114TH CONGRESS 

1ST SESSION H. R. 2028 

AN ACT 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2016, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for en3 ergy and water development and related agencies for the 

4 fiscal year ending September 30, 2016, and for other pur5 poses, namely: 

6 TITLE I—CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to river 

13 and harbor, flood and storm damage reduction, shore pro14 tection, aquatic ecosystem restoration, and related efforts. 

15 INVESTIGATIONS

16 For expenses necessary where authorized by law for 

17 the collection and study of basic information pertaining 

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

19 shore protection, aquatic ecosystem restoration, and re20 lated needs; for surveys and detailed studies, and plans 

21 and specifications of proposed river and harbor, flood and 

22 storm damage reduction, shore protection, and aquatic 

23 ecosystem restoration projects, and related efforts prior to 

24 construction; for restudy of authorized projects; and for 

25 miscellaneous investigations, and, when authorized by law, 
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1 surveys and detailed studies, and plans and specifications 

2 of projects prior to construction, $110,000,000 (increased 

3 by $1,000,000), to remain available until expended. 

4 CONSTRUCTION

5 For expenses necessary for the construction of river 

6 and harbor, flood and storm damage reduction, shore pro7 tection, aquatic ecosystem restoration, and related 

8 projects authorized by law; for conducting detailed studies, 

9 and plans and specifications, of such projects (including 

10 those involving participation by States, local governments, 

11 or private groups) authorized or made eligible for selection 

12 by law (but such detailed studies, and plans and specifica13 tions, shall not constitute a commitment of the Govern14 ment to construction); $1,631,000,000 (increased by 

15 $3,000,000) (increased by $1,000,000) (reduced by 

16 $10,000,000) (increased by $10,000,000), 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 In-
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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 (in25 creased by $36,306,000), to remain available until ex-
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1 pended, of which such sums as are necessary to cover the 

2 Federal share of eligible operation and maintenance costs 

3 for coastal harbors and channels, and for inland harbors 

4 shall be derived from the Harbor Maintenance Trust 

5 Fund; of which such sums as become available from the 

6 special account for the Corps of Engineers established by 

7 the Land and Water Conservation Fund Act of 1965 shall 

8 be derived from that account for resource protection, re9 search, interpretation, and maintenance activities related 

10 to resource protection in the areas at which outdoor recre11 ation is available; and of which such sums as become avail12 able from fees collected under section 217 of Public Law 

13 104–303 shall be used to cover the cost of operation and 

14 maintenance of the dredged material disposal facilities for 

15 which such fees have been collected: Provided, That 1 per16 cent of the total amount of funds provided for each of the 

17 programs, projects, or activities funded under this heading 

18 shall not be allocated to a field operating activity prior 

19 to the beginning of the fourth quarter of the fiscal year 

20 and shall be available for use by the Chief of Engineers 

21 to fund such emergency activities as the Chief of Engi22 neers determines to be necessary and appropriate, and 

23 that the Chief of Engineers shall allocate during the 

24 fourth quarter any remaining funds which have not been 

25 used for emergency activities proportionally in accordance 
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1 with the amounts provided for the programs, projects, or 

2 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 (reduced by $424,000), to remain available 

7 until September 30, 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 (re4 duced by $1,000,000), to remain available until September 

5 30, 2017, of which not to exceed $5,000 may be used for 

6 official reception and representation purposes and only 

7 during the current fiscal year: Provided, That no part of 

8 any other appropriation provided in this title shall be 

9 available to fund the civil works activities of the Office 

10 of the Chief of Engineers or the civil works executive di11 rection and management activities of the division offices: 

12 Provided further, That any Flood Control and Coastal 

13 Emergencies appropriation may be used to fund the super14 vision and general administration of emergency oper15 ations, repairs, and other activities in response to any 

16 flood, hurricane, or other natural 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 (increased by $30,000,000) (reduced by 

22 $30,000,000), to remain available until September 30, 

23 2017: Provided, That not more than 25 percent of such 

24 amount may be obligated or expended until the Assistant 

25 Secretary submits to the Committees on Appropriations 
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1 of both Houses of Congress a work plan that allocates at 

2 least 95 percent of the additional funding provided under 

3 each heading in this title (as designated under such head4 ing in the report of the Committee on Appropriations ac5 companying this Act) to specific programs, projects, or ac6 tivities. 

7 GENERAL PROVISIONS—CORPS OF 

8 ENGINEERS—CIVIL 

9 (INCLUDING TRANSFER OF FUNDS)

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

11 shall be available for obligation or expenditure through a 

12 reprogramming of funds that— 

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

14 or activity; 

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

16 (3) increases funds or personnel for any pro17 gram, project, or activity for which funds have been 

18 denied or restricted by this Act; 

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

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

21 Act; 

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

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

24 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, ex-
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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 (in15 creased by $2,000,000), to remain available until ex16 pended, of which $22,000 shall be available for transfer 

17 to the Upper Colorado River Basin Fund and $5,899,000 

18 shall be available for transfer to the Lower Colorado River 

19 Basin Development Fund; of which such amounts as may 

20 be necessary may be advanced to the Colorado River Dam 

21 Fund: Provided, That such transfers may be increased or 

22 decreased within the overall appropriation under this 

23 heading: Provided further, That of the total appropriated, 

24 the amount for program activities that can be financed 

25 by the Reclamation Fund or the Bureau of Reclamation 
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1 special fee account established by 16 U.S.C. 6806 shall 

2 be derived from that Fund or account: Provided further, 

3 That funds contributed under 43 U.S.C. 395 are available 

4 until expended for the purposes for which the funds were 

5 contributed: Provided further, That funds advanced under 

6 43 U.S.C. 397a shall be credited to this account and are 

7 available until expended for the same purposes as the 

8 sums appropriated under this heading: Provided further, 

9 That of the amounts provided herein, funds may be used 

10 for high-priority projects which shall be carried out by the 

11 Youth Conservation Corps, as authorized by 16 U.S.C. 

12 1706. 

