IB 

Union Calendar No. 411 

114TH CONGRESS 

2D SESSION H. R. 5055 

[Report No. 114–532] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2016 

Mr. SIMPSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2017, and for other purposes. 


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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, 2017, and for other pur7 poses, namely: 

8 TITLE I 

9 CORPS OF ENGINEERS—CIVIL 

10 DEPARTMENT OF THE ARMY 

11 CORPS OF ENGINEERS—CIVIL

12 The following appropriations shall be expended under 

13 the direction of the Secretary of the Army and the super14 vision of the Chief of Engineers for authorized civil func15 tions of the Department of the Army pertaining to river 

16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related efforts. 

18 INVESTIGATIONS

19 For expenses necessary where authorized by law for 

20 the collection and study of basic information pertaining 

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

22 shore protection, aquatic ecosystem restoration, and re23 lated needs; for surveys and detailed studies, and plans 

24 and specifications of proposed river and harbor, flood and 

25 storm damage reduction, shore protection, and aquatic 


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1 ecosystem restoration projects, and related efforts prior to 

2 construction; for restudy of authorized projects; and for 

3 miscellaneous investigations, and, when authorized by law, 

4 surveys and detailed studies, and plans and specifications 

5 of projects prior to construction, $120,000,000, to remain 

6 available until expended: Provided, That the Secretary 

7 may initiate up to, but not more than, six new study starts 

8 during fiscal year 2017: Provided further, That the new 

9 study starts will consist of five studies where the majority 

10 of the benefits are derived from navigation transportation 

11 savings or from flood and storm damage reduction and 

12 one study where the majority of benefits are derived from 

13 environmental restoration: Provided further, That the Sec14 retary shall not deviate from the new starts proposed in 

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

16 Committees on Appropriations of both Houses of Con17 gress. 

18 CONSTRUCTION

19 For expenses necessary for the construction of river 

20 and harbor, flood and storm damage reduction, shore pro21 tection, aquatic ecosystem restoration, and related 

22 projects authorized by law; for conducting detailed studies, 

23 and plans and specifications, of such projects (including 

24 those involving participation by States, local governments, 

25 or private groups) authorized or made eligible for selection 


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1 by law (but such detailed studies, and plans and specifica2 tions, shall not constitute a commitment of the Govern3 ment to construction); $1,945,580,000, to remain avail4 able until expended; of which such sums as are necessary 

5 to cover the Federal share of construction costs for facili6 ties under the Dredged Material Disposal Facilities pro7 gram shall be derived from the Harbor Maintenance Trust 

8 Fund as authorized by Public Law 104–303; and of which 

9 such sums as are necessary to cover one-half of the costs 

10 of construction, replacement, rehabilitation, and expansion 

11 of inland waterways projects shall be derived from the In12 land Waterways Trust Fund, except as otherwise specifi13 cally provided for in law: Provided, That the Secretary 

14 may initiate up to, but not more than, four new construc15 tion starts during fiscal year 2017: Provided further, That 

16 the new construction starts will consist of three projects 

17 where the majority of the benefits are derived from naviga18 tion transportation savings or from flood and storm dam19 age reduction and one project where the majority of the 

20 benefits are derived from environmental restoration: Pro21 vided further, That for new construction projects, project 

22 cost sharing agreements shall be executed as soon as prac23 ticable but no later than August 31, 2017: Provided fur24 ther, That no allocation for a new start shall be considered 

25 final and no work allowance shall be made until the SecVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 retary provides to the Committees on Appropriations of 

2 both Houses of Congress an out-year funding scenario 

3 demonstrating the affordability of the selected new starts 

4 and the impacts on other projects: Provided further, That 

5 the Secretary may not deviate from the new starts pro6 posed in the work plan, once the plan has been submitted 

7 to the Committees on Appropriations of both Houses of 

8 Congress. 

9 MISSISSIPPI RIVER AND TRIBUTARIES

10 For expenses necessary for flood damage reduction 

11 projects and related efforts in the Mississippi River allu12 vial valley below Cape Girardeau, Missouri, as authorized 

13 by law, $345,000,000, to remain available until expended, 

14 of which such sums as are necessary to cover the Federal 

15 share of eligible operation and maintenance costs for in16 land harbors shall be derived from the Harbor Mainte17 nance Trust Fund. 

18 OPERATION AND MAINTENANCE

19 For expenses necessary for the operation, mainte20 nance, and care of existing river and harbor, flood and 

21 storm damage reduction, aquatic ecosystem restoration, 

22 and related projects authorized by law; providing security 

23 for infrastructure owned or operated by the Corps, includ24 ing administrative buildings and laboratories; maintaining 

25 harbor channels provided by a State, municipality, or 


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1 other public agency that serve essential navigation needs 

2 of general commerce, where authorized by law; surveying 

3 and charting northern and northwestern lakes and con4 necting waters; clearing and straightening channels; and 

5 removing obstructions to navigation, $3,157,000,000, to 

6 remain available until expended, of which such sums as 

7 are necessary to cover the Federal share of eligible oper8 ation and maintenance costs for coastal harbors and chan9 nels, and for inland harbors shall be derived from the Har10 bor Maintenance Trust Fund; of which such sums as be11 come available from the special account for the Corps of 

12 Engineers established by the Land and Water Conserva13 tion Fund Act of 1965 shall be derived from that account 

14 for resource protection, research, interpretation, and 

15 maintenance activities related to resource protection in the 

16 areas at which outdoor recreation is available; and of 

17 which such sums as become available from fees collected 

18 under section 217 of Public Law 104–303 shall be used 

19 to cover the cost of operation and maintenance of the 

20 dredged material disposal facilities for which such fees 

21 have been collected: Provided, That 1 percent of the total 

22 amount of funds provided for each of the programs, 

23 projects, or activities funded under this heading shall not 

24 be allocated to a field operating activity prior to the begin25 ning of the fourth quarter of the fiscal year and shall be 


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1 available for use by the Chief of Engineers to fund such 

2 emergency activities as the Chief of Engineers determines 

3 to be necessary and appropriate, and that the Chief of En4 gineers shall allocate during the fourth quarter any re5 maining funds which have not been used for emergency 

6 activities proportionally in accordance with the amounts 

7 provided for the programs, projects, or activities. 

8 REGULATORY PROGRAM

9 For expenses necessary for administration of laws 

10 pertaining to regulation of navigable waters and wetlands, 

11 $200,000,000, to remain available until September 30, 

12 2018. 

13 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

14 For expenses necessary to clean up contamination 

15 from sites in the United States resulting from work per16 formed as part of the Nation’s early atomic energy pro17 gram, $103,000,000, to remain available until expended. 

18 FLOOD CONTROL AND COASTAL EMERGENCIES

19 For expenses necessary to prepare for flood, hurri20 cane, and other natural disasters and support emergency 

21 operations, repairs, and other activities in response to 

22 such disasters as authorized by law, $34,000,000, to re23 main available until expended. 


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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, $180,000,000, to 

11 remain available until September 30, 2018, 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. 


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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 $4,750,000, to remain available until September 30, 2018: 

6 Provided, That not more than 25 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 a work plan that allocates at 

10 least 95 percent of the additional funding provided under 

11 each heading in this title (as designated under such head12 ing in the report of the Committee on Appropriations ac13 companying this Act) to specific programs, projects, or ac14 tivities. 

15 GENERAL PROVISIONS—CORPS OF 

16 ENGINEERS—CIVIL 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 101. (a) None of the funds provided in this title 

19 shall be available for obligation or expenditure through a 

20 reprogramming of funds that— 

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

22 or activity; 

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


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1 (3) increases funds or personnel for any pro2 gram, project, or activity for which funds have been 

3 denied or restricted by this Act; 

4 (4) reduces funds that are directed to be used 

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

6 Act; 

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

8 activity by more than $2,000,000 or 10 percent, 

9 whichever is less; or 

10 (6) reduces funds for any program, project, or 

11 activity by more than $2,000,000 or 10 percent, 

12 whichever is less. 

13 (b) Subsection (a)(1) shall not apply to any project 

14 or activity authorized under section 205 of the Flood Con15 trol Act of 1948, section 14 of the Flood Control Act of 

16 1946, section 208 of the Flood Control Act of 1954, sec17 tion 107 of the River and Harbor Act of 1960, section 

18 103 of the River and Harbor Act of 1962, section 111 

19 of the River and Harbor Act of 1968, section 1135 of the 

20 Water Resources Development Act of 1986, section 206 

21 of the Water Resources Development Act of 1996, or sec22 tion 204 of the Water Resources Development Act of 

23 1992. 

24 (c) The Corps of Engineers shall submit reports on 

25 a quarterly basis to the Committees on Appropriations of 


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1 both Houses of Congress detailing all the funds repro2 grammed between programs, projects, activities, or cat3 egories of funding. The first quarterly report shall be sub4 mitted not later than 60 days after the date of enactment 

5 of this Act. 

6 SEC. 102. None of the funds made available in this 

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

8 commits funds beyond the amounts appropriated for that 

9 program, project, or activity that remain unobligated, ex10 cept that such amounts may include any funds that have 

11 been made available through reprogramming pursuant to 

12 section 101. 

13 SEC. 103. The Secretary of the Army may transfer 

14 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

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

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

18 of Engineers projects. 

19 SEC. 104. None of the funds in this Act shall be used 

20 for an open lake placement alternative for dredged mate21 rial, after evaluating the least costly, environmentally ac22 ceptable manner for the disposal or management of 

23 dredged material originating from Lake Erie or tributaries 

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

25 certification pursuant to section 401 of the Federal Water 


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1 Pollution Control Act (33 U.S.C. 1341); Provided further, 

2 That until an open lake placement alternative for dredged 

3 material is approved under a State water quality certifi4 cation, the Corps of Engineers shall continue upland 

5 placement of such dredged material consistent with the re6 quirements of section 101 of the Water Resources Devel7 opment Act of 1986 (33 U.S.C. 2211). 

8 SEC. 105. None of the funds made available in this 

9 title may be used for any acquisition that is not consistent 

10 with 48 CFR 225.7007. 

