IB 

Union Calendar No. 64 

114TH CONGRESS 

1ST SESSION H. R. 2028 

[Report No. 114–91] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2016, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2015 

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, 2016, 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, 2016, and for other pur7 poses, namely: 

8 TITLE I—CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super13 vision of the Chief of Engineers for authorized civil func14 tions of the Department of the Army pertaining to river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related efforts. 

17 INVESTIGATIONS

18 For expenses necessary where authorized by law for 

19 the collection and study of basic information pertaining 

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

21 shore protection, aquatic ecosystem restoration, and re22 lated needs; for surveys and detailed studies, and plans 

23 and specifications of proposed river and harbor, flood and 

24 storm damage reduction, shore protection, and aquatic 

25 ecosystem restoration projects, and related efforts prior to 

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1 construction; for restudy of authorized projects; and for 

2 miscellaneous investigations, and, when authorized by law, 

3 surveys and detailed studies, and plans and specifications 

4 of projects prior to construction, $110,000,000, to remain 

5 available until expended. 

6 CONSTRUCTION

7 For expenses necessary for the construction of river 

8 and harbor, flood and storm damage reduction, shore pro9 tection, aquatic ecosystem restoration, and related 

10 projects authorized by law; for conducting detailed studies, 

11 and plans and specifications, of such projects (including 

12 those involving participation by States, local governments, 

13 or private groups) authorized or made eligible for selection 

14 by law (but such detailed studies, and plans and specifica15 tions, shall not constitute a commitment of the Govern16 ment to construction); $1,631,000,000, to remain avail17 able until expended; of which such sums as are necessary 

18 to cover the Federal share of construction costs for facili19 ties under the Dredged Material Disposal Facilities pro20 gram shall be derived from the Harbor Maintenance Trust 

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

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

23 of construction, replacement, rehabilitation, and expansion 

24 of inland waterways projects shall be derived from the Inmstockstill on DSK4VPTVN1PROD with BILLS

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1 land Waterways Trust Fund, except as otherwise specifi2 cally provided for in law. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River allu6 vial valley below Cape Girardeau, Missouri, as authorized 

7 by law, $275,000,000, to remain available until expended, 

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

9 share of eligible operation and maintenance costs for in10 land harbors shall be derived from the Harbor Mainte11 nance Trust Fund. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, mainte14 nance, and care of existing river and harbor, flood and 

15 storm damage reduction, aquatic ecosystem restoration, 

16 and related projects authorized by law; providing security 

17 for infrastructure owned or operated by the Corps, includ18 ing administrative buildings and laboratories; maintaining 

19 harbor channels provided by a State, municipality, or 

20 other public agency that serve essential navigation needs 

21 of general commerce, where authorized by law; surveying 

22 and charting northern and northwestern lakes and con23 necting waters; clearing and straightening channels; and 

24 removing obstructions to navigation, $3,058,000,000, to 

25 remain available until expended, of which such sums as 

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1 are necessary to cover the Federal share of eligible oper2 ation and maintenance costs for coastal harbors and chan3 nels, and for inland harbors shall be derived from the Har4 bor Maintenance Trust Fund; of which such sums as be5 come available from the special account for the Corps of 

6 Engineers established by the Land and Water Conserva7 tion Fund Act of 1965 shall be derived from that account 

8 for resource protection, research, interpretation, and 

9 maintenance activities related to resource protection in the 

10 areas at which outdoor recreation is available; and of 

11 which such sums as become available from fees collected 

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

13 to cover the cost of operation and maintenance of the 

14 dredged material disposal facilities for which such fees 

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

16 amount of funds provided for each of the programs, 

17 projects, or activities funded under this heading shall not 

18 be allocated to a field operating activity prior to the begin19 ning of the fourth quarter of the fiscal year and shall be 

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

21 emergency activities as the Chief of Engineers determines 

22 to be necessary and appropriate, and that the Chief of En23 gineers shall allocate during the fourth quarter any re24 maining funds which have not been used for emergency 

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1 activities proportionally in accordance with the amounts 

2 provided for the programs, projects, or activities. 

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws 

5 pertaining to regulation of navigable waters and wetlands, 

6 $200,000,000, to remain available until September 30, 

7 2017. 

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 For expenses necessary to clean up contamination 

10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $104,000,000, to remain available until expended. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For expenses necessary to prepare for flood, hurri15 cane, and other natural disasters and support emergency 

16 operations, repairs, and other activities in response to 

17 such disasters as authorized by law, $34,000,000, to re18 main available until expended. 

19 EXPENSES

20 For expenses necessary for the supervision and gen21 eral administration of the civil works program in the head22 quarters of the Corps of Engineers and the offices of the 

23 Division Engineers; and for costs of management and op24 eration of the Humphreys Engineer Center Support Activ25 ity, the Institute for Water Resources, the United States 

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1 Army Engineer Research and Development Center, and 

2 the United States Army Corps of Engineers Finance Cen3 ter allocable to the civil works program, $180,000,000, to 

4 remain available until September 30, 2017, of which not 

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

6 representation purposes and only during the current fiscal 

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

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

9 works activities of the Office of the Chief of Engineers 

10 or the civil works executive direction and management ac11 tivities of the division offices: Provided further, That any 

12 Flood Control and Coastal Emergencies appropriation 

13 may be used to fund the supervision and general adminis14 tration of emergency operations, repairs, and other activi15 ties in response to any flood, hurricane, or other natural 

16 disaster. 

17 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

18 FOR CIVIL WORKS

19 For the Office of the Assistant Secretary of the Army 

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

21 $4,750,000, to remain available until September 30, 2017: 

22 Provided, That not more than 25 percent of such amount 

23 may be obligated or expended until the Assistant Sec24 retary submits to the Committees on Appropriations of 

25 both Houses of Congress a work plan that allocates at 

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1 least 95 percent of the additional funding provided under 

2 each heading in this title (as designated under such head3 ing in the report of the Committee on Appropriations ac4 companying this Act) to specific programs, projects, or ac5 tivities. 

6 GENERAL PROVISIONS—CORPS OF 

7 ENGINEERS—CIVIL 

8 (INCLUDING TRANSFER OF FUNDS)

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

10 shall be available for obligation or expenditure through a 

11 reprogramming of funds that— 

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

13 or activity; 

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

15 (3) increases funds or personnel for any pro16 gram, project, or activity for which funds have been 

17 denied or restricted by this Act; 

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

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

20 Act; 

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

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

23 whichever is less; or; 

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

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

3 whichever is less. 