13 CENTRAL VALLEY PROJECT RESTORATION FUND

14 For carrying out the programs, projects, plans, habi15 tat restoration, improvement, and acquisition provisions of 

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

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

18 Central Valley Project Restoration Fund pursuant to sec19 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

20 102–575, to remain available until expended: Provided, 

21 That the Bureau of Reclamation is directed to assess and 

22 collect the full amount of the additional mitigation and 

23 restoration payments authorized by section 3407(d) of 

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

25 funds made available under this heading may be used for 
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1 the acquisition or leasing of water for in-stream purposes 

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

3 by a court adopted decree or order. 

4 CALIFORNIA BAY-DELTA RESTORATION

5 (INCLUDING TRANSFERS OF FUNDS)

6 For carrying out activities authorized by the Water 

7 Supply, Reliability, and Environmental Improvement Act, 

8 consistent with plans to be approved by the Secretary of 

9 the Interior, $37,000,000, to remain available until ex10 pended, of which such amounts as may be necessary to 

11 carry out such activities may be transferred to appropriate 

12 accounts of other participating Federal agencies to carry 

13 out authorized purposes: Provided, That funds appro14 priated herein may be used for the Federal share of the 

15 costs of CALFED Program management: Provided fur16 ther, That CALFED implementation shall be carried out 

17 in a balanced manner with clear performance measures 

18 demonstrating concurrent progress in achieving the goals 

19 and objectives of the Program. 

20 POLICY AND ADMINISTRATION

21 For expenses necessary for policy, administration, 

22 and related functions in the Office of the Commissioner, 

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

24 Bureau of Reclamation, to remain available until Sep25 tember 30, 2017, $59,500,000, to be derived from the 
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1 Reclamation Fund and be nonreimbursable as provided in 

2 43 U.S.C. 377: Provided, That not more than 25 percent 

3 of such amount may be obligated or expended until Rec4 lamation complies with congressional and statutory direc5 tion related to Technical Memorandum 8140–CC–2004– 

6 1 (‘‘Corrosion Considerations for Buried Metallic Water 

7 Pipe’’) and the associated pipeline reliability study: Pro8 vided further, That no part of any other appropriation in 

9 this Act shall be available for activities or functions budg10 eted as policy and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed five passenger 

14 motor vehicles, which are for replacement only. 

15 GENERAL PROVISIONS—DEPARTMENT OF THE 

16 INTERIOR 

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

18 shall be available for obligation or expenditure through a 

19 reprogramming of funds that— 

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

21 or activity; 

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

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

24 activity for which funds have been denied or re25 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 

25 appropriate committees of the House of Representa-
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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 (reduced by $4,000,000) (increased by 

6 $4,000,000) (increased by $9,000,000) (increased by 

7 $2,000,000), to remain available until expended: Provided, 

8 That of such amount, $150,000,000 shall be available 

9 until September 30, 2017, for program direction. 

10 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

11 For Department of Energy expenses including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment, and other expenses necessary for elec14 tricity delivery and energy reliability activities in carrying 

15 out the purposes of the Department of Energy Organiza16 tion Act (42 U.S.C. 7101 et seq.), including the acquisi17 tion or condemnation of any real property or any facility 

18 or for plant or facility acquisition, construction, or expan19 sion, $187,500,000, to remain available until expended: 

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

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

22 NUCLEAR ENERGY

23 For Department of Energy expenses including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment, and other expenses necessary for nuclear 
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1 energy activities in carrying out the purposes of the De2 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

4 real property or any facility or for plant or facility acquisi5 tion, construction, or expansion, $936,161,000, to remain 

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

7 $80,000,000 shall be available until September 30, 2017, 

8 for program direction including official reception and rep9 resentation expenses not to exceed $10,000. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For Department of Energy expenses necessary in car12 rying out fossil energy research and development activi13 ties, under the authority of the Department of Energy Or14 ganization Act (42 U.S.C. 7101 et seq.), including the ac15 quisition of interest, including defeasible and equitable in16 terests in any real property or any facility or for plant 

17 or facility acquisition or expansion, and for conducting in18 quiries, technological investigations and research con19 cerning the extraction, processing, use, and disposal of 

20 mineral substances without objectionable social and envi21 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

22 $605,000,000, to remain available until expended: Pro23 vided, That of such amount $120,000,000 shall be avail24 able until September 30, 2017, for program direction. 
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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For Department of Energy expenses necessary to 

3 carry out naval petroleum and oil shale reserve activities, 

4 $17,500,000, to remain available until expended: Pro5 vided, That, notwithstanding any other provision of law, 

6 unobligated funds remaining from prior years shall be 

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

9 STRATEGIC PETROLEUM RESERVE

10 For Department of Energy expenses necessary for 

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

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

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

15 NORTHEAST HOME HEATING OIL RESERVE

16 For Department of Energy expenses necessary for 

17 Northeast Home Heating Oil Reserve storage, operation, 

18 and management activities pursuant to the Energy Policy 

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

20 $7,600,000, to remain available until expended. 

21 ENERGY INFORMATION ADMINISTRATION

22 For Department of Energy expenses necessary in car23 rying out the activities of the Energy Information Admin24 istration, $117,000,000, to remain available until ex25 pended. 
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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

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

6 purposes of the Department of Energy Organization Act 

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

9 or facility acquisition, construction, or expansion, 

10 $229,193,000, to remain available until expended. 

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For Department of Energy expenses necessary in car14 rying out uranium enrichment facility decontamination 

15 and decommissioning, remedial actions, and other activi16 ties of title II of the Atomic Energy Act of 1954, and 

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

18 $625,000,000, to be derived from the Uranium Enrich19 ment Decontamination and Decommissioning Fund, to re20 main available until expended, of which $32,959,000 shall 

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

22 Energy Policy Act of 1992. 

23 SCIENCE

24 For Department of Energy expenses including the 

25 purchase, construction, and acquisition of plant and cap-
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1 ital equipment, and other expenses necessary for science 

2 activities in carrying out the purposes of the Department 

3 of Energy Organization Act (42 U.S.C. 7101 et seq.), in4 cluding the acquisition or condemnation of any real prop5 erty or facility or for plant or facility acquisition, construc6 tion, or expansion, and purchase of not more than 17 pas7 senger motor vehicles for replacement only, including one 

8 ambulance and one bus, $5,100,000,000, to remain avail9 able until expended: Provided, That of such amount, 

10 $181,000,000 shall be available until September 30, 2017, 

11 for program direction. 

