In the Senate of the United States, 

May 12, 2016. 

Resolved, That the bill from the House of Representatives (H.R. 2028) entitled ‘‘An Act making appropriations for 

energy and water development and related agencies for the 

fiscal year ending September 30, 2016, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

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, 2017, and for other pur5 poses, namely: 
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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

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

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

11 INVESTIGATIONS

12 For expenses necessary where authorized by law for the 

13 collection and study of basic information pertaining to 

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

15 protection, aquatic ecosystem restoration, and related needs; 

16 for surveys and detailed studies, design work, and plans 

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic eco19 system restoration projects, and related efforts prior to con20 struction; for restudy of authorized projects, and related ef21 forts; and for miscellaneous investigations, and, when au22 thorized by law, surveys and detailed studies, and plans 

23 and specifications of projects prior to construction, 

24 $126,522,000, to remain available until expended. 
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1 CONSTRUCTION

2 For expenses necessary for the construction of river 

3 and harbor, flood and storm damage reduction, shore pro4 tection, and aquatic ecosystem restoration projects, and re5 lated projects authorized by law; for conducting detailed 

6 studies, design work, and plans and specifications, of such 

7 projects (including those involving participation by States, 

8 local governments, or private groups) authorized or made 

9 eligible for selection by law (but such detailed studies, and 

10 plans and specifications, shall not constitute a commitment 

11 of the Government to construction); $1,813,649,000, to re12 main available until expended; of which such sums as are 

13 necessary to cover the Federal share of construction costs 

14 for facilities under the Dredged Material Disposal Facilities 

15 program shall be derived from the Harbor Maintenance 

16 Trust Fund as authorized by Public Law 104–303; and of 

17 which such sums as are necessary to cover one-half of the 

18 costs of construction, replacement, rehabilitation, and ex19 pansion of inland waterways projects shall be derived from 

20 the Inland Waterways Trust Fund, except as otherwise spe21 cifically provided for in law: Provided, That funds made 

22 available under this heading for shore protection may be 

23 prioritized for projects in areas that have suffered severe 

24 beach erosion requiring additional sand placement outside 
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1 of the normal beach renourishment cycle or in which the 

2 normal beach renourishment cycle has been delayed. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River alluvial 

6 valley below Cape Girardeau, Missouri, as authorized by 

7 law, $368,000,000, to remain available until expended, of 

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

9 of eligible operation and maintenance costs for inland har10 bors shall be derived from the Harbor Maintenance Trust 

11 Fund. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, maintenance, 

14 and care of existing river and harbor, flood and storm dam15 age reduction, and aquatic ecosystem restoration projects, 

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 other 

20 public agency that serve essential navigation needs of gen21 eral commerce, where authorized by law; surveying and 

22 charting northern and northwestern lakes and connecting 

23 waters; clearing and straightening channels; and removing 

24 obstructions to navigation, $3,173,829,000, to remain avail25 able until expended, of which such sums as are necessary 
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1 to cover the Federal share of eligible operation and mainte2 nance costs for coastal harbors and channels, and for inland 

3 harbors shall be derived from the Harbor Maintenance 

4 Trust Fund; of which such sums as become available from 

5 the special account for the Army Corps of Engineers estab6 lished by the Land and Water Conservation Fund Act of 

7 1965 shall be derived from that account for resource protec8 tion, research, interpretation, and maintenance activities 

9 related to resource protection in the areas managed by the 

10 Army Corps of Engineers at which outdoor recreation is 

11 available; and of which such sums as become available from 

12 fees collected under section 217 of Public Law 104–303 shall 

13 be used to cover the cost of operation and maintenance of 

14 the 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, projects, 

17 or activities funded under this heading shall not be allo18 cated to a field operating activity prior to the beginning 

19 of the fourth quarter of the fiscal year and shall be available 

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

21 activities as the Chief of Engineers determines to be nec22 essary and appropriate, and that the Chief of Engineers 

23 shall allocate during the fourth quarter any remaining 

24 funds which have not been used for emergency activities 

25 proportionally in accordance with the amounts provided for 
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1 the programs, projects, or activities: Provided further, That 

2 of the funds provided herein, for any Corps of Engineers 

3 project located in a State in which a Bureau of Reclama4 tion project is also located, any non-Federal project regu5 lated for flood control by the Secretary of the Army located 

6 in a State in which a Bureau of Reclamation project is 

7 also located, or any Bureau of Reclamation facilities regu8 lated for flood control by the Secretary of the Army, the 

9 Secretary of the Army shall fund all or a portion of the 

10 costs to review or revise operational documents, including 

11 water control plans, water control manuals, water control 

12 diagrams, release schedules, rule curves, operational agree13 ments with non-Federal entities, and any associated envi14 ronmental documentation. 

15 REGULATORY PROGRAM

16 For expenses necessary for administration of laws per17 taining to regulation of navigable waters and wetlands, 

18 $200,000,000, to remain available until September 30, 

19 2018. 

20 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

21 For expenses necessary to clean up contamination 

22 from sites in the United States resulting from work per23 formed as part of the Nation’s early atomic energy pro24 gram, $103,000,000, to remain available until expended. 
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary to prepare for flood, hurricane, 

3 and other natural disasters and support emergency oper4 ations, repairs, and other activities in response to such dis5 asters as authorized by law, $30,000,000, to remain avail6 able until expended. 

7 EXPENSES

8 For expenses necessary for the supervision and general 

9 administration of the civil works program in the Army 

10 Corps of Engineers headquarters and the division offices; 

11 and for costs allocable to the civil works program of man12 agement and operation of the Humphreys Engineer Center 

13 Support Activity, the Institute for Water Resources, the 

14 United States Army Engineer Research and Development 

15 Center, and the United States Army Corps of Engineers Fi16 nance Center, $180,000,000, to remain available until Sep17 tember 30, 2018, of which not more than $5,000 may be 

18 used for official reception and representation purposes and 

19 only during the current fiscal year: Provided, That no part 

20 of any other appropriation provided in this title shall be 

21 available to fund such activities in the Army Corps of Engi22 neers headquarters and division offices: Provided further, 

23 That any Flood Control and Coastal Emergencies appro24 priation may be used to fund the supervision and general 

25 administration of emergency operations, repairs, and other 
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1 activities in response to any flood, hurricane, or other nat2 ural disaster. 

3 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR

4 CIVIL WORKS

5 For the Office of the Assistant Secretary of the Army 

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

7 $5,000,000, to remain available until September 30, 2018. 

8 GENERAL PROVISIONS—CORPS OF ENGINEERS— 

9 CIVIL 

10 (INCLUDING TRANSFER OF FUNDS)

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

12 of this Act, or provided by previous appropriations Acts 

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

14 remain available for obligation or expenditure in fiscal year 

15 2017, shall be available for obligation or expenditure 

16 through a reprogramming of funds that: 

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

18 or activity; 

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

20 (3) increases funds or personnel for any pro21 gram, project, or activity for which funds have been 

22 denied or restricted by this Act, unless prior approval 

23 is received from the House and Senate Committees on 

24 Appropriations; 
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1 (4) proposes to use funds directed for a specific 

2 activity for a different purpose, unless prior approval 

3 is received from the House and Senate Committees on 

4 Appropriations; 

5 (5) augments or reduces existing programs, 

6 projects, or activities in excess of the amounts con7 tained in paragraphs (6) through (10), unless prior 

8 approval is received from the House and Senate Com9 mittees on Appropriations; 

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

11 $100,000, reprogramming of 25 percent of the base 

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

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

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

15 $25,000: Provided further, That up to $25,000 may be 

16 reprogrammed into any continuing study or activity 

17 that did not receive an appropriation for existing ob18 ligations and concomitant administrative expenses; 

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

20 $2,000,000, reprogramming of 15 percent of the base 

21 amount up to a limit of $3,000,000 per project, study 

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

23 less than $2,000,000, the reprogramming limit is 

24 $300,000: Provided further, That up to $3,000,000 

25 may be reprogrammed for settled contractor claims, 
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1 changed conditions, or real estate deficiency judg2 ments: Provided further, That up to $300,000 may be 

3 reprogrammed into any continuing study or activity 

4 that did not receive an appropriation for existing ob5 ligations and concomitant administrative expenses; 

6 (8) OPERATION AND MAINTENANCE.—Unlimited 

7 reprogramming authority is granted for the Corps to 

8 be able to respond to emergencies: Provided, That the 

9 Chief of Engineers shall notify the House and Senate 

10 Committees on Appropriations of these emergency ac11 tions as soon thereafter as practicable: Provided fur12 ther, That for a base level over $1,000,000, re13 programming of 15 percent of the base amount up to 

14 a limit of $5,000,000 per project, study, or activity 

15 is allowed: Provided further, That for a base level less 

16 than $1,000,000, the reprogramming limit is 

17 $150,000: Provided further, That $150,000 may be re18 programmed into any continuing study or activity 

19 that did not receive an appropriation; 

20 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

21 reprogramming guidelines in paragraphs (6), (7), 

22 and (8) shall apply to the Investigations, Construc23 tion, and Operation and Maintenance portions of the 

24 Mississippi River and Tributaries Account, respec25 tively; and 
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1 (10) FORMERLY UTILIZED SITES REMEDIAL AC2 TION PROGRAM.—Reprogramming of up to 15 percent 

3 of the base of the receiving project is permitted. 