11 SEC. 106. None of the funds made available by this 

12 Act may be used to carry out any water supply reallocation 

13 study under the Wolf Creek Dam, Lake Cumberland, Ken14 tucky, project authorized under the Act of July 24, 1946 

15 (60 Stat. 636, ch. 595). 

16 SEC. 107. The Secretary of the Army, acting through 

17 the Chief of Engineers, may accept from the Trinity River 

18 Authority of Texas, if received by September 30, 2016, 

19 $31,233,401 as payment in full for amounts owed to the 

20 United States, including any accrued interest, for the ap21 proximately 61,747.1 acre-feet of water supply storage 

22 space in Joe Pool Lake, Texas (previously known as 

23 Lakeview Lake) for which payment has not commenced 

24 under Article 5.a. (relating to project investment costs) 


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1 of contract number DACW63-76-C-0106 as of the date 

2 of enactment of this section. 

3 SEC. 108. None of the funds made available in this 

4 or any other Act making appropriations for Energy and 

5 Water Development for any fiscal year may be used by 

6 the Corps of Engineers to develop, adopt, implement, ad7 minister, or enforce any change to the regulations in effect 

8 on October 1, 2012, pertaining to the definitions of the 

9 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 

10 purposes of the Federal Water Pollution Control Act (33 

11 U.S.C. 1251 et seq.). 

12 SEC. 109. Notwithstanding section 404(f)(2) of the 

13 Federal Water Pollution Control Act (33 U.S.C. 

14 1344(f)(2)), none of the funds made available by this Act 

15 may be used to require a permit for the discharge of 

16 dredged or fill material under the Federal Water Pollution 

17 Control Act (33 U.S.C. 1251 et seq.) for the activities 

18 identified in subparagraphs (A) and (C) of section 

19 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

20 SEC. 110. None of the funds made available in this 

21 or any other Act making appropriations for Energy and 

22 Water Development for any fiscal year may be used by 

23 the Corps of Engineers to develop, adopt, implement, ad24 minister, or enforce any change to the regulations and 

25 guidance in effect on October 1, 2012, pertaining to the 


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1 definition of waters under the jurisdiction of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1251 et seq.), in3 cluding the provisions of the rules dated November 13, 

4 1986, and August 25, 1993, relating to such jurisdiction, 

5 and the guidance documents dated January 15, 2003, and 

6 December 2, 2008, relating to such jurisdiction. 

7 SEC. 111. As of the date of enactment of this Act 

8 and each fiscal year thereafter, the Secretary of the Army 

9 shall not promulgate or enforce any regulation that pro10 hibits an individual from possessing a firearm, including 

11 an assembled or functional firearm, at a water resources 

12 development project covered under section 327.0 of title 

13 36, Code of Federal Regulations (as in effect on the date 

14 of enactment of this Act), if— 

15 (1) the individual is not otherwise prohibited by 

16 law from possessing the firearm; and 

17 (2) the possession of the firearm is in compli18 ance with the law of the State in which the water 

19 resources development project is located. 

20 TITLE II 

21 DEPARTMENT OF THE INTERIOR 

22 CENTRAL UTAH PROJECT

23 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

24 For carrying out activities authorized by the Central 

25 Utah Project Completion Act, $11,000,000, to remain 


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1 available until expended, of which $1,300,000 shall be de2 posited into the Utah Reclamation Mitigation and Con3 servation Account for use by the Utah Reclamation Miti4 gation and Conservation Commission: Provided, That of 

5 the amount provided under this heading, $1,350,000 shall 

6 be available until September 30, 2018, for expenses nec7 essary in carrying out related responsibilities of the Sec8 retary of the Interior: Provided further, That for fiscal 

9 year 2017, of the amount made available to the Commis10 sion under this Act or any other Act, the Commission may 

11 use an amount not to exceed $1,500,000 for administra12 tive expenses. 

13 BUREAU OF RECLAMATION

14 The following appropriations shall be expended to 

15 execute authorized functions of the Bureau of Reclama16 tion: 

17 WATER AND RELATED RESOURCES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For management, development, and restoration of 

20 water and related natural resources and for related activi21 ties, including the operation, maintenance, and rehabilita22 tion of reclamation and other facilities, participation in 

23 fulfilling related Federal responsibilities to Native Ameri24 cans, and related grants to, and cooperative and other 

25 agreements with, State and local governments, federally 


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1 recognized Indian tribes, and others, $982,972,000, to re2 main available until expended, of which $22,000 shall be 

3 available for transfer to the Upper Colorado River Basin 

4 Fund and $5,551,000 shall be available for transfer to the 

5 Lower Colorado River Basin Development Fund; of which 

6 such amounts as may be necessary may be advanced to 

7 the Colorado River Dam Fund: Provided, That such trans8 fers may be increased or decreased within the overall ap9 propriation under this heading: Provided further, That of 

10 the total appropriated, the amount for program activities 

11 that can be financed by the Reclamation Fund or the Bu12 reau of Reclamation special fee account established by 16 

13 U.S.C. 6806 shall be derived from that Fund or account: 

14 Provided further, That funds contributed under 43 U.S.C. 

15 395 are available until expended for the purposes for 

16 which the funds were contributed: Provided further, That 

17 funds advanced under 43 U.S.C. 397a shall be credited 

18 to this account and are available until expended for the 

19 same purposes as the sums appropriated under this head20 ing: Provided further, That of the amounts provided here21 in, funds may be used for high-priority projects which 

22 shall be carried out by the Youth Conservation Corps, as 

23 authorized by 16 U.S.C. 1706. 


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1 CENTRAL VALLEY PROJECT RESTORATION FUND

2 For carrying out the programs, projects, plans, habi3 tat restoration, improvement, and acquisition provisions of 

4 the Central Valley Project Improvement Act, $55,606,000, 

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

6 Central Valley Project Restoration Fund pursuant to sec7 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

8 102–575, to remain available until expended: Provided, 

9 That the Bureau of Reclamation is directed to assess and 

10 collect the full amount of the additional mitigation and 

11 restoration payments authorized by section 3407(d) of 

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

13 funds made available under this heading may be used for 

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

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

16 by a court adopted decree or order. 

17 CALIFORNIA BAY-DELTA RESTORATION

18 (INCLUDING TRANSFERS OF FUNDS)

19 For carrying out activities authorized by the Water 

20 Supply, Reliability, and Environmental Improvement Act, 

21 consistent with plans to be approved by the Secretary of 

22 the Interior, $36,000,000, to remain available until ex23 pended, of which such amounts as may be necessary to 

24 carry out such activities may be transferred to appropriate 

25 accounts of other participating Federal agencies to carry 


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1 out authorized purposes: Provided, That funds appro2 priated herein may be used for the Federal share of the 

3 costs of CALFED Program management: Provided fur4 ther, That CALFED implementation shall be carried out 

5 in a balanced manner with clear performance measures 

6 demonstrating concurrent progress in achieving the goals 

7 and objectives of the Program. 

8 POLICY AND ADMINISTRATION

9 For expenses necessary for policy, administration, 

10 and related functions in the Office of the Commissioner, 

11 the Denver office, and offices in the five regions of the 

12 Bureau of Reclamation, to remain available until Sep13 tember 30, 2018, $59,000,000, to be derived from the 

14 Reclamation Fund and be nonreimbursable as provided in 

15 43 U.S.C. 377: Provided, That no part of any other appro16 priation in this Act shall be available for activities or func17 tions budgeted as policy and administration expenses. 

18 ADMINISTRATIVE PROVISION

19 Appropriations for the Bureau of Reclamation shall 

20 be available for purchase of not to exceed five passenger 

21 motor vehicles, which are for replacement only. 


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1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

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

4 shall be available for obligation or expenditure through a 

5 reprogramming of funds that— 

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

7 or activity; 

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

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

10 activity for which funds have been denied or re11 stricted by this Act; 

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

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

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

16 (5) transfers funds in excess of the following 

17 limits— 

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

19 activity for which $2,000,000 or more is avail20 able at the beginning of the fiscal year; or 

21 (B) $300,000 for any program, project or 

22 activity for which less than $2,000,000 is avail23 able at the beginning of the fiscal year; 

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

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1 tation category or the Resources Management and 

2 Development category to any program, project, or 

3 activity in the other category; or 

4 (7) transfers, where necessary to discharge legal 

5 obligations of the Bureau of Reclamation, more than 

6 $5,000,000 to provide adequate funds for settled 

7 contractor claims, increased contractor earnings due 

8 to accelerated rates of operations, and real estate de9 ficiency judgments. 

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

11 of funds within the Facilities Operation, Maintenance, and 

12 Rehabilitation category. 

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

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

15 project, or activity. 

16 (d) The Bureau of Reclamation shall submit reports 

17 on a quarterly basis to the Committees on Appropriations 

18 of both Houses of Congress detailing all the funds repro19 grammed between programs, projects, activities, or cat20 egories of funding. The first quarterly report shall be sub21 mitted not later than 60 days after the date of enactment 

22 of this Act. 

23 SEC. 202. (a) None of the funds appropriated or oth24 erwise made available by this Act may be used to deter25 mine the final point of discharge for the interceptor drain 


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1 for the San Luis Unit until development by the Secretary 

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

3 shall conform to the water quality standards of the State 

4 of California as approved by the Administrator of the En5 vironmental Protection Agency, to minimize any detri6 mental effect of the San Luis drainage waters. 

7 (b) The costs of the Kesterson Reservoir Cleanup 

8 Program and the costs of the San Joaquin Valley Drain9 age Program shall be classified by the Secretary of the 

10 Interior as reimbursable or nonreimbursable and collected 

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

12 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter13 native Repayment Plan’’ described in the report entitled 

14 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro15 gram and San Joaquin Valley Drainage Program, Feb16 ruary 1995’’, prepared by the Department of the Interior, 

17 Bureau of Reclamation. Any future obligations of funds 

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

19 service or drainage studies for the San Luis Unit shall 

20 be fully reimbursable by San Luis Unit beneficiaries of 

21 such service or studies pursuant to Federal reclamation 

22 law. 

23 SEC. 203. Section 205(2) of division D of Public Law 

24 114–113 is amended by striking ‘‘2016’’ and inserting 

25 ‘‘2017’’. 