12 NUCLEAR WASTE DISPOSAL

13 For nuclear waste disposal activities to carry out the 

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

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

16 or facility construction or expansion, $150,000,000, to re17 main available until expended, and to be derived from the 

18 Nuclear Waste Fund: Provided, That of the amount pro19 vided under this heading, $5,000,000 shall be made avail20 able to affected units of local government, as defined in 

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

22 (42 U.S.C. 10101(31)), to support the Yucca Mountain 

23 geologic repository, as authorized by such Act. 
26 

•HR 2028 EH

1 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

2 For Department of Energy expenses necessary in car3 rying out the activities authorized by section 5012 of the 

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

5 $280,000,000, to remain available until expended: Pro6 vided, That of such amount $28,000,000 shall be available 

7 until September 30, 2017, for program direction. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received 

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

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

13 be collected in accordance with section 502(7) of the Con14 gressional Budget Act of 1974: Provided, That, for nec15 essary administrative expenses to carry out this Loan 

16 Guarantee program, $42,000,000 is appropriated, to re17 main available until September 30, 2017: Provided further, 

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

19 1702(h) of the Energy Policy Act of 2005 shall be credited 

20 as offsetting collections to this account to cover adminis21 trative expenses and shall remain available until expended, 

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

23 from the general fund estimated at not more than 

24 $17,000,000: Provided further, That fees collected under 

25 section 1702(h) in excess of the amount appropriated for 
27 

•HR 2028 EH

1 administrative expenses shall not be available until appro2 priated: Provided further, That the Department of Energy 

3 shall not subordinate any loan obligation to other financ4 ing in violation of section 1702 of the Energy Policy Act 

5 of 2005 or subordinate any Guaranteed Obligation to any 

6 loan or other debt obligations in violation of section 

7 609.10 of title 10, Code of Federal Regulations. 

8 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

9 LOAN PROGRAM

10 For Department of Energy administrative expenses 

11 necessary in carrying out the Advanced Technology Vehi12 cles Manufacturing Loan Program, $6,000,000, to remain 

13 available until September 30, 2017. 

14 DEPARTMENTAL ADMINISTRATION

15 For salaries and expenses of the Department of En16 ergy necessary for departmental administration in car17 rying out the purposes of the Department of Energy Orga18 nization Act (42 U.S.C. 7101 et seq.), $247,420,000 (re19 duced by $1,000,000) (reduced by $3,000,000) (reduced 

20 by $36,720,000) (reduced by $2,000,000) (reduced by 

21 $9,000,000) (reduced by $2,000,000) (reduced by 

22 $1,000,000) (increased by $1,000,000), to remain avail23 able until September 30, 2017, including the hire of pas24 senger motor vehicles and official reception and represen25 tation expenses not to exceed $30,000, plus such addi-
28 

•HR 2028 EH

1 tional amounts as necessary to cover increases in the esti2 mated amount of cost of work for others notwithstanding 

3 the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 

4 et seq.): Provided, That such increases in cost of work are 

5 offset by revenue increases of the same or greater amount: 

6 Provided further, That moneys received by the Department 

7 for miscellaneous revenues estimated to total 

8 $117,171,000 in fiscal year 2016 may be retained and 

9 used for operating expenses within this account, as au10 thorized by section 201 of Public Law 95–238, notwith11 standing the provisions of 31 U.S.C. 3302: Provided fur12 ther, That the sum herein appropriated shall be reduced 

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

14 result in a final fiscal year 2016 appropriation from the 

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

16 Provided further, That of the total amount made available 

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

18 Systems Analysis. 

19 OFFICE OF THE INSPECTOR GENERAL

20 For expenses necessary for the Office of the Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, $46,000,000 (increased by 

23 $424,000), to remain available until September 30, 2017. 
29 

•HR 2028 EH

1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

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

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $8,713,000,000, to remain available until expended: Pro14 vided, That $92,000,000 shall be available until Sep15 tember 30, 2017, for program direction. 

16 DEFENSE NUCLEAR NONPROLIFERATION

17 (INCLUDING RESCISSION OF FUNDS)

18 For Department of Energy expenses, including the 

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

21 defense nuclear nonproliferation activities, in carrying out 

22 the purposes of the Department of Energy Organization 

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

24 condemnation of any real property or any facility or for 

25 plant or facility acquisition, construction, or expansion, 
30 

•HR 2028 EH

1 $1,918,000,000 (reduced by $13,802,000) (increased by 

2 $10,000,000) (increased by $3,802,000), to remain avail3 able until expended: Provided, That funds provided by this 

4 Act for Project 99–D–143, Mixed Oxide Fuel Fabrication 

5 Facility, and by prior Acts that remain unobligated for 

6 such Project, may be made available only for construction 

7 and program support activities for such Project. Provided 

8 further, That of the unobligated balances from prior year 

9 appropriations available under this heading, $10,394,000 

10 is hereby rescinded: Provided further, That no amounts 

11 may be rescinded from amounts that were designated by 

12 the Congress as an emergency requirement pursuant to 

13 a concurrent resolution on the budget or the Balanced 

14 Budget and Emergency Deficit Control Act of 1985. 

15 NAVAL REACTORS

16 For Department of Energy expenses necessary for 

17 naval reactors activities to carry out the Department of 

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

21 equipment, facilities, and facility expansion, 

22 $1,320,394,000 (increased by $2,426,400), to remain 

23 available until expended: Provided, That $43,500,000 

24 shall be available until September 30, 2017, for program 

25 direction. 
31 

•HR 2028 EH

1 FEDERAL SALARIES AND EXPENSES

2 For expenses necessary for Federal Salaries and Ex3 penses in the National Nuclear Security Administration, 

4 $388,000,000 (reduced by $2,500,000), to remain avail5 able until September 30, 2017, including official reception 

6 and representation expenses not to exceed $12,000. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE ENVIRONMENTAL CLEANUP

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other expenses necessary for atomic 

13 energy defense environmental cleanup activities in car14 rying out the purposes of the Department of Energy Orga15 nization Act (42 U.S.C. 7101 et seq.), including the acqui16 sition or condemnation of any real property or any facility 

17 or for plant or facility acquisition, construction, or expan18 sion, and the purchase of not to exceed one fire apparatus 