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

5 or activity authorized under section 205 of the Flood Con6 trol Act of 1948, section 14 of the Flood Control Act of 

7 1946, section 208 of the Flood Control Act of 1954, sec8 tion 107 of the River and Harbor Act of 1960, section 

9 103 of the River and Harbor Act of 1962, section 111 

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

11 Water Resources Development Act of 1986, section 206 

12 of the Water Resources Development Act of 1996, or sec13 tion 204 of the Water Resources Development Act of 

14 1992. 

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

16 a quarterly basis to the Committees on Appropriations of 

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

21 of this Act. 

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

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

24 commits funds beyond the amounts appropriated for that 

25 program, project, or activity that remain unobligated, exmstockstill on DSK4VPTVN1PROD with BILLS

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1 cept that such amounts may include any funds that have 

2 been made available through reprogramming pursuant to 

3 section 101. 

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

5 to the Fish and Wildlife Service, and the Fish and Wildlife 

6 Service may accept and expend, up to $4,700,000 of funds 

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

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

9 of Engineers projects. 

10 SEC. 104. None of the funds made available in this 

11 or any other Act making appropriations for Energy and 

12 Water Development for any fiscal year may be used by 

13 the Corps of Engineers to develop, adopt, implement, ad14 minister, or enforce any change to the regulations in effect 

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

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

17 purposes of the Federal Water Pollution Control Act (33 

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

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

20 or any other Act making appropriations for Energy and 

21 Water Development for any fiscal year may be used by 

22 the Corps of Engineers to develop, adopt, implement, ad23 minister, or enforce any change to the regulations and 

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

25 definition of waters under the jurisdiction of the Federal 

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1 Water Pollution Control Act (33 U.S.C. 1251 et seq.), in2 cluding the provisions of the rules dated November 13, 

3 1986, and August 25, 1993, relating to such jurisdiction, 

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

5 December 2, 2008, relating to such jurisdiction. 

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

7 Act may be used to require a permit for the discharge 

8 of dredged or fill material under the Federal Water Pollu9 tion Control Act (33 U.S.C. 1251, et seq.) for the activi10 ties identified in subparagraphs (A) and (C) of section 

11 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

12 SEC. 107. As of the date of enactment of this Act 

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

14 shall not promulgate or enforce any regulation that pro15 hibits an individual from possessing a firearm, including 

16 an assembled or functional firearm, at a water resources 

17 development project covered under section 327.0 of title 

18 36, Code of Federal Regulations (as in effect on the date 

19 of enactment of this Act), if— 

20 (1) the individual is not otherwise prohibited by 

21 law from possessing the firearm; and 

22 (2) the possession of the firearm is in compli23 ance with the law of the State in which the water 

24 resources development project is located. 

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1 SEC. 108. No funds in this Act shall be used for an 

2 open lake placement alternative of dredged material, after 

3 evaluating the least costly, environmentally acceptable 

4 manner for the disposal or management of dredged mate5 rial originating from Lake Erie or tributaries thereto, un6 less it is approved under a State water quality certification 

7 pursuant to 33 U.S.C. 1341. 

8 TITLE II—DEPARTMENT OF THE INTERIOR 

9 CENTRAL UTAH PROJECT

10 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

11 For carrying out activities authorized by the Central 

12 Utah Project Completion Act, $9,874,000, to remain 

13 available until expended, of which $1,000,000 shall be de14 posited into the Utah Reclamation Mitigation and Con15 servation Account for use by the Utah Reclamation Miti16 gation and Conservation Commission: Provided, That of 

17 the amount provided under this heading, $1,300,000 shall 

18 be available until September 30, 2017, for expenses nec19 essary in carrying out related responsibilities of the Sec20 retary of the Interior: Provided further, That for fiscal 

21 year 2016, of the amount made available to the Commis22 sion under this Act or any other Act, the Commission may 

23 use an amount not to exceed $1,500,000 for administra24 tive expenses. 

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1 BUREAU OF RECLAMATION

2 The following appropriations shall be expended to 

3 execute authorized functions of the Bureau of Reclama4 tion: 

5 WATER AND RELATED RESOURCES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For management, development, and restoration of 

8 water and related natural resources and for related activi9 ties, including the operation, maintenance, and rehabilita10 tion of reclamation and other facilities, participation in 

11 fulfilling related Federal responsibilities to Native Ameri12 cans, and related grants to, and cooperative and other 

13 agreements with, State and local governments, federally 

14 recognized Indian tribes, and others, $948,640,000, to re15 main available until expended, of which $22,000 shall be 

16 available for transfer to the Upper Colorado River Basin 

17 Fund and $5,899,000 shall be available for transfer to the 

18 Lower Colorado River Basin Development Fund; of which 

19 such amounts as may be necessary may be advanced to 

20 the Colorado River Dam Fund: Provided, That such trans21 fers may be increased or decreased within the overall ap22 propriation under this heading: Provided further, That of 

23 the total appropriated, the amount for program activities 

24 that can be financed by the Reclamation Fund or the Bu25 reau of Reclamation special fee account established by 16 

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

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

3 395 are available until expended for the purposes for 

4 which the funds were contributed: Provided further, That 

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

6 to this account and are available until expended for the 

7 same purposes as the sums appropriated under this head8 ing: Provided further, That of the amounts provided here9 in, funds may be used for high-priority projects which 

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

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

12 CENTRAL VALLEY PROJECT RESTORATION FUND

13 For carrying out the programs, projects, plans, habi14 tat restoration, improvement, and acquisition provisions of 

15 the Central Valley Project Improvement Act, $49,528,000, 

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

17 Central Valley Project Restoration Fund pursuant to sec18 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

19 102–575, to remain available until expended: Provided, 

20 That the Bureau of Reclamation is directed to assess and 

21 collect the full amount of the additional mitigation and 

22 restoration payments authorized by section 3407(d) of 

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

24 funds made available under this heading may be used for 

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

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

2 by a court adopted decree or order. 

3 CALIFORNIA BAY-DELTA RESTORATION

4 (INCLUDING TRANSFERS OF FUNDS)

5 For carrying out activities authorized by the Water 

6 Supply, Reliability, and Environmental Improvement Act, 

7 consistent with plans to be approved by the Secretary of 

8 the Interior, $37,000,000, to remain available until ex9 pended, of which such amounts as may be necessary to 

10 carry out such activities may be transferred to appropriate 

11 accounts of other participating Federal agencies to carry 

12 out authorized purposes: Provided, That funds appro13 priated herein may be used for the Federal share of the 

14 costs of CALFED Program management: Provided fur15 ther, That CALFED implementation shall be carried out 

16 in a balanced manner with clear performance measures 

17 demonstrating concurrent progress in achieving the goals 

18 and objectives of the Program. 

