

9 the date of enactment of this Act. 

10 In addition, fees authorized to be collected pursuant 

11 to sections 5029 and 5030 of the Water Infrastructure 

12 Finance and Innovation Act of 2014 shall be deposited 

13 in this account, to remain available until expended. 

14 In addition, for administrative expenses to carry out 

15 the direct and guaranteed loan programs, notwithstanding 

16 section 5033 of the Water Infrastructure Finance and In17 novation Act of 2014, $8,500,000, to remain available 

18 until September 30, 2023. 

19 GENERAL PROVISIONS—CORPS OF 

20 ENGINEERS—CIVIL 

21 (INCLUDING TRANSFER OF FUNDS)

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

23 of this Act, or provided by previous appropriations Acts 

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

25 that remain available for obligation or expenditure in fiscal 
12 

•S 2605 RS

1 year 2022, shall be available for obligation or expenditure 

2 through a reprogramming of funds that: 

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

4 or activity; 

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

6 (3) increases funds or personnel for any pro7 gram, project, or activity for which funds have been 

8 denied or restricted by this Act, unless prior ap9 proval is received from the Committees on Appro10 priations of both Houses of Congress; 

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

12 activity for a different purpose, unless prior approval 

13 is received from the Committees on Appropriations 

14 of both Houses of Congress; 

15 (5) augments or reduces existing programs, 

16 projects, or activities in excess of the amounts con17 tained in paragraphs (6) through (10), unless prior 

18 approval is received from the Committees on Appro19 priations of both Houses of Congress; 

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

21 $100,000, reprogramming of 25 percent of the base 

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

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

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

25 $25,000: Provided further, That up to $25,000 may 
13 

•S 2605 RS

1 be reprogrammed into any continuing study or activ2 ity that did not receive an appropriation for existing 

3 obligations and concomitant administrative expenses; 

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

5 $2,000,000, reprogramming of 15 percent of the 

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

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

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

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

10 $3,000,000 may be reprogrammed for settled con11 tractor claims, changed conditions, or real estate de12 ficiency judgments: Provided further, That up to 

13 $300,000 may be reprogrammed into any continuing 

14 study or activity that did not receive an appropria15 tion for existing obligations and concomitant admin16 istrative expenses; 

17 (8) OPERATION AND MAINTENANCE.—Unlim18 ited reprogramming authority is granted for the 

19 Corps to be able to respond to emergencies: Pro20 vided, That the Chief of Engineers shall notify the 

21 Committees on Appropriations of both Houses of 

22 Congress of these emergency actions as soon there23 after as practicable: Provided further, That for a 

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

25 percent of the base amount up to a limit of 
14 

•S 2605 RS

1 $5,000,000 per project, study, or activity is allowed: 

2 Provided further, That for a base level less than 

3 $1,000,000, the reprogramming limit is $150,000: 

4 Provided further, That $150,000 may be repro5 grammed into any continuing study or activity that 

6 did not receive an appropriation; 

7 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

8 The reprogramming guidelines in paragraphs (6), 

9 (7), and (8) shall apply to the Investigations, Con10 struction, and Operation and Maintenance portions 

11 of the Mississippi River and Tributaries Account, re12 spectively; and 

13 (10) FORMERLY UTILIZED SITES REMEDIAL AC14 TION PROGRAM.—Reprogramming of up to 15 per15 cent of the base of the receiving project is permitted. 

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

17 should a reprogramming for less than $50,000 be sub18 mitted to the Committees on Appropriations of both 

19 Houses of Congress. 

20 (c) CONTINUING AUTHORITIES PROGRAM.—Sub21 section (a)(1) shall not apply to any project or activity 

22 funded under the continuing authorities program. 

23 (d) Not later than 60 days after the date of enact24 ment of this Act, the Secretary shall submit a report to 

25 the Committees on Appropriations of both Houses of Con-
15 

•S 2605 RS

1 gress to establish the baseline for application of re2 programming and transfer authorities for the current fis3 cal year which shall include: 

4 (1) A table for each appropriation with a sepa5 rate column to display the President’s budget re6 quest, adjustments made by Congress, adjustments 

7 due to enacted rescissions, if applicable, and the fis8 cal year enacted level; and 

9 (2) A delineation in the table for each appro10 priation both by object class and program, project 

11 and activity as detailed in the budget appendix for 

12 the respective appropriations; and 

13 (3) An identification of items of special congres14 sional interest. 

15 SEC. 102. The Secretary shall allocate funds made 

16 available in this Act solely in accordance with the provi17 sions of this Act and the report accompanying this Act. 

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

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

20 commits funds beyond the amounts appropriated for that 

21 program, project, or activity that remain unobligated, ex22 cept that such amounts may include any funds that have 

23 been made available through reprogramming pursuant to 

24 section 101. 
16 

•S 2605 RS

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

2 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

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

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

6 of Engineers projects. 