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1 SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR

2 FLOW REQUIREMENTS

3 SEC. 204. (a) To maximize water supplies for the 

4 Central Valley Project and the State Water Project, in im5 plementing the provisions of the smelt biological opinion 

6 or salmonid biological opinion, or any successor biological 

7 opinions or court orders, pertaining to management of re8 verse flow in the Old and Middle Rivers, the Secretary 

9 of the Interior shall— 

10 (1) consider the relevant provisions of the appli11 cable biological opinions or any successor biological 

12 opinions; 

13 (2) manage export pumping rates to achieve a 

14 reverse OMR flow rate of -5,000 cubic feet per sec15 ond unless existing information or that developed by 

16 the Secretary of the Interior under paragraphs (3) 

17 and (4) leads the Secretary to reasonably conclude, 

18 using the best scientific and commercial data avail19 able, that a less negative OMR flow rate is necessary 

20 to avoid a significant negative impact on the long21 term survival of the species covered by the smelt bio22 logical opinion or salmonid biological opinion. If the 

23 best scientific and commercial data available to the 

24 Secretary indicates that a reverse OMR flow rate 

25 more negative than -5,000 cubic feet per second can 


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1 be established without an imminent negative impact 

2 on the long-term survival of the species covered by 

3 the smelt biological opinion or salmonid biological 

4 opinion, the Secretary shall manage export pumping 

5 rates to achieve that more negative OMR flow rate; 

6 (3) document, in writing, any significant facts 

7 about real-time conditions relevant to the determina8 tions of OMR reverse flow rates, including— 

9 (A) whether targeted real-time fish moni10 toring pursuant to this section, including moni11 toring in the vicinity of Station 902, indicates 

12 that a significant negative impact on the long13 term survival of species covered by the smelt bi14 ological opinion or salmonid biological opinion is 

15 imminent; and 

16 (B) whether near-term forecasts with avail17 able models show under prevailing conditions 

18 that OMR flow of -5,000 cubic feet per second 

19 or higher will cause a significant negative im20 pact on the long-term survival of species cov21 ered by the smelt biological opinion or salmonid 

22 biological opinion; 

23 (4) show, in writing, that any determination to 

24 manage OMR reverse flow at rates less negative 

25 than -5,000 cubic feet per second is necessary to 


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1 avoid a significant negative impact on the long-term 

2 survival of species covered by the smelt biological 

3 opinion or salmonid biological opinion, and provide, 

4 in writing, an explanation of the data examined and 

5 the connection between those data and the choice 

6 made, after considering— 

7 (A) the distribution of Delta smelt 

8 throughout the Delta; 

9 (B) the potential effects of documented, 

10 quantified entrainment on subsequent Delta 

11 smelt abundance; 

12 (C) the water temperature; 

13 (D) other significant factors relevant to 

14 the determination; and 

15 (E) whether any alternative measures 

16 could have a substantially lesser water supply 

17 impact; and 

18 (5) for any subsequent smelt biological opinion 

19 or salmonid biological opinion, make the showing re20 quired in paragraph (4) for any determination to 

21 manage OMR reverse flow at rates less negative 

22 than the most negative limit in the biological opinion 

23 if the most negative limit in the biological opinion is 

24 more negative than -5,000 cubic feet per second. 


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1 (b) NO REINITIATION OF CONSULTATION.—In imple2 menting or at the conclusion of actions under subsection 

3 (a), the Secretary of the Interior or the Secretary of Com4 merce shall not reinitiate consultation on those adjusted 

5 operations unless there is a significant negative impact on 

6 the long-term survival of the species covered by the smelt 

7 biological opinion or salmonid biological opinion. Any ac8 tion taken under subsection (a) that does not create a sig9 nificant negative impact on the long-term survival to spe10 cies covered by the smelt biological opinion or salmonid 

11 biological opinion will not alter application of the take per12 mitted by the incidental take statement in the biological 

13 opinion under section 7(o)(2) of the Endangered Species 

14 Act of 1973. 

15 (c) CALCULATION OF REVERSE FLOW IN OMR.— 

16 Within 90 days of the enactment of this title, the Sec17 retary of the Interior is directed, in consultation with the 

18 California Department of Water Resources to revise the 

19 method used to calculate reverse flow in Old and Middle 

20 Rivers, for implementation of the reasonable and prudent 

21 alternatives in the smelt biological opinion and the 

22 salmonid biological opinion, and any succeeding biological 

23 opinions, for the purpose of increasing Central Valley 

24 Project and State Water Project water supplies. The 

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1 ers shall be reevaluated not less than every five years 

2 thereafter to achieve maximum export pumping rates 

3 within limits established by the smelt biological opinion, 

4 the salmonid biological opinion, and any succeeding bio5 logical opinions. 

6 TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW

7 STORMS OF THE WATER YEAR

8 SEC. 205. (a) IN GENERAL.—Consistent with avoid9 ing an immediate significant negative impact on the long10 term survival upon listed fish species over and above the 

11 range of impacts authorized under the Endangered Spe12 cies Act of 1973 and other environmental protections 

13 under subsection (d), the Secretary of the Interior and the 

14 Secretary of Commerce shall authorize the Central Valley 

15 Project and the California State Water Project, combined, 

16 to operate at levels that result in negative OMR flows at 

17 -7,500 cubic feet per second (based on United States Geo18 logical Survey gauges on Old and Middle Rivers) daily av19 erage as described in subsections (b) and (c) to capture 

20 peak flows during storm events. 

21 (b) DAYS OF TEMPORARY OPERATIONAL FLEXI22 BILITY.—The temporary operational flexibility described 

23 in subsection (a) shall be authorized on days that the Cali24 fornia Department of Water Resources determines the net 

25 Sacramento-San Joaquin River Delta outflow index is at, 

26 or above, 13,000 cubic feet per second. 


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1 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

2 AUTHORIZATIONS.—In carrying out this section, the Sec3 retary of the Interior and the Secretary of Commerce may 

4 continue to impose any requirements under the smelt bio5 logical opinion and salmonid biological opinion during any 

6 period of temporary operational flexibility as they deter7 mine are reasonably necessary to avoid additional signifi8 cant negative impacts on the long-term survival of a listed 

9 fish species over and above the range of impacts author10 ized under the Endangered Species Act of 1973, provided 

11 that the requirements imposed do not reduce water sup12 plies available for the Central Valley Project and the Cali13 fornia State Water Project. 

14 (d) OTHER ENVIRONMENTAL PROTECTIONS.— 

15 (1) STATE LAW.—The actions of the Secretary 

16 of the Interior and the Secretary of Commerce under 

17 this section shall be consistent with applicable regu18 latory requirements under State law. The foregoing 

19 does not constitute a waiver of sovereign immunity. 

20 (2) FIRST SEDIMENT FLUSH.—During the first 

21 flush of sediment out of the Sacramento-San Joa22 quin River Delta in each water year, and provided 

23 that such determination is based upon objective evi24 dence, OMR flow may be managed at rates less neg25 ative than -5,000 cubic feet per second for a minVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 imum duration to avoid movement of adult Delta 

2 smelt (Hypomesus transpacificus) to areas in the 

3 southern Sacramento-San Joaquin River Delta that 

4 would be likely to increase entrainment at Central 

5 Valley Project and California State Water Project 

6 pumping plants. 

7 (3) APPLICABILITY OF OPINION.—This section 

8 shall not affect the application of the salmonid bio9 logical opinion from April 1 to May 31, unless the 

10 Secretary of Commerce finds, based on the best sci11 entific and commercial data available, that some or 

12 all of such applicable requirements may be adjusted 

13 during this time period to provide emergency water 

14 supply relief without resulting in additional adverse 

15 effects over and above the range of impacts author16 ized under the Endangered Species Act of 1973. In 

17 addition to any other actions to benefit water sup18 ply, the Secretary of the Interior and the Secretary 

19 of Commerce shall consider allowing through-Delta 

20 water transfers to occur during this period if they 

21 can be accomplished consistent with section 

22 3405(a)(1)(H) of the Central Valley Project Im23 provement Act. Water transfers solely or exclusively 

24 through the California State Water Project that do 

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1 proval by Reclamation are not required to be con2 sistent with section 3405(a)(1)(H) of the Central 

3 Valley Project Improvement Act. 

4 (4) MONITORING.—During operations under 

5 this section, the Commissioner of Reclamation, in 

6 coordination with the United States Fish and Wild7 life Service, National Marine Fisheries Service, and 

8 California Department of Fish and Wildlife, shall 

9 undertake expanded monitoring programs and other 

10 data gathering to improve Central Valley Project 

11 and California State Water Project water supplies, 

12 to ensure incidental take levels are not exceeded, and 

13 to identify potential negative impacts, if any, and ac14 tions necessary to mitigate impacts of the temporary 

15 operational flexibility to species listed under the En16 dangered Species Act of 1973 (16 U.S.C. 1531 et 

17 seq.). 

18 (e) EFFECT OF HIGH OUTFLOWS.—In recognition of 

19 the high outflow levels from the Sacramento-San Joaquin 

20 River Delta during the days this section is in effect under 

21 subsection (b), the Secretary of the Interior and the Sec22 retary of Commerce shall not count such days toward the 

23 5-day and 14-day running averages of tidally filtered daily 

24 Old and Middle River flow requirements under the smelt 

25 biological opinion and salmonid biological opinion, as long 


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1 as the Secretaries avoid significant negative impact on the 

2 long-term survival of listed fish species over and above the 

3 range of impacts authorized under the Endangered Spe4 cies Act of 1973. 

5 (f) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 

6 In articulating the determinations required under this sec7 tion, the Secretary of the Interior and the Secretary of 

8 Commerce shall fully satisfy the requirements herein but 

9 shall not be expected to provide a greater level of sup10 porting detail for the analysis than feasible to provide 

11 within the short timeframe permitted for timely decision 

12 making in response to changing conditions in the Sac13 ramento-San Joaquin River Delta. 

14 (g) OMR FLOWS.—The Secretary of the Interior and 

15 the Secretary of Commerce shall, through the adaptive 

16 management provisions in the salmonid biological opinion, 

17 limit OMR reverse flow to -5,000 cubic feet per second 

18 based on date-certain triggers in the salmonid biological 

19 opinions only if using real-time migration information on 

20 salmonids demonstrates that such action is necessary to 

21 avoid a significant negative impact on the long-term sur22 vival of listed fish species over and above the range of im23 pacts authorized under the Endangered Species Act of 

24 1973. 