19 POLICY AND ADMINISTRATION

20 For expenses necessary for policy, administration, 

21 and related functions in the Office of the Commissioner, 

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

23 Bureau of Reclamation, to remain available until Sep24 tember 30, 2017, $59,500,000, to be derived from the 

25 Reclamation Fund and be nonreimbursable as provided in 

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1 43 U.S.C. 377: Provided, That not more than 25 percent 

2 of such amount may be obligated or expended until Rec3 lamation complies with congressional and statutory direc4 tion related to Technical Memorandum 8140-CC-2004-1 

5 (‘‘Corrosion Considerations for Buried Metallic Water 

6 Pipe’’) and the associated pipeline reliability study: Pro7 vided further, That no part of any other appropriation in 

8 this Act shall be available for activities or functions budg9 eted as policy and administration expenses. 

10 ADMINISTRATIVE PROVISION

11 Appropriations for the Bureau of Reclamation shall 

12 be available for purchase of not to exceed five passenger 

13 motor vehicles, which are for replacement only. 

14 GENERAL PROVISIONS—DEPARTMENT OF THE 

15 INTERIOR 

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

17 shall be available for obligation or expenditure through a 

18 reprogramming of funds that— 

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

20 or activity; 

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

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

23 activity for which funds have been denied or re24 stricted by this Act; 

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

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

3 unless prior approval is received from the Commit4 tees on Appropriations of both Houses of Congress; 

5 (5) transfers funds in excess of the following 

6 limits— 

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

8 activity for which $2,000,000 or more is avail9 able at the beginning of the fiscal year; or 

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

11 activity for which less than $2,000,000 is avail12 able at the beginning of the fiscal year; 

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

14 the Facilities Operation, Maintenance, and Rehabili15 tation category or the Resources Management and 

16 Development category to any program, project, or 

17 activity in the other category; or 

18 (7) transfers, when necessary to discharge legal 

19 obligations of the Bureau of Reclamation, more than 

20 $5,000,000 to provide adequate funds for settled 

21 contractor claims, increased contractor earnings due 

22 to accelerated rates of operations, and real estate de23 ficiency judgments. 

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

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

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

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

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of both Houses of Congress detailing all the funds repro10 grammed between programs, projects, activities, or cat11 egories of funding. The first quarterly report shall be sub12 mitted not later than 60 days after the date of enactment 

13 of this Act. 

14 SEC. 202. (a) None of the funds appropriated or oth15 erwise made available by this Act may be used to deter16 mine the final point of discharge for the interceptor drain 

17 for the San Luis Unit until development by the Secretary 

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

19 shall conform to the water quality standards of the State 

20 of California as approved by the Administrator of the En21 vironmental Protection Agency, to minimize any detri22 mental effect of the San Luis drainage waters. 

23 (b) The costs of the Kesterson Reservoir Cleanup 

24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the 

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1 Interior as reimbursable or nonreimbursable and collected 

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

3 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter4 native Repayment Plan’’ described in the report entitled 

5 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro6 gram and San Joaquin Valley Drainage Program, Feb7 ruary 1995’’, prepared by the Department of the Interior, 

8 Bureau of Reclamation. Any future obligations of funds 

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

10 service or drainage studies for the San Luis Unit shall 

11 be fully reimbursable by San Luis Unit beneficiaries of 

12 such service or studies pursuant to Federal reclamation 

13 law. 

14 SEC. 203. The Secretary of the Interior, acting 

15 through the Commissioner of Reclamation, shall— 

16 (1) complete the feasibility studies described in 

17 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 

18 Public Law 108–361 (118 Stat. 1684) and submit 

19 such studies to the appropriate committees of the 

20 House of Representatives and the Senate not later 

21 than December 31, 2015; 

22 (2) complete the feasibility studies described in 

23 clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 

24 Public Law 108–361 and submit such studies to the 

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1 tives and the Senate not later than November 30, 

2 2016; 

3 (3) complete the feasibility study described in 

4 section 103(f)(1)(A) of Public Law 108–361 (118 

5 Stat. 1694) and submit such study to the appro6 priate committees of the House of Representatives 

7 and the Senate not later than December 31, 2017; 

8 and 

9 (4) provide a progress report on the status of 

10 the feasibility studies referred to in paragraphs (1) 

11 through (3) to the appropriate committees of the 

12 House of Representatives and the Senate not later 

13 than 90 days after the date of the enactment of this 

14 Act and each 180 days thereafter until December 

15 31, 2017, as applicable. The report shall include 

16 timelines for study completion, draft environmental 

17 impact statements, final environmental impact state18 ments, and Records of Decision. 

19 TITLE III—DEPARTMENT OF ENERGY 

20 ENERGY PROGRAMS 

21 ENERGY EFFICIENCY AND RENEWABLE ENERGY

22 For Department of Energy expenses including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment, and other expenses necessary for energy 

25 efficiency and renewable energy activities in carrying out 

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1 the purposes of the Department of Energy Organization 

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

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 $1,657,774,000, to remain available until expended: Pro6 vided, That of such amount, $150,000,000 shall be avail7 able until September 30, 2017, for program direction. 

8 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

9 For Department of Energy expenses including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment, and other expenses necessary for elec12 tricity delivery and energy reliability activities in carrying 

13 out the purposes of the Department of Energy Organiza14 tion Act (42 U.S.C. 7101 et seq.), including the acquisi15 tion or condemnation of any real property or any facility 

16 or for plant or facility acquisition, construction, or expan17 sion, $187,500,000, to remain available until expended: 

18 Provided, That of such amount, $27,000,000 shall be 

19 available until September 30, 2017, for program direction. 

20 NUCLEAR ENERGY

21 For Department of Energy expenses including the 

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

24 energy activities in carrying out the purposes of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

2 real property or any facility or for plant or facility acquisi3 tion, construction, or expansion, $936,161,000, to remain 

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

5 $80,000,000 shall be available until September 30, 2017, 

6 for program direction including official reception and rep7 resentation expenses not to exceed $10,000. 

8 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

9 For Department of Energy expenses necessary in car10 rying out fossil energy research and development activi11 ties, under the authority of the Department of Energy Or12 ganization Act (42 U.S.C. 7101 et seq.), including the ac13 quisition of interest, including defeasible and equitable in14 terests in any real property or any facility or for plant 

15 or facility acquisition or expansion, and for conducting in16 quiries, technological investigations and research con17 cerning the extraction, processing, use, and disposal of 

18 mineral substances without objectionable social and envi19 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

20 $605,000,000, to remain available until expended: Pro21 vided, That of such amount $120,000,000 shall be avail22 able until September 30, 2017, for program direction. 