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

8 for an open lake placement alternative for dredged mate9 rial, after evaluating the least costly, environmentally ac10 ceptable manner for the disposal or management of 

11 dredged material originating from Lake Erie or tributaries 

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

13 certification pursuant to section 401 of the Federal Water 

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

15 until an open lake placement alternative for dredged mate16 rial is approved under a State water quality certification, 

17 the Corps of Engineers shall continue upland placement 

18 of such dredged material consistent with the requirements 

19 of section 101 of the Water Resources Development Act 

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

21 SEC. 106. Additional funding provided in this Act 

22 shall be allocated only to projects determined to be eligible 

23 by the Chief of Engineers. 
17 

•S 2605 RS

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, 2023, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2022, 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: 
18 

•S 2605 RS

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, $1,832,101,000 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 $40,000,000 shall be available for transfer into the Black18 feet Water Settlement Implementation Fund established 

19 by section 3717 of Public Law 114–322: Provided further, 

20 That $1,000,000 shall be available for transfer into the 

21 Aging Infrastructure Account established by section 

22 9603(d)(1) of the Omnibus Public Land Management Act 

23 of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided 

24 further, That such transfers may be increased or decreased 

25 within the overall appropriation under this heading: Pro-
19 

•S 2605 RS

1 vided further, That of the total appropriated, the amount 

2 for program activities that can be financed by the Rec3 lamation Fund, the Water Storage Enhancement Receipts 

4 account established by section 4011(e) of Public Law 

5 114–322, or the Bureau of Reclamation special fee ac6 count established by 16 U.S.C. 6806 shall be derived from 

7 that Fund or account: Provided further, That funds con8 tributed under 43 U.S.C. 395 are available until expended 

9 for the purposes for which the funds were contributed: 

10 Provided further, That funds advanced under 43 U.S.C. 

11 397a shall be credited to this account and are available 

12 until expended for the same purposes as the sums appro13 priated under this heading: Provided further, That of the 

14 amounts made available under this heading, $10,000,000 

15 shall be deposited in the San Gabriel Basin Restoration 

16 Fund established by section 110 of title 1 of appendix D 

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

18 amounts provided herein, funds may be used for high-pri19 ority projects which shall be carried out by the Youth Con20 servation Corps, as authorized by 16 U.S.C. 1706: Pro21 vided further, That within available funds, $250,000 shall 

22 be for grants and financial assistance for educational ac23 tivities: Provided further, That in accordance with section 

24 4007 of Public Law 114–322, funding provided for such 

25 purpose in fiscal years 2019, 2020, and 2021 shall be 
20 

•S 2605 RS

1 made available for the construction, pre-construction, or 

2 study of the North-of-the-Delta Off Stream Storage (Sites 

3 Reservoir Project), the Los Vaqueros Reservoir Phase 2 

4 Expansion Project, the B.F. Sisk Dam Raise and Res5 ervoir Expansion Project, and the Del Puerto Canyon Res6 ervoir, as recommended by the Secretary in the letter 

7 dated July 23, 2021: Provided further, That in accordance 

8 with section 4009(c) of Public Law 114–322, and as rec9 ommended by the Secretary in a letter dated July 23, 

10 2021, funding provided for such purpose in fiscal year 

11 2021 shall be made available to the El Paso Aquifer Stor12 age and Recovery Using Reclaimed Water Project, the 

13 Pure Water Soquel: Groundwater Replenishment and Sea14 water Intrusion Prevention Project, the North San Diego 

15 Water Reuse Coalition Project, the Pure Water Oceanside 

16 Project, City of Santa Fe Reuse Pipeline Project, the Re17 plenish Big Bear Project, the Central Coast Blue: Recy18 cled Water Project, the Harvest Water Program, the East 

19 County Advanced Water Purification Program: Phase 

20 Two, the Ventura Water Pure Program, and the San Juan 

21 Watershed Project: Provided further, That in accordance 

22 with section 4009(a) of Public Law 114–322, and as rec23 ommended by the Secretary in a letter dated July 23, 

24 2021, funding provided for such purpose in fiscal year 

25 2021 shall be made available to the North Pleasant Valley 
21 

•S 2605 RS

1 Desalter Facility, the Mission Basin Groundwater Purifi2 cation Facility Well Expansion and Brine Minimization 

3 Project, the Los Robles Desalter Project and the Regional 

4 Brackish Water Reclamation Program. 

5 CENTRAL VALLEY PROJECT RESTORATION FUND

6 For carrying out the programs, projects, plans, habi7 tat restoration, improvement, and acquisition provisions of 

8 the Central Valley Project Improvement Act, $56,499,000, 

9 to be derived from such sums as may be collected in the 

10 Central Valley Project Restoration Fund pursuant to sec11 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

12 102–575, to remain available until expended: Provided, 

13 That the Bureau of Reclamation is directed to assess and 

14 collect the full amount of the additional mitigation and 

15 restoration payments authorized by section 3407(d) of 

16 Public Law 102–575: Provided further, That none of the 

17 funds made available under this heading may be used for 

18 the acquisition or leasing of water for in-stream purposes 

19 if the water is already committed to in-stream purposes 

20 by a court adopted decree or order. 

21 CALIFORNIA BAY-DELTA RESTORATION

22 (INCLUDING TRANSFERS OF FUNDS)

23 For carrying out activities authorized by the Water 

24 Supply, Reliability, and Environmental Improvement Act, 

25 consistent with plans to be approved by the Secretary of 
22 

•S 2605 RS

1 the Interior, $33,000,000, to remain available until ex2 pended, of which such amounts as may be necessary to 

3 carry out such activities may be transferred to appropriate 

4 accounts of other participating Federal agencies to carry 

5 out authorized purposes: Provided, That funds appro6 priated herein may be used for the Federal share of the 

7 costs of CALFED Program management: Provided fur8 ther, That CALFED implementation shall be carried out 

9 in a balanced manner with clear performance measures 

10 demonstrating concurrent progress in achieving the goals 

11 and objectives of the Program. 