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

5 should a reprogramming for less than $50,000 be submitted 

6 to the House and Senate Committees on Appropriations. 

7 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection 

8 (a)(1) shall not apply to any project or activity funded 

9 under the continuing authorities program. 

10 (d) Not later than 60 days after the date of enactment 

11 of this Act, the Secretary shall submit a report to the House 

12 and Senate Committees on Appropriations to establish the 

13 baseline for application of reprogramming and transfer au14 thorities for the current fiscal year which shall include: 

15 (1) A table for each appropriation with a sepa16 rate column to display the President’s budget request, 

17 adjustments made by Congress, adjustments due to 

18 enacted rescissions, if applicable, and the fiscal year 

19 enacted level; and 

20 (2) A delineation in the table for each appro21 priation both by object class and program, project 

22 and activity as detailed in the budget appendix for 

23 the respective appropriations; and 

24 (3) An identification of items of special congres25 sional interest. 
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1 (e) The Secretary shall allocate funds made available 

2 in this Act solely in accordance with the provisions of this 

3 Act and the report of the Committee on Appropriations ac4 companying this Act, including the determination and des5 ignation of new starts. 

6 (f) None of the funds made available in this title may 

7 be used to award or modify any contract that commits 

8 funds beyond the amounts appropriated for that program, 

9 project, or activity that remain unobligated, except that 

10 such amounts may include any funds that have been made 

11 available through reprogramming pursuant to section 101. 

12 SEC. 102. The Secretary of the Army may transfer to 

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

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

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

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

17 Engineers civil works projects. 

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

19 or any other Act making appropriations for Energy and 

20 Water Development for any fiscal year may be used by the 

21 Corps of Engineers during the fiscal year ending September 

22 30, 2017, to develop, adopt, implement, administer, or en23 force any change to the regulations in effect on October 1, 

24 2012, pertaining to the definitions of the terms ‘‘fill mate25 rial’’ or ‘‘discharge of fill material’’ for the purposes of the 
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1 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

2 seq.). 

3 SEC. 104. None of the funds provided in this act may 

4 be used for open lake disposal of dredged sediment in Lake 

5 Erie unless such disposal meets water and environmental 

6 standards agreed to by the administrator of a State’s water 

7 permitting agency and is consistent with a State’s Coastal 

8 Zone Management Plan. If this standard is not met, the 

9 Corps of Engineers will maintain its long-standing funding 

10 obligations for upland placement of dredged material with 

11 cost sharing as specified in section 101 of the Water Re12 sources Development Act of 1986, Public Law 99–662, as 

13 amended by section 201 of the Water Resources Develop14 ment Act of 1196, Public Law 104–303 (33 U.S.C. 2211) 

15 and section 217(d) of the Water Resources Development Act 

16 of 1996, Public Law 104–303, as amended by section 2005 

17 of the Water Resources Development Act of 2007, Public 

18 Law 110–300 (33 U.S.C. 2326a(d)). 

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

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

21 with section 225.7007 of title 48, Code of Federal Regula22 tions. 

23 SEC. 106. Of the amounts made available under this 

24 title for operation and maintenance, $2,000,000 shall be 

25 available for Upper Missouri River Basin flood and drought 
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1 monitoring under section 4003(a) of the Water Resources 

2 Reform and Development Act of 2014 (Public Law 113– 

3 121; 128 Stat. 1310). 

4 SEC. 107. Section 2006 of the Water Resources Devel5 opment Act of 2007 (33 U.S.C. 2242) is amended— 

6 (1) in subsection (a)(3), by inserting ‘‘in which 

7 the project is located or of a community that is lo8 cated in the region that is served by the project and 

9 that will rely on the project’’ after ‘‘community’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by inserting ‘‘or of a 

12 community that is located in the region to be 

13 served by the project and that will rely on the 

14 project’’ after ‘‘community’’; 

15 (B) in paragraph (4), by striking ‘‘local 

16 population’’ and inserting ‘‘regional population 

17 to be served by the project’’; and 

18 (C) in paragraph (5), by striking ‘‘commu19 nity’’ and inserting ‘‘local community or to a 

20 community that is located in the region to be 

21 served by the project and that will rely on the 

22 project’’. 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $10,000,000, to remain avail7 able until expended, of which $1,300,000 shall be deposited 

8 into the Utah Reclamation Mitigation and Conservation 

9 Account for use by the Utah Reclamation Mitigation and 

10 Conservation Commission: Provided, That of the amount 

11 provided under this heading, $1,350,000 shall be available 

12 until September 30, 2018, for expenses necessary in car13 rying out related responsibilities of the Secretary of the In14 terior: Provided further, That for fiscal year 2017, of the 

15 amount made available to the Commission under this Act 

16 or any other Act, the Commission may use an amount not 

17 to exceed $1,500,000 for administrative expenses. 

18 BUREAU OF RECLAMATION

19 The following appropriations shall be expended to exe20 cute authorized functions of the Bureau of Reclamation: 

21 WATER AND RELATED RESOURCES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For management, development, and restoration of 

24 water and related natural resources and for related activi25 ties, including the operation, maintenance, and rehabilita-
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1 tion of reclamation and other facilities, participation in 

2 fulfilling related Federal responsibilities to Native Ameri3 cans, and related grants to, and cooperative and other 

4 agreements with, State and local governments, federally rec5 ognized Indian tribes, and others, $1,114,394,000, to re6 main available until expended, of which $158,841,000 shall 

7 be available for additional funding for work and are au8 thorized to be used consistent with activities described in 

9 the Commissioner’s transmittal to Congress dated February 

10 8, 2016; $22,000 shall be available for transfer to the Upper 

11 Colorado River Basin Fund and $5,551,000 shall be avail12 able for transfer to the Lower Colorado River Basin Devel13 opment Fund; of which such amounts as may be necessary 

14 may be advanced to the Colorado River Dam Fund: Pro15 vided, That such transfers may be increased or decreased 

16 within the overall appropriation under this heading: Pro17 vided further, That of the total appropriated, the amount 

18 for program activities that can be financed by the Reclama19 tion Fund or the Bureau of Reclamation special fee account 

20 established by 16 U.S.C. 6806 shall be derived from that 

21 Fund or account: Provided further, That funds contributed 

22 under 43 U.S.C. 395 are available until expended for the 

23 purposes for which the funds were contributed: Provided 

24 further, That funds advanced under 43 U.S.C. 397a shall 

25 be credited to this account and are available until expended 
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1 for the same purposes as the sums appropriated under this 

2 heading: Provided further, That of the amounts provided 

3 herein, funds may be used for high-priority projects which 

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

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

6 CENTRAL VALLEY PROJECT RESTORATION FUND

7 For carrying out the programs, projects, plans, habitat 

8 restoration, improvement, and acquisition provisions of the 

9 Central Valley Project Improvement Act, $55,606,000, to be 

10 derived from such sums as may be collected in the Central 

11 Valley Project Restoration Fund pursuant to sections 

12 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

13 to remain available until expended: Provided, That the Bu14 reau of Reclamation is directed to assess and collect the full 

15 amount of the additional mitigation and restoration pay16 ments authorized by section 3407(d) of Public Law 102– 

17 575: Provided further, That none of the funds made avail18 able under this heading may be used for the acquisition or 

19 leasing of water for in-stream purposes if the water is al20 ready committed to in-stream purposes by a court adopted 

21 decree or order. 