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1 (h) NO REINITIATION OF CONSULTATION.—In imple2 menting or at the conclusion of actions under this section, 

3 the Secretary of the Interior shall not reinitiate consulta4 tion on those adjusted operations if there is no immediate 

5 significant negative impact on the long-term survival of 

6 listed fish species over and above the range of impacts au7 thorized under the Endangered Species Act of 1973. Any 

8 action taken under this section that does not create an 

9 immediate significant negative impact on the long-term 

10 survival of listed fish species over and above the range of 

11 impacts authorized under the Endangered Species Act of 

12 1973 will not alter application of the take permitted by 

13 the incidental take statement in those biological opinions 

14 under section 7(o)(2) of the Endangered Species Act of 

15 1973. 

16 STATE WATER PROJECT OFFSET AND WATER RIGHTS

17 PROTECTIONS

18 SEC. 206. (a) OFFSET FOR STATE WATER

19 PROJECT.— 

20 (1) IMPLEMENTATION IMPACTS.—The Sec21 retary of the Interior shall confer with the California 

22 Department of Fish and Wildlife in connection with 

23 the implementation of this section on potential im24 pacts to any consistency determination for oper25 ations of the State Water Project issued pursuant to 

26 California Fish and Game Code section 2080.1. 


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1 (2) ADDITIONAL YIELD.—If, as a result of the 

2 application of this section, the California Depart3 ment of Fish and Wildlife— 

4 (A) determines that operations of the State 

5 Water Project are inconsistent with the consist6 ency determinations issued pursuant to Cali7 fornia Fish and Game Code section 2080.1 for 

8 operations of the State Water Project; or 

9 (B) requires take authorization under Cali10 fornia Fish and Game Code section 2081 for 

11 operation of the State Water Project in a man12 ner that directly or indirectly results in reduced 

13 water supply to the State Water Project as 

14 compared with the water supply available under 

15 the smelt biological opinion and the salmonid 

16 biological opinion; and as a result, Central Val17 ley Project yield is greater than it otherwise 

18 would have been, then that additional yield 

19 shall be made available to the State Water 

20 Project for delivery to State Water Project con21 tractors to offset that reduced water supply. 

22 (3) NOTIFICATION RELATED TO ENVIRON23 MENTAL PROTECTIONS.—The Secretary of the Inte24 rior and Secretary of Commerce shall— 


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1 (A) notify the Director of the California 

2 Department of Fish and Wildlife regarding any 

3 changes in the manner in which the smelt bio4 logical opinion or the salmonid biological opin5 ion is implemented; and 

6 (B) confirm that those changes are con7 sistent with the Endangered Species Act of 

8 1973 (16 U.S.C. 1531 et seq.). 

9 (b) AREA OF ORIGIN AND WATER RIGHTS PROTEC10 TIONS.— 

11 (1) IN GENERAL.—The Secretary of the Inte12 rior and the Secretary of Commerce, in carrying out 

13 the mandates of this section, shall take no action 

14 that— 

15 (A) diminishes, impairs, or otherwise af16 fects in any manner any area of origin, water17 shed of origin, county of origin, or any other 

18 water rights protection, including rights to 

19 water appropriated before December 19, 1914, 

20 provided under State law; 

21 (B) limits, expands or otherwise affects the 

22 application of section 10505, 10505.5, 11128, 

23 11460, 11461, 11462, 11463 or 12200 through 

24 12220 of the California Water Code or any 

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1 out respect to whether such a provision is spe2 cifically referred to in this section; or 

3 (C) diminishes, impairs, or otherwise af4 fects in any manner any water rights or water 

5 rights priorities under applicable law. 

6 (2) SECTION 7 OF THE ENDANGERED SPECIES

7 ACT.—Any action proposed to be undertaken by the 

8 Secretary of the Interior and the Secretary of Com9 merce pursuant to both this section and section 7 of 

10 the Endangered Species Act of 1973 (16 U.S.C. 

11 1531 et seq.) shall be undertaken in a manner that 

12 does not alter water rights or water rights priorities 

13 established by California law or it shall not be un14 dertaken at all. Nothing in this subsection affects 

15 the obligations of the Secretary of the Interior and 

16 the Secretary of Commerce under section 7 of the 

17 Endangered Species Act of 1973. 

18 (3) EFFECT OF ACT.— 

19 (A) Nothing in this section affects or modi20 fies any obligation of the Secretary of the Inte21 rior under section 8 of the Act of June 17, 

22 1902 (32 Stat. 390, chapter 1093). 

23 (B) Nothing in this section diminishes, im24 pairs, or otherwise affects in any manner any 

25 Project purposes or priorities for the allocation, 


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1 delivery or use of water under applicable law, 

2 including the Project purposes and priorities es3 tablished under section 3402 and section 3406 

4 of the Central Valley Project Improvement Act 

5 (Public Law 102–575; 106 Stat. 4706). 

6 (c) NO REDIRECTED ADVERSE IMPACTS.— 

7 (1) IN GENERAL.—The Secretary of the Inte8 rior and Secretary of Commerce shall not carry out 

9 any specific action authorized under this section that 

10 will directly or through State agency action indi11 rectly result in the involuntary reduction of water 

12 supply to an individual, district, or agency that has 

13 in effect a contract for water with the State Water 

14 Project or the Central Valley Project, including Set15 tlement and Exchange contracts, refuge contracts, 

16 and Friant Division contracts, as compared to the 

17 water supply that would be provided in the absence 

18 of action under this section, and nothing in this sec19 tion is intended to modify, amend or affect any of 

20 the rights and obligations of the parties to such con21 tracts. 

22 (2) ACTION ON DETERMINATION.—If, after ex23 ploring all options, the Secretary of the Interior or 

24 the Secretary of Commerce makes a final determina25 tion that a proposed action under this section cannot 


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1 be carried out in accordance with paragraph (1), 

2 that Secretary— 

3 (A) shall document that determination in 

4 writing for that action, including a statement of 

5 the facts relied on, and an explanation of the 

6 basis, for the decision; 

7 (B) may exercise the Secretary’s existing 

8 authority, including authority to undertake the 

9 drought-related actions otherwise addressed in 

10 this title, or to otherwise comply with other ap11 plicable law, including the Endangered Species 

12 Act of 1973 (16 U.S.C. 1531 et seq.); and 

13 (C) shall comply with subsection (a). 

14 (d) ALLOCATIONS FOR SACRAMENTO VALLEY WATER

15 SERVICE CONTRACTORS.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) EXISTING CENTRAL VALLEY PROJECT

18 AGRICULTURAL WATER SERVICE CONTRACTOR

19 WITHIN THE SACRAMENTO RIVER WATER20 SHED.—The term ‘‘existing Central Valley 

21 Project agricultural water service contractor 

22 within the Sacramento River Watershed’’ 

23 means any water service contractor within the 

24 Shasta, Trinity, or Sacramento River division of 

25 the Central Valley Project that has in effect a 


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1 water service contract on the date of enactment 

2 of this section that provides water for irriga3 tion. 

4 (B) YEAR TERMS.—The terms ‘‘Above 

5 Normal’’, ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, 

6 with respect to a year, have the meanings given 

7 those terms in the Sacramento Valley Water 

8 Year Type (40–30–30) Index. 

9 (2) ALLOCATIONS OF WATER.— 

10 (A) ALLOCATIONS.—Subject to subsection 

11 (c), the Secretary of the Interior shall make 

12 every reasonable effort in the operation of the 

13 Central Valley Project to allocate water pro14 vided for irrigation purposes to each existing 

15 Central Valley Project agricultural water service 

16 contractor within the Sacramento River Water17 shed in accordance with the following: 

18 (i) Not less than 100 percent of the 

19 contract quantity of the existing Central 

20 Valley Project agricultural water service 

21 contractor within the Sacramento River 

22 Watershed in a ‘‘Wet’’ year. 

23 (ii) Not less than 100 percent of the 

24 contract quantity of the existing Central 

25 Valley Project agricultural water service 


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1 Contractor within the Sacramento River 

2 Watershed in an ‘‘Above Normal’’ year. 

3 (iii) Not less than 100 percent of the 

4 contract quantity of the existing Central 

5 Valley Project agricultural water service 

6 contractor within the Sacramento River 

7 Watershed in a ‘‘Below Normal’’ year that 

8 is preceded by an ‘‘Above Normal’’ or 

9 ‘‘Wet’’ year. 

10 (iv) Not less than 50 percent of the 

11 contract quantity of the existing Central 

12 Valley Project agricultural water service 

13 contractor within the Sacramento River 

14 Watershed in a ‘‘Dry’’ year that is pre15 ceded by a ‘‘Below Normal’’, ‘‘Above Nor16 mal’’, or ‘‘Wet’’ year. 

17 (v) Subject to clause (ii), in any other 

18 year not identified in any of clauses (i) 

19 through (iv), not less than twice the alloca20 tion percentage to south-of-Delta Central 

21 Valley Project agricultural water service 

22 contractors, up to 100 percent. 

23 (B) EFFECT OF CLAUSE.—Nothing in 

24 clause (A)(v) precludes an allocation to an ex25 isting Central Valley Project agricultural water 


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1 service contractor within the Sacramento River 

2 Watershed that is greater than twice the alloca3 tion percentage to a south-of-Delta Central Val4 ley Project agricultural water service con5 tractor. 

6 (3) PROTECTION OF ENVIRONMENT, MUNICIPAL

7 AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC8 TORS.— 

9 (A) ENVIRONMENT.—Nothing in para10 graph (2) shall adversely affect— 

11 (i) the cold water pool behind Shasta 

12 Dam; 

13 (ii) the obligation of the Secretary of 

14 the Interior to make water available to 

15 managed wetlands pursuant to section 

16 3406(d) of the Central Valley Project Im17 provement Act (Public Law 102–575; 106 

18 Stat. 4722); or 

19 (iii) any obligation— 

20 (I) of the Secretary of the Inte21 rior and the Secretary of Commerce 

22 under the smelt biological opinion, the 

23 salmonid biological opinion, or any 

24 other applicable biological opinion; or 


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1 (II) under the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1531 et 

3 seq.) or any other applicable law (in4 cluding regulations). 