12 POLICY AND ADMINISTRATION

13 For expenses necessary for policy, administration, 

14 and related functions in the Office of the Commissioner, 

15 the Denver office, and offices in the six regions of the Bu16 reau of Reclamation, to remain available until September 

17 30, 2023, $64,400,000, to be derived from the Reclama18 tion Fund and be nonreimbursable as provided in 43 

19 U.S.C. 377: Provided, That no part of any other appro20 priation in this Act shall be available for activities or func21 tions budgeted as policy and administration expenses. 

22 ADMINISTRATIVE PROVISION

23 Appropriations for the Bureau of Reclamation shall 

24 be available for purchase and replacement of motor vehi25 cles and to provide necessary charging infrastructure. 
23 

•S 2605 RS

1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

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

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

5 by previous or subsequent appropriations Acts to the agen6 cies or entities funded in title II of this Act for Water 

7 and Related Resources that remain available for obligation 

8 or expenditure in fiscal year 2022, shall be available for 

9 obligation or expenditure through a reprogramming of 

10 funds that— 

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

12 or activity; 

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

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

15 activity for which funds have been denied or re16 stricted by this Act, unless prior approval is received 

17 from the Committees on Appropriations of both 

18 Houses of Congress; 

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

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

21 unless prior approval is received from the Commit22 tees on Appropriations of both Houses of Congress; 

23 (5) transfers funds in excess of the following 

24 limits, unless prior approval is received from the 
24 

•S 2605 RS

1 Committees on Appropriations of both Houses of 

2 Congress: 

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

4 activity for which $2,000,000 or more is avail5 able at the beginning of the fiscal year; or 

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

7 activity for which less than $2,000,000 is avail8 able at the beginning of the fiscal year; 

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

10 the Facilities Operation, Maintenance, and Rehabili11 tation category or the Resources Management and 

12 Development category to any program, project, or 

13 activity in the other category, unless prior approval 

14 is received from the Committees on Appropriations 

15 of both Houses of Congress; or 

16 (7) transfers, where necessary to discharge legal 

17 obligations of the Bureau of Reclamation, more than 

18 $5,000,000 to provide adequate funds for settled 

19 contractor claims, increased contractor earnings due 

20 to accelerated rates of operations, and real estate de21 ficiency judgments, unless prior approval is received 

22 from the Committees on Appropriations of both 

23 Houses of Congress. 
25 

•S 2605 RS

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

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

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

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

6 project, or activity. 

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

8 amounts made available in this title under the heading 

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

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

11 specified in the ‘‘Senate Recommended’’ columns in the 

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

13 heading ‘‘Title II—Department of the Interior’’ in the re14 port accompanying this Act. 

15 (e) The Bureau of Reclamation shall submit reports 

16 on a quarterly basis to the Committees on Appropriations 

17 of both Houses of Congress detailing all the funds repro18 grammed between programs, projects, activities, or cat19 egories of funding. The first quarterly report shall be sub20 mitted not later than 60 days after the date of enactment 

21 of this Act. 

22 SEC. 202. (a) None of the funds appropriated or oth23 erwise made available by this Act may be used to deter24 mine the final point of discharge for the interceptor drain 

25 for the San Luis Unit until development by the Secretary 
26 

•S 2605 RS

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

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the En4 vironmental Protection Agency, to minimize any detri5 mental effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup 

7 Program and the costs of the San Joaquin Valley Drain8 age Program shall be classified by the Secretary of the 

9 Interior as reimbursable or nonreimbursable and collected 

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

11 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter12 native Repayment Plan’’ described in the report entitled 

13 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro14 gram and San Joaquin Valley Drainage Program, Feb15 ruary 1995’’, prepared by the Department of the Interior, 

16 Bureau of Reclamation. Any future obligations of funds 

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

18 service or drainage studies for the San Luis Unit shall 

19 be fully reimbursable by San Luis Unit beneficiaries of 

20 such service or studies pursuant to Federal reclamation 

21 law. 

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

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

24 amended by striking ‘‘$610,000,000’’ and inserting 

25 ‘‘$730,000,000’’. 
27 

•S 2605 RS

1 SEC. 204. Title I of Public Law 108–361 (the 

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

3 as amended by section 4007(k) of Public Law 114–322, 

4 is amended by striking ‘‘2021’’ each place it appears and 

5 inserting ‘‘2022’’. 

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

7 (Omnibus Public Land Management Act of 2009) is 

8 amended by striking ‘‘2021’’ and inserting ‘‘2022’’. 

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

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

11 2214(c)) is amended by striking ‘‘2021’’ and inserting 

12 ‘‘2022’’. 

13 (b) Section 301 of the Reclamation States Emergency 

14 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

15 by striking ‘‘2021’’ and inserting ‘‘2022’’. 

16 SEC. 207. Section 1101(d) of the Reclamation 

17 Projects Authorization and Adjustment Act of 1992 (Pub18 lic Law 102–575) is amended by striking ‘‘$10,000,000’’ 

19 and inserting ‘‘$13,000,000’’. 
28 

•S 2605 RS

1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for energy 

8 efficiency and renewable energy activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $3,896,971,000 to remain available until expended: Pro14 vided, That of such amount, $220,000,000 shall be avail15 able until September 30, 2023, for program direction: Pro16 vided further, That of the amount appropriated in this 

17 paragraph, $77,047,000 shall be used for projects speci18 fied in the table that appears under the heading ‘‘Congres19 sionally Directed Spending Energy Efficiency and Renew20 able Energy Projects’’ in the report of the Committee on 