22 CALIFORNIA BAY-DELTA RESTORATION

23 (INCLUDING TRANSFERS OF FUNDS)

24 For carrying out activities authorized by the Water 

25 Supply, Reliability, and Environmental Improvement Act, 
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1 consistent with plans to be approved by the Secretary of 

2 the Interior, $36,000,000, to remain available until ex3 pended, of which such amounts as may be necessary to 

4 carry out such activities may be transferred to appropriate 

5 accounts of other participating Federal agencies to carry 

6 out authorized purposes: Provided, That funds appro7 priated herein may be used for the Federal share of the costs 

8 of CALFED Program management: Provided further, That 

9 CALFED implementation shall be carried out in a bal10 anced manner with clear performance measures dem11 onstrating concurrent progress in achieving the goals and 

12 objectives of the Program. 

13 POLICY AND ADMINISTRATION

14 For expenses necessary for policy, administration, and 

15 related functions in the Office of the Commissioner, the 

16 Denver office, and offices in the five regions of the Bureau 

17 of Reclamation, to remain available until September 30, 

18 2018, $59,000,000, to be derived from the Reclamation 

19 Fund and be nonreimbursable as provided in 43 U.S.C. 

20 377: Provided, That no part of any other appropriation in 

21 this Act shall be available for activities or functions budg22 eted as policy and administration expenses. 
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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed five passenger 

4 motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS—DEPARTMENT OF THE 

6 INTERIOR 

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

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

9 by previous or subsequent appropriations Acts to the agen10 cies or entities funded in title II of this Act for Water and 

11 Related Resources that remain available for obligation or 

12 expenditure in fiscal year 2017, shall be available for obli13 gation or expenditure through a reprogramming of funds 

14 that— 

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

16 or activity; 

17 (2) eliminates a program, project, or activity 

18 unless the program, project or activity has received no 

19 appropriated funding for at least five fiscal years; 

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

21 activity for which funds have been denied or restricted 

22 by this Act, unless prior approval is received from the 

23 Committees on Appropriations of the House of Rep24 resentatives and the Senate; 
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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 Committees 

4 on Appropriations of the House of Representatives 

5 and the Senate; 

6 (5) transfers funds in excess of the following lim7 its, unless prior approval is received from the Com8 mittees on Appropriations of the House of Represent9 atives and the Senate: 

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

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

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

14 activity for which less than $2,000,000 is avail15 able at the beginning of the fiscal year; 

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

17 Facilities Operation, Maintenance, and Rehabilita18 tion category or the Resources Management and De19 velopment category to any program, project, or activ20 ity in the other category, unless prior approval is re21 ceived from the Committees on Appropriations of the 

22 House of Representatives and the Senate; or 

23 (7) transfers, where necessary to discharge legal 

24 obligations of the Bureau of Reclamation, more than 

25 $5,000,000 to provide adequate funds for settled con-
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1 tractor claims, increased contractor earnings due to 

2 accelerated rates of operations, and real estate defi3 ciency judgments, unless prior approval is received 

4 from the Committees on Appropriations of the House 

5 of Representatives and the Senate. 

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

7 of funds within the Facilities Operation, Maintenance, and 

8 Rehabilitation category. 

9 (c) For purposes of this section, the term transfer 

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

11 project, or activity. 

12 (d) The Bureau of Reclamation shall submit reports 

13 on a quarterly basis to the Committees on Appropriations 

14 of the House of Representatives and the Senate detailing 

15 all the funds reprogrammed between programs, projects, ac16 tivities, or categories of funding. The first quarterly report 

17 shall be submitted not later than 60 days after the date of 

18 enactment of this Act. 

19 SEC. 202. (a) None of the funds appropriated or other20 wise made available by this Act may be used to determine 

21 the final point of discharge for the interceptor drain for 

22 the San Luis Unit until development by the Secretary of 

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

24 shall conform to the water quality standards of the State 

25 of California as approved by the Administrator of the Envi-
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1 ronmental Protection Agency, to minimize any detrimental 

2 effect of the San Luis drainage waters. 

3 (b) The costs of the Kesterson Reservoir Cleanup Pro4 gram and the costs of the San Joaquin Valley Drainage 

5 Program shall be classified by the Secretary of the Interior 

6 as reimbursable or nonreimbursable and collected until fully 

7 repaid pursuant to the ‘‘Cleanup Program—Alternative 

8 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay9 ment Plan’’ described in the report entitled ‘‘Repayment 

10 Report, Kesterson Reservoir Cleanup Program and San 

11 Joaquin Valley Drainage Program, February 1995’’, pre12 pared by the Department of the Interior, Bureau of Rec13 lamation. Any future obligations of funds by the United 

14 States relating to, or providing for, drainage service or 

15 drainage studies for the San Luis Unit shall be fully reim16 bursable by San Luis Unit beneficiaries of such service or 

17 studies pursuant to Federal reclamation law. 

18 SEC. 203. Title I of Public Law 108–361 (the Calfed 

19 Bay-Delta Authorization Act) (118 Stat. 1681), as amended 

20 by section 210 of Public Law 111–85, is amended by strik21 ing ‘‘2017’’ each place it appears and inserting ‘‘2019’’. 

22 SEC. 204. Section 9504(e) of the Secure Water Act of 

23 2009 (42 U.S.C. 10364(e)) is amended by striking 

24 ‘‘$350,000,000’’ and inserting ‘‘$450,000,000, on the condi25 tion that of that amount, $50,000,000 is used to carry out 
23 

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1 section 206 of the Energy and Water Development and Re2 lated Agencies Appropriations Act, 2015 (43 U.S.C. 620 

3 note; Public Law 113–235)’’. 

4 SEC. 205. Section 205 of the Energy and Water Devel5 opment and Related Agencies Appropriations Act, 2016 

6 (Public Law 114–113; 129 Stat. 2242), is amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘feasibility studies described 

9 in clauses (i)(II) and (ii)(I)’’ and inserting ‘‘fea10 sibility study described in clause (i)(II)’’; and 

11 (B) by striking ‘‘such studies’’ and inserting 

12 ‘‘such study’’; 

13 (2) by redesignating paragraphs (3) and (4) as 

14 paragraphs (4) and (5), respectively; and 

15 (3) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) not later than November 30, 2017, complete 

18 and submit to the appropriate committees of the 

19 House of Representatives and the Senate the feasi20 bility study described in section 103(d)(1)(A)(ii)(I) of 

21 the Calfed Bay-Delta Authorization Act (Public Law 

22 108–361; 118 Stat. 1684);’’. 

23 SEC. 206. (a) The Secretary of the Interior, in coordi24 nation with the Secretary of the Army and the Secretary 

25 of Agriculture, may enter into an agreement with the Na-
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1 tional Academy of Sciences under which the National Acad2 emy of Sciences shall conduct a comprehensive study, to be 

3 completed not later than 1 year after the date of enactment 

4 of this Act, on the effectiveness and environmental impact 

5 of salt cedar control efforts (including biological control) in 

6 increasing water supplies, restoring riparian habitat, and 

7 improving flood management. 

8 (b) Not later than 1 year after the date of completion 

9 of the study under subsection (a), the Secretary of the Inte10 rior, in coordination with the Secretary of Agriculture, may 

11 prepare a plan for the removal of salt cedar from all Fed12 eral land in the Lower Colorado River basin based on the 

13 findings and recommendations of the study conducted by 

14 the National Academy of Sciences that includes— 

15 (1) provisions for revegetating Federal land with 

16 native vegetation; 

17 (2) provisions for adapting to the increasing 

18 presence of biological control in the Lower Colorado 

19 River basin; 

20 (3) provisions for removing salt cedar from Fed21 eral land during post-wildfire recovery activities; 

22 (4) strategies for developing partnerships with 

23 State, tribal, and local governmental entities in the 

24 eradication of salt cedar; and 
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1 (5) budget estimates and completion timelines for 

2 the implementation of plan elements. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY EFFICIENCY AND RENEWABLE ENERGY

7 For Department of Energy expenses including the pur8 chase, construction, and acquisition of plant and capital 

9 equipment, and other expenses necessary for energy effi10 ciency and renewable energy activities in carrying out the 

11 purposes of the Department of Energy Organization Act (42 

12 U.S.C. 7101 et seq.), including the acquisition or con13 demnation of any real property or any facility or for plant 

14 or facility acquisition, construction, or expansion, 

15 $2,073,000,000, to remain available until expended: Pro16 vided, That of such amount, $153,500,000 shall be available 

17 until September 30, 2018, for program direction: Provided 

18 further, That of such amount $220,600,000 shall be avail19 able for the Weatherization Assistance Program, of which 

20 $6,000,000 shall be derived by transfer from the amount 

21 otherwise available for Building Technologies: Provided fur22 ther, That of such amount, $95,400,000 shall be available 

23 for wind energy. 
26 

† HR 2028 EAS 

1 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

2 For Department of Energy expenses including the pur3 chase, construction, and acquisition of plant and capital 

4 equipment, and other expenses necessary for electricity de5 livery and energy reliability activities in carrying out the 

6 purposes of the Department of Energy Organization Act (42 

7 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 $206,000,000, to remain available until expended: Pro11 vided, That of such amount, $28,500,000 shall be available 

12 until September 30, 2018, for program direction. 