19 pumper truck and one armored vehicle for replacement 

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

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

22 available until September 30, 2017, for program direction. 
32 

•HR 2028 EH

1 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

2 AND DECOMMISSIONING

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for atomic energy defense 

5 environmental cleanup activities for Department of En6 ergy contributions for uranium enrichment decontamina7 tion and decommissioning activities, $471,797,000, to be 

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

11 OTHER DEFENSE ACTIVITIES

12 For Department of Energy expenses, including the 

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

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

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion, $767,570,000, to remain available 

21 until expended: Provided, That of such amount, 

22 $253,729,000 shall be available until September 30, 2017, 

23 for program direction. 
33 

•HR 2028 EH

1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

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

5 are approved for the Shoshone Paiute Trout Hatchery, the 

6 Spokane Tribal Hatchery, the Snake River Sockeye Weirs 

7 and, in addition, for official reception and representation 

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

9 That during fiscal year 2016, no new direct loan obliga10 tions may be made. 

11 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

12 ADMINISTRATION

13 For expenses necessary for operation and mainte14 nance of power transmission facilities and for marketing 

15 electric power and energy, including transmission wheeling 

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

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

18 southeastern power area, $6,900,000, including official re19 ception and representation expenses in an amount not to 

20 exceed $1,500, to remain available until expended: Pro21 vided, That notwithstanding 31 U.S.C. 3302 and section 

22 5 of the Flood Control Act of 1944, up to $6,900,000 col23 lected by the Southeastern Power Administration from the 

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

25 account as discretionary offsetting collections, to remain 
34 

•HR 2028 EH

1 available until expended for the sole purpose of funding 

2 the annual expenses of the Southeastern Power Adminis3 tration: Provided further, That the sum herein appro4 priated for annual expenses shall be reduced as collections 

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

6 fiscal year 2016 appropriation estimated at not more than 

7 $0: Provided further, That, notwithstanding 31 U.S.C. 

8 3302, up to $66,500,000 collected by the Southeastern 

9 Power Administration pursuant to the Flood Control Act 

10 of 1944 to recover purchase power and wheeling expenses 

11 shall be credited to this account as offsetting collections, 

12 to remain available until expended for the sole purpose 

13 of making purchase power and wheeling expenditures: 

14 Provided further, That for purposes of this appropriation, 

15 annual expenses means expenditures that are generally re16 covered in the same year that they are incurred (excluding 

17 purchase power and wheeling expenses). 

18 OPERATION AND MAINTENANCE, SOUTHWESTERN

19 POWER ADMINISTRATION

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

22 electric power and energy, for construction and acquisition 

23 of transmission lines, substations and appurtenant facili24 ties, and for administrative expenses, including official re25 ception and representation expenses in an amount not to 
35 

•HR 2028 EH

1 exceed $1,500 in carrying out section 5 of the Flood Con2 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

3 Southwestern Power Administration, $47,361,000, to re4 main available until expended: Provided, That notwith5 standing 31 U.S.C. 3302 and section 5 of the Flood Con6 trol Act of 1944 (16 U.S.C. 825s), up to $35,961,000 col7 lected by the Southwestern Power Administration from 

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

9 this account as discretionary offsetting collections, to re10 main available until expended, for the sole purpose of 

11 funding the annual expenses of the Southwestern Power 

12 Administration: Provided further, That the sum herein ap13 propriated for annual expenses shall be reduced as collec14 tions are received during the fiscal year so as to result 

15 in a final fiscal year 2016 appropriation estimated at not 

16 more than $11,400,000: Provided further, That, notwith17 standing 31 U.S.C. 3302, up to $63,000,000 collected by 

18 the Southwestern Power Administration pursuant to the 

19 Flood Control Act of 1944 to recover purchase power and 

20 wheeling expenses shall be credited to this account as off21 setting collections, to remain available until expended for 

22 the sole purpose of making purchase power and wheeling 

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

24 appropriation, annual expenses means expenditures that 
36 

•HR 2028 EH

1 are generally recovered in the same year that they are in2 curred (excluding purchase power and wheeling expenses). 

3 CONSTRUCTION, REHABILITATION, OPERATION AND

4 MAINTENANCE, WESTERN AREA POWER ADMINIS5 TRATION

6 For carrying out the functions authorized by title III, 

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

8 U.S.C. 7152), and other related activities including con9 servation and renewable resources programs as author10 ized, $307,714,000, including official reception and rep11 resentation expenses in an amount not to exceed $1,500, 

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

13 shall be derived from the Department of the Interior Rec14 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

15 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

18 $214,342,000 collected by the Western Area Power Ad19 ministration from the sale of power and related services 

20 shall be credited to this account as discretionary offsetting 

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

22 purpose of funding the annual expenses of the Western 

23 Area Power Administration: Provided further, That the 

24 sum herein appropriated for annual expenses shall be re25 duced as collections are received during the fiscal year so 
37 

•HR 2028 EH

1 as to result in a final fiscal year 2016 appropriation esti2 mated at not more than $93,372,000, of which 

3 $87,658,000 is derived from the Reclamation Fund: Pro4 vided further, That, notwithstanding 31 U.S.C. 3302, up 

5 to $352,813,000 collected by the Western Area Power Ad6 ministration pursuant to the Flood Control Act of 1944 

7 and the Reclamation Project Act of 1939 to recover pur8 chase power and wheeling expenses shall be credited to 

9 this account as offsetting collections, to remain available 

10 until expended for the sole purpose of making purchase 

11 power and wheeling expenditures: Provided further, That, 

12 for purposes of this appropriation, annual expenses means 

13 expenditures that are generally recovered in the same year 

14 that they are incurred (excluding purchase power and 

15 wheeling expenses). 

