II 

★(Star Print)

Calendar No. 96 

114TH CONGRESS 

1ST SESSION H. R. 2028 

[Report No. 114–54] 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2015 

Received; read twice and referred to the Committee on Appropriations 

MAY 21, 2015 

Reported by Mr. ALEXANDER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 InVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2028.RS H2028

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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 exVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2028.RS H2028

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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, exVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H2028.RS H2028

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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 

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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 

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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. 


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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 


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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 addiVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\H2028.RS H2028

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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. 


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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, 


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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. 


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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. 


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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. 


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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 


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HR 2028 RS1S 

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 


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HR 2028 RS1S 

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 


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HR 2028 RS1S 

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 


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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 


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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 


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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. 


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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 


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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— 


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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. 


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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. 


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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 


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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 


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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; 


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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. 


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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. 


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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 

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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 

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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, 

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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’’. 

17 That the following sums are appropriated, out of any 

18 money in the Treasury not otherwise appropriated, for en19 ergy and water development and related agencies for the 

20 fiscal year ending September 30, 2016, and for other pur21 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, and plans and specifica17 tions of proposed river and harbor, flood and storm damage 

18 reduction, shore protection, and aquatic ecosystem restora19 tion projects, and related efforts prior to construction; for 

20 restudy of authorized projects; and for miscellaneous inves21 tigations, and, when authorized by law, surveys and de22 tailed studies, and plans and specifications of projects prior 

23 to construction, $109,000,000, to remain available until ex24 pended. 


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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, aquatic ecosystem restoration, and related projects 

5 authorized by law; for conducting detailed studies, and 

6 plans and specifications, of such projects (including those 

7 involving participation by States, local governments, or 

8 private groups) authorized or made eligible for selection by 

9 law (but such detailed studies, and plans and specifications, 

10 shall not constitute a commitment of the Government to 

11 construction); $1,641,000,000, to remain available until ex12 pended; of which such sums as are necessary to cover the 

13 Federal share of construction costs for facilities under the 

14 Dredged Material Disposal Facilities program shall be de15 rived from the Harbor Maintenance Trust Fund as author16 ized by Public Law 104–303; and of which such sums as 

17 are necessary to cover one-half of the costs of construction, 

18 replacement, rehabilitation, and expansion of inland water19 ways projects shall be derived from the Inland Waterways 

20 Trust Fund, except as otherwise specifically provided for 

21 in law. 

22 MISSISSIPPI RIVER AND TRIBUTARIES

23 For expenses necessary for flood damage reduction 

24 projects and related efforts in the Mississippi River alluvial 

25 valley below Cape Girardeau, Missouri, as authorized by 


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1 law, $330,000,000, to remain available until expended, of 

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

3 of eligible operation and maintenance costs for inland har4 bors shall be derived from the Harbor Maintenance Trust 

5 Fund. 

6 OPERATION AND MAINTENANCE

7 For expenses necessary for the operation, maintenance, 

8 and care of existing river and harbor, flood and storm dam9 age reduction, aquatic ecosystem restoration, and related 

10 projects authorized by law; providing security for infra11 structure owned or operated by the Corps, including admin12 istrative buildings and laboratories; maintaining harbor 

13 channels provided by a State, municipality, or other public 

14 agency that serve essential navigation needs of general com15 merce, where authorized by law; surveying and charting 

16 northern and northwestern lakes and connecting waters; 

17 clearing and straightening channels; and removing obstruc18 tions to navigation, $2,909,000,000, to remain available 

19 until expended, of which such sums as are necessary to cover 

20 the Federal share of eligible operation and maintenance 

21 costs for coastal harbors and channels, and for inland har22 bors shall be derived from the Harbor Maintenance Trust 

23 Fund; of which such sums as become available from the spe24 cial account for the Corps of Engineers established by the 

25 Land and Water Conservation Fund Act of 1965 shall be 


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1 derived from that account for resource protection, research, 

2 interpretation, and maintenance activities related to re3 source protection in the areas at which outdoor recreation 

4 is available; and of which such sums as become available 

5 from fees collected under section 217 of Public Law 104– 

6 303 shall be used to cover the cost of operation and mainte7 nance of the dredged material disposal facilities for which 

8 such fees have been collected: Provided, That 1 percent of 

9 the total amount of funds provided for each of the programs, 

10 projects, or activities funded under this heading shall not 

11 be allocated to a field operating activity prior to the begin12 ning of the fourth quarter of the fiscal year and shall be 

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

14 emergency activities as the Chief of Engineers determines 

15 to be necessary and appropriate, and that the Chief of Engi16 neers shall allocate during the fourth quarter any remain17 ing funds which have not been used for emergency activities 

18 proportionally in accordance with the amounts provided for 

19 the programs, projects, or activities. 