23 NAVAL PETROLEUM AND OIL SHALE RESERVES

24 For Department of Energy expenses necessary to 

25 carry out naval petroleum and oil shale reserve activities, 

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1 $17,500,000, to remain available until expended: Pro2 vided, That, notwithstanding any other provision of law, 

3 unobligated funds remaining from prior years shall be 

4 available for all naval petroleum and oil shale reserve ac5 tivities. 

6 STRATEGIC PETROLEUM RESERVE

7 For Department of Energy expenses necessary for 

8 Strategic Petroleum Reserve facility development and op9 erations and program management activities pursuant to 

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

11 et seq.), $212,030,000, to remain available until expended. 

12 NORTHEAST HOME HEATING OIL RESERVE

13 For Department of Energy expenses necessary for 

14 Northeast Home Heating Oil Reserve storage, operation, 

15 and management activities pursuant to the Energy Policy 

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

17 $7,600,000, to remain available until expended. 

18 ENERGY INFORMATION ADMINISTRATION

19 For Department of Energy expenses necessary in car20 rying out the activities of the Energy Information Admin21 istration, $117,000,000, to remain available until ex22 pended. 

23 NON-DEFENSE ENVIRONMENTAL CLEANUP

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and capmstockstill on DSK4VPTVN1PROD with BILLS

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1 ital equipment and other expenses necessary for non-de2 fense environmental cleanup activities in carrying out the 

3 purposes of the Department of Energy Organization Act 

4 (42 U.S.C. 7101 et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant 

6 or facility acquisition, construction, or expansion, 

7 $229,193,000, to remain available until expended. 

8 URANIUM ENRICHMENT DECONTAMINATION AND

9 DECOMMISSIONING FUND

10 For Department of Energy expenses necessary in car11 rying out uranium enrichment facility decontamination 

12 and decommissioning, remedial actions, and other activi13 ties of title II of the Atomic Energy Act of 1954, and 

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

15 $625,000,000, to be derived from the Uranium Enrich16 ment Decontamination and Decommissioning Fund, to re17 main available until expended, of which $32,959,000 shall 

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

19 Energy Policy Act of 1992. 

20 SCIENCE

21 For Department of Energy expenses including the 

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

24 activities in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), inmstockstill on DSK4VPTVN1PROD with BILLS

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1 cluding the acquisition or condemnation of any real prop2 erty or facility or for plant or facility acquisition, construc3 tion, or expansion, and purchase of not more than 17 pas4 senger motor vehicles for replacement only, including one 

5 ambulance and one bus, $5,100,000,000, to remain avail6 able until expended: Provided, That of such amount, 

7 $181,000,000 shall be available until September 30, 2017, 

8 for program direction. 

9 NUCLEAR WASTE DISPOSAL

10 For nuclear waste disposal activities to carry out the 

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

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

13 or facility construction or expansion, $150,000,000, to re14 main available until expended, and to be derived from the 

15 Nuclear Waste Fund: Provided, That of the amount pro16 vided under this heading, $5,000,000 shall be made avail17 able to affected units of local government, as defined in 

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

19 (42 U.S.C. 10101(31)), to support the Yucca Mountain 

20 geologic repository, as authorized by such Act. 

21 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

22 For Department of Energy expenses necessary in car23 rying out the activities authorized by section 5012 of the 

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

25 $280,000,000, to remain available until expended: Promstockstill on DSK4VPTVN1PROD with BILLS

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1 vided, That of such amount $28,000,000 shall be available 

2 until September 30, 2017, for program direction. 

3 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

4 PROGRAM

5 Such sums as are derived from amounts received 

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

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

8 be collected in accordance with section 502(7) of the Con9 gressional Budget Act of 1974: Provided, That, for nec10 essary administrative expenses to carry out this Loan 

11 Guarantee program, $42,000,000 is appropriated, to re12 main available until September 30, 2017: Provided further, 

13 That $25,000,000 of the fees collected pursuant to section 

14 1702(h) of the Energy Policy Act of 2005 shall be credited 

15 as offsetting collections to this account to cover adminis16 trative expenses and shall remain available until expended, 

17 so as to result in a final fiscal year 2016 appropriation 

18 from the general fund estimated at not more than 

19 $17,000,000: Provided further, That fees collected under 

20 section 1702(h) in excess of the amount appropriated for 

21 administrative expenses shall not be available until appro22 priated: Provided further, That the Department of Energy 

23 shall not subordinate any loan obligation to other financ24 ing in violation of section 1702 of the Energy Policy Act 

25 of 2005 or subordinate any Guaranteed Obligation to any 

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1 loan or other debt obligations in violation of section 

2 609.10 of title 10, Code of Federal Regulations. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOAN PROGRAM

5 For Department of Energy administrative expenses 

6 necessary in carrying out the Advanced Technology Vehi7 cles Manufacturing Loan Program, $6,000,000, to remain 

8 available until September 30, 2017. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), $247,420,000, to 

14 remain available until September 30, 2017, including the 

15 hire of passenger motor vehicles and official reception and 

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

17 additional amounts as necessary to cover increases in the 

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

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

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

22 or greater amount: Provided further, That moneys received 

23 by the Department for miscellaneous revenues estimated 

24 to total $117,171,000 in fiscal year 2016 may be retained 

25 and used for operating expenses within this account, as 

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

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

5 result in a final fiscal year 2016 appropriation from the 

6 general fund estimated at not more than $130,249,000: 

7 Provided further, That of the total amount made available 

8 under this heading, $31,297,000 is for Energy Policy and 

9 Systems Analysis. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses necessary for the Office of the Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978, $46,000,000, to remain available 

14 until September 30, 2017. 

15 ATOMIC ENERGY DEFENSE ACTIVITIES 

16 NATIONAL NUCLEAR SECURITY 

17 ADMINISTRATION 

18 WEAPONS ACTIVITIES

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other incidental expenses necessary for 

22 atomic energy defense weapons activities in carrying out 

23 the purposes of the Department of Energy Organization 

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

25 condemnation of any real property or any facility or for 

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1 plant or facility acquisition, construction, or expansion, 

2 $8,713,000,000, to remain available until expended: Pro3 vided, That $92,000,000 shall be available until Sep4 tember 30, 2017, for program direction. 