13 NUCLEAR ENERGY

14 For Department of Energy expenses including the pur15 chase, construction, and acquisition of plant and capital 

16 equipment, and other expenses necessary for nuclear energy 

17 activities in carrying out the purposes of the Department 

18 of Energy Organization Act (42 U.S.C. 7101 et seq.), in19 cluding the acquisition or condemnation of any real prop20 erty or any facility or for plant or facility acquisition, con21 struction, or expansion, and the purchase of no more than 

22 three emergency service vehicles for replacement only, 

23 $1,057,903,000, to remain available until expended: Pro24 vided, That of such amount, the Secretary of Energy may 

25 obligate up to $10,000,000 under existing authorities, for 
27 

† HR 2028 EAS 

1 contracting for the management of used nuclear fuel to 

2 which the Secretary holds the title or has a contract to ac3 cept title: Provided further, That of such amount, 

4 $80,000,000 shall be available until September 30, 2018, 

5 for program direction. 

6 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

7 For Department of Energy expenses necessary in car8 rying out fossil energy research and development activities, 

9 under the authority of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisition 

11 of interest, including defeasible and equitable interests in 

12 any real property or any facility or for plant or facility 

13 acquisition or expansion, and for conducting inquiries, 

14 technological investigations and research concerning the ex15 traction, processing, use, and disposal of mineral substances 

16 without objectionable social and environmental costs (30 

17 U.S.C. 3, 1602, and 1603), $632,000,000, to remain avail18 able until expended: Provided, That of the amount made 

19 available under this heading in this Act, $60,000,000 shall 

20 be available until September 30, 2018, for program direc21 tion. 

22 NAVAL PETROLEUM AND OIL SHALE RESERVES

23 For Department of Energy expenses necessary to carry 

24 out naval petroleum and oil shale reserve activities, 

25 $14,950,000, to remain available until expended: Provided, 
28 

† HR 2028 EAS 

1 That notwithstanding any other provision of law, unobli2 gated funds remaining from prior years shall be available 

3 for all naval petroleum and oil shale reserve activities. 

4 STRATEGIC PETROLEUM RESERVE

5 For Department of Energy expenses necessary for 

6 Strategic Petroleum Reserve facility development and oper7 ations and program management activities pursuant to the 

8 Energy Policy and Conservation Act (42 U.S.C. 6201 et 

9 seq.), $200,000,000, to remain available until expended. 

10 Provided, That as authorized by section 404 of the Bipar11 tisan Budget Act of 2015 (Public Law 114–74), the Sec12 retary of the Department of Energy shall drawdown and 

13 sell not to exceed $375,400,000 of crude oil from the Stra14 tegic Petroleum Reserve in fiscal year 2017: Provided fur15 ther, That the proceeds from such drawdown and sale shall 

16 be deposited into the Energy Security and Infrastructure 

17 Modernization Fund during fiscal year 2017 and shall re18 main available until expended for necessary expenses in 

19 carrying out construction, operations, maintenance, repair, 

20 and replacement activities of the Strategic Petroleum Re21 serve. 

22 NORTHEAST HOME HEATING OIL RESERVE

23 For Department of Energy expenses necessary for 

24 Northeast Home Heating Oil Reserve storage, operation, 

25 and management activities pursuant to the Energy Policy 
29 

† HR 2028 EAS 

1 and Conservation Act (42 U.S.C. 6201 et seq.), $6,500,000, 

2 to remain available until expended. 

3 ENERGY INFORMATION ADMINISTRATION

4 For Department of Energy expenses necessary in car5 rying out the activities of the Energy Information Adminis6 tration, $122,000,000, to remain available until expended. 

7 NON-DEFENSE ENVIRONMENTAL CLEANUP

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses necessary for non-defense 

11 environmental cleanup activities in carrying out the pur12 poses of the Department of Energy Organization Act (42 

13 U.S.C. 7101 et seq.), including the acquisition or con14 demnation of any real property or any facility or for plant 

15 or facility acquisition, construction, or expansion, 

16 $255,000,000, to remain available until expended. 

17 URANIUM ENRICHMENT DECONTAMINATION AND

18 DECOMMISSIONING FUND

19 For Department of Energy expenses necessary in car20 rying out uranium enrichment facility decontamination 

21 and decommissioning, remedial actions, and other activities 

22 of title II of the Atomic Energy Act of 1954, and title X, 

23 subtitle A, of the Energy Policy Act of 1992, $717,741,000, 

24 to be derived from the Uranium Enrichment Decontamina25 tion and Decommissioning Fund, to remain available until 
30 

† HR 2028 EAS 

1 expended, of which $30,000,000 shall be available in accord2 ance with title X, subtitle A, of the Energy Policy Act of 

3 1992. 

4 SCIENCE

5 For Department of Energy expenses including the pur6 chase, construction, and acquisition of plant and capital 

7 equipment, and other expenses necessary for science activi8 ties in carrying out the purposes of the Department of En9 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

10 the acquisition or condemnation of any real property or 

11 facility or for plant or facility acquisition, construction, or 

12 expansion, and purchase of not more than 17 passenger 

13 motor vehicles for replacement only, including one ambu14 lance and one bus, $5,400,000,000, to remain available 

15 until expended: Provided, That of such amount, 

16 $191,500,000 shall be available until September 30, 2018, 

17 for program direction. 

18 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

19 For Department of Energy expenses necessary in car20 rying out the activities authorized by section 5012 of the 

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

22 $325,000,000, to remain available until expended: Pro23 vided, That of such amount, $29,250,000 shall be available 

24 until September 30, 2018, for program direction. 
31 

† HR 2028 EAS 

1 OFFICE OF INDIAN ENERGY

2 For necessary expenses for Indian Energy activities in 

3 carrying out the purposes of the Department of Energy Or4 ganization Act (42 U.S.C. 7101 et seq.), $20,000,000, to re5 main available until expended: Provided, That, of the 

6 amount appropriated under this heading, $4,800,000 shall 

7 be available until September 30, 2018, for program direc8 tion. 

9 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

10 For the cost of loan guarantees provided under section 

11 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 

12 3502(c)), $8,500,000, to remain available until expended: 

13 Provided, That the cost of those loan guarantees (including 

14 the costs of modifying loans, as applicable) shall be deter15 mined in accordance with section 502 of the Congressional 

16 Budget Act of 1974 (2 U.S.C. 661a): Provided further, That, 

17 for necessary administrative expenses to carry out that pro18 gram, $500,000 is appropriated, to remain available until 

19 expended: Provided further, That, of the subsidy amounts 

20 provided by section 1425 of the Department of Defense and 

21 Full-Year Continuing Appropriations Act, 2011 (Public 

22 Law 112–10; 125 Stat. 126), for the cost of loan guarantees 

23 for renewable energy or efficient end-use energy technologies 

24 under section 1703 of the Energy Policy Act of 2005 (42 

25 U.S.C. 16513), $9,000,000 is permanently canceled. 
32 

† HR 2028 EAS 

1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 Such sums as are derived from amounts received from 

4 borrowers pursuant to section 1702(b) of the Energy Policy 

5 Act of 2005 under this heading in prior Acts, shall be col6 lected in accordance with section 502(7) of the Congres7 sional Budget Act of 1974: Provided, That for necessary ad8 ministrative expenses to carry out this Loan Guarantee 

9 program, $37,000,000 is appropriated from fees collected in 

10 prior years pursuant to section 1702(h) of the Energy Pol11 icy Act of 2005 which are not otherwise appropriated, to 