20 REGULATORY PROGRAM

21 For expenses necessary for administration of laws per22 taining to regulation of navigable waters and wetlands, 

23 $200,000,000, to remain available until September 30, 

24 2017. 


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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $101,500,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurricane, 

8 and other natural disasters and support emergency oper9 ations, repairs, and other activities in response to such dis10 asters as authorized by law, $28,000,000, to remain avail11 able until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and general 

14 administration of the civil works program in the head15 quarters of the Corps of Engineers and the offices of the 

16 Division Engineers; and for costs of management and oper17 ation of the Humphreys Engineer Center Support Activity, 

18 the Institute for Water Resources, the United States Army 

19 Engineer Research and Development Center, and the 

20 United States Army Corps of Engineers Finance Center al21 locable to the civil works program, $178,000,000, to remain 

22 available until September 30, 2017, of which not to exceed 

23 $5,000 may be used for official reception and representation 

24 purposes and only during the current fiscal year: Provided, 

25 That no part of any other appropriation provided in this 


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1 title shall be available to fund the civil works activities of 

2 the Office of the Chief of Engineers or the civil works execu3 tive direction and management activities of the division of4 fices: Provided further, That any Flood Control and Coastal 

5 Emergencies appropriation may be used to fund the super6 vision and general administration of emergency operations, 

7 repairs, and other activities in response to any flood, hurri8 cane, or other natural disaster. 

9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR

10 CIVIL WORKS

11 For the Office of the Assistant Secretary of the Army 

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

13 $3,000,000, to remain available until September 30, 2017. 

14 GENERAL PROVISIONS—CORPS OF ENGINEERS— 

15 CIVIL 

16 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

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

18 of this Act, or provided by previous appropriations Acts 

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

20 remain available for obligation or expenditure in fiscal year 

21 2016, shall be available for obligation or expenditure 

22 through a reprogramming of funds that: 

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

24 or activity; 

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


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

3 denied or restricted by this Act, unless prior approval 

4 is received from the House and Senate Committees on 

5 Appropriations; 

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

7 activity for a different purpose, unless prior approval 

8 is received from the House and Senate Committees on 

9 Appropriations; 

10 (5) augments or reduces existing programs, 

11 projects or activities in excess of the amounts con12 tained in subsections 6 through 10, unless prior ap13 proval is received from the House and Senate Com14 mittees on Appropriations; 

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

16 $100,000, reprogramming of 25 percent of the base 

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

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

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

20 $25,000: Provided further, That up to $25,000 may be 

21 reprogrammed into any continuing study or activity 

22 that did not receive an appropriation for existing ob23 ligations and concomitant administrative expenses; 

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

25 $2,000,000, reprogramming of 15 percent of the base 


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

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

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

4 $300,000: Provided further, That up to $3,000,000 

5 may be reprogrammed for settled contractor claims, 

6 changed conditions, or real estate deficiency judg7 ments: Provided further, That up to $300,000 may be 

8 reprogrammed into any continuing study or activity 

9 that did not receive an appropriation for existing ob10 ligations and concomitant administrative expenses; 

11 (8) OPERATIONS AND MAINTENANCE.—Unlimited 

12 reprogramming authority is granted in order for the 

13 Corps to be able to respond to emergencies: Provided, 

14 That the Chief of Engineers must notify the House 

15 and Senate Committees on Appropriations of these 

16 emergency actions as soon thereafter as practicable: 

17 Provided further, That for a base level over 

18 $1,000,000, reprogramming of 15 percent of the base 

19 amount a limit of $5,000,000 per project, study or ac20 tivity is allowed: Provided further, That for a base 

21 level less than $1,000,000, the reprogramming limit is 

22 $150,000: Provided further, That $150,000 may be re23 programmed into any continuing study or activity 

24 that did not receive an appropriation; 


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1 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

2 same reprogramming guidelines for the Investiga3 tions, Construction, and Operation and Maintenance 

4 portions of the Mississippi River and Tributaries Ac5 count as listed above; and 

6 (10) FORMERLY UTILIZED SITES REMEDIAL AC7 TION PROGRAM.—Reprogramming of up to 15 percent 

8 of the base of the receiving project is permitted. 