21 Appropriations of the United States Senate to accompany 

22 this Act. 
29 

•S 2605 RS

1 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

2 RESPONSE

3 For Department of Energy expenses including the 

4 purchase, construction, and acquisition of plant and cap5 ital equipment, and other expenses necessary for energy 

6 sector cybersecurity, energy security, and emergency re7 sponse activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $177,000,000, to remain 

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

13 $14,000,000 shall be available until September 30, 2023, 

14 for program direction: Provided further, That of the 

15 amount appropriated in this paragraph, $5,000,000 shall 

16 be used for projects specified in the table that appears 

17 under the heading ‘‘Congressionally Directed Spending 

18 Cybersecurity, Energy Security, and Emergency Response 

19 Projects’’ in the report of the Committee on Appropria20 tions of the United States Senate to accompany this Act. 

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 De-
30 

•S 2605 RS

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, $303,000,000, to remain 

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

6 $20,000,000 shall be available until September 30, 2023, 

7 for program direction: Provided further, That of the 

8 amount appropriated in this paragraph, $2,850,000 shall 

9 be used for projects specified in the table that appears 

10 under the heading ‘‘Congressionally Directed Spending 

11 Electricity Projects’’ in the report of the Committee on 

12 Appropriations of the United States Senate to accompany 

13 this Act. 

14 NUCLEAR ENERGY

15 For Department of Energy expenses including the 

16 purchase, construction, and acquisition of plant and cap17 ital equipment, and other expenses necessary for nuclear 

18 energy activities in carrying out the purposes of the De19 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

21 real property or any facility or for plant or facility acquisi22 tion, construction, or expansion, $1,590,800,000, to re23 main available until expended: Provided, That of such 

24 amount, $85,000,000 shall be available until September 

25 30, 2023, for program direction: Provided further, That 
31 

•S 2605 RS

1 section 954(a)(6) of the Energy Policy Act of 2005, as 

2 amended, shall not apply to amounts appropriated under 

3 this heading. 

4 FOSSIL ENERGY AND CARBON MANAGEMENT

5 For Department of Energy expenses necessary in car6 rying out fossil energy and carbon management research 

7 and development activities, under the authority of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition of interest, including defea10 sible and equitable interests in any real property or any 

11 facility or for plant or facility acquisition or expansion, 

12 and for conducting inquiries, technological investigations 

13 and research concerning the extraction, processing, use, 

14 and disposal of mineral substances without objectionable 

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

16 1603), $850,000,000, to remain available until expended: 

17 Provided, That of such amount $65,800,000 shall be avail18 able until September 30, 2023, for program direction: Pro19 vided further, That of the amount appropriated in this 

20 paragraph, $20,199,000 shall be used for projects speci21 fied in the table that appears under the heading ‘‘Congres22 sionally Directed Spending Fossil Energy and Carbon 

23 Management Projects’’ in the report of the Committee on 

24 Appropriations of the United States Senate to accompany 

25 this Act. 
32 

•S 2605 RS

1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For Department of Energy expenses necessary to 

3 carry out naval petroleum and oil shale reserve activities, 

4 $13,650,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 unobligated funds remaining from prior years shall be 

7 available for all naval petroleum and oil shale reserve ac8 tivities. 

9 STRATEGIC PETROLEUM RESERVE

10 For Department of Energy expenses necessary for 

11 Strategic Petroleum Reserve facility development and op12 erations and program management activities pursuant to 

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

14 et seq.), $197,000,000, to remain available until expended: 

15 Provided, That notwithstanding sections 161 and 167 of 

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

17 6247), the Secretary of Energy shall draw down and sell 

18 one million barrels of refined petroleum product from the 

19 Strategic Petroleum Reserve during fiscal year 2022: Pro20 vided further, That all proceeds from such sale shall be 

21 deposited into the general fund of the Treasury during fis22 cal year 2022: Provided further, That upon the completion 

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

24 the Northeast Gasoline Supply Reserve. 
33 

•S 2605 RS

1 SPR PETROLEUM ACCOUNT

2 For the acquisition, transportation, and injection of 

3 petroleum products, and for other necessary expenses pur4 suant to the Energy Policy and Conservation Act of 1975, 

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

6 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

7 6241, 6239 note), and section 5010 of the 21st Century 

8 Cures Act (Public Law 114–255), $7,350,000, to remain 

9 available until expended. 

10 NORTHEAST HOME HEATING OIL RESERVE

11 For Department of Energy expenses necessary for 

12 Northeast Home Heating Oil Reserve storage, operation, 

13 and management activities pursuant to the Energy Policy 

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

15 $6,500,000, to remain available until expended. 

16 ENERGY INFORMATION ADMINISTRATION

17 For Department of Energy expenses necessary in car18 rying out the activities of the Energy Information Admin19 istration, $129,087,000, to remain available until ex20 pended. 

21 NON-DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the 
34 

•S 2605 RS

1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

4 or facility acquisition, construction, or expansion, 

5 $338,863,000, to remain available until expended: Pro6 vided, That, in addition, fees collected pursuant to sub7 section (b)(1) of section 6939f of title 42, United States 

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

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

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

11 expended, for mercury storage costs. 