5 DEFENSE NUCLEAR NONPROLIFERATION

6 (INCLUDING RESCISSION OF FUNDS)

7 For Department of Energy expenses, including the 

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

10 defense nuclear nonproliferation activities, in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $1,918,000,000, to remain available until expended: Pro16 vided, That funds provided by this Act for Project 99– 

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

18 prior Acts that remain unobligated for such Project, may 

19 be made available only for construction and program sup20 port activities for such Project. Provided further, That of 

21 the unobligated balances from prior year appropriations 

22 available under this heading, $10,394,000 is hereby re23 scinded: Provided further, That no amounts may be re24 scinded from amounts that were designated by the Con25 gress as an emergency requirement pursuant to a concurmstockstill on DSK4VPTVN1PROD with BILLS

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1 rent resolution on the budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 NAVAL REACTORS

4 For Department of Energy expenses necessary for 

5 naval reactors activities to carry out the Department of 

6 Energy Organization Act (42 U.S.C. 7101 et seq.), includ7 ing the acquisition (by purchase, condemnation, construc8 tion, or otherwise) of real property, plant, and capital 

9 equipment, facilities, and facility expansion, 

10 $1,320,394,000, to remain available until expended: Pro11 vided, That $43,500,000 shall be available until Sep12 tember 30, 2017, for program direction. 

13 FEDERAL SALARIES AND EXPENSES

14 For expenses necessary for Federal Salaries and Ex15 penses in the National Nuclear Security Administration, 

16 $388,000,000, to remain available until September 30, 

17 2017, including official reception and representation ex18 penses not to exceed $12,000. 

19 ENVIRONMENTAL AND OTHER DEFENSE 

20 ACTIVITIES 

21 DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for atomic 

25 energy defense environmental cleanup activities in carmstockstill on DSK4VPTVN1PROD with BILLS

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1 rying out the purposes of the Department of Energy Orga2 nization Act (42 U.S.C. 7101 et seq.), including the acqui3 sition or condemnation of any real property or any facility 

4 or for plant or facility acquisition, construction, or expan5 sion, and the purchase of not to exceed one fire apparatus 

6 pumper truck and one armored vehicle for replacement 

7 only, $5,055,550,000, to remain available until expended: 

8 Provided, That of such amount $281,951,000 shall be 

9 available until September 30, 2017, for program direction. 

10 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

11 AND DECOMMISSIONING

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for atomic energy defense 

14 environmental cleanup activities for Department of En15 ergy contributions for uranium enrichment decontamina16 tion and decommissioning activities, $471,797,000, to be 

17 deposited into the Defense Environmental Cleanup ac18 count which shall be transferred to the ‘‘Uranium Enrich19 ment Decontamination and Decommissioning Fund’’. 

20 OTHER DEFENSE ACTIVITIES

21 For Department of Energy expenses, including the 

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

24 energy defense, other defense activities, and classified ac25 tivities, in carrying out the purposes of the Department 

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1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in2 cluding the acquisition or condemnation of any real prop3 erty or any facility or for plant or facility acquisition, con4 struction, or expansion, $767,570,000, to remain available 

5 until expended: Provided, That of such amount, 

6 $253,729,000 shall be available until September 30, 2017, 

7 for program direction. 

8 POWER MARKETING ADMINISTRATIONS 

9 BONNEVILLE POWER ADMINISTRATION FUND

10 Expenditures from the Bonneville Power Administra11 tion Fund, established pursuant to Public Law 93–454, 

12 are approved for the Shoshone Paiute Trout Hatchery, the 

13 Spokane Tribal Hatchery, the Snake River Sockeye Weirs 

14 and, in addition, for official reception and representation 

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

16 That during fiscal year 2016, no new direct loan obliga17 tions may be made. 

18 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

19 ADMINISTRATION

20 For expenses necessary for operation and mainte21 nance of power transmission facilities and for marketing 

22 electric power and energy, including transmission wheeling 

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

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

25 southeastern power area, $6,900,000, including official remstockstill on DSK4VPTVN1PROD with BILLS

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1 ception and representation expenses in an amount not to 

2 exceed $1,500, to remain available until expended: Pro3 vided, That notwithstanding 31 U.S.C. 3302 and section 

4 5 of the Flood Control Act of 1944, up to $6,900,000 col5 lected by the Southeastern Power Administration from the 

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

7 account as discretionary offsetting collections, to remain 

8 available until expended for the sole purpose of funding 

9 the annual expenses of the Southeastern Power Adminis10 tration: Provided further, That the sum herein appro11 priated for annual expenses shall be reduced as collections 

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

13 fiscal year 2016 appropriation estimated at not more than 

14 $0: Provided further, That, notwithstanding 31 U.S.C. 

15 3302, up to $66,500,000 collected by the Southeastern 

16 Power Administration pursuant to the Flood Control Act 

17 of 1944 to recover purchase power and wheeling expenses 

18 shall be credited to this account as offsetting collections, 

19 to remain available until expended for the sole purpose 

20 of making purchase power and wheeling expenditures: 

21 Provided further, That for purposes of this appropriation, 

22 annual expenses means expenditures that are generally re23 covered in the same year that they are incurred (excluding 

24 purchase power and wheeling expenses). 

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1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For expenses necessary for operation and mainte4 nance of power transmission facilities and for marketing 

5 electric power and energy, for construction and acquisition 

6 of transmission lines, substations and appurtenant facili7 ties, and for administrative expenses, including official re8 ception and representation expenses in an amount not to 

9 exceed $1,500 in carrying out section 5 of the Flood Con10 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

11 Southwestern Power Administration, $47,361,000, to re12 main available until expended: Provided, That notwith13 standing 31 U.S.C. 3302 and section 5 of the Flood Con14 trol Act of 1944 (16 U.S.C. 825s), up to $35,961,000 col15 lected by the Southwestern Power Administration from 

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

17 this account as discretionary offsetting collections, to re18 main available until expended, for the sole purpose of 

19 funding the annual expenses of the Southwestern Power 

20 Administration: Provided further, That the sum herein ap21 propriated for annual expenses shall be reduced as collec22 tions are received during the fiscal year so as to result 

23 in a final fiscal year 2016 appropriation estimated at not 

24 more than $11,400,000: Provided further, That, notwith25 standing 31 U.S.C. 3302, up to $63,000,000 collected by 

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1 the Southwestern Power Administration pursuant to the 

2 Flood Control Act of 1944 to recover purchase power and 

3 wheeling expenses shall be credited to this account as off4 setting collections, to remain available until expended for 

5 the sole purpose of making purchase power and wheeling 

6 expenditures: Provided further, That, for purposes of this 

7 appropriation, annual expenses means expenditures that 

8 are generally recovered in the same year that they are in9 curred (excluding purchase power and wheeling expenses). 