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

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

11 to the House and Senate Committees on Appropriations. 

12 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection 

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

14 under the continuing authorities program. 

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

16 of this Act, the Corps of Engineers shall submit a report 

17 to the House and Senate Committees on Appropriations to 

18 establish the baseline for application of reprogramming and 

19 transfer authorities for the current fiscal year: Provided, 

20 That the report shall include: 

21 (1) A table for each appropriation with a sepa22 rate column to display the President’s budget request, 

23 adjustments made by Congress, adjustments due to 

24 enacted rescissions, if applicable, and the fiscal year 

25 enacted level; 


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1 (2) A delineation in the table for each appro2 priation both by object class and program, project 

3 and activity as detailed in the budget appendix for 

4 the respective appropriations; and 

5 (3) An identification of items of special congres6 sional interest. 

7 SEC. 102. (a) Of the funds made available in prior 

8 appropriations Acts for water resources efforts under the 

9 headings ‘‘Corps of Engineers-Civil, Department of the 

10 Army, Construction’’ that remain unobligated as of the date 

11 of enactment of this Act, including amounts specified in 

12 law for particular projects, programs, or activities, 

13 $128,000,000 is rescinded. 

14 (b) None of the funds under subsection (a) may be re15 scinded from amounts that the Congress designated as an 

16 emergency requirement pursuant to the Concurrent Resolu17 tion on the Budget or the Balanced Budget and Emergency 

18 Deficit Control Act of 1985, as amended. 

19 SEC. 103. The Secretary of the Army may transfer to 

20 the Fish and Wildlife Service, and the Fish and Wildlife 

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

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

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

24 Engineers projects. 


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

2 or any other Act making appropriations for Energy and 

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

4 Corps of Engineers during the fiscal year ending September 

5 30, 2016, to develop, adopt, implement, administer, or en6 force any change to the regulations in effect on October 1, 

7 2012, pertaining to the definitions of the terms ‘‘fill mate8 rial’’ or ‘‘discharge of fill material’’ for the purposes of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

10 seq.). 

11 PROJECT DEAUTHORIZATION

12 SEC. 105. (a) Not later than 180 days after the date 

13 of enactment of this Act, the Secretary shall execute a trans14 fer agreement with the South Florida Water Management 

15 District for the project identified as the ‘‘Ten Mile Creek 

16 Water Preserve Area Critical Restoration Project’’, carried 

17 out under section 528(b)(3) of the Water Resources Develop18 ment Act of 1996 (110 Stat. 3768). 

19 (b) The transfer agreement under subsection (a) shall 

20 require the South Florida Water Management District to 

21 operate the transferred project as an environmental restora22 tion project to provide water storage and water treatment 

23 options. 

24 (c) Upon execution of the transfer agreement under 

25 subsection (a), the Ten Mile Creek Water Preserve Area 


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1 Critical Restoration Project shall no longer be authorized 

2 as a Federal project. 

3 SEC. 106. Section 5032(a)(2) of the Water Resources 

4 Development Act of 2007 (Public Law 110–114; 121 Stat. 

5 1205) is amended by striking ‘‘15’’ and inserting ‘‘20’’. 

6 SEC. 107. (a) No funds made available in this Act or 

7 any prior Act shall be available to reallocate water within 

8 the Alabama-Coosa-Tallapoosa (ACT) river basin, or any 

9 study thereof, until the Corps of Engineers has executed a 

10 Partnering Agreement with Alabama and Georgia out11 lining the participation of each State in a water realloca12 tion study for the ACT river basin. 

13 (b) The prohibition in subsection (a) shall apply to 

14 the use of contributed or other non-Federal funds. 