12 remain available until September 30, 2018: Provided fur13 ther, That if the amount in the previous proviso is not 

14 available from such fees, an amount for such purposes is 

15 also appropriated from the general fund so as to result in 

16 a total amount appropriated for such purpose of no more 

17 than $37,000,000: Provided further, That fees collected pur18 suant to such section 1702(h) for fiscal year 2017 shall be 

19 credited as offsetting collections under this heading and 

20 shall not be available until appropriated: Provided further, 

21 That the Department of Energy shall not subordinate any 

22 loan obligation to other financing in violation of section 

23 1702 of the Energy Policy Act of 2005 or subordinate any 

24 Guaranteed Obligation to any loan or other debt obligations 
33 

† HR 2028 EAS 

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

2 Regulations. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOAN PROGRAM

5 For Department of Energy administrative expenses 

6 necessary in carrying out the Advanced Technology Vehicles 

7 Manufacturing Loan Program, $5,000,000, to remain 

8 available until September 30, 2018. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of Energy 

11 necessary for departmental administration in carrying out 

12 the purposes of the Department of Energy Organization Act 

13 (42 U.S.C. 7101 et seq.), $232,142,000, to remain available 

14 until September 30, 2018, including the hire of passenger 

15 motor vehicles and official reception and representation ex16 penses not to exceed $30,000, plus such additional amounts 

17 as necessary to cover increases in the estimated amount of 

18 cost of work for others notwithstanding the provisions of 

19 the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

20 That such increases in cost of work are offset by revenue 

21 increases of the same or greater amount: Provided further, 

22 That moneys received by the Department for miscellaneous 

23 revenues estimated to total $103,000,000 in fiscal year 2017 

24 may be retained and used for operating expenses within this 

25 account, as authorized by section 201 of Public Law 95– 
34 

† HR 2028 EAS 

1 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro2 vided further, That the sum herein appropriated shall be 

3 reduced as collections are received during the fiscal year 

4 so as to result in a final fiscal year 2017 appropriation 

5 from the general fund estimated at not more than 

6 $129,142,000. 

7 OFFICE OF THE INSPECTOR GENERAL

8 For expenses necessary for the Office of the Inspector 

9 General in carrying out the provisions of the Inspector Gen10 eral Act of 1978, $44,424,000, to remain available until 

11 September 30, 2018. 

12 ATOMIC ENERGY DEFENSE ACTIVITIES 

13 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

14 WEAPONS ACTIVITIES

15 For Department of Energy expenses, including the 

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

18 atomic energy defense weapons activities in carrying out 

19 the purposes of the Department of Energy Organization Act 

20 (42 U.S.C. 7101 et seq.), including the acquisition or con21 demnation of any real property or any facility or for plant 

22 or facility acquisition, construction, or expansion, 

23 $9,285,147,000, to remain available until expended: Pro24 vided, That of such amount, $106,600,000 shall be available 

25 until September 30, 2018, for program direction. 
35 

† HR 2028 EAS 

1 DEFENSE NUCLEAR NONPROLIFERATION

2 For Department of Energy expenses, including the 

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

5 defense nuclear nonproliferation activities, in carrying out 

6 the 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 $1,821,916,000, to remain available until expended. 

11 NAVAL REACTORS

12 For Department of Energy expenses necessary for 

13 naval reactors activities to carry out the Department of En14 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

15 the acquisition (by purchase, condemnation, construction, 

16 or otherwise) of real property, plant, and capital equip17 ment, facilities, and facility expansion, $1,351,520,000, to 

18 remain available until expended: Provided, That of such 

19 amount, $47,100,000 shall be available until September 30, 

20 2018, for program direction. 

21 FEDERAL SALARIES AND EXPENSES

22 For expenses necessary for Federal Salaries and Ex23 penses in the National Nuclear Security Administration, 

24 $408,603,000, to remain available until September 30, 
36 

† HR 2028 EAS 

1 2018, including official reception and representation ex2 penses not to exceed $12,000. 

3 ENVIRONMENTAL AND OTHER DEFENSE 

4 ACTIVITIES 

5 DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for atomic en9 ergy defense environmental cleanup activities in carrying 

10 out the purposes of the Department of Energy Organization 

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

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion, 

14 and the purchase of not to exceed one fire apparatus pump15 er truck, one aerial lift truck, one refuse truck, and one 

16 semi-truck for replacement only, $5,379,018,000, to remain 

17 available until expended: Provided, That of such amount 

18 $290,050,000 shall be available until September 30, 2018, 

19 for program direction. 

20 DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND

21 DECOMMISSIONING

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for atomic energy defense 

24 environmental cleanup activities for Department of Energy 

25 contributions for uranium enrichment decontamination 
37 

† HR 2028 EAS 

1 and decommissioning activities, $717,741,000, to be depos2 ited into the Defense Environmental Cleanup account 

3 which shall be transferred to the ‘‘Uranium Enrichment De4 contamination and Decommissioning Fund’’. 

5 OTHER DEFENSE ACTIVITIES

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses, necessary for atomic en9 ergy defense, other defense activities, and classified activi10 ties, in carrying out the purposes of the Department of En11 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

12 the acquisition or condemnation of any real property or 

13 any facility or for plant or facility acquisition, construc14 tion, or expansion, $791,552,000, to remain available until 

15 expended: Provided, That of such amount, $258,061,000 

16 shall be available until September 30, 2018, for program 

17 direction. 

18 POWER MARKETING ADMINISTRATIONS 

19 BONNEVILLE POWER ADMINISTRATION FUND

20 Expenditures from the Bonneville Power Administra21 tion Fund, established pursuant to Public Law 93–454, are 

22 approved for official reception and representation expenses 

23 in an amount not to exceed $5,000: Provided, That during 

24 fiscal year 2017, no new direct loan obligations may be 

25 made. 
38 

† HR 2028 EAS 

1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For expenses necessary for operation and maintenance 

4 of power transmission facilities and for marketing electric 

5 power and energy, including transmission wheeling and 

6 ancillary services, pursuant to section 5 of the Flood Con7 trol Act of 1944 (16 U.S.C. 825s), as applied to the south8 eastern power area, $1,000,000, including official reception 

9 and representation expenses in an amount not to exceed 

10 $1,500, to remain available until expended: Provided, That 

11 notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 

12 Control Act of 1944, up to $1,000,000 collected by the 

13 Southeastern Power Administration from the sale of power 

14 and related services shall be credited to this account as dis15 cretionary offsetting collections, to remain available until 

16 expended for the sole purpose of funding the annual ex17 penses of the Southeastern Power Administration: Provided 

18 further, That the sum herein appropriated for annual ex19 penses shall be reduced as collections are received during 

20 the fiscal year so as to result in a final fiscal year 2017 

21 appropriation estimated at not more than $0: Provided fur22 ther, That notwithstanding 31 U.S.C. 3302, up to 

23 $60,760,000 collected by the Southeastern Power Adminis24 tration pursuant to the Flood Control Act of 1944 to recover 

25 purchase power and wheeling expenses shall be credited to 
39 

† HR 2028 EAS 

1 this account as offsetting collections, to remain available 

2 until expended for the sole purpose of making purchase 

3 power and wheeling expenditures: Provided further, That 

4 for purposes of this appropriation, annual expenses means 

5 expenditures that are generally recovered in the same year 

6 that they are incurred (excluding purchase power and 

7 wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

9 ADMINISTRATION

10 For expenses necessary for operation and maintenance 

11 of power transmission facilities and for marketing electric 

12 power and energy, for construction and acquisition of 

13 transmission lines, substations and appurtenant facilities, 

14 and for administrative expenses, including official recep15 tion and representation expenses in an amount not to ex16 ceed $1,500 in carrying out section 5 of the Flood Control 

17 Act of 1944 (16 U.S.C. 825s), as applied to the South18 western Power Administration, $45,643,000, to remain 

19 available until expended: Provided, That notwithstanding 

20 31 U.S.C. 3302 and section 5 of the Flood Control Act of 

21 1944 (16 U.S.C. 825s), up to $34,586,000 collected by the 

22 Southwestern Power Administration from the sale of power 

23 and related services shall be credited to this account as dis24 cretionary offsetting collections, to remain available until 

25 expended, for the sole purpose of funding the annual ex-
40 

† HR 2028 EAS 

1 penses of the Southwestern Power Administration: Provided 

2 further, That the sum herein appropriated for annual ex3 penses shall be reduced as collections are received during 

4 the fiscal year so as to result in a final fiscal year 2017 

5 appropriation estimated at not more than $11,057,000: 

6 Provided further, That notwithstanding 31 U.S.C. 3302, up 

7 to $73,000,000 collected by the Southwestern Power Admin8 istration pursuant to the Flood Control Act of 1944 to re9 cover purchase power and wheeling expenses shall be cred10 ited to this account as offsetting collections, to remain avail11 able until expended for the sole purpose of making purchase 

12 power and wheeling expenditures: Provided further, That 

13 for purposes of this appropriation, annual expenses means 

14 expenditures that are generally recovered in the same year 

15 that they are incurred (excluding purchase power and 

16 wheeling expenses). 