10 CONSTRUCTION, REHABILITATION, OPERATION AND

11 MAINTENANCE, WESTERN AREA POWER ADMINIS12 TRATION

13 For carrying out the functions authorized by title III, 

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

15 U.S.C. 7152), and other related activities including con16 servation and renewable resources programs as author17 ized, $307,714,000, including official reception and rep18 resentation expenses in an amount not to exceed $1,500, 

19 to remain available until expended, of which $302,000,000 

20 shall be derived from the Department of the Interior Rec21 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

22 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

25 $214,342,000 collected by the Western Area Power Admstockstill on DSK4VPTVN1PROD with BILLS

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1 ministration from the sale of power and related services 

2 shall be credited to this account as discretionary offsetting 

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

4 purpose of funding the annual expenses of the Western 

5 Area Power Administration: Provided further, That the 

6 sum herein appropriated for annual expenses shall be re7 duced as collections are received during the fiscal year so 

8 as to result in a final fiscal year 2016 appropriation esti9 mated at not more than $93,372,000, of which 

10 $87,658,000 is derived from the Reclamation Fund: Pro11 vided further, That, notwithstanding 31 U.S.C. 3302, up 

12 to $352,813,000 collected by the Western Area Power Ad13 ministration pursuant to the Flood Control Act of 1944 

14 and the Reclamation Project Act of 1939 to recover pur15 chase power and wheeling expenses shall be credited to 

16 this account as offsetting collections, to remain available 

17 until expended for the sole purpose of making purchase 

18 power and wheeling expenditures: Provided further, That, 

19 for purposes of this appropriation, annual expenses means 

20 expenditures that are generally recovered in the same year 

21 that they are incurred (excluding purchase power and 

22 wheeling expenses). 

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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $4,490,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 2 of the Act of June 

9 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

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

11 $4,262,000 collected by the Western Area Power Adminis12 tration from the sale of power and related services from 

13 the Falcon and Amistad Dams shall be credited to this 

14 account as discretionary offsetting collections, to remain 

15 available until expended for the sole purpose of funding 

16 the annual expenses of the hydroelectric facilities of these 

17 Dams and associated Western Area Power Administration 

18 activities: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

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

21 fiscal year 2016 appropriation estimated at not more than 

22 $228,000: Provided further, That for purposes of this ap23 propriation, annual expenses means expenditures that are 

24 generally recovered in the same year that they are in25 curred: Provided further, That for fiscal year 2016, the 

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1 Administrator of the Western Area Power Administration 

2 may accept up to $460,000 in funds contributed by United 

3 States power customers of the Falcon and Amistad Dams 

4 for deposit into the Falcon and Amistad Operating and 

5 Maintenance Fund, and such funds shall be available for 

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

7 sums had been specifically appropriated for such purpose: 

8 Provided further, That any such funds shall be available 

9 without further appropriation and without fiscal year limi10 tation for use by the Commissioner of the United States 

11 Section of the International Boundary and Water Com12 mission for the sole purpose of operating, maintaining, re13 pairing, rehabilitating, replacing, or upgrading the hydro14 electric facilities at these Dams in accordance with agree15 ments reached between the Administrator, Commissioner, 

16 and the power customers. 

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

23 official reception and representation expenses not to ex24 ceed $3,000, and the hire of passenger motor vehicles, 

25 $319,800,000, to remain available until expended: Promstockstill on DSK4VPTVN1PROD with BILLS

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1 vided, That notwithstanding any other provision of law, 

2 not to exceed $319,800,000 of revenues from fees and an3 nual charges, and other services and collections in fiscal 

4 year 2016 shall be retained and used for expenses nec5 essary in this account, and shall remain available until ex6 pended: Provided further, That the sum herein appro7 priated from the general fund shall be reduced as revenues 

8 are received during fiscal year 2016 so as to result in a 

9 final fiscal year 2016 appropriation from the general fund 

10 estimated at not more than $0. 

11 GENERAL PROVISIONS—DEPARTMENT OF 

12 ENERGY 

13 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

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

15 made available by this title for the Department of Energy 

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

17 or activity or to prepare or initiate Requests For Proposals 

18 or similar arrangements (including Requests for 

19 Quotations, Requests for Information, and Funding Op20 portunity Announcements) for a program, project, or ac21 tivity if the program, project, or activity has not been 

22 funded by Congress. 

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

24 Committees on Appropriations of both Houses of Congress 

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

2 made available in this title may be used to— 

3 (A) make a grant allocation or discretionary 

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

5 (B) make a discretionary contract award or 

6 Other Transaction Agreement totaling $1,000,000 

7 or more, including a contract covered by the Federal 

8 Acquisition Regulation; 

9 (C) issue a letter of intent to make an alloca10 tion, award, or Agreement in excess of the limits in 

11 subparagraph (A) or (B); or 

12 (D) announce publicly the intention to make an 

13 allocation, award, or Agreement in excess of the lim14 its in subparagraph (A) or (B). 

15 (2) The Secretary of Energy shall submit to the Com16 mittees on Appropriations of both Houses of Congress 

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

18 detailing each grant allocation or discretionary grant 

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

20 previous quarter. 

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

22 the report required by paragraph (2) shall include the re23 cipient of the award, the amount of the award, the fiscal 

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

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

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

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

3 made. 

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

5 to any program, project, or activity that uses budget au6 thority made available in this title under the heading ‘‘De7 partment of Energy—Energy Programs’’, enter into a 

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

9 a multiyear cooperative agreement unless— 

10 (1) the contract, grant, or cooperative agree11 ment is funded for the full period of performance as 

12 anticipated at the time of award; or 

13 (2) the contract, grant, or cooperative agree14 ment includes a clause conditioning the Federal Gov15 ernment’s obligation on the availability of future 

16 year budget authority and the Secretary notifies the 

17 Committees on Appropriations of both Houses of 

18 Congress at least 3 days in advance. 

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

20 the amounts made available by this title shall be expended 

21 as authorized by law for the programs, projects, and ac22 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

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

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

25 on Appropriations accompanying this Act. 

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

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

3 the Department shall notify the Committees on Appropria4 tions of both Houses of Congress at least 30 days prior 

5 to the use of any proposed reprogramming that would 

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

7 increase or decrease by more than $5,000,000 or 10 per8 cent, whichever is less, during the time period covered by 

9 this Act. 

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

11 available for obligation or expenditure through a re12 programming of funds that— 

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

14 project, or activity; 

15 (2) increases funds or personnel for any pro16 gram, project, or activity for which funds are denied 

17 or restricted by this Act; or 

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

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

20 Act. 

21 (g)(1) The Secretary of Energy may waive any re22 quirement or restriction in this section that applies to the 

23 use of funds made available for the Department of Energy 

24 if compliance with such requirement or restriction would 

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

2 welfare, or national security. 

3 (2) The Secretary of Energy shall notify the Commit4 tees on Appropriations of both Houses of Congress of any 

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

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

7 a requirement or restriction would otherwise have applied. 