5 (B) MUNICIPAL AND INDUSTRIAL SUP6 PLIES.—Nothing in paragraph (2)— 

7 (i) modifies any provision of a water 

8 Service contract that addresses municipal 

9 or industrial water shortage policies of the 

10 Secretary of the Interior and the Secretary 

11 of Commerce; 

12 (ii) affects or limits the authority of 

13 the Secretary of the Interior and the Sec14 retary of Commerce to adopt or modify 

15 municipal and industrial water shortage 

16 policies; 

17 (iii) affects or limits the authority of 

18 the Secretary of the Interior and the Sec19 retary of Commerce to implement a munic20 ipal or industrial water shortage policy; 

21 (iv) constrains, governs, or affects, di22 rectly or indirectly, the operations of the 

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1 sion or a unit or facility of that division; 

2 or 

3 (v) affects any allocation to a Central 

4 Valley Project municipal or industrial 

5 water service contractor by increasing or 

6 decreasing allocations to the contractor, as 

7 compared to the allocation the contractor 

8 would have received absent paragraph (2). 

9 (C) OTHER CONTRACTORS.—Nothing in 

10 subsection (b)— 

11 (i) affects the priority of any indi12 vidual or entity with Sacramento River 

13 water rights, including an individual or en14 tity with a Sacramento River settlement 

15 contract, that has priority to the diversion 

16 and use of Sacramento River water over 

17 water rights held by the United States for 

18 operations of the Central Valley Project; 

19 (ii) affects the obligation of the 

20 United States to make a substitute supply 

21 of water available to the San Joaquin 

22 River exchange contractors; 

23 (iii) affects the allocation of water to 

24 Friant division contractors of the Central 

25 Valley Project; 


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1 (iv) results in the involuntary reduc2 tion in contract water allocations to indi3 viduals or entities with contracts to receive 

4 water from the Friant division; or 

5 (v) authorizes any actions inconsistent 

6 with State water rights law. 

7 SEC. 207. None of the funds in this Act shall be avail8 able to implement the Stipulation of Settlement (Natural 

9 Resources Defense Council, et al. v. Kirk Rodgers, et al., 

10 Eastern District of California, No. Civ. 9 S–88–1658 

11 LKK/GGH) or subtitle A of title X of Public Law 111– 

12 11. 

13 SEC. 208. None of the funds in this Act shall be avail14 able for the purchase of water in the State of California 

15 to supplement instream flow within a river basin that has 

16 suffered a drought within the last two years. 

17 SEC. 209. The Commissioner of Reclamation is di18 rected to work with local water and irrigation districts in 

19 the Stanislaus River Basin to ascertain the water storage 

20 made available by the Draft Plan of Operations in New 

21 Melones Reservoir (DRPO) for water conservation pro22 grams, conjunctive use projects, water transfers, resched23 uled project water and other projects to maximize water 

24 storage and ensure the beneficial use of the water re25 sources in the Stanislaus River Basin. All such programs 


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1 and projects shall be implemented according to all applica2 ble laws and regulations. The source of water for any such 

3 storage program at New Melones Reservoir shall be made 

4 available under a valid water right, consistent with the 

5 State water transfer guidelines and any other applicable 

6 State water law. The Commissioner shall inform the Con7 gress within 18 months setting forth the amount of stor8 age made available by the DRPO that has been put to 

9 use under this program, including proposals received by 

10 the Commissioner from interested parties for the purpose 

11 of this section. 

12 TITLE III 

13 DEPARTMENT OF ENERGY 

14 ENERGY PROGRAMS 

15 ENERGY EFFICIENCY AND RENEWABLE ENERGY

16 For Department of Energy expenses including the 

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

19 efficiency and renewable energy 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 $1,825,000,000, to remain available until expended: ProVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 vided, That of such amount, $149,500,000 shall be avail2 able until September 30, 2018, for program direction. 

3 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for elec7 tricity delivery and energy reliability activities in carrying 

8 out the purposes of the Department of Energy Organiza9 tion Act (42 U.S.C. 7101 et seq.), including the acquisi10 tion or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, $225,000,000, to remain available until expended: 

13 Provided, That of such amount, $28,000,000 shall be 

14 available until September 30, 2018, for program direction. 

15 NUCLEAR ENERGY

16 For Department of Energy expenses including the 

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

19 energy activities in carrying out the purposes of the De20 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

22 real property or any facility or for plant or facility acquisi23 tion, construction, or expansion and the purchase of no 

24 more than three emergency service vehicles for replace25 ment only, $1,011,616,000, to remain available until exVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 pended: Provided, That of such amount, $80,000,000 shall 

2 be available until September 30, 2018, for program direc3 tion. 

4 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

5 For Department of Energy expenses necessary in car6 rying out fossil energy research and development activi7 ties, under the authority of the Department of Energy Or8 ganization Act (42 U.S.C. 7101 et seq.), including the ac9 quisition of interest, including defeasible and equitable in10 terests in any real property or any facility or for plant 

11 or facility acquisition or expansion, and for conducting in12 quiries, technological investigations and research con13 cerning the extraction, processing, use, and disposal of 

14 mineral substances without objectionable social and envi15 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

16 $645,000,000, to remain available until expended: Pro17 vided, That of such amount $59,475,000 shall be available 

18 until September 30, 2018, for program direction. 

19 OFFICE OF TECHNOLOGY TRANSITIONS

20 For Department of Energy expenses necessary for 

21 technology transitions and commercialization activities in 

22 carrying out the purposes of the Department of Energy 

23 Organization Act (42 U.S.C. 7101 et seq.), section 1001 

24 of the Energy Policy Act of 2005 (42 U.S.C. 16391), and 

25 the Stevenson-Wydler Technology Innovation Act of 1980 


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1 (15 U.S.C. 3701 et seq.), $7,000,000, to remain available 

2 until September 30, 2018. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For Department of Energy expenses necessary to 

5 carry out naval petroleum and oil shale reserve activities, 

6 $14,950,000, to remain available until expended: Pro7 vided, That notwithstanding any other provision of law, 

8 unobligated funds remaining from prior years shall be 

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

11 STRATEGIC PETROLEUM RESERVE

12 For Department of Energy expenses necessary for 

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

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

16 et seq.), $257,000,000, to remain available until expended. 

17 NORTHEAST HOME HEATING OIL RESERVE

18 For Department of Energy expenses necessary for 

19 Northeast Home Heating Oil Reserve storage, operation, 

20 and management activities pursuant to the Energy Policy 

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

22 $6,500,000, to remain available until expended. 

23 ENERGY INFORMATION ADMINISTRATION

24 For Department of Energy expenses necessary in car25 rying out the activities of the Energy Information AdminVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 istration, $122,000,000, to remain available until ex2 pended. 

3 NON-DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for non-de7 fense environmental cleanup activities in carrying out the 

8 purposes of the Department of Energy Organization Act 

9 (42 U.S.C. 7101 et seq.), including the acquisition or con10 demnation of any real property or any facility or for plant 

11 or facility acquisition, construction, or expansion, 

12 $226,745,000, to remain available until expended. 

13 URANIUM ENRICHMENT DECONTAMINATION AND

14 DECOMMISSIONING FUND

15 For Department of Energy expenses necessary in car16 rying out uranium enrichment facility decontamination 

17 and decommissioning, remedial actions, and other activi18 ties of title II of the Atomic Energy Act of 1954 (42 

19 U.S.C. 2297f et seq.) and title A, subtitle X, of the Energy 

20 Policy Act of 1992 (42 U.S.C. 2296a et seq.), 

21 $698,540,000, to be derived from the Uranium Enrich22 ment Decontamination and Decommissioning Fund, to re23 main available until expended, of which $32,959,000 shall 

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

25 Energy Policy Act of 1992. 


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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 facility or for plant or facility acquisition, construc9 tion, or expansion, and purchase of not more than 17 pas10 senger motor vehicles for replacement only, including one 

11 ambulance and one bus, $5,400,000,000, to remain avail12 able until expended: Provided, That of such amount, 

13 $184,697,000 shall be available until September 30, 2018, 

14 for program direction. 

15 NUCLEAR WASTE DISPOSAL

16 For nuclear waste disposal activities to carry out the 

17 purposes of the Nuclear Waste Policy Act of 1982 (Public 

18 Law 97–425), including the acquisition of real property 

19 or facility construction or expansion, $150,000,000, to re20 main available until expended, and to be derived from the 

21 Nuclear Waste Fund: Provided, That of the amount pro22 vided under this heading, $5,000,000 shall be made avail23 able to affected units of local government, as defined in 

24 section 2(31) of the Nuclear Waste Policy Act of 1982 


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1 (42 U.S.C. 10101(31)), to support the Yucca Mountain 

2 geologic repository, as authorized by such Act. 

3 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

4 For Department of Energy expenses necessary in car5 rying out the activities authorized by section 5012 of the 

6 America COMPETES Act (42 U.S.C. 16538), 

7 $305,889,000, to remain available until expended: Pro8 vided, That of such amount, $29,250,000 shall be avail9 able until September 30, 2018, for program direction. 

10 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

11 PROGRAM

12 Such sums as are derived from amounts received 

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

14 Policy Act of 2005 (42 U.S.C. 16512(b)) under this head15 ing in prior Acts, shall be collected in accordance with sec16 tion 502(7) of the Congressional Budget Act of 1974: Pro17 vided, That for necessary administrative expenses to carry 

18 out this Loan Guarantee program, $37,000,000 is appro19 priated, to remain available until September 30, 2018: 

20 Provided further, That $30,000,000 of the fees collected 

21 pursuant to section 1702(h) of the Energy Policy Act of 

22 2005 shall be credited as offsetting collections to this ac23 count to cover administrative expenses and shall remain 

24 available until expended, so as to result in a final fiscal 

25 year 2017 appropriation from the general fund estimated 


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1 at not more than $7,000,000: Provided further, That fees 

2 collected under section 1702(h) in excess of the amount 

3 appropriated for administrative expenses shall not be 

4 available until appropriated: Provided further, That the 

5 Department of Energy shall not subordinate any loan obli6 gation to other financing in violation of section 1702 of 

7 the Energy Policy Act of 2005 or subordinate any Guaran8 teed Obligation to any loan or other debt obligations in 

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

10 Regulations. 

11 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

12 LOAN PROGRAM

13 For Department of Energy administrative expenses 

14 necessary in carrying out the Advanced Technology Vehi15 cles Manufacturing Loan Program, $5,000,000, to remain 

16 available until September 30, 2018. 