16 FALCON AND AMISTAD OPERATING AND MAINTENANCE

17 FUND

18 For operation, maintenance, and emergency costs for 

19 the hydroelectric facilities at the Falcon and Amistad 

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

21 and to be derived from the Falcon and Amistad Operating 

22 and Maintenance Fund of the Western Area Power Ad23 ministration, as provided in section 2 of the Act of June 

24 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

25 the provisions of that Act and of 31 U.S.C. 3302, up to 
38 

•HR 2028 EH

1 $4,262,000 collected by the Western Area Power Adminis2 tration from the sale of power and related services from 

3 the Falcon and Amistad Dams shall be credited to this 

4 account as discretionary offsetting collections, to remain 

5 available until expended for the sole purpose of funding 

6 the annual expenses of the hydroelectric facilities of these 

7 Dams and associated Western Area Power Administration 

8 activities: Provided further, That the sum herein appro9 priated for annual expenses shall be reduced as collections 

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

11 fiscal year 2016 appropriation estimated at not more than 

12 $228,000: Provided further, That for purposes of this ap13 propriation, annual expenses means expenditures that are 

14 generally recovered in the same year that they are in15 curred: Provided further, That for fiscal year 2016, the 

16 Administrator of the Western Area Power Administration 

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

18 States power customers of the Falcon and Amistad Dams 

19 for deposit into the Falcon and Amistad Operating and 

20 Maintenance Fund, and such funds shall be available for 

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

22 sums had been specifically appropriated for such purpose: 

23 Provided further, That any such funds shall be available 

24 without further appropriation and without fiscal year limi25 tation for use by the Commissioner of the United States 
39 

•HR 2028 EH

1 Section of the International Boundary and Water Com2 mission for the sole purpose of operating, maintaining, re3 pairing, rehabilitating, replacing, or upgrading the hydro4 electric facilities at these Dams in accordance with agree5 ments reached between the Administrator, Commissioner, 

6 and the power customers. 

7 FEDERAL ENERGY REGULATORY COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Energy Regu10 latory Commission to carry out the provisions of the De11 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

13 official reception and representation expenses not to ex14 ceed $3,000, and the hire of passenger motor vehicles, 

15 $319,800,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law, 

17 not to exceed $319,800,000 of revenues from fees and an18 nual charges, and other services and collections in fiscal 

19 year 2016 shall be retained and used for expenses nec20 essary in this account, and shall remain available until ex21 pended: Provided further, That the sum herein appro22 priated from the general fund shall be reduced as revenues 

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

24 final fiscal year 2016 appropriation from the general fund 

25 estimated at not more than $0. 
40 

•HR 2028 EH

1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

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

5 made available by this title for the Department of Energy 

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

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

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

12 funded by Congress. 

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

14 Committees on Appropriations of both Houses of Congress 

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

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

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

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 

21 or more, including a contract covered by the Federal 

22 Acquisition Regulation; 

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

25 subparagraph (A) or (B); or 
41 

•HR 2028 EH

1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the lim3 its in subparagraph (A) or (B). 

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

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

7 detailing each grant allocation or discretionary grant 

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

9 previous quarter. 

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

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

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

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

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

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

17 made. 

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

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

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

23 a multiyear cooperative agreement unless— 
42 

•HR 2028 EH

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

3 anticipated at the time of award; or 

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

7 year budget authority and the Secretary notifies the 

8 Committees on Appropriations of both Houses of 

9 Congress at least 3 days in advance. 

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

11 the amounts made available by this title shall be expended 

12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

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

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

16 on Appropriations accompanying this Act. 

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

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

19 the Department shall notify 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, project, or activity funding level to 

23 increase or decrease by more than $5,000,000 or 10 per24 cent, whichever is less, during the time period covered by 

25 this Act. 
43 

•HR 2028 EH

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

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

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

5 project, or activity; 

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

8 or restricted by this Act; or 

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

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

11 Act. 

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

14 use of funds made available for the Department of Energy 

15 if compliance with such requirement or restriction would 

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

17 welfare, or national security. 

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

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

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

22 a requirement or restriction would otherwise have applied. 

23 Such notice shall include an explanation of the substantial 

24 risk under paragraph (1) that permitted such waiver. 
44 

•HR 2028 EH

1 SEC. 302. The unexpended balances of prior appro2 priations provided for activities in this Act may be avail3 able to the same appropriation accounts for such activities 

4 established pursuant to this title. Available balances may 

5 be merged with funds in the applicable established ac6 counts and thereafter may be accounted for as one fund 

7 for the same time period as originally enacted. 

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

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

10 Act, for intelligence activities are deemed to be specifically 

11 authorized by the Congress for purposes of section 504 

12 of the National Security Act of 1947 (50 U.S.C. 414) dur13 ing fiscal year 2016 until the enactment of the Intelligence 

14 Authorization Act for fiscal year 2016. 

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

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

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

20 project is in compliance with nuclear safety requirements. 

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

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

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

24 any successive departmental guidance, for construction 

25 projects where the total project cost exceeds 
45 

•HR 2028 EH

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

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

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

5 none of the funds made available under the heading ‘‘De6 partment of Energy—Energy Programs—Science’’ may 

7 be used for a multiyear contract, grant, cooperative agree8 ment, or Other Transaction Agreement of $1,000,000 or 

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

10 Other Transaction Agreement is funded for the full period 

11 of performance as anticipated at the time of award. 

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

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

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

15 contracts with, or new agreements for Federal assistance 

16 to, the Russian Federation. 

17 (b) The Secretary of Energy may waive the prohibi18 tion in subsection (a) if the Secretary determines that 

19 such activity is in the national security interests of the 

20 United States. This waiver authority may not be dele21 gated. 

22 (c) A waiver under subsection (b) shall not be effec23 tive until 15 days after the date on which the Secretary 

24 submits to the Committees on Appropriations of both 
46 

•HR 2028 EH

1 Houses of Congress, in classified form if necessary, a re2 port on the justification for the waiver. 

3 SEC. 308. (a) NOTIFICATION OF STRATEGIC PETRO4 LEUM RESERVE DRAWDOWN.—None of the funds made 

5 available by this Act or any prior Act, or funds made avail6 able in the SPR Petroleum Account, may be used to con7 duct a drawdown (including a test drawdown) and sale 

8 or exchange of petroleum products from the Strategic Pe9 troleum Reserve unless the Secretary of Energy provides 

10 notice, in accordance with subsection (b), of such ex11 change, or drawdown (including a test drawdown) to the 

12 Committees on Appropriations of both Houses of Con13 gress. 

14 (b)(1) CONTENT OF NOTIFICATION.—The notifica15 tion required under subsection (a) shall include at a min16 imum— 