15 TITLE II 

16 DEPARTMENT OF THE INTERIOR 

17 CENTRAL UTAH PROJECT

18 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

19 For carrying out activities authorized by the Central 

20 Utah Project Completion Act, $9,874,000, to remain avail21 able until expended, of which $1,000,000 shall be deposited 

22 into the Utah Reclamation Mitigation and Conservation 

23 Account for use by the Utah Reclamation Mitigation and 

24 Conservation Commission: Provided, That, of the amount 

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


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1 until September 30, 2017, for expenses necessary in car2 rying out related responsibilities of the Secretary of the In3 terior: Provided further, That, for fiscal year 2016, of the 

4 amount made available to the Commission under this Act 

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

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

7 BUREAU OF RECLAMATION

8 The following appropriations shall be expended to exe9 cute authorized functions of the Bureau of Reclamation: 

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For management, development, and restoration of 

13 water and related natural resources and for related activi14 ties, including the operation, maintenance, and rehabilita15 tion of reclamation and other facilities, participation in 

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other 

18 agreements with, State and local governments, federally rec19 ognized Indian tribes, and others, $988,131,000, to remain 

20 available until expended, of which $22,000 shall be avail21 able for transfer to the Upper Colorado River Basin Fund 

22 and $5,899,000 shall be available for transfer to the Lower 

23 Colorado River Basin Development Fund; of which such 

24 amounts as may be necessary may be advanced to the Colo25 rado River Dam Fund: Provided, That such transfers may 


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1 be increased or decreased within the overall appropriation 

2 under this heading: Provided further, That, of the total ap3 propriated, the amount for program activities that can be 

4 financed by the Reclamation Fund or the Bureau of Rec5 lamation special fee account established by 16 U.S.C. 6806 

6 shall be derived from that Fund or account: Provided fur7 ther, That funds contributed under 43 U.S.C. 395 are avail8 able until expended for the purposes for which the funds 

9 were contributed: Provided further, That funds advanced 

10 under 43 U.S.C. 397a shall be credited to this account and 

11 are available until expended for the same purposes as the 

12 sums appropriated under this heading: Provided further, 

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

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

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

16 1706. 

17 CENTRAL VALLEY PROJECT RESTORATION FUND

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

19 restoration, improvement, and acquisition provisions of the 

20 Central Valley Project Improvement Act, $49,528,000, to be 

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

22 Valley Project Restoration Fund pursuant to sections 

23 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

24 to remain available until expended: Provided, That the Bu25 reau of Reclamation is directed to assess and collect the full 


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1 amount of the additional mitigation and restoration pay2 ments authorized by section 3407(d) of Public Law 102– 

3 575: Provided further, That none of the funds made avail4 able under this heading may be used for the acquisition or 

5 leasing of water for in-stream purposes if the water is al6 ready committed to in-stream purposes by a court adopted 

7 decree or order. 

8 CALIFORNIA BAY-DELTA RESTORATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 For carrying out activities authorized by the Water 

11 Supply, Reliability, and Environmental Improvement Act, 

12 consistent with plans to be approved by the Secretary of 

13 the Interior, $37,000,000, to remain available until ex14 pended, of which such amounts as may be necessary to 

15 carry out such activities may be transferred to appropriate 

16 accounts of other participating Federal agencies to carry 

17 out authorized purposes: Provided, That funds appro18 priated herein may be used for the Federal share of the costs 

19 of CALFED Program management: Provided further, That 

20 CALFED implementation shall be carried out in a bal21 anced manner with clear performance measures dem22 onstrating concurrent progress in achieving the goals and 

23 objectives of the Program. 


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1 POLICY AND ADMINISTRATION

2 For expenses necessary for policy, administration, and 

3 related functions in the Office of the Commissioner, the 

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

5 of Reclamation, to remain available until September 30, 

6 2017, $58,500,000, to be derived from the Reclamation 

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

8 377: Provided, 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 restricted 

25 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 Committees 

4 on Appropriations of both Houses of Congress; 

5 (5) transfers funds in excess of the following lim6 its— 

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 the 

14 Facilities Operation, Maintenance, and Rehabilita15 tion category or the Resources Management and De16 velopment category to any program, project, or activ17 ity 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 con21 tractor claims, increased contractor earnings due to 

22 accelerated rates of operations, and real estate defi23 ciency 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 other15 wise made available by this Act may be used to determine 

16 the final point of discharge for the interceptor drain for 

17 the San Luis Unit until development by the Secretary of 

18 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 Envi21 ronmental Protection Agency, to minimize any detrimental 

22 effect of the San Luis drainage waters. 

23 (b) The costs of the Kesterson Reservoir Cleanup Pro24 gram and the costs of the San Joaquin Valley Drainage 

25 Program shall be classified by the Secretary of the Interior 


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1 as reimbursable or nonreimbursable and collected until fully 

2 repaid pursuant to the ‘‘Cleanup Program—Alternative 

3 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay4 ment Plan’’ described in the report entitled ‘‘Repayment 

5 Report, Kesterson Reservoir Cleanup Program and San 

6 Joaquin Valley Drainage Program, February 1995’’, pre7 pared by the Department of the Interior, Bureau of Rec8 lamation. Any future obligations of funds by the United 

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

10 drainage studies for the San Luis Unit shall be fully reim11 bursable by San Luis Unit beneficiaries of such service or 

12 studies pursuant to Federal reclamation law. 