8 Such notice shall include an explanation of the substantial 

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

10 SEC. 302. The unexpended balances of prior appro11 priations provided for activities in this Act may be avail12 able to the same appropriation accounts for such activities 

13 established pursuant to this title. Available balances may 

14 be merged with funds in the applicable established ac15 counts and thereafter may be accounted for as one fund 

16 for the same time period as originally enacted. 

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

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

19 Act, for intelligence activities are deemed to be specifically 

20 authorized by the Congress for purposes of section 504 

21 of the National Security Act of 1947 (50 U.S.C. 414) dur22 ing fiscal year 2016 until the enactment of the Intelligence 

23 Authorization Act for fiscal year 2016. 

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

25 title shall be used for the construction of facilities classimstockstill on DSK4VPTVN1PROD with BILLS

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1 fied as high-hazard nuclear facilities under 10 CFR Part 

2 830 unless independent oversight is conducted by the Of3 fice of Independent Enterprise Assessments to ensure the 

4 project is in compliance with nuclear safety requirements. 

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

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

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

8 any successive departmental guidance, for construction 

9 projects where the total project cost exceeds 

10 $100,000,000, until a separate independent cost estimate 

11 has been developed for the project for that critical deci12 sion. 

13 SEC. 306. Notwithstanding section 301(c) of this Act, 

14 none of the funds made available under the heading ‘‘De15 partment of Energy—Energy Programs—Science’’ may 

16 be used for a multiyear contract, grant, cooperative agree17 ment, or Other Transaction Agreement of $1,000,000 or 

18 less unless the contract, grant, cooperative agreement, or 

19 Other Transaction Agreement is funded for the full period 

20 of performance as anticipated at the time of award. 

21 SEC. 307. (a) None of the funds made available in 

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

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

24 contracts with, or new agreements for Federal assistance 

25 to, the Russian Federation. 

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1 (b) The Secretary of Energy may waive the prohibi2 tion in subsection (a) if the Secretary determines that 

3 such activity is in the national security interests of the 

4 United States. This waiver authority may not be dele5 gated. 

6 (c) A waiver under subsection (b) shall not be effec7 tive until 15 days after the date on which the Secretary 

8 submits to the Committees on Appropriations of both 

9 Houses of Congress, in classified form if necessary, a re10 port on the justification for the waiver. 

11 SEC. 308. (a) NOTIFICATION OF STRATEGIC PETRO12 LEUM RESERVE DRAWDOWN.—None of the funds made 

13 available by this Act or any prior Act, or funds made avail14 able in the SPR Petroleum Account, may be used to con15 duct a drawdown (including a test drawdown) and sale 

16 or exchange of petroleum products from the Strategic Pe17 troleum Reserve unless the Secretary of Energy provides 

18 notice, in accordance with subsection (b), of such ex19 change, or drawdown (including a test drawdown) to the 

20 Committees on Appropriations of both Houses of Con21 gress. 

22 (b)(1) CONTENT OF NOTIFICATION.—The notifica23 tion required under subsection (a) shall include at a min24 imum— 

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1 (A) the justification for the drawdown or ex2 change, including— 

3 (i) a specific description of any obligation 

4 under international energy agreements; and 

5 (ii) in the case of a test drawdown, the 

6 specific aspects of the Strategic Petroleum Re7 serve to be tested; 

8 (B) the provisions of law (including regulations) 

9 authorizing the drawdown or exchange; 

10 (C) the number of barrels of petroleum prod11 ucts proposed to be withdrawn or exchanged; 

12 (D) the location of the Strategic Petroleum Re13 serve site or sites from which the petroleum products 

14 are proposed to be withdrawn; 

15 (E) a good faith estimate of the expected pro16 ceeds from the sale of the petroleum products; 

17 (F) an estimate of the total inventories of pe18 troleum products in the Strategic Petroleum Reserve 

19 after the anticipated drawdown; 

20 (G) a detailed plan for disposition of the pro21 ceeds after deposit into the SPR Petroleum Account; 

22 and 

23 (H) a plan for refilling the Strategic Petroleum 

24 Reserve, including whether the acquisition will be of 

25 the same or a different petroleum product. 

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1 (2) TIMING OF NOTIFICATION.—The Secretary 

2 shall provide the notification required under sub3 section (a)— 

4 (A) in the case of an exchange or a draw5 down, as soon as practicable after the exchange 

6 or drawdown has occurred; and 

7 (B) in the case of a test drawdown, not 

8 later than 30 days prior to the test drawdown. 

9 (c) POST-SALE NOTIFICATION.—In addition to re10 porting requirements under other provisions of law, the 

11 Secretary shall, upon the execution of all contract awards 

12 associated with a competitive sale of petroleum products, 

13 notify the Committees on Appropriations of both Houses 

14 of Congress of the actual value of the proceeds from the 

15 sale. 

16 (d)(1) NEW REGIONAL RESERVES.—The Secretary 

17 may not establish any new regional petroleum product re18 serve unless funding for the proposed regional petroleum 

19 product reserve is explicitly requested in advance in an an20 nual budget submission and approved by the Congress in 

21 an appropriations Act. 

22 (2) The budget request or notification shall in23 clude— 

24 (A) the justification for the new reserve; 

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1 (B) a cost estimate for the establishment, 

2 operation, and maintenance of the reserve, in3 cluding funding sources; 

4 (C) a detailed plan for operation of the re5 serve, including the conditions upon which the 

6 products may be released; 

7 (D) the location of the reserve; and 

8 (E) the estimate of the total inventory of 

9 the reserve. 

10 SEC. 309. Of the amounts made available by this Act 

11 for ‘‘National Nuclear Security Administration—Weapons 

12 Activities’’, up to $50,000,000 may be reprogrammed 

13 within such account for Domestic Uranium Enrichment, 

14 subject to the notice requirement in section 301(e). 

15 SEC. 310. (a) Unobligated balances available from 

16 appropriations for fiscal years 2005 through 2010 are 

17 hereby permanently rescinded from the following accounts 

18 of the Department of Energy in the specified amounts: 

19 (1) ‘‘Energy Programs—Energy Efficiency and 

20 Renewable Energy’’, $16,677,000. 

21 (2) ‘‘Energy Programs—Electricity Delivery 

22 and Energy Reliability’’, $900,000. 

23 (3) ‘‘Energy Programs—Nuclear Energy’’, 

24 $1,665,000. 

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1 (4) ‘‘Energy Programs—Fossil Energy Re2 search and Development’’, $12,064,000. 

3 (5) ‘‘Energy Programs—Science’’, $4,717,000. 