12 URANIUM ENRICHMENT DECONTAMINATION AND

13 DECOMMISSIONING FUND

14 For Department of Energy expenses necessary in car15 rying out uranium enrichment facility decontamination 

16 and decommissioning, remedial actions, and other activi17 ties of title II of the Atomic Energy Act of 1954, and 

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

19 $860,000,000, to be derived from the Uranium Enrich20 ment Decontamination and Decommissioning Fund, to re21 main available until expended, of which $16,155,000 shall 

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

23 Energy Policy Act of 1992. 
35 

•S 2605 RS

1 SCIENCE

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for science 

5 activities in carrying out the purposes of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or any facility or for plant or facility acquisition, con9 struction, or expansion, and purchase of not more than 

10 35 passenger motor vehicles for replacement only, 

11 $7,490,000,000, to remain available until expended: Pro12 vided, That of such amount, $202,000,000 shall be avail13 able until September 30, 2023, for program direction. 

14 NUCLEAR WASTE DISPOSAL

15 For Department of Energy expenses necessary for 

16 nuclear waste disposal activities to carry out the purposes 

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

18 425, as amended, including interim storage activities, 

19 $27,500,000, to remain available until expended, of which 

20 $7,500,000 shall be derived from the Nuclear Waste 

21 Fund. 

22 TECHNOLOGY TRANSITIONS

23 For Department of Energy expenses necessary for 

24 carrying out the activities of technology transitions, 

25 $19,470,000, to remain available until expended: Pro-
36 

•S 2605 RS

1 vided, That of such amount, $8,375,000 shall be available 

2 until September 30, 2023, for program direction. 

3 CLEAN ENERGY DEMONSTRATIONS

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for clean en7 ergy demonstrations in carrying out the purposes of the 

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

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

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $100,000,000, to remain 

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

13 $8,400,000 shall be available until September 30, 2023, 

14 for program direction. 

15 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

16 For Department of Energy expenses necessary in car17 rying out the activities authorized by section 5012 of the 

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

19 $500,000,000, to remain available until expended: Pro20 vided, That of such amount, $37,000,000 shall be avail21 able until September 30, 2023, for program direction. 

22 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

23 PROGRAM

24 Such sums as are derived from amounts received 

25 from borrowers pursuant to section 1702(b) of the Energy 
37 

•S 2605 RS

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

2 be collected in accordance with section 502(7) of the Con3 gressional Budget Act of 1974: Provided, That for nec4 essary administrative expenses of the Title 17 Innovative 

5 Technology Loan Guarantee Program, as authorized, 

6 $32,000,000 is appropriated, to remain available until 

7 September 30, 2023: Provided further, That up to 

8 $32,000,000 of fees collected in fiscal year 2022 pursuant 

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

10 be credited as offsetting collections under this heading and 

11 used for necessary administrative expenses in this appro12 priation and shall remain available until September 30, 

13 2023: Provided further, That to the extent that fees col14 lected in fiscal year 2022 exceed $32,000,000, those ex15 cess amounts shall be credited as offsetting collections 

16 under this heading and available in future fiscal years only 

17 to the extent provided in advance in appropriations Acts: 

18 Provided further, That the sum herein appropriated from 

19 the general fund shall be reduced (1) as such fees are re20 ceived during fiscal year 2022 (estimated at $3,000,000) 

21 and (2) to the extent that any remaining general fund ap22 propriations can be derived from fees collected in previous 

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

24 result in a final fiscal year 2022 appropriation from the 

25 general fund estimated at $0: Provided further, That the 
38 

•S 2605 RS

1 Department of Energy shall not subordinate any loan obli2 gation to other financing in violation of section 1702 of 

3 the Energy Policy Act of 2005 or subordinate any Guaran4 teed Obligation to any loan or other debt obligations in 

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

6 Regulations. 

7 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

8 LOAN PROGRAM

9 For Department of Energy administrative expenses 

10 necessary in carrying out the Advanced Technology Vehi11 cles Manufacturing Loan Program, $5,000,000, to remain 

12 available until September 30, 2023. 

13 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

14 For Department of Energy administrative expenses 

15 necessary in carrying out the Tribal Energy Loan Guar16 antee Program, $2,000,000, to remain available until Sep17 tember 30, 2023: Provided, That in this fiscal year and 

18 subsequent fiscal years, under section 3502(c) of title 25, 

19 United States Code, the Secretary of Energy may provide 

20 direct loans, as defined in section 661a of title 2, United 

21 States Code: Provided further, That any funds previously 

22 appropriated for the cost of loan guarantees under section 

23 3502(c) of title 25, United States Code, may also be used 

24 for the cost of direct loans provided under such section 

25 of such title. 
39 

•S 2605 RS

1 OFFICE OF 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.), $122,000,000, 

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

6 amount appropriated under this heading, $5,523,000 shall 

7 be available until September 30, 2023, for program direc8 tion. 

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.), $343,578,000, to 

14 remain available until September 30, 2023, including the 

15 hire of passenger motor vehicles and official reception and 

16 representation expenses not to exceed $30,000, plus such 

17 additional amounts as necessary to cover increases in the 

18 estimated amount of cost of work for others notwith19 standing the provisions of the Anti-Deficiency Act (31 

20 U.S.C. 1511 et seq.): Provided, That such increases in 

21 cost of work are offset by revenue increases of the same 

22 or greater amount: Provided further, That moneys received 

23 by the Department for miscellaneous revenues estimated 

24 to total $100,578,000 in fiscal year 2022 may be retained 

25 and used for operating expenses within this account, as 
40 

•S 2605 RS

1 authorized by section 201 of Public Law 95–238, notwith2 standing the provisions of 31 U.S.C. 3302: Provided fur3 ther, That the sum herein appropriated shall be reduced 

4 as collections are received during the fiscal year so as to 

5 result in a final fiscal year 2022 appropriation from the 

6 general fund estimated at not more than $243,000,000. 