13 SEC. 203. Section 9504(e) of the Secure Water Act of 

14 2009 (42 U.S.C. 10364(e)) is amended by striking 

15 ‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’. 

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

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

18 by section 210 of Public Law 111–85, is amended by strik19 ing ‘‘2016’’ each place it appears and inserting ‘‘2020’’. 

20 SEC. 205. The Reclamation Safety of Dams Act of 

21 1978 is amended by— 

22 (1) striking ‘‘Construction’’ and inserting ‘‘Ex23 cept as provided in section 5B, construction’’ in sec24 tion 3; and 


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1 (2) inserting after section 5A (43 U.S.C. 509a) 

2 the following: 

3 ‘‘SEC. 5B. Notwithstanding section 3, if the Secretary, 

4 in her judgment, determines that additional project benefits, 

5 including but not limited to additional conservation storage 

6 capacity, are necessary and in the interests of the United 

7 States and the project and are feasible and not inconsistent 

8 with the purposes of this Act, the Secretary is authorized 

9 to develop additional project benefits through the construc10 tion of new or supplementary works on a project in con11 junction with the Secretary’s activities under section 2 of 

12 this Act and subject to the conditions described in the feasi13 bility study, provided the costs associated with developing 

14 the additional project benefits are allocated to the author15 ized purposes of the project that have a benefit, a cost share 

16 agreement related to the additional project benefits is 

17 reached among State and Federal funding agencies and re18 paid consistent with all provisions of Federal Reclamation 

19 law (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and 

20 acts supplemental to and amendatory of that Act.’’. 

21 SEC. 206. Section 5 of the Reclamation Safety of Dams 

22 Act of 1978 (43 U.S.C. 509) is amended in the first sen23 tence— 


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1 (a) by inserting ‘‘and effective October 1, 2015, not to 

2 exceed an additional $1,100,000,000 (October 1, 2003, price 

3 levels),’’ after ‘‘(October 1, 2003, price levels),’’; 

4 (b) in the proviso— 

5 (1) by striking ‘‘$1,250,000’’ and inserting 

6 ‘‘$20,000,000’’; and 

7 (2) by striking ‘‘Congress’’ and inserting ‘‘Com8 mittee on Natural Resources of the House of Rep9 resentatives and the Committee on Energy and Nat10 ural Resources of the Senate’’; and 

11 (3) by adding at the end the following: ‘‘For 

12 modification expenditures between $1,800,000 and 

13 $20,000,000 (October 1, 2013, price levels), the Sec14 retary of the Interior shall, at least 30 days before the 

15 date on which the funds are expended, submit written 

16 notice of the expenditures to the Committee on Nat17 ural Resources of the House of Representatives and 

18 Committee on Energy and Natural Resources of the 

19 Senate that provides a summary of the project, the 

20 cost of the project, and any alternatives that were 

21 considered.’’. 

22 SEC. 207. The Secretary of the Interior, acting through 

23 the Commissioner of Reclamation, shall— 

24 (a) complete the feasibility studies described in clauses 

25 (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 


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1 108–361 (118 Stat. 1684) and submit such studies to the 

2 appropriate committees of the House of Representatives and 

3 the Senate not later than December 31, 2015; 

4 (b) complete the feasibility study described in clause 

5 (i)(II) of section 103(d)(1)(A) of Public Law 108–361 and 

6 submit such study to the appropriate committees of the 

7 House of Representatives and the Senate not later than No8 vember 30, 2016; 

9 (c) complete a publicly available draft feasibility study 

10 for the project described in clause (ii)(I) of section 

11 103(d)(1)(A) of Public Law 108–361 and submit such study 

12 to the appropriate committees of the House of Representa13 tives and the Senate not later than November 30, 2016; 

14 (d) complete the feasibility study described in clause 

15 (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and 

16 submit such study to the appropriate committees of the 

17 House of Representatives and the Senate not later than No18 vember 30, 2017; 

19 (e) complete the feasibility study described in section 

20 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and 

21 submit such study to the appropriate committees of the 

22 House of Representatives and the Senate not later than De23 cember 31, 2017; and 

24 (f) provide a progress report on the status of the feasi25 bility studies referred to in paragraphs (1) through (3) to 