17 (A) the justification for the drawdown or ex18 change, including— 

19 (i) a specific description of any obligation 

20 under international energy agreements; and 

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

22 specific aspects of the Strategic Petroleum Re23 serve to be tested; 

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

25 authorizing the drawdown or exchange; 
47 

•HR 2028 EH

1 (C) the number of barrels of petroleum prod2 ucts proposed to be withdrawn or exchanged; 

3 (D) the location of the Strategic Petroleum Re4 serve site or sites from which the petroleum products 

5 are proposed to be withdrawn; 

6 (E) a good faith estimate of the expected pro7 ceeds from the sale of the petroleum products; 

8 (F) an estimate of the total inventories of pe9 troleum products in the Strategic Petroleum Reserve 

10 after the anticipated drawdown; 

11 (G) a detailed plan for disposition of the pro12 ceeds after deposit into the SPR Petroleum Account; 

13 and 

14 (H) a plan for refilling the Strategic Petroleum 

15 Reserve, including whether the acquisition will be of 

16 the same or a different petroleum product. 

17 (2) TIMING OF NOTIFICATION.—The Secretary 

18 shall provide the notification required under sub19 section (a)— 

20 (A) in the case of an exchange or a draw21 down, as soon as practicable after the exchange 

22 or drawdown has occurred; and 

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

24 later than 30 days prior to the test drawdown. 
48 

•HR 2028 EH

1 (c) POST-SALE NOTIFICATION.—In addition to re2 porting requirements under other provisions of law, the 

3 Secretary shall, upon the execution of all contract awards 

4 associated with a competitive sale of petroleum products, 

5 notify the Committees on Appropriations of both Houses 

6 of Congress of the actual value of the proceeds from the 

7 sale. 

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

9 may not establish any new regional petroleum product re10 serve unless funding for the proposed regional petroleum 

11 product reserve is explicitly requested in advance in an an12 nual budget submission and approved by the Congress in 

13 an appropriations Act. 

14 (2) The budget request or notification shall in15 clude— 

16 (A) the justification for the new reserve; 

17 (B) a cost estimate for the establishment, 

18 operation, and maintenance of the reserve, in19 cluding funding sources; 

20 (C) a detailed plan for operation of the re21 serve, including the conditions upon which the 

22 products may be released; 

23 (D) the location of the reserve; and 

24 (E) the estimate of the total inventory of 

25 the reserve. 
49 

•HR 2028 EH

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

2 for ‘‘National Nuclear Security Administration—Weapons 

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

4 within such account for Domestic Uranium Enrichment, 

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

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

7 appropriations for fiscal years 2005 through 2010 are 

8 hereby permanently rescinded from the following accounts 

9 of the Department of Energy in the specified amounts: 

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

11 Renewable Energy’’, $16,677,000. 

12 (2) ‘‘Energy Programs—Electricity Delivery 

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

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

15 $1,665,000. 

16 (4) ‘‘Energy Programs—Fossil Energy Re17 search and Development’’, $12,064,000. 

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

19 (6) ‘‘Power Marketing Administrations—Con20 struction, Rehabilitation, Operation and Mainte21 nance, Western Area Power Administration’’, 

22 $4,832,000. 

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

24 from amounts that were designated by the Congress as 

25 an emergency requirement pursuant to a concurrent reso-
50 

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1 lution on the budget or the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 TITLE IV—INDEPENDENT AGENCIES 

4 APPALACHIAN REGIONAL COMMISSION

5 For expenses necessary to carry out the programs au6 thorized by the Appalachian Regional Development Act of 

7 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

8 necessary for the Federal Co-Chairman and the Alternate 

9 on the Appalachian Regional Commission, for payment of 

10 the Federal share of the administrative expenses of the 

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

12 3109, and hire of passenger motor vehicles, $95,000,000, 

13 to remain available until expended. 

14 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

15 SALARIES AND EXPENSES

16 For expenses necessary for the Defense Nuclear Fa17 cilities Safety Board in carrying out activities authorized 

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

19 Law 100–456, section 1441, $29,900,000, to remain 

20 available until September 30, 2017. 

21 DELTA REGIONAL AUTHORITY

22 SALARIES AND EXPENSES

23 For expenses necessary for the Delta Regional Au24 thority and to carry out its activities, as authorized by 

25 the Delta Regional Authority Act of 2000, notwith-
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1 standing sections 382C(b)(2), 382F(d), 382M, and 382N 

2 of said Act, $12,000,000, to remain available until ex3 pended. 

4 DENALI COMMISSION

5 For expenses necessary for the Denali Commission 

6 including the purchase, construction, and acquisition of 

7 plant and capital equipment as necessary and other ex8 penses, $10,000,000, to remain available until expended, 

9 notwithstanding the limitations contained in section 

10 306(g) of the Denali Commission Act of 1998: Provided, 

11 That funds shall be available for construction projects in 

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

13 for distressed communities, as defined by section 307 of 

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

15 Public Law 105–277), as amended by section 701 of ap16 pendix D, title VII, Public Law 106–113 (113 Stat. 

17 1501A–280), and an amount not to exceed 50 percent for 

18 non-distressed communities. 

19 NORTHERN BORDER REGIONAL COMMISSION

20 For expenses necessary for the Northern Border Re21 gional Commission in carrying out activities authorized by 

22 subtitle V of title 40, United States Code, $3,000,000, to 

23 remain available until expended: Provided, That such 

24 amounts shall be available for administrative expenses, 
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1 notwithstanding section 15751(b) of title 40, United 

2 States Code. 

3 SOUTHEAST CRESCENT REGIONAL COMMISSION

4 For expenses necessary for the Southeast Crescent 

5 Regional Commission in carrying out activities authorized 

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

7 to remain available until expended. 