7 OFFICE OF THE INSPECTOR GENERAL

8 For expenses necessary for the Office of the Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978, $78,000,000, to remain available 

11 until September 30, 2023. 

12 ATOMIC ENERGY DEFENSE ACTIVITIES 

13 NATIONAL NUCLEAR SECURITY 

14 ADMINISTRATION 

15 WEAPONS ACTIVITIES

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other incidental expenses necessary for 

19 atomic energy defense weapons activities in carrying out 

20 the purposes of the Department of Energy Organization 

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

22 condemnation of any real property or any facility or for 

23 plant or facility acquisition, construction, or expansion, 

24 and the purchase of not to exceed one ambulance, for re25 placement only, $15,484,295,000, to remain available 
41 

•S 2605 RS

1 until expended: Provided, That of such amount, 

2 $117,060,000 shall be available until September 30, 2023, 

3 for program direction. 

4 DEFENSE NUCLEAR NONPROLIFERATION

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other incidental expenses necessary for 

8 defense nuclear nonproliferation activities, in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $2,264,000,000, to remain available until expended. 

14 NAVAL REACTORS

15 (INCLUDING TRANSFER OF FUNDS)

16 For Department of Energy expenses necessary for 

17 naval reactors activities to carry out the Department of 

18 Energy Organization Act (42 U.S.C. 7101 et seq.), includ19 ing the acquisition (by purchase, condemnation, construc20 tion, or otherwise) of real property, plant, and capital 

21 equipment, facilities, and facility expansion, 

22 $1,840,505,000, to remain available until expended, of 

23 which, $89,108,000 shall be transferred to ‘‘Department 

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

25 Advanced Test Reactor: Provided, That of such amount, 
42 

•S 2605 RS

1 $55,579,000 shall be available until September 30, 2023, 

2 for program direction. 

3 FEDERAL SALARIES AND EXPENSES

4 For expenses necessary for Federal Salaries and Ex5 penses in the National Nuclear Security Administration, 

6 $453,000,000, to remain available until September 30, 

7 2023, including official reception and representation ex8 penses not to exceed $17,000. 

9 ENVIRONMENTAL AND OTHER DEFENSE 

10 ACTIVITIES 

11 DEFENSE ENVIRONMENTAL CLEANUP

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 environmental cleanup activities in car16 rying out the purposes of the Department of Energy Orga17 nization Act (42 U.S.C. 7101 et seq.), including the acqui18 sition or condemnation of any real property or any facility 

19 or for plant or facility acquisition, construction, or expan20 sion, and the purchase of not to exceed 1 passenger 

21 minivan for replacement only, $6,510,000,000, to remain 

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

23 $297,000,000 shall be available until September 30, 2023, 

24 for program direction. 
43 

•S 2605 RS

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, $860,000,000, 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, $930,400,000, to remain available 

21 until expended: Provided, That of such amount, 

22 $317,636,000 shall be available until September 30, 2023, 

23 for program direction. 
44 

•S 2605 RS

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 2022, 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, $7,184,000, 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 $7,184,000 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 
45 

•S 2605 RS

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 2022 appropriation estimated at not more than 

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

7 3302, up to $74,986,000 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 Con-
46 

•S 2605 RS

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

2 Southwestern Power Administration, $48,324,000, 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 $37,924,000 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 2022 appropriation estimated at not 

15 more than $10,400,000: 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). 
47 

•S 2605 RS

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, $285,237,0000, including official reception and rep9 resentation expenses in an amount not to exceed $1,500, 

10 to remain available until expended, of which $285,237,000 

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 $194,465,000 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 2022 appropriation esti25 mated at not more than $90,772,000, of which 
48 

•S 2605 RS

1 $90,772,000 is derived from the Reclamation Fund: Pro2 vided further, That notwithstanding 31 U.S.C. 3302, up 

3 to $316,000,000 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, $5,808,000, 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 $5,580,000 collected by the Western Area Power Adminis25 tration from the sale of power and related services from 
49 

•S 2605 RS

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 2022 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 2022, the 

14 Administrator of the Western Area Power Administration 

15 may accept up to $1,737,000 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, maintain-
50 

•S 2605 RS

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 $466,426,000, to remain available until expended: Pro14 vided, That notwithstanding any other provision of law, 

15 not to exceed $466,426,000 of revenues from fees and an16 nual charges, and other services and collections in fiscal 

17 year 2022 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 2022 so as to result in a 

22 final fiscal year 2022 appropriation from the general fund 

23 estimated at not more than $0. 
51 

•S 2605 RS

1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 made available by this title for the Department of Energy 

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

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

9 Quotations, Requests for Information, and Funding Op10 portunity Announcements) for a program, project, or ac11 tivity if the program, project, or activity has not been 

12 funded by Congress. 

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

14 Committees on Appropriations of both Houses of Congress 

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

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

18 grant award totaling $1,000,000 or more; 

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 

21 or more, including a contract covered by the Federal 

22 Acquisition Regulation; 

23 (C) issue a letter of intent to make an alloca24 tion, award, or Agreement in excess of the limits in 

25 subparagraph (A) or (B); or 
52 

•S 2605 RS

1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the lim3 its 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 during the 

9 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. 

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— 
53 

•S 2605 RS

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 ‘‘Final Bill’’ column in the ‘‘De14 partment of Energy’’ table included under the heading 

15 ‘‘Title III—Department of Energy’’ in the report accom16 panying 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. 
54 

•S 2605 RS

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. 
55 

•S 2605 RS

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 2022 until the enactment of the Intel14 ligence Authorization Act for fiscal year 2022. 