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1 the appropriate committees of the House of Representatives 

2 and the Senate not later than 90 days after the date of the 

3 enactment of this Act and each 180 days thereafter until 

4 December 31, 2017, as applicable. The report shall include 

5 timelines for study completion, draft environmental impact 

6 statements, final environmental impact statements, and 

7 Records of Decision. 

8 SEC. 208. Notwithstanding any other provision of this 

9 Act, funds provided by this Act for California Bay-Delta 

10 Restoration may be used to deliver water to the Trinity 

11 River above the minimum requirements of the Trinity 

12 Record of Decision or to supplement flows in the Klamath 

13 River. 

14 SEC. 209. Notwithstanding any other provision of this 

15 Act, funds made available by this Act for Central Valley 

16 Project Restoration Fund may be used for all authorized 

17 activities necessary to supplement or enhance the instream 

18 flow requirements in the State of California that are man19 dated under the Endangered Species Act of 1973 and the 

20 Central Valley Project Improvement Act. 


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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

6 For Department of Energy expenses including the pur7 chase, construction, and acquisition of plant and capital 

8 equipment, and other expenses necessary for energy effi9 ciency and renewable energy activities in carrying out the 

10 purposes of the Department of Energy Organization Act (42 

11 U.S.C. 7101 et seq.), including the acquisition or con12 demnation of any real property or any facility or for plant 

13 or facility acquisition, construction, or expansion, 

14 $1,950,000,000, to remain available until expended: Pro15 vided, That, of such amount, $160,000,000 shall be avail16 able until September 30, 2017, for program direction: Pro17 vided further, That, of the amount provided under this 

18 heading, the Secretary may transfer up to $45,000,000 to 

19 the Defense Production Act Fund for activities of the De20 partment of Energy pursuant to the Defense Production Act 

21 of 1950 (50 U.S.C. App. 2061, et seq.). 

22 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

23 For Department of Energy expenses including the pur24 chase, construction, and acquisition of plant and capital 

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1 livery and energy reliability activities in carrying out the 

2 purposes of the Department of Energy Organization Act (42 

3 U.S.C. 7101 et seq.), including the acquisition or con4 demnation of any real property or any facility or for plant 

5 or facility acquisition, construction, or expansion, 

6 $152,306,000, to remain available until expended: Pro7 vided, That, of such amount, $27,000,000 shall be available 

8 until September 30, 2017, for program direction. 

9 NUCLEAR ENERGY

10 For Department of Energy expenses including the pur11 chase, construction, and acquisition of plant and capital 

12 equipment, and other expenses necessary for nuclear energy 

13 activities in carrying out the purposes of the Department 

14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or any facility or for plant or facility acquisition, con17 struction, or expansion, $950,161,000, to remain available 

18 until expended: Provided, That, of such amount, 

19 $80,000,000 shall be available until September 30, 2017, 

20 for program direction including official reception and rep21 resentation expenses not to exceed $10,000: Provided, That, 

22 of such amount, $24,000,000 shall be derived from the Nu23 clear Waste Fund. 


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1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For Department of Energy expenses necessary in car3 rying out fossil energy research and development activities, 

4 under the authority of the Department of Energy Organiza5 tion Act (42 U.S.C. 7101 et seq.), including the acquisition 

6 of interest, including defeasible and equitable interests in 

7 any real property or any facility or for plant or facility 

8 acquisition or expansion, and for conducting inquiries, 

9 technological investigations and research concerning the ex10 traction, processing, use, and disposal of mineral substances 

11 without objectionable social and environmental costs (30 

12 U.S.C. 3, 1602, and 1603), $610,000,000, to remain avail13 able until expended: Provided, That, of such amount, 

14 $115,000,000 shall be available until September 30, 2017, 

15 for program direction. 

16 NAVAL PETROLEUM AND OIL SHALE RESERVES

17 For Department of Energy expenses necessary to carry 

18 out naval petroleum and oil shale reserve activities, 

19 $17,500,000, to remain available until expended: Provided, 

20 That, notwithstanding any other provision of law, unobli21 gated funds remaining from prior years shall be available 

22 for all naval petroleum and oil shale reserve activities. 