8 NUCLEAR REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Commission in car11 rying out the purposes of the Energy Reorganization Act 

12 of 1974 and the Atomic Energy Act of 1954, 

13 $1,003,233,000, including official representation expenses 

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

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

16 Waste Fund: Provided, That of the amount appropriated 

17 herein, not more than $9,500,000 may be made available 

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

19 of the Commission, to remain available until September 

20 30, 2017, of which, notwithstanding section 201(a)(2)(c) 

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

22 5841(a)(2)(c)), the use and expenditure shall only be ap23 proved by a majority vote of the Commission: Provided 

24 further, That revenues from licensing fees, inspection serv25 ices, and other services and collections estimated at 
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1 $862,274,000 in fiscal year 2016 shall be retained and 

2 used for necessary salaries and expenses in this account, 

3 notwithstanding 31 U.S.C. 3302, and shall remain avail4 able until expended: Provided further, That the sum herein 

5 appropriated shall be reduced by the amount of revenues 

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

7 fiscal year 2016 appropriation estimated at not more than 

8 $140,959,000: Provided further, That of the amounts ap9 propriated under this heading, $10,000,000 shall be for 

10 university research and development in areas relevant to 

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

12 shall be for a Nuclear Science and Engineering Grant Pro13 gram that will support multiyear projects that do not align 

14 with programmatic missions but are critical to maintain15 ing the discipline of nuclear science and engineering. 

16 OFFICE OF INSPECTOR GENERAL

17 For expenses necessary for the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

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

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

21 licensing fees, inspection services, and other services and 

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

23 shall be retained and be available until September 30, 

24 2017, for necessary salaries and expenses in this account, 

25 notwithstanding section 3302 of title 31, United States 
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1 Code: Provided further, That the sum herein appropriated 

2 shall be reduced by the amount of revenues received dur3 ing fiscal year 2016 so as to result in a final fiscal year 

4 2016 appropriation estimated at not more than 

5 $2,076,000: Provided further, That of the amounts appro6 priated under this heading, $958,000 shall be for Inspec7 tor General services for the Defense Nuclear Facilities 

8 Safety Board, which shall not be available from fee reve9 nues. 

10 NUCLEAR WASTE TECHNICAL REVIEW BOARD

11 SALARIES AND EXPENSES

12 For expenses necessary for the Nuclear Waste Tech13 nical Review Board, as authorized by Public Law 100– 

14 203, section 5051, $3,600,000, to be derived from the Nu15 clear Waste Fund, to remain available until September 30, 

16 2017. 

17 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

18 NATURAL GAS TRANSPORTATION PROJECTS

19 For expenses necessary for the Office of the Federal 

20 Coordinator for Alaska Natural Gas Transportation 

21 Projects pursuant to the Alaska Natural Gas Pipeline Act, 

22 $1,000,000, to remain available until September 30, 2017: 

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

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

25 Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2016 in 
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1 excess of $2,402,000 shall not be available for obligation 

2 until appropriated in a subsequent Act of Congress. 

3 GENERAL PROVISIONS—INDEPENDENT 

4 AGENCIES 

5 SEC. 401. The Nuclear Regulatory Commission shall 

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

7 its Internal Commission Procedures when responding to 

8 Congressional requests for information. 

9 TITLE V—GENERAL PROVISIONS 

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

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

12 congressional action on any legislation or appropriation 

13 matters pending before Congress, other than to commu14 nicate to Members of Congress as described in 18 U.S.C. 

15 1913. 

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

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

18 agency, or instrumentality of the United States Govern19 ment, except pursuant to a transfer made by or transfer 

20 authority provided in this Act or any other appropriations 

21 Act for any fiscal year, transfer authority referenced in 

22 the report of the Committee on Appropriations accom23 panying this Act, or any authority whereby a department, 

24 agency, or instrumentality of the United States Govern-
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1 ment may provide goods or services to another depart2 ment, agency, or instrumentality. 

3 (b) None of the funds made available for any depart4 ment, agency, or instrumentality of the United States 

5 Government may be transferred to accounts funded in title 

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

7 transfer authority provided in this Act or any other appro8 priations Act for any fiscal year, transfer authority ref9 erenced in the report of the Committee on Appropriations 

10 accompanying this Act, or any authority whereby a de11 partment, agency, or instrumentality of the United States 

12 Government may provide goods or services to another de13 partment, agency, or instrumentality. 

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

15 funded in this Act utilizing any transfer authority shall 

16 submit to the Committees on Appropriations of both 

17 Houses of Congress a semiannual report detailing the 

18 transfer authorities, except for any authority whereby a 

19 department, agency, or instrumentality of the United 

20 States Government may provide goods or services to an21 other department, agency, or instrumentality, used in the 

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

23 shall include the amounts transferred and the purposes 

24 for which they were transferred, and shall not replace or 
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1 modify existing notification requirements for each author2 ity. 

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

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

5 12898 of February 11, 1994 (Federal Actions to Address 

6 Environmental Justice in Minority Populations and Low7 Income Populations). 

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

9 Act may be used to conduct closure of adjudicatory func10 tions, technical review, or support activities associated 

11 with the Yucca Mountain geologic repository license appli12 cation, or for actions that irrevocably remove the possi13 bility that Yucca Mountain may be a repository option in 

14 the future. 

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

16 Act may be used to further implementation of the coastal 

17 and marine spatial planning and ecosystem-based manage18 ment components of the National Ocean Policy developed 

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

20 SPENDING REDUCTION ACCOUNT

21 SEC. 506. The amount by which the applicable alloca22 tion of new budget authority made by the Committee on 

23 Appropriations of the House of Representatives under sec24 tion 302(b) of the Congressional Budget Act of 1974 ex25 ceeds the amount of proposed new budget authority is $0. 
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1 SEC. 507. None of the funds made available by this 

2 Act may be used to transform the National Energy Tech3 nology Laboratory into a government-owned, contractor4 operated laboratory, or to consolidate or close the National 

5 Energy Technology Laboratory. 

6 SEC. 508. None of the funds made available in this 

7 Act under the heading ‘‘Defense Nuclear Nonprolifera8 tion’’ may be made available to enter into new contracts 

9 with, or new agreements for Federal assistance to the Is10 lamic Republic of Iran except for contracts or agreements 

11 that require the Islamic Republic of Iran to cease the pur12 suit, acquisition, and development of nuclear weapons 

13 technology. 

14 SEC. 509. None of the funds made available by this 

15 Act may be used by the Department of Energy, the De16 partment of the Interior, or any other Federal agency to 

17 lease or purchase new light duty vehicles for any executive 

18 fleet, or for an agency’s fleet inventory, except in accord19 ance with Presidential Memorandum—Federal Fleet Per20 formance, dated May 24, 2011. 