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 
56 

•S 2605 RS

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) IN GENERAL.—The Secretary shall es10 tablish an experienced worker program, to be known as 

11 ‘‘Department of Energy Experienced Worker Program’’, 

12 for the purpose of awarding grants and entering into coop13 erative agreements under subsection (b) for the purpose 

14 of using the talents of individuals in the United States 

15 who are age 55 or older and are not employees of the De16 partment to provide technical, professional and adminis17 trative services to support the mission of the Department 

18 of Energy. 

19 (b) GRANTS AND COOPERATIVE AGREEMENTS.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law relating to Federal grants and coop22 erative agreements, the Secretary may make grants 

23 to, or enter into cooperative agreements with, pri24 vate national nonprofit organizations eligible to re25 ceive grants under title V of the Older Americans 
57 

•S 2605 RS

1 Act of 1965 (42 U.S.C. 3056 et seq.) to use the tal2 ents of individuals in the United States who are age 

3 55 or older in programs authorized by other provi4 sions of law administered by the Secretary and con5 sistent with such provisions of law. 

6 (2) REQUIREMENTS.—Prior to awarding a 

7 grant or entering into a cooperative agreement 

8 under paragraph (1), the Secretary shall ensure that 

9 the grant or cooperative agreement would not— 

10 (A) result in the displacement of individ11 uals currently employed by the Department, in12 cluding partial displacement through reduction 

13 of non-overtime hours, wages, or employment 

14 benefits; 

15 (B) result in the use of an individual under 

16 the Department of Energy Experienced Worker 

17 Program for a job or function in a case in 

18 which a Federal employee is in a layoff status 

19 from the same or substantially equivalent job 

20 within the Department; or 

21 (C) affect existing contracts for services. 

22 SEC. 307. (a) Of the unobligated balances available 

23 to the Department of Energy from amounts appropriated 

24 in prior Acts, the following funds are hereby rescinded 
58 

•S 2605 RS

1 from the following accounts and programs in the specified 

2 amounts— 

3 (1) ‘‘Defense Nuclear Nonproliferation’’ for the 

4 construction project ‘‘99–D–143’’, $330,000,000; 

5 and 

6 (2) ‘‘Naval Reactors’’, $6,000,000. 

7 (b) No amounts may be rescinded under subsection 

8 (a) from amounts that were previously designated by the 

9 Congress as an emergency requirement pursuant to a con10 current resolution on the budget or the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 SEC. 308. (a) DEFINITIONS.—In this section: 

13 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af14 fected Indian tribe’’ has the meaning given the term 

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

16 (42 U.S.C. 10101). 

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

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

19 given the term in section 2 of the Nuclear Waste 

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

21 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu22 clear Waste Fund’’ means the Nuclear Waste Fund 

23 established under section 302(c) of the Nuclear 

24 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 
59 

•S 2605 RS

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

2 the Secretary of Energy. 

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

4 nuclear fuel’’ has the meaning given the term in sec5 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

6 U.S.C. 10101). 

7 (b) PILOT PROGRAM.—Notwithstanding any provi8 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

9 10101 et seq.), the Secretary is authorized, in the current 

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

11 program to license, construct, and operate 1 or more Fed12 eral consolidated storage facilities to provide interim stor13 age as needed for spent nuclear fuel and high-level radio14 active waste, with priority for storage given to spent nu15 clear fuel located on sites without an operating nuclear 

16 reactor. 

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

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

19 shall issue a request for proposals for cooperative agree20 ments— 

21 (1) to obtain any license necessary from the 

22 Nuclear Regulatory Commission for the construction 

23 of 1 or more consolidated storage facilities; 
60 

•S 2605 RS

1 (2) to demonstrate the safe transportation of 

2 spent nuclear fuel and high-level radioactive waste, 

3 as applicable; and 

4 (3) to demonstrate the safe storage of spent nu5 clear fuel and high-level radioactive waste, as appli6 cable, at the 1 or more consolidated storage facilities 

7 pending the construction and operation of deep geo8 logic disposal capacity for the permanent disposal of 

9 the spent nuclear fuel. 

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

11 consolidated storage facility pursuant to this section, the 

12 Secretary shall enter into an agreement to host the facility 

13 with— 

14 (1) the Governor of the State; 

15 (2) each unit of local government within the ju16 risdiction of which the facility is proposed to be lo17 cated; and 

18 (3) each affected Indian tribe. 

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

20 Secretary shall comply with— 

21 (1) all licensing requirements and regulations of 

22 the Nuclear Regulatory Commission; and 

23 (2) all other applicable laws (including regula24 tions). 
61 

•S 2605 RS

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

2 after the date on which the Secretary issues the request 

3 for proposals under subsection (c), the Secretary shall sub4 mit to Congress a plan to carry out this section that in5 cludes— 

6 (1) an estimate of the cost of licensing, con7 structing, and operating a consolidated storage facil8 ity, including the transportation costs, on an annual 

9 basis, over the expected lifetime of the facility; 

10 (2) a schedule for— 

11 (A) obtaining any license necessary to con12 struct and operate a consolidated storage facil13 ity from the Nuclear Regulatory Commission; 

14 (B) constructing the facility; 

15 (C) transporting spent fuel to the facility; 

16 and 

17 (D) removing the spent fuel and decom18 missioning the facility; 

19 (3) an estimate of the cost of any financial as20 sistance, compensation, or incentives proposed to be 

21 paid to the host State, Indian tribe, or local govern22 ment; 

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

24 damages expected to be paid by the United States 

25 for the delay of the Department of Energy in accept-
62 

•S 2605 RS

1 ing spent fuel expected to result from the pilot pro2 gram; 

3 (5) recommendations for any additional legisla4 tion needed to authorize and implement the pilot 

5 program; and 

6 (6) recommendations for a mechanism to en7 sure that any spent nuclear fuel or high-level radio8 active waste stored at a consolidated storage facility 

9 pursuant to this section shall move to deep geologic 

10 disposal capacity, following a consent-based approval 

11 process for that deep geologic disposal capacity con12 sistent with subsection (d), within a reasonable time 

13 after the issuance of a license to construct and oper14 ate the consolidated storage facility. 