17 DEPARTMENTAL ADMINISTRATION

18 For salaries and expenses of the Department of En19 ergy necessary for departmental administration in car20 rying out the purposes of the Department of Energy Orga21 nization Act (42 U.S.C. 7101 et seq.), $233,971,000, to 

22 remain available until September 30, 2018, including the 

23 hire of passenger motor vehicles and official reception and 

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

25 additional amounts as necessary to cover increases in the 


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1 estimated amount of cost of work for others notwith2 standing the provisions of the Anti-Deficiency Act (31 

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

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

5 or greater amount: Provided further, That moneys received 

6 by the Department for miscellaneous revenues estimated 

7 to total $103,000,000 in fiscal year 2017 may be retained 

8 and used for operating expenses within this account, as 

9 authorized by section 201 of Public Law 95–238, notwith10 standing the provisions of 31 U.S.C. 3302: Provided fur11 ther, That the sum herein appropriated shall be reduced 

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

13 result in a final fiscal year 2017 appropriation from the 

14 general fund estimated at not more than $130,971,000: 

15 Provided further, That of the total amount made available 

16 under this heading, $31,000,000 is for Energy Policy and 

17 Systems Analysis. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses necessary for the Office of the Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $44,424,000, to remain available 

22 until September 30, 2018. 


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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 (INCLUDING RESCISSION OF FUNDS)

6 For Department of Energy expenses, including the 

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

9 atomic energy defense weapons activities in carrying out 

10 the purposes of the Department of Energy Organization 

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

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion, 

14 $9,285,147,000, to remain available until expended: Pro15 vided, That of such amount, $97,118,000 shall be avail16 able until September 30, 2018, for program direction: Pro17 vided further, That of the unobligated balances from prior 

18 year appropriations available under this heading, 

19 $42,000,000 is hereby rescinded: Provided further, That 

20 no amounts may be rescinded from amounts that were 

21 designated by the Congress as an emergency requirement 

22 pursuant to a concurrent resolution on the budget or the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985. 


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1 DEFENSE NUCLEAR NONPROLIFERATION

2 (INCLUDING RESCISSION OF FUNDS)

3 For Department of Energy expenses, including the 

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

6 defense nuclear nonproliferation activities, in carrying out 

7 the purposes of the Department of Energy Organization 

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

9 condemnation of any real property or any facility or for 

10 plant or facility acquisition, construction, or expansion, 

11 $1,821,916,000, to remain available until expended: Pro12 vided, That funds provided by this Act for Project 99– 

13 D–143, Mixed Oxide Fuel Fabrication Facility, and by 

14 prior Acts that remain unobligated for such Project, may 

15 be made available only for construction and program sup16 port activities for such Project: Provided further, That of 

17 the unobligated balances from prior year appropriations 

18 available under this heading, $14,000,000 is hereby re19 scinded: Provided further, That no amounts may be re20 scinded from amounts that were designated by the Con21 gress as an emergency requirement pursuant to a concur22 rent resolution on the budget or the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 


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1 NAVAL REACTORS

2 For Department of Energy expenses necessary for 

3 naval reactors activities to carry out the Department of 

4 Energy Organization Act (42 U.S.C. 7101 et seq.), includ5 ing the acquisition (by purchase, condemnation, construc6 tion, or otherwise) of real property, plant, and capital 

7 equipment, facilities, and facility expansion, 

8 $1,420,120,000, to remain available until expended: Pro9 vided, That of such amount, $44,100,000 shall be avail10 able until September 30, 2018, for program direction. 

11 FEDERAL SALARIES AND EXPENSES

12 For expenses necessary for Federal Salaries and Ex13 penses in the National Nuclear Security Administration, 

14 $382,387,000, to remain available until September 30, 

15 2018, including official reception and representation ex16 penses not to exceed $12,000. 

17 ENVIRONMENTAL AND OTHER DEFENSE 

18 ACTIVITIES 

19 DEFENSE ENVIRONMENTAL CLEANUP

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic 

23 energy defense environmental cleanup activities in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the acquiVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 sition or condemnation of any real property or any facility 

2 or for plant or facility acquisition, construction, or expan3 sion, and the purchase of not to exceed one fire apparatus 

4 pumper truck, one aerial lift truck, one refuse truck, and 

5 one semi-truck for replacement only, $5,226,950,000, to 

6 remain available until expended: Provided, That of such 

7 amount, $290,050,000 shall be available until September 

8 30, 2018, for program direction: Provided further, That 

9 of such amount, $26,800,000 shall be available for the 

10 purpose of a payment by the Secretary of Energy to the 

11 State of New Mexico for road improvements in accordance 

12 with section 15(b) of the Waste Isolation Pilot Plant Land 

13 Withdrawal Act (Public Law 102–579): Provided further, 

14 That the amount made available by the previous proviso 

15 shall be separate from any appropriations of funds for the 

16 Waste Isolation Pilot Plant. 

17 OTHER DEFENSE ACTIVITIES

18 For Department of Energy expenses, including the 

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

21 energy defense, other defense activities, and classified ac22 tivities, in carrying out the purposes of the Department 

23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in24 cluding the acquisition or condemnation of any real prop25 erty or any facility or for plant or facility acquisition, conVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 struction, or expansion, $776,425,000, to remain available 

2 until expended: Provided, That of such amount, 

3 $254,230,000 shall be available until September 30, 2018, 

4 for program direction. 

5 POWER MARKETING ADMINISTRATIONS 

6 BONNEVILLE POWER ADMINISTRATION FUND

7 Expenditures from the Bonneville Power Administra8 tion Fund, established pursuant to Public Law 93–454, 

9 are approved for official reception and representation ex10 penses in an amount not to exceed $5,000: Provided, That 

11 during fiscal year 2017, no new direct loan obligations 

12 may be made. 

13 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

14 ADMINISTRATION

15 For expenses necessary for operation and mainte16 nance of power transmission facilities and for marketing 

17 electric power and energy, including transmission wheeling 

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

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

20 southeastern power area, $1,000,000, including official re21 ception and representation expenses in an amount not to 

22 exceed $1,500, to remain available until expended: Pro23 vided, That notwithstanding 31 U.S.C. 3302 and section 

24 5 of the Flood Control Act of 1944, up to $1,000,000 col25 lected by the Southeastern Power Administration from the 


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1 sale of power and related services 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 Southeastern Power Adminis5 tration: Provided further, That the sum herein appro6 priated for annual expenses shall be reduced as collections 

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

8 fiscal year 2017 appropriation estimated at not more than 

9 $0: Provided further, That notwithstanding 31 U.S.C. 

10 3302, up to $60,760,000 collected by the Southeastern 

11 Power Administration pursuant to the Flood Control Act 

12 of 1944 to recover purchase power and wheeling expenses 

13 shall be credited to this account as offsetting collections, 

14 to remain available until expended for the sole purpose 

15 of making purchase power and wheeling expenditures: 

16 Provided further, That for purposes of this appropriation, 

17 annual expenses means expenditures that are generally re18 covered in the same year that they are incurred (excluding 

19 purchase power and wheeling expenses). 

20 OPERATION AND MAINTENANCE, SOUTHWESTERN

21 POWER ADMINISTRATION

22 For expenses necessary for operation and mainte23 nance of power transmission facilities and for marketing 

24 electric power and energy, for construction and acquisition 

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1 ties, and for administrative expenses, including official re2 ception and representation expenses in an amount not to 

3 exceed $1,500 in carrying out section 5 of the Flood Con4 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

5 Southwestern Power Administration, $45,643,000, to re6 main available until expended: Provided, That notwith7 standing 31 U.S.C. 3302 and section 5 of the Flood Con8 trol Act of 1944 (16 U.S.C. 825s), up to $34,586,000 col9 lected by the Southwestern Power Administration from 

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

11 this account as discretionary offsetting collections, to re12 main available until expended, for the sole purpose of 

13 funding the annual expenses of the Southwestern Power 

14 Administration: Provided further, That the sum herein ap15 propriated for annual expenses shall be reduced as collec16 tions are received during the fiscal year so as to result 

17 in a final fiscal year 2017 appropriation estimated at not 

18 more than $11,057,000: Provided further, That notwith19 standing 31 U.S.C. 3302, up to $73,000,000 collected by 

20 the Southwestern Power Administration pursuant to the 

21 Flood Control Act of 1944 to recover purchase power and 

22 wheeling expenses shall be credited to this account as off23 setting collections, to remain available until expended for 

24 the sole purpose of making purchase power and wheeling 

25 expenditures: Provided further, That for purposes of this 


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1 appropriation, annual expenses means expenditures that 

2 are generally recovered in the same year that they are in3 curred (excluding purchase power and wheeling expenses). 

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINIS6 TRATION

7 For carrying out the functions authorized by title III, 

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

9 U.S.C. 7152), and other related activities including con10 servation and renewable resources programs as author11 ized, $307,144,000, including official reception and rep12 resentation expenses in an amount not to exceed $1,500, 

13 to remain available until expended, of which $299,742,000 

14 shall be derived from the Department of the Interior Rec15 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

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

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

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

19 $211,563,000 collected by the Western Area Power Ad20 ministration from the sale of power and related services 

21 shall be credited to this account as discretionary offsetting 

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

23 purpose of funding the annual expenses of the Western 

24 Area Power Administration: Provided further, That the 

25 sum herein appropriated for annual expenses shall be reVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 duced as collections are received during the fiscal year so 

2 as to result in a final fiscal year 2017 appropriation esti3 mated at not more than $95,581,000, of which 

4 $88,179,000 is derived from the Reclamation Fund: Pro5 vided further, That notwithstanding 31 U.S.C. 3302, up 

6 to $367,009,000 collected by the Western Area Power Ad7 ministration pursuant to the Flood Control Act of 1944 

8 and the Reclamation Project Act of 1939 to recover pur9 chase power and wheeling expenses shall be credited to 

10 this account as offsetting collections, to remain available 

11 until expended for the sole purpose of making purchase 

12 power and wheeling expenditures: Provided further, That 

13 for purposes of this appropriation, annual expenses means 

14 expenditures that are generally recovered in the same year 

15 that they are incurred (excluding purchase power and 

16 wheeling expenses). 