21 SEC. 510. None of the funds made available by this 

22 Act may be used by the Department of Energy to finalize, 

23 implement, or enforce the proposed rule entitled ‘‘Stand24 ards Ceiling Fans and Ceiling Fan Light Kits’’ and identi25 fied by regulation identification number 1904–AC87. 
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1 SEC. 511. None of the funds made available in this 

2 Act may be used in contravention of section 2101 of the 

3 Water Resources Reform and Development Act of 2014 

4 (33 U.S.C. 2238b) or section 210 of the Water Resources 

5 Development Act of 1986 (33 U.S.C. 2238). 

6 SEC. 512. None of the funds made available by this 

7 Act may be used for the Cape Wind Energy Project on 

8 the Outer Continental Shelf off Massachusetts, Nantucket 

9 Sound. 

10 SEC. 513. None of the funds made available in this 

11 Act may be used— 

12 (1) to implement or enforce section 430.32(x) 

13 of title 10, Code of Federal Regulations; or 

14 (2) to implement or enforce the standards es15 tablished by the tables contained in section 

16 325(i)(1)(B) of the Energy Policy and Conservation 

17 Act (42 U.S.C. 6295(i)(1)(B)) with respect to 

18 BPAR incandescent reflector lamps, BR incandes19 cent reflector lamps, and ER incandescent reflector 

20 lamps. 

21 SEC. 514. None of the funds made available by this 

22 Act may be used to implement, administer, carry out, 

23 modify, revise, or enforce Executive Order No. 13690 (en24 titled ‘‘Establishing a Federal Flood Risk Management 
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1 Standard and a Process for Further Soliciting and Consid2 ering Stakeholder Input’’). 

3 SEC. 515. None of the funds made available by this 

4 Act for ‘‘Department of Energy—Energy Programs— 

5 Science’’ may be used in contravention of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.). 

7 SEC. 516. None of the funds in this Act may be avail8 able for the purchase by the Department of Defense (and 

9 its departments and agencies) of welded shipboard anchor 

10 and mooring chain 4 inches in diameter and under unless 

11 the anchor and mooring chain are procured from a manu12 facturer that is part of the national technology and indus13 trial base. 

14 SEC. 517. None of the funds made available by this 

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

16 or operated dam. 

17 SEC. 518. None of the funds made available by this 

18 Act may be used to enter into a contract with any offeror 

19 or any of its principals if the offeror certifies, as required 

20 by Federal Acquisition Regulation, that the offeror or any 

21 of its principals— 

22 (1) within a 3-year period preceding this offer 

23 has been convicted of or had a civil judgment ren24 dered against it for: commission of fraud or a crimi25 nal offense in connection with obtaining, attempting 
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1 to obtain, or performing a public (Federal, State, or 

2 local) contract or subcontract; violation of Federal or 

3 State antitrust statutes relating to the submission of 

4 offers; or commission of embezzlement, theft, for5 gery, bribery, falsification or destruction of records, 

6 making false statements, tax evasion, violating Fed7 eral criminal tax laws, or receiving stolen property; 

8 (2) are presently indicted for, or otherwise 

9 criminally or civilly charged by a governmental enti10 ty with, commission of any of the offenses enumer11 ated above in paragraph (1); or 

12 (3) within a 3-year period preceding this offer, 

13 has been notified of any delinquent Federal taxes in 

14 an amount that exceeds $3,000 for which the liabil15 ity remains unsatisfied. 

16 SEC. 519. None of the funds made available by this 

17 Act may be used to finalize, promulgate, or enforce the 

18 Department of Energy’s proposed rule entitled ‘‘Energy 

19 Conservation Program for Consumer Products: Energy 

20 Conservation Standards for Residential Furnaces’’ (80 

21 Fed. Reg. 48: March 12, 2015). 

22 SEC. 520. None of the funds made available by this 

23 Act may be used to continue the study conducted by the 

24 Army Corps of Engineers pursuant to section 5018(a)(1) 
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1 of the Water Resources Development Act of 2007 (Public 

2 Law 110–114). 

3 SEC. 521. For an additional amount for ‘‘Corps of 

4 Engineers—Civil—Department of the Army—Investiga5 tions’’, there is hereby appropriated, and the amount oth6 erwise provided by this Act for ‘‘Department of Energy— 

7 Energy Programs—Departmental Administration’’ is 

8 hereby reduced by $2,500,000. 

9 SEC. 522. None of the funds made available by this 

10 Act may be used by the Department of Energy to apply 

11 the report entitled ‘‘Life Cycle Greenhouse Gas Perspec12 tive on Exporting Liquefied Natural Gas from the United 

13 States’’, published in the Federal Register on June 4, 

14 2014 (79 Fed. Reg. 32260), in any public interest deter15 mination under section 3 of the Natural Gas Act (15 

16 U.S.C. 717b). 

17 SEC. 523. None of the funds made available by this 

18 Act may be used for the Department of Energy’s Climate 

19 Model Development and Validation program. 

20 SEC. 524. None of the funds made available by this 

21 Act may be used to purchase water to supplement or en22 hance the instream flow requirements in the State of Cali23 fornia that are mandated under the Endangered Species 

24 Act of 1973, the Central Valley Project Improvement Act, 

25 or the National Environmental Policy Act of 1969. 
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1 SEC. 525. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce the 

3 requirement in section 323.4(a)(1)(ii) of title 33, Code of 

4 Federal Regulations, or section 232.3(c)(1)(ii)(A) of title 

5 40, Code of Federal Regulations, that activities identified 

6 in paragraph (1)(A) of subsection (f) of section 404 of 

7 the Federal Water Pollution Control Act (33 U.S.C. 

8 1344(f)(1)(A)) must be established or ongoing in order to 

9 receive an exemption under such subsection. 

10 SEC. 526. None of the funds made available by this 

11 Act may be used to deliver water to the Trinity River 

12 above the minimum requirements of the Trinity Record 

13 of Decision or to supplement flows in the Klamath River. 

14 This Act may be cited as the ‘‘Energy and Water De15 velopment and Related Agencies Appropriations Act, 

16 2016’’. 

Passed the House of Representatives May 1, 2015. 

Attest: 

Clerk. 
114TH CONGRESS 

1ST SESSION H. R. 2028 

AN ACT 

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