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

16 site for the construction of a consolidated storage facility 

17 under this section, the Secretary shall conduct 1 or more 

18 public hearings in the vicinity of each potential site and 

19 in at least 1 other location within the State in which the 

20 site is located to solicit public comments and recommenda21 tions. 

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

23 may make expenditures from the Nuclear Waste Fund to 

24 carry out this section, subject to appropriations. 
63 

•S 2605 RS

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 $210,000,000, 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, $31,000,000, to remain 

19 available until September 30, 2023. 

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 

24 the Delta Regional Authority Act of 2000, notwith-
64 

•S 2605 RS

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, $15,100,000, 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. 
65 

•S 2605 RS

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, $35,000,000, 

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, $2,500,000, 

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, $2,500,000, 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 $873,901,000, including official representation expenses 

25 not to exceed $25,000, to remain available until expended: 
66 

•S 2605 RS

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, 2023: 

5 Provided further, That revenues from licensing fees, in6 spection services, and other services and collections esti7 mated at $745,258,000 in fiscal year 2022 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 2022 so as to result 

13 in a final fiscal year 2022 appropriation estimated at not 

14 more than $128,643,000. 

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, $13,799,000, to remain available 

19 until September 30, 2023: Provided, That revenues from 

20 licensing fees, inspection services, and other services and 

21 collections estimated at $11,442,000 in fiscal year 2022 

22 shall be retained and be available until September 30, 

23 2023, 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 
67 

•S 2605 RS

1 shall be reduced by the amount of revenues received dur2 ing fiscal year 2022 so as to result in a final fiscal year 

3 2022 appropriation estimated at not more than 

4 $2,357,000: Provided further, That of the amounts appro5 priated under this heading, $1,146,000 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, $3,800,000, to be derived from the Nu13 clear Waste Fund, to remain available until September 30, 

14 2023. 

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 Appropria-
68 

•S 2605 RS

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 report accompanying this Act. 
69 

•S 2605 RS

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. 
70 

•S 2605 RS

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 report accompanying this Act, or any authority where17 by a department, agency, or instrumentality of the United 

18 States Government may provide goods or services to an19 other department, agency, or instrumentality. 

20 (b) None of the funds made available for any depart21 ment, agency, or instrumentality of the United States 

22 Government may be transferred to accounts funded in title 

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

24 transfer authority provided in this Act or any other appro25 priations Act for any fiscal year, transfer authority ref-
71 

•S 2605 RS

1 erenced in the report accompanying this Act, or any au2 thority whereby a department, agency, or instrumentality 

3 of the United States Government may provide goods or 

4 services to another department, agency, or instrumen5 tality. 

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

7 funded in this Act utilizing any transfer authority shall 

8 submit to the Committees on Appropriations of both 

9 Houses of Congress a semiannual report detailing the 

10 transfer authorities, except for any authority whereby a 

11 department, agency, or instrumentality of the United 

12 States Government may provide goods or services to an13 other department, agency, or instrumentality, used in the 

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

15 shall include the amounts transferred and the purposes 

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

17 modify existing notification requirements for each author18 ity. 

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

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

21 12898 of February 11, 1994 (Federal Actions to Address 

22 Environmental Justice in Minority Populations and Low23 Income Populations). 

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

25 this Act may be used to maintain or establish a computer 
72 

•S 2605 RS

1 network unless such network blocks the viewing, 

2 downloading, and exchanging of pornography. 

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

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

5 law enforcement agency or any other entity carrying out 

6 criminal investigations, prosecution, or adjudication activi7 ties. 

8 SEC. 505. For an additional amount for ‘‘Bureau of 

9 Reclamation—Water and Related Resources’’, 

10 $450,000,000, to remain available until expended for ac11 tivities to address drought, as determined by the Secretary 

12 of the Interior: Provided, That not later than 60 days after 

13 the date of enactment of this Act, the Secretary of the 

14 Interior shall submit to the House and Senate Committees 

15 on Appropriations a detailed spend plan, including a list 

16 of project locations to be funded: Provided further, That 

17 such amount is designated by the Congress as being for 

18 an emergency requirement pursuant to section 4112(a) of 

19 H. Con. Res. 71 (115th Congress), the concurrent resolu20 tion on the budget for fiscal year 2018, and to section 

21 251(b) of the Balanced Budget and Emergency Deficit 

22 Control Act of 1985. 

23 This Act may be cited as the ‘‘Energy and Water De24 velopment and Related Agencies Appropriations Act, 

25 2022’’. 

Calendar No. 115 

117TH CONGRESS 

1ST SESSION S. 2605 

[Report No. 117–36] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2022, and for other pur- opment and related agencies for the fiscal year 

AUGUST 4, 2021 

Read twice and placed on the calendar