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

19 For carrying out the functions authorized by title III, 

20 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

21 7152), and other related activities including conservation 

22 and renewable resources programs as authorized, 

23 $307,144,000, including official reception and representa24 tion expenses in an amount not to exceed $1,500, to remain 

25 available until expended, of which $299,742,000 shall be de-
41 

† HR 2028 EAS 

1 rived from the Department of the Interior Reclamation 

2 Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec3 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

4 and section 1 of the Interior Department Appropriation 

5 Act, 1939 (43 U.S.C. 392a), up to $211,563,000 collected 

6 by the Western Area Power Administration from the sale 

7 of power and related services shall be credited to this ac8 count as discretionary offsetting collections, to remain 

9 available until expended, for the sole purpose of funding 

10 the annual expenses of the Western Area Power Administra11 tion: Provided further, That the sum herein appropriated 

12 for annual expenses shall be reduced as collections are re13 ceived during the fiscal year so as to result in a final fiscal 

14 year 2017 appropriation estimated at not more than 

15 $95,581,000, of which $88,179,000 is derived from the Rec16 lamation Fund: Provided further, That notwithstanding 31 

17 U.S.C. 3302, up to $367,009,000 collected by the Western 

18 Area Power Administration pursuant to the Flood Control 

19 Act of 1944 and the Reclamation Project Act of 1939 to 

20 recover purchase power and wheeling expenses shall be cred21 ited to this account as offsetting collections, to remain avail22 able until expended for the sole purpose of making purchase 

23 power and wheeling expenditures: Provided further, That 

24 for purposes of this appropriation, annual expenses means 

25 expenditures that are generally recovered in the same year 
42 

† HR 2028 EAS 

1 that they are incurred (excluding purchase power and 

2 wheeling expenses). 

3 FALCON AND AMISTAD OPERATING AND MAINTENANCE

4 FUND

5 For operation, maintenance, and emergency costs for 

6 the hydroelectric facilities at the Falcon and Amistad 

7 Dams, $4,070,000, to remain available until expended, and 

8 to be derived from the Falcon and Amistad Operating and 

9 Maintenance Fund of the Western Area Power Administra10 tion, as provided in section 2 of the Act of June 18, 1954 

11 (68 Stat. 255): Provided, That notwithstanding the provi12 sions of that Act and of 31 U.S.C. 3302, up to $3,838,000 

13 collected by the Western Area Power Administration from 

14 the sale of power and related services from the Falcon and 

15 Amistad Dams shall be credited to this account as discre16 tionary offsetting collections, to remain available until ex17 pended for the sole purpose of funding the annual expenses 

18 of the hydroelectric facilities of these Dams and associated 

19 Western Area Power Administration activities: Provided 

20 further, That the sum herein appropriated for annual ex21 penses shall be reduced as collections are received during 

22 the fiscal year so as to result in a final fiscal year 2017 

23 appropriation estimated at not more than $232,000: Pro24 vided further, That for purposes of this appropriation, an25 nual expenses means expenditures that are generally recov-
43 

† HR 2028 EAS 

1 ered in the same year that they are incurred: Provided fur2 ther, That for fiscal year 2017, the Administrator of the 

3 Western Area Power Administration may accept up to 

4 $323,000 in funds contributed by United States power cus5 tomers of the Falcon and Amistad Dams for deposit into 

6 the Falcon and Amistad Operating and Maintenance Fund, 

7 and such funds shall be available for the purpose for which 

8 contributed in like manner as if said sums had been specifi9 cally appropriated for such purpose: Provided further, That 

10 any such funds shall be available without further appro11 priation and without fiscal year limitation for use by the 

12 Commissioner of the United States Section of the Inter13 national Boundary and Water Commission for the sole pur14 pose of operating, maintaining, repairing, rehabilitating, 

15 replacing, or upgrading the hydroelectric facilities at these 

16 Dams in accordance with agreements reached between the 

17 Administrator, Commissioner, and the power customers. 

18 FEDERAL ENERGY REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary for the Federal Energy Regu21 latory Commission to carry out the provisions of the De22 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

24 official reception and representation expenses not to exceed 

25 $3,000, and the hire of passenger motor vehicles, 
44 

† HR 2028 EAS 

1 $346,800,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law, not 

3 to exceed $346,800,000 of revenues from fees and annual 

4 charges, and other services and collections in fiscal year 

5 2017 shall be retained and used for expenses necessary in 

6 this account, and shall remain available until expended: 

7 Provided further, That the sum herein appropriated from 

8 the general fund shall be reduced as revenues are received 

9 during fiscal year 2017 so as to result in a final fiscal year 

10 2017 appropriation from the general fund estimated at not 

11 more than $0. 

12 GENERAL PROVISIONS—DEPARTMENT OF 

13 ENERGY 

14 (INCLUDING TRANSFER OF FUNDS)

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

16 made available by this title for the Department of Energy 

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

18 or activity or to prepare or initiate Requests For Proposals 

19 or similar arrangements (including Requests for 

20 Quotations, Requests for Information, and Funding Oppor21 tunity Announcements) for a program, project, or activity 

22 if the program, project, or activity has not been funded by 

23 Congress. 

24 (b)(1) Unless the Secretary of Energy notifies the Com25 mittees on Appropriations of both Houses of Congress at 
45 

† HR 2028 EAS 

1 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 or 

7 more, including a contract covered by the Federal Ac8 quisition Regulation; 

9 (C) issue a letter of intent to make an allocation, 

10 award, or Agreement in excess of the limits in sub11 paragraph (A) or (B); or 

12 (D) announce publicly the intention to make an 

13 allocation, award, or Agreement in excess of the limits 

14 in subparagraph (A) or (B). 

15 (2) The Secretary of Energy shall submit to the Com16 mittees on Appropriations of both Houses of Congress with17 in 15 days of the conclusion of each quarter a report detail18 ing each grant allocation or discretionary grant award to19 taling less than $1,000,000 provided during the previous 

20 quarter. 

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

22 report required by paragraph (2) shall include the recipient 

23 of the award, the amount of the award, the fiscal year for 

24 which the funds for the award were appropriated, the ac25 count and program, project, or activity from which the 
46 

† HR 2028 EAS 

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

2 description of the activity for which the award is made. 

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

4 to any program, project, or activity that uses budget au5 thority made available in this title under the heading ‘‘De6 partment of Energy—Energy Programs’’, enter into a 

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

8 a multiyear cooperative agreement unless— 

9 (1) the contract, grant, or cooperative agreement 

10 is funded for the full period of performance as antici11 pated at the time of award; or 

12 (2) the contract, grant, or cooperative agreement 

13 includes a clause conditioning the Federal Govern14 ment’s obligation on the availability of future year 

15 budget authority and the Secretary notifies the Com16 mittees on Appropriations of both Houses of Congress 

17 at least 3 days in advance. 

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

19 the amounts made available by this title shall be expended 

20 as authorized by law for the programs, projects, and activi21 ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart22 ment of Energy’’ table included under the heading ‘‘Title 

23 III—Department of Energy’’ in the report of the Committee 

24 on Appropriations accompanying this Act. 
47 

† HR 2028 EAS 

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 to 

5 the use of any proposed reprogramming that would cause 

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

7 or decrease by more than $5,000,000 or 10 percent, which8 ever is less, during the time period covered by this Act. 

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

10 available for obligation or expenditure through a re11 programming of funds that— 

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

13 project, or activity; 

14 (2) increases funds or personnel for any pro15 gram, project, or activity for which funds are denied 

16 or restricted by this Act; or 

17 (3) reduces funds that are directed to be used for 

18 a specific program, project, or activity by this Act. 