17 FALCON AND AMISTAD OPERATING AND MAINTENANCE

18 FUND

19 For operation, maintenance, and emergency costs for 

20 the hydroelectric facilities at the Falcon and Amistad 

21 Dams, $4,070,000, to remain available until expended, 

22 and to be derived from the Falcon and Amistad Operating 

23 and Maintenance Fund of the Western Area Power Ad24 ministration, as provided in section 2 of the Act of June 

25 18, 1954 (68 Stat. 255): Provided, That notwithstanding 


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

2 $3,838,000 collected by the Western Area Power Adminis3 tration from the sale of power and related services from 

4 the Falcon and Amistad Dams shall be credited to this 

5 account as discretionary offsetting collections, to remain 

6 available until expended for the sole purpose of funding 

7 the annual expenses of the hydroelectric facilities of these 

8 Dams and associated Western Area Power Administration 

9 activities: Provided further, That the sum herein appro10 priated for annual expenses shall be reduced as collections 

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

12 fiscal year 2017 appropriation estimated at not more than 

13 $232,000: Provided further, That for purposes of this ap14 propriation, annual expenses means expenditures that are 

15 generally recovered in the same year that they are in16 curred: Provided further, That for fiscal year 2017, the 

17 Administrator of the Western Area Power Administration 

18 may accept up to $323,000 in funds contributed by United 

19 States power customers of the Falcon and Amistad Dams 

20 for deposit into the Falcon and Amistad Operating and 

21 Maintenance Fund, and such funds shall be available for 

22 the purpose for which contributed in like manner as if said 

23 sums had been specifically appropriated for such purpose: 

24 Provided further, That any such funds shall be available 

25 without further appropriation and without fiscal year limiVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 tation for use by the Commissioner of the United States 

2 Section of the International Boundary and Water Com3 mission for the sole purpose of operating, maintaining, re4 pairing, rehabilitating, replacing, or upgrading the hydro5 electric facilities at these Dams in accordance with agree6 ments reached between the Administrator, Commissioner, 

7 and the power customers. 

8 FEDERAL ENERGY REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Federal Energy Regu11 latory Commission to carry out the provisions of the De12 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

14 official reception and representation expenses not to ex15 ceed $3,000, and the hire of passenger motor vehicles, 

16 $346,800,000, to remain available until expended: Pro17 vided, That notwithstanding any other provision of law, 

18 not to exceed $346,800,000 of revenues from fees and an19 nual charges, and other services and collections in fiscal 

20 year 2017 shall be retained and used for expenses nec21 essary in this account, and shall remain available until ex22 pended: Provided further, That the sum herein appro23 priated from the general fund shall be reduced as revenues 

24 are received during fiscal year 2017 so as to result in a 


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1 final fiscal year 2017 appropriation from the general fund 

2 estimated at not more than $0. 

3 GENERAL PROVISIONS—DEPARTMENT OF 

4 ENERGY 

5 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

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

7 made available by this title for the Department of Energy 

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

9 or activity or to prepare or initiate Requests For Proposals 

10 or similar arrangements (including Requests for 

11 Quotations, Requests for Information, and Funding Op12 portunity Announcements) for a program, project, or ac13 tivity if the program, project, or activity has not been 

14 funded by Congress. 

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

16 Committees on Appropriations of both Houses of Congress 

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

18 made available in this title may be used to— 

19 (A) make a grant allocation or discretionary 

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

21 (B) make a discretionary contract award or 

22 Other Transaction Agreement totaling $1,000,000 

23 or more, including a contract covered by the Federal 

24 Acquisition Regulation; 


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1 (C) issue a letter of intent to make an alloca2 tion, award, or Agreement in excess of the limits in 

3 subparagraph (A) or (B); or 

4 (D) announce publicly the intention to make an 

5 allocation, award, or Agreement in excess of the lim6 its in subparagraph (A) or (B). 

7 (2) The Secretary of Energy shall submit to the Com8 mittees on Appropriations of both Houses of Congress 

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

10 detailing each grant allocation or discretionary grant 

11 award totaling less than $1,000,000 provided during the 

12 previous quarter. 

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

14 the report required by paragraph (2) shall include the re15 cipient of the award, the amount of the award, the fiscal 

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

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

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

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

20 made. 

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

22 to any program, project, or activity that uses budget au23 thority made available in this title under the heading ‘‘De24 partment of Energy—Energy Programs’’, enter into a 


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

2 a multiyear cooperative agreement unless— 

3 (1) the contract, grant, or cooperative agree4 ment is funded for the full period of performance as 

5 anticipated at the time of award; or 

6 (2) the contract, grant, or cooperative agree7 ment includes a clause conditioning the Federal Gov8 ernment’s obligation on the availability of future 

9 year budget authority and the Secretary notifies the 

10 Committees on Appropriations of both Houses of 

11 Congress at least 3 days in advance. 

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

13 the amounts made available by this title shall be expended 

14 as authorized by law for the programs, projects, and ac15 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

16 of Energy’’ table included under the heading ‘‘Title III— 

17 Department of Energy’’ in the report of the Committee 

18 on Appropriations accompanying this Act. 

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

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

21 the Department shall notify the Committees on Appropria22 tions of both Houses of Congress at least 30 days prior 

23 to the use of any proposed reprogramming that would 

24 cause any program, project, or activity funding level to 

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1 cent, whichever is less, during the time period covered by 

2 this Act. 

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

4 available for obligation or expenditure through a re5 programming of funds that— 

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

7 project, or activity; 

8 (2) increases funds or personnel for any pro9 gram, project, or activity for which funds are denied 

10 or restricted by this Act; or 

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

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

13 Act. 

14 (g)(1) The Secretary of Energy may waive any re15 quirement or restriction in this section that applies to the 

16 use of funds made available for the Department of Energy 

17 if compliance with such requirement or restriction would 

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

19 welfare, or national security. 

20 (2) The Secretary of Energy shall notify the Commit21 tees on Appropriations of both Houses of Congress of any 

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

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

24 a requirement or restriction would otherwise have applied. 


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1 Such notice shall include an explanation of the substantial 

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

3 SEC. 302. The unexpended balances of prior appro4 priations provided for activities in this Act may be avail5 able to the same appropriation accounts for such activities 

6 established pursuant to this title. Available balances may 

7 be merged with funds in the applicable established ac8 counts and thereafter may be accounted for as one fund 

9 for the same time period as originally enacted. 

10 SEC. 303. Funds appropriated by this or any other 

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

12 Act, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 

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

15 during fiscal year 2017 until the enactment of the Intel16 ligence Authorization Act for fiscal year 2017. 

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

18 title shall be used for the construction of facilities classi19 fied as high-hazard nuclear facilities under 10 CFR Part 

20 830 unless independent oversight is conducted by the Of21 fice of Enterprise Assessments to ensure the project is in 

22 compliance with nuclear safety requirements. 

23 SEC. 305. None of the funds made available in this 

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

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


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1 any successive departmental guidance, for construction 

2 projects where the total project cost exceeds 

3 $100,000,000, until a separate independent cost estimate 

4 has been developed for the project for that critical deci5 sion. 

6 SEC. 306. (a) None of the funds made available in 

7 this or any prior Act under the heading ‘‘Defense Nuclear 

8 Nonproliferation’’ may be made available to enter into new 

9 contracts with, or new agreements for Federal assistance 

10 to, the Russian Federation. 

11 (b) The Secretary of Energy may waive the prohibi12 tion in subsection (a) if the Secretary determines that 

13 such activity is in the national security interests of the 

14 United States. This waiver authority may not be dele15 gated. 

16 (c) A waiver under subsection (b) shall not be effec17 tive until 15 days after the date on which the Secretary 

18 submits to the Committees on Appropriations of both 

19 Houses of Congress, in classified form if necessary, a re20 port on the justification for the waiver. 

21 SEC. 307. (a) NEW REGIONAL RESERVES.—The Sec22 retary of Energy may not establish any new regional pe23 troleum product reserve unless funding for the proposed 

24 regional petroleum product reserve is explicitly requested 


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1 in advance in an annual budget submission and approved 

2 by the Congress in an appropriations Act. 

3 (b) The budget request or notification shall include— 

4 (1) the justification for the new reserve; 

5 (2) a cost estimate for the establishment, oper6 ation, and maintenance of the reserve, including 

7 funding sources; 

8 (3) a detailed plan for operation of the reserve, 

9 including the conditions upon which the products 

10 may be released; 

11 (4) the location of the reserve; and 

12 (5) the estimate of the total inventory of the re13 serve. 

14 SEC. 308. (a) Any unobligated balances available 

15 from amounts appropriated in prior fiscal years for the 

16 following accounts that were apportioned in Category C 

17 (as defined in section 120 of Office of Management and 

18 Budget Circular No A–11), are hereby rescinded in the 

19 specified amounts: 

20 (1)‘‘Atomic Energy Defense Activities—National Nu21 clear Security Administration—Weapons Activities’’, 

22 $64,126,393. 

23 (2) ‘‘Atomic Energy Defense Activities—National 

24 Nuclear Security Administration—Defense Nuclear Non25 proliferation’’, $19,127,803. 


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1 (3) ‘‘Atomic Energy Defense Activities—National 

2 Nuclear Security Administration—Naval Reactors’’, 

3 $307,262. 

4 (b) No amounts may be rescinded under subsection 

5 (a) from amounts that were designated by the Congress 

6 as an emergency requirement pursuant to the Concurrent 

7 Resolution on the Budget or the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 SEC. 309. Not to exceed $2,000,000, in aggregate, 

10 of the amounts made available by this title may be made 

11 available for project engineering and design of the Consoli12 dated Emergency Operations Center. 