4 (6) ‘‘Power Marketing Administrations—Con5 struction, Rehabilitation, Operation and Mainte6 nance, Western Area Power Administration’’, 

7 $4,832,000. 

8 (b) No amounts may be rescinded by this section 

9 from amounts that were designated by the Congress as 

10 an emergency requirement pursuant to a concurrent reso11 lution on the budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 TITLE IV—INDEPENDENT AGENCIES 

14 APPALACHIAN REGIONAL COMMISSION

15 For expenses necessary to carry out the programs au16 thorized by the Appalachian Regional Development Act of 

17 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

18 necessary for the Federal Co-Chairman and the Alternate 

19 on the Appalachian Regional Commission, for payment of 

20 the Federal share of the administrative expenses of the 

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

22 3109, and hire of passenger motor vehicles, $95,000,000, 

23 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, $29,900,000, to remain 

7 available until September 30, 2017. 

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, $12,000,000, 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, $10,000,000, 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, $3,000,000, 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 $1,003,233,000, including official representation expenses 

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

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1 of which $25,000,000 shall be derived from the Nuclear 

2 Waste Fund: Provided, That of the amount appropriated 

3 herein, not more than $9,500,000 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, 2017, 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 $862,274,000 in fiscal year 2016 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 the sum herein 

16 appropriated shall be reduced by the amount of revenues 

17 received during fiscal year 2016 so as to result in a final 

18 fiscal year 2016 appropriation estimated at not more than 

19 $140,959,000: Provided further, That of the amounts ap20 propriated under this heading, $10,000,000 shall be for 

21 university research and development in areas relevant to 

22 their respective organization’s mission, and $5,000,000 

23 shall be for a Nuclear Science and Engineering Grant Pro24 gram that will support multiyear projects that do not align 

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1 with programmatic missions but are critical to maintain2 ing the discipline of nuclear science and engineering. 

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, $12,136,000, to remain available 

7 until September 30, 2017: Provided, That revenues from 

8 licensing fees, inspection services, and other services and 

9 collections estimated at $10,060,000 in fiscal year 2016 

10 shall be retained and be available until September 30, 

11 2017, for necessary salaries and expenses in this account, 

12 notwithstanding section 3302 of title 31, United States 

13 Code: Provided further, That the sum herein appropriated 

14 shall be reduced by the amount of revenues received dur15 ing fiscal year 2016 so as to result in a final fiscal year 

16 2016 appropriation estimated at not more than 

17 $2,076,000: Provided further, That of the amounts appro18 priated under this heading, $958,000 shall be for Inspec19 tor General services for the Defense Nuclear Facilities 

20 Safety Board, which shall not be available from fee reve21 nues. 

22 NUCLEAR WASTE TECHNICAL REVIEW BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Nuclear Waste Tech25 nical Review Board, as authorized by Public Law 100– 

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1 203, section 5051, $3,600,000, to be derived from the Nu2 clear Waste Fund, to remain available until September 30, 

3 2017. 

4 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

5 NATURAL GAS TRANSPORTATION PROJECTS

6 For expenses necessary for the Office of the Federal 

7 Coordinator for Alaska Natural Gas Transportation 

8 Projects pursuant to the Alaska Natural Gas Pipeline Act, 

9 $1,000,000, to remain available until September 30, 2017: 

10 Provided, That any fees, charges, or commissions received 

11 pursuant to section 106(h) of the Alaska Natural Gas 

12 Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2016 in 

13 excess of $2,402,000 shall not be available for obligation 

14 until appropriated in a subsequent Act of Congress. 

15 GENERAL PROVISIONS—INDEPENDENT 

16 AGENCIES 

17 SEC. 401. The Nuclear Regulatory Commission shall 

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

19 its Internal Commission Procedures when responding to 

20 Congressional requests for information. 

21 TITLE V—GENERAL PROVISIONS 

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

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

24 congressional action on any legislation or appropriation 

25 matters pending before Congress, other than to commumstockstill on DSK4VPTVN1PROD with BILLS

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1 nicate to Members of Congress as described in 18 U.S.C. 

2 1913. 

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

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

5 agency, or instrumentality of the United States Govern6 ment, except pursuant to a transfer made by or transfer 

7 authority provided in this Act or any other appropriations 

8 Act for any fiscal year, transfer authority referenced in 

9 the report of the Committee on Appropriations accom10 panying this Act, or any authority whereby a department, 

11 agency, or instrumentality of the United States Govern12 ment may provide goods or services to another depart13 ment, agency, or instrumentality. 

14 (b) None of the funds made available for any depart15 ment, agency, or instrumentality of the United States 

16 Government may be transferred to accounts funded in title 

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

18 transfer authority provided in this Act or any other appro19 priations Act for any fiscal year, transfer authority ref20 erenced in the report of the Committee on Appropriations 

21 accompanying this Act, or any authority whereby a de22 partment, agency, or instrumentality of the United States 

23 Government may provide goods or services to another de24 partment, agency, or instrumentality. 

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

2 funded in this Act utilizing any transfer authority shall 

3 submit to the Committees on Appropriations of both 

4 Houses of Congress a semiannual report detailing the 

5 transfer authorities, except for any authority whereby a 

6 department, agency, or instrumentality of the United 

7 States Government may provide goods or services to an8 other department, agency, or instrumentality, used in the 

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

10 shall include the amounts transferred and the purposes 

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

12 modify existing notification requirements for each author13 ity. 

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

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

16 12898 of February 11, 1994 (Federal Actions to Address 

17 Environmental Justice in Minority Populations and Low18 Income Populations). 

19 SEC. 504. None of the funds made available by this 

20 Act may be used to conduct closure of adjudicatory func21 tions, technical review, or support activities associated 

22 with the Yucca Mountain geologic repository license appli23 cation, or for actions that irrevocably remove the possi24 bility that Yucca Mountain may be a repository option in 

25 the future. 

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

2 Act may be used to further implementation of the coastal 

3 and marine spatial planning and ecosystem-based manage4 ment components of the National Ocean Policy developed 

5 under Executive Order 13547 of July 19, 2010. 

6 SPENDING REDUCTION ACCOUNT

7 SEC. 506. The amount by which the applicable alloca8 tion of new budget authority made by the Committee on 

9 Appropriations of the House of Representatives under sec10 tion 302(b) of the Congressional Budget Act of 1974 ex11 ceeds the amount of proposed new budget authority is $0. 

12 This Act may be cited as the ‘‘Energy and Water De13 velopment and Related Agencies Appropriations Act, 

14 2016’’. 

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Union Calendar No. 64 

114TH CONGRESS 

1ST SESSION H. R. 2028 

[Report No. 114–91] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2016, and for other pur- opment and related agencies for the fiscal year 

APRIL 24, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

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