19 (g)(1) The Secretary of Energy may waive any re20 quirement or restriction in this section that applies to the 

21 use of funds made available for the Department of Energy 

22 if compliance with such requirement or restriction would 

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

24 welfare, or national security. 
48 

† HR 2028 EAS 

1 (2) The Secretary of Energy shall notify the Commit2 tees on Appropriations of both Houses of Congress of any 

3 waiver under paragraph (1) as soon as practicable, but not 

4 later than 3 days after the date of the activity to which 

5 a requirement or restriction would otherwise have applied. 

6 Such notice shall include an explanation of the substantial 

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

8 (h) The unexpended balances of prior appropriations 

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

10 same appropriation accounts for such activities established 

11 pursuant to this title. Available balances may be merged 

12 with funds in the applicable established accounts and there13 after may be accounted for as one fund for the same time 

14 period as originally enacted. 

15 SEC. 302. (a) Unobligated balances available from ap16 propriations are hereby permanently rescinded from the fol17 lowing accounts of the Department of Energy in the speci18 fied amounts: 

19 (1) ‘‘Atomic Energy Defense Activities—Na20 tional Nuclear Security Administration—Weapons 

21 Activities’’, $50,400,000. 

22 (2) ‘‘Atomic Energy Defense Activities—Na23 tional Nuclear Security Administration—Defense Nu24 clear Nonproliferation’’, $14,000,000. 
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1 (3) ‘‘Energy Program—Fossil Energy Research 

2 and Development’’, $240,000,000. 

3 (4) ‘‘Energy Program—Title 17 Innovative 

4 Technology Loan Guarantee Program’’, $9,500,000. 

5 (5) ‘‘Energy Program—Energy Efficiency and 

6 Renewable Energy’’, $20,600,000. 

7 (6) ‘‘Energy Program—Nuclear Energy’’, 

8 $231,000. 

9 (7) ‘‘Energy Program—Strategic Petroleum Re10 serve’’, $150,000. 

11 (8) ‘‘Energy Program—Naval Petroleum and Oil 

12 Shale Reserves’’, $150,000. 

13 (9) ‘‘Energy Program—Science’’, $1,700,000. 

14 (b) No amounts may be rescinded by this section from 

15 amounts that were designated by Congress as an emergency 

16 requirement pursuant to a concurrent resolution on the 

17 budget or the Balanced Budget and Emergency Deficit Con18 trol Act of 1985. 

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

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

21 for intelligence activities are deemed to be specifically au22 thorized by the Congress for purposes of section 504 of the 

23 National Security Act of 1947 (50 U.S.C. 3094) during fis24 cal year 2017 until the enactment of the Intelligence Au25 thorization Act for fiscal year 2017. 
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1 SEC. 304. None of the funds made available in this 

2 title shall be used for the construction of facilities classified 

3 as high-hazard nuclear facilities under 10 CFR Part 830 

4 unless independent oversight is conducted by the Office of 

5 Enterprise Assessments to ensure the project is in compli6 ance with nuclear safety requirements. 

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

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

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

10 any successive departmental guidance, for construction 

11 projects where the total project cost exceeds $100,000,000, 

12 until a separate independent cost estimate has been devel13 oped for the project for that critical decision. 

14 SEC. 306. (a) DEFINITIONS.—In this section: 

15 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af16 fected Indian tribe’’ has the meaning given the term 

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

18 (42 U.S.C. 10101). 

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

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

21 given the term in section 2 of the Nuclear Waste Pol22 icy Act of 1982 (42 U.S.C. 10101). 

23 (3) NUCLEAR WASTE FUND.—The term ‘‘Nuclear 

24 Waste Fund’’ means the Nuclear Waste Fund estab-
51 

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1 lished under section 302(c) of the Nuclear Waste Pol2 icy Act of 1982 (42 U.S.C. 10222(c)). 

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

4 the Secretary of Energy. 

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

6 nuclear fuel’’ has the meaning given the term in sec7 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

8 U.S.C. 10101). 

9 (b) PILOT PROGRAM.—Notwithstanding any provision 

10 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 

11 et seq.), the Secretary is authorized, in the current fiscal 

12 year and subsequent fiscal years, to conduct a pilot pro13 gram, through 1 or more private sector partners, to license, 

14 construct, and operate 1 or more government or privately 

15 owned consolidated storage facilities to provide interim 

16 storage as needed for spent nuclear fuel and high-level ra17 dioactive waste, with priority for storage given to spent nu18 clear fuel located on sites without an operating nuclear re19 actor. 

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

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

22 shall issue a request for proposals for cooperative agree23 ments— 
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1 (1) to obtain any license necessary from the Nu2 clear Regulatory Commission for the construction of 

3 1 or more consolidated storage facilities; 

4 (2) to demonstrate the safe transportation of 

5 spent nuclear fuel and high-level radioactive waste, as 

6 applicable; and 

7 (3) to demonstrate the safe storage of spent nu8 clear fuel and high-level radioactive waste, as appli9 cable, at the 1 or more consolidated storage facilities 

10 pending the construction and operation of deep geo11 logic disposal capacity for the permanent disposal of 

12 the spent nuclear fuel. 

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

14 consolidated storage facility pursuant to this section, the 

15 Secretary shall enter into an agreement to host the facility 

16 with— 

17 (1) the Governor of the State; 

18 (2) each unit of local government within the ju19 risdiction of which the facility is proposed to be lo20 cated; and 

21 (3) each affected Indian tribe. 

22 (e) APPLICABILITY.—In executing this section, the Sec23 retary shall comply with— 

24 (1) all licensing requirements and regulations of 

25 the Nuclear Regulatory Commission; and 
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1 (2) all other applicable laws (including regula2 tions). 

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

4 after the date on which the Secretary issues the request for 

5 proposals under subsection (c), the Secretary shall submit 

6 to Congress a plan to carry out this section that includes— 

7 (1) an estimate of the cost of licensing, con8 structing, and operating a consolidated storage facil9 ity, including the transportation costs, on an annual 

10 basis, over the expected lifetime of the facility; 

11 (2) a schedule for— 

12 (A) obtaining any license necessary to con13 struct and operate a consolidated storage facility 

14 from the Nuclear Regulatory Commission; 

15 (B) constructing the facility; 

16 (C) transporting spent fuel to the facility; 

17 and 

18 (D) removing the spent fuel and decommis19 sioning the facility; and 

20 (3) an estimate of the cost of any financial as21 sistance, compensation, or incentives proposed to be 

22 paid to the host State, Indian tribe, or local govern23 ment; 

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

25 damages expected to be paid by the United States for 
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1 the delay of the Department of Energy in accepting 

2 spent fuel expected to result from the pilot program; 

3 (5) recommendations for any additional legisla4 tion needed to authorize and implement the pilot pro5 gram; and 

6 (6) recommendations for a mechanism to ensure 

7 that any spent nuclear fuel or high-level radioactive 

8 waste stored at a consolidated storage facility pursu9 ant to this section shall move to deep geologic disposal 

10 capacity, following a consent-based approval process 

11 for that deep geologic disposal capacity consistent 

12 with subsection (d), within a reasonable time after the 

13 issuance of a license to construct and operate the con14 solidated storage facility. 

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

16 for the construction of a consolidated storage facility under 

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

18 hearings in the vicinity of each potential site and in at 

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

20 is located to solicit public comments and recommendations. 

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

22 may make expenditures from the Nuclear Waste Fund to 

23 carry out this section, subject to appropriations. 

24 SEC. 307. (a) Not later than 30 days after the date 

25 of enactment of this Act, the Administrator of the Western 
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1 Area Power Administration shall submit to the appropriate 

2 committees of Congress a report that— 

3 (1) examines the use of a provision described in 

4 subsection (b) in any power contracts of the Western 

5 Area Power Administration that were executed before 

6 or on the date of enactment of this Act; and 

7 (2) explains the circumstances for not including 

8 a provision described in subsection (b) in power con9 tracts of the Western Area Power Administration exe10 cuted before or on the date of enactment of this Act. 

11 (b) A provision referred to in subsection (a) is a termi12 nation clause described in section 11 of the general power 

13 contract provisions of the Western Power Administration, 

14 effective September 1, 2007. 