13 TITLE IV 

14 INDEPENDENT AGENCIES 

15 APPALACHIAN REGIONAL COMMISSION

16 For expenses necessary to carry out the programs au17 thorized by the Appalachian Regional Development Act of 

18 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

19 necessary for the Federal Co-Chairman and the Alternate 

20 on the Appalachian Regional Commission, for payment of 

21 the Federal share of the administrative expenses of the 

22 Commission, including services as authorized by 5 U.S.C. 

23 3109, and hire of passenger motor vehicles, $146,000,000, 

24 to remain available until expended. 


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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the Defense Nuclear Fa4 cilities Safety Board in carrying out activities authorized 

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

6 Law 100–456, section 1441, $31,000,000, to remain 

7 available until September 30, 2018. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the Delta Regional Au11 thority and to carry out its activities, as authorized by 

12 the Delta Regional Authority Act of 2000, notwith13 standing sections 382C(b)(2), 382F(d), 382M, and 382N 

14 of said Act, $15,000,000, to remain available until ex15 pended. 

16 DENALI COMMISSION

17 For expenses necessary for the Denali Commission 

18 including the purchase, construction, and acquisition of 

19 plant and capital equipment as necessary and other ex20 penses, $11,000,000, to remain available until expended, 

21 notwithstanding the limitations contained in section 

22 306(g) of the Denali Commission Act of 1998: Provided, 

23 That funds shall be available for construction projects in 

24 an amount not to exceed 80 percent of total project cost 

25 for distressed communities, as defined by section 307 of 


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1 the Denali Commission Act of 1998 (division C, title III, 

2 Public Law 105–277), as amended by section 701 of ap3 pendix D, title VII, Public Law 106–113 (113 Stat. 

4 1501A–280), and an amount not to exceed 50 percent for 

5 non-distressed communities. 

6 NORTHERN BORDER REGIONAL COMMISSION

7 For expenses necessary for the Northern Border Re8 gional Commission in carrying out activities authorized by 

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

10 remain available until expended: Provided, That such 

11 amounts shall be available for administrative expenses, 

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

13 States Code. 

14 SOUTHEAST CRESCENT REGIONAL COMMISSION

15 For expenses necessary for the Southeast Crescent 

16 Regional Commission in carrying out activities authorized 

17 by subtitle V of title 40, United States Code, $250,000, 

18 to 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 $936,121,000, including official representation expenses 

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


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1 of which $20,000,000 shall be derived from the Nuclear 

2 Waste Fund: Provided, That of the amount appropriated 

3 herein, not more than $7,500,000 may be made available 

4 for salaries, travel, and other support costs for the Office 

5 of the Commission, to remain available until September 

6 30, 2018, of which, notwithstanding section 201(a)(2)(c) 

7 of the Energy Reorganization Act of 1974 (42 U.S.C. 

8 5841(a)(2)(c)), the use and expenditure shall only be ap9 proved by a majority vote of the Commission: Provided 

10 further, That revenues from licensing fees, inspection serv11 ices, and other services and collections estimated at 

12 $786,853,000 in fiscal year 2017 shall be retained and 

13 used for necessary salaries and expenses in this account, 

14 notwithstanding 31 U.S.C. 3302, and shall remain avail15 able until expended: Provided further, That of the amounts 

16 appropriated under this heading, not less than $5,000,000 

17 shall be for activities related to the development of regu18 latory infrastructure for advanced nuclear technologies, 

19 and $18,000,000 shall be for international activities, ex20 cept that the amounts provided under this proviso shall 

21 not be derived from fee revenues, notwithstanding 42 

22 U.S.C. 2214: Provided further, That the sum herein ap23 propriated shall be reduced by the amount of revenues re24 ceived during fiscal year 2017 so as to result in a final 

25 fiscal year 2017 appropriation estimated at not more than 


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1 $149,268,000: Provided further, That of the amounts ap2 propriated under this heading, $10,000,000 shall be for 

3 university research and development in areas relevant to 

4 the Commission’s mission, and $5,000,000 shall be for a 

5 Nuclear Science and Engineering Grant Program that will 

6 support multiyear projects that do not align with pro7 grammatic missions but are critical to maintaining the 

8 discipline of nuclear science and engineering. 

9 OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $12,129,000, to remain available 

13 until September 30, 2018: Provided, That revenues from 

14 licensing fees, inspection services, and other services and 

15 collections estimated at $10,044,000 in fiscal year 2017 

16 shall be retained and be available until September 30, 

17 2018, for necessary salaries and expenses in this account, 

18 notwithstanding section 3302 of title 31, United States 

19 Code: Provided further, That the sum herein appropriated 

20 shall be reduced by the amount of revenues received dur21 ing fiscal year 2017 so as to result in a final fiscal year 

22 2017 appropriation estimated at not more than 

23 $2,085,000: Provided further, That of the amounts appro24 priated under this heading, $969,000 shall be for Inspec25 tor General services for the Defense Nuclear Facilities 


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1 Safety Board, which shall not be available from fee reve2 nues. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100– 

7 203, section 5051, $3,600,000, to be derived from the Nu8 clear Waste Fund, to remain available until September 30, 

9 2018. 

10 GENERAL PROVISIONS—INDEPENDENT 

11 AGENCIES 

12 SEC. 401. The Nuclear Regulatory Commission shall 

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

14 its Internal Commission Procedures when responding to 

15 Congressional requests for information. 

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

17 title for the Nuclear Regulatory Commission may be re18 programmed for any program, project, or activity, and the 

19 Commission shall notify the Committees on Appropria20 tions of both Houses of Congress at least 30 days prior 

21 to the use of any proposed reprogramming that would 

22 cause any program funding level to increase or decrease 

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

24 during the time period covered by this Act. 


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

2 waive the notification requirement in subsection (a) if 

3 compliance with such requirement would pose a substan4 tial risk to human health, the environment, welfare, or na5 tional security. 

6 (2) The Nuclear Regulatory Commission shall notify 

7 the Committees on Appropriations of both Houses of Con8 gress of any waiver under paragraph (1) as soon as prac9 ticable, but not later than 3 days after the date of the 

10 activity to which a requirement or restriction would other11 wise have applied. Such notice shall include an explanation 

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

13 such waiver and shall provide a detailed report to the 

14 Committees of such waiver and changes to funding levels 

15 to programs, projects, or activities. 

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

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

18 Regulatory Commission—Salaries and Expenses’’ shall be 

19 expended as directed in the report of the Committee on 

20 Appropriations accompanying this Act. 

21 (d) None of the funds provided for the Nuclear Regu22 latory Commission shall be available for obligation or ex23 penditure through a reprogramming of funds that in24 creases funds or personnel for any program, project, or 


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1 activity for which funds are denied or restricted by this 

2 Act. 

3 (e) The Commission shall provide a monthly report 

4 to the Committees on Appropriations of both Houses of 

5 Congress, which includes the following for each program, 

6 project, or activity, including any prior year appropria7 tions— 

8 (1) total budget authority; 

9 (2) total unobligated balances; and 

10 (3) total unliquidated obligations. 

11 TITLE V 

12 GENERAL PROVISIONS 

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

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

15 congressional action on any legislation or appropriation 

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in 18 U.S.C. 

18 1913. 

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

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

21 agency, or instrumentality of the United States Govern22 ment, except pursuant to a transfer made by or transfer 

23 authority provided in this Act or any other appropriations 

24 Act for any fiscal year, transfer authority referenced in 

25 the report of the Committee on Appropriations accomVerDate Sep 11 2014 23:45 Apr 26, 2016 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H5055.RH H5055

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1 panying this Act, or any authority whereby a department, 

2 agency, or instrumentality of the United States Govern3 ment may provide goods or services to another depart4 ment, agency, or instrumentality. 

5 (b) None of the funds made available for any depart6 ment, agency, or instrumentality of the United States 

7 Government may be transferred to accounts funded in title 

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

9 transfer authority provided in this Act or any other appro10 priations Act for any fiscal year, transfer authority ref11 erenced in the report of the Committee on Appropriations 

12 accompanying this Act, or any authority whereby a de13 partment, agency, or instrumentality of the United States 

14 Government may provide goods or services to another de15 partment, agency, or instrumentality. 

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

17 funded in this Act utilizing any transfer authority shall 

18 submit to the Committees on Appropriations of both 

19 Houses of Congress a semiannual report detailing the 

20 transfer authorities, except for any authority whereby a 

21 department, agency, or instrumentality of the United 

22 States Government may provide goods or services to an23 other department, agency, or instrumentality, used in the 

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

25 shall include the amounts transferred and the purposes 


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

2 modify existing notification requirements for each author3 ity. 

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

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

6 12898 of February 11, 1994 (Federal Actions to Address 

7 Environmental Justice in Minority Populations and Low8 Income Populations). 

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

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

11 network unless such network blocks the viewing, 

12 downloading, and exchanging of pornography. 

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

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 SEC. 505. None of the funds made available by this 

18 Act may be used to conduct closure of adjudicatory func19 tions, technical review, or support activities associated 

20 with Yucca Mountain geologic repository license applica21 tion, or for actions that irrevocably remove the possibility 

22 that Yucca Mountain may be a repository option in the 

23 future. 

24 SEC. 506. None of the funds made available by this 

25 Act may be used to further implementation of the coastal 


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1 and marine spatial planning and ecosystem-based manage2 ment components of the National Ocean Policy developed 

3 under Executive Order No. 13547 of July 19, 2010. 

4 SEC. 507. None of the funds made available by this 

5 Act may be used for the removal of any federally owned 

6 or operated dam. 

7 SPENDING REDUCTION ACCOUNT

8 SEC. 508. The amount by which the applicable alloca9 tion of new budget authority made by the Committee on 

10 Appropriations of the House of Representatives under sec11 tion 302(b) of the Congressional Budget Act of 1974 ex12 ceeds the amount of proposed new budget authority is $0. 

13 This Act may be cited as the ‘‘Energy and Water De14 velopment and Related Agencies Appropriations Act, 

15 2017’’. 


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Union Calendar No. 411 

114TH CONGRESS 

2D SESSION H. R. 5055 

[Report No. 114–532] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2017, and for other pur- opment and related agencies for the fiscal year 

APRIL 26, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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