15 TITLE IV 

16 INDEPENDENT AGENCIES 

17 APPALACHIAN REGIONAL COMMISSION

18 For expenses necessary to carry out the programs au19 thorized by the Appalachian Regional Development Act of 

20 1965, and for expenses necessary for the Federal Co-Chair21 man and the Alternate on the Appalachian Regional Com22 mission, for payment of the Federal share of the adminis23 trative expenses of the Commission, including services as 

24 authorized by 5 U.S.C. 3109, and hire of passenger motor 

25 vehicles, $151,000,000, 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 Facili4 ties Safety Board in carrying out activities authorized by 

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

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

7 until September 30, 2018. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the Delta Regional Author11 ity and to carry out its activities, as authorized by the 

12 Delta Regional Authority Act of 2000, notwithstanding sec13 tions 382C(b)(2), 382F(d), 382M, and 382N of said Act, 

14 $25,000,000, to remain available until expended. 

15 DENALI COMMISSION

16 For expenses necessary for the Denali Commission in17 cluding the purchase, construction, and acquisition of plant 

18 and capital equipment as necessary and other expenses, 

19 $15,000,000, to remain available until expended, notwith20 standing the limitations contained in section 306(g) of the 

21 Denali Commission Act of 1998: Provided, That funds shall 

22 be available for construction projects in an amount not to 

23 exceed 80 percent of total project cost for distressed commu24 nities, as defined by section 307 of the Denali Commission 

25 Act of 1998 (division C, title III, Public Law 105–277), 
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1 as amended by section 701 of appendix D, title VII, Public 

2 Law 106–113 (113 Stat. 1501A–280), and an amount not 

3 to exceed 50 percent for non-distressed communities: Pro4 vided further, That, notwithstanding any other provision 

5 of law regarding payment of a non-Federal share in connec6 tion with a grant-in-aid program, amounts under this 

7 heading shall be available for the payment of such a non8 Federal share for programs undertaken to carry out the 

9 purposes of the Commission. 

10 NORTHERN BORDER REGIONAL COMMISSION

11 For expenses necessary for the Northern Border Re12 gional Commission in carrying out activities authorized by 

13 subtitle V of title 40, United States Code, $10,000,000, to 

14 remain available until expended: Provided, That such 

15 amounts shall be available for administrative expenses, not16 withstanding section 15751(b) of title 40, United States 

17 Code. 

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary for the Commission in carrying 

21 out the purposes of the Energy Reorganization Act of 1974 

22 and the Atomic Energy Act of 1954, $939,000,000, includ23 ing official representation expenses not to exceed $25,000, 

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

25 amount appropriated herein, not more than $7,500,000 
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1 may be made available for salaries, travel, and other sup2 port costs for the Office of the Commission, to remain avail3 able until September 30, 2018, of which, notwithstanding 

4 section 201(a)(2)(c) of the Energy Reorganization Act of 

5 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 

6 shall only be approved by a majority vote of the Commis7 sion: Provided further, That revenues from licensing fees, 

8 inspection services, and other services and collections esti9 mated at $822,240,000 in fiscal year 2017 shall be retained 

10 and used for necessary salaries and expenses in this ac11 count, notwithstanding 31 U.S.C. 3302, and shall remain 

12 available until expended: Provided further, That of the 

13 amounts appropriated under this heading, not less than 

14 $5,000,000 shall be for activities related to the development 

15 of regulatory infrastructure for advanced nuclear reactor 

16 technologies, and $5,000,000 of that amount shall not be 

17 available from fee revenues, notwithstanding 42 U.S.C. 

18 2214: Provided further, That the sum herein appropriated 

19 shall be reduced by the amount of revenues received during 

20 fiscal year 2017 so as to result in a final fiscal year 2017 

21 appropriation estimated at not more than $116,760,000: 

22 Provided further, That of the amounts appropriated under 

23 this heading, not less than $543,000 shall be used to imple24 ment the requirements of the Digital Accountability and 
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1 Transparency Act of 2014 (Public Law 113–101; 128 Stat. 

2 1146). 

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General 

6 Act of 1978, $12,129,000, to remain available until Sep7 tember 30, 2018: Provided, That revenues from licensing 

8 fees, inspection services, and other services and collections 

9 estimated at $10,044,000 in fiscal year 2017 shall be re10 tained and be available until September 30, 2018, for nec11 essary salaries and expenses in this account, notwith12 standing section 3302 of title 31, United States Code: Pro13 vided further, That the sum herein appropriated shall be 

14 reduced by the amount of revenues received during fiscal 

15 year 2017 so as to result in a final fiscal year 2017 appro16 priation estimated at not more than $2,085,000: Provided 

17 further, That of the amounts appropriated under this head18 ing, $969,000 shall be for Inspector General services for the 

19 Defense Nuclear Facilities Safety Board, which shall not 

20 be available from fee revenues. 

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Nuclear Waste Tech24 nical Review Board, as authorized by Public Law 100–203, 
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1 section 5051, $3,600,000, to be derived from the Nuclear 

2 Waste Fund, to remain available until September 30, 2018. 

3 GENERAL PROVISIONS—INDEPENDENT 

4 AGENCIES 

5 SEC. 401. (a) The amounts made available by this title 

6 for the Nuclear Regulatory Commission may be repro7 grammed for any program, project, or activity, and the 

8 Commission shall notify the Committees on Appropriations 

9 of both Houses of Congress at least 30 days prior to the 

10 use of any proposed reprogramming that would cause any 

11 program funding level to increase or decrease by more than 

12 $500,000 or 10 percent, whichever is less, during the time 

13 period covered by this Act. 

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

15 the notification requirement in (a) if compliance with such 

16 requirement would pose a substantial risk to human health, 

17 the environment, welfare, or national security. 

18 (2) The Nuclear Regulatory Commission shall notify 

19 the Committees on Appropriations of both Houses of Con20 gress of any waiver under paragraph (1) as soon as prac21 ticable, but not later than 3 days after the date of the activ22 ity to which a requirement or restriction would otherwise 

23 have applied. Such notice shall include an explanation of 

24 the substantial risk under paragraph (1) that permitted 

25 such waiver and shall provide a detailed report to the Com-
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1 mittees of such waiver and changes to funding levels to pro2 grams, projects, or activities. 

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

4 the amounts made available by this title for ‘‘Nuclear Regu5 latory Commission—Salaries and Expenses’’ shall be ex6 pended as directed in the report accompanying this Act. 

7 (d) None of the funds provided for the Nuclear Regu8 latory Commission shall be available for obligation or ex9 penditure through a reprogramming of funds that increases 

10 funds or personnel for any program, project, or activity for 

11 which funds are denied or restricted by this Act. 

12 (e) The Commission shall provide a monthly report to 

13 the Committees on Appropriations of both Houses of Con14 gress, which includes the following for each program, 

15 project, or activity, including any prior year appropria16 tions— 

17 (1) total budget authority; 

18 (2) total unobligated balances; and 

19 (3) total unliquidated obligations. 

20 TITLE V 

21 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 commu-
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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 title 

4 III of this Act may be transferred to any department, agen5 cy, or instrumentality of the United States Government, ex6 cept pursuant to a transfer made by or transfer authority 

7 provided in this Act or any other appropriations Act for 

8 any fiscal year, transfer authority referenced in the report 

9 of the Committee on Appropriations accompanying this 

10 Act, or any authority whereby a department, agency, or in11 strumentality of the United States Government may pro12 vide goods or services to another department, agency, or in13 strumentality. 

14 (b) None of the funds made available for any depart15 ment, agency, or instrumentality of the United States Gov16 ernment may be transferred to accounts funded in title III 

17 of this Act, except pursuant to a transfer made by or trans18 fer authority provided in this Act or any other appropria19 tions Act for any fiscal year, transfer authority referenced 

20 in the report of the Committee on Appropriations accom21 panying this Act, or any authority whereby a department, 

22 agency, or instrumentality of the United States Government 

23 may provide goods or services to another department, agen24 cy, 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 Houses 

4 of Congress a semiannual report detailing the transfer au5 thorities, except for any authority whereby a department, 

6 agency, or instrumentality of the United States Government 

7 may provide goods or services to another department, agen8 cy, or instrumentality, used in the previous 6 months and 

9 in the year-to-date. This report shall include the amounts 

10 transferred and the purposes for which they were trans11 ferred, and shall not replace or modify existing notification 

12 requirements for each authority. 

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

15 2017’’. 

Attest: 

Secretary. 
114TH CONGRESS 

2D SESSION H.R. 2028 

AMENDMENT