23 STRATEGIC PETROLEUM RESERVE

24 For Department of Energy expenses necessary for 

25 Strategic Petroleum Reserve facility development and operVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H2028.RS H2028

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1 ations and program management activities pursuant to the 

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

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

4 NORTHEAST HOME HEATING OIL RESERVE

5 For Department of Energy expenses necessary for 

6 Northeast Home Heating Oil Reserve storage, operation, 

7 and management activities pursuant to the Energy Policy 

8 and Conservation Act (42 U.S.C. 6201 et seq.), $7,600,000, 

9 to remain available until expended. 

10 ENERGY INFORMATION ADMINISTRATION

11 For Department of Energy expenses necessary in car12 rying out the activities of the Energy Information Adminis13 tration, $122,000,000, to remain available until expended. 

14 NON-DEFENSE ENVIRONMENTAL CLEANUP

15 For Department of Energy expenses, including the 

16 purchase, construction, and acquisition of plant and cap17 ital equipment and other expenses necessary for non-defense 

18 environmental cleanup activities in carrying out the pur19 poses of the Department of Energy Organization Act (42 

20 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 $244,000,000, to remain available until expended. 


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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For Department of Energy expenses necessary in car4 rying out uranium enrichment facility decontamination 

5 and decommissioning, remedial actions, and other activities 

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

7 subtitle A, of the Energy Policy Act of 1992, $614,000,000, 

8 to be derived from the Uranium Enrichment Decontamina9 tion and Decommissioning Fund, to remain available until 

10 expended, of which $32,959,000 shall be available in accord11 ance with title X, subtitle A, of the Energy Policy Act of 

12 1992. 

13 SCIENCE

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

16 equipment, and other expenses necessary for science activi17 ties in carrying out the purposes of the Department of En18 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

19 the acquisition or condemnation of any real property or 

20 facility or for plant or facility acquisition, construction, or 

21 expansion, and purchase of not more than 17 passenger 

22 motor vehicles for replacement only, including one ambu23 lance and one bus, $5,143,877,000, to remain available 

24 until expended: Provided, That, of such amount, 


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1 $185,000,000 shall be available until September 30, 2017, 

2 for program direction. 

3 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

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

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

7 $291,000,000, to remain available until expended: Pro8 vided, That, of such amount, $28,000,000 shall be available 

9 until September 30, 2017, for program direction. 

10 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

11 PROGRAM

12 Such sums as are derived from amounts received from 

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

14 Act of 2005 under this heading in prior Acts, shall be col15 lected in accordance with section 502(7) of the Congres16 sional Budget Act of 1974: Provided, That, for necessary 

17 administrative expenses to carry out this Loan Guarantee 

18 program, $42,000,000 is appropriated, to remain available 

19 until September 30, 2017: Provided further, That 

20 $25,000,000 of the fees collected pursuant to section 1702(h) 

21 of the Energy Policy Act of 2005 shall be credited as offset22 ting collections to this account to cover administrative ex23 penses and shall remain available until expended, so as to 

24 result in a final fiscal year 2016 appropriation from the 

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1 vided further, That fees collected under section 1702(h) in 

2 excess of the amount appropriated for administrative ex3 penses shall not be available until appropriated: Provided 

4 further, That the Department of Energy shall not subordi5 nate any loan obligation to other financing in violation of 

6 section 1702 of the Energy Policy Act of 2005 or subordi7 nate any Guaranteed Obligation to any loan or other debt 

8 obligations in violation of section 609.10 of title 10, Code 

9 of Federal Regulations. 

10 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

11 LOAN PROGRAM

12 For Department of Energy administrative expenses 

13 necessary in carrying out the Advanced Technology Vehicles 

14 Manufacturing Loan Program, $6,000,000, to remain 

15 available until September 30, 2017. 

16 DEPARTMENTAL ADMINISTRATION

17 For salaries and expenses of the Department of Energy 

18 necessary for departmental administration in carrying out 

19 the purposes of the Department of Energy Organization Act 

20 (42 U.S.C. 7101 et seq.), $248,142,000, to remain available 

21 until September 30, 2017, including the hire of passenger 

22 motor vehicles and official reception and representation ex23 penses not to exceed $30,000, plus such additional amounts 

24 as necessary to cover increases in the estimated amount of 

25 cost of work for others notwithstanding the provisions of 


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

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

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

4 That moneys received by the Department for miscellaneous 

5 revenues estimated to total $117,171,000 in fiscal year 2016 

6 may be retained and used for operating expenses within this 

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

8 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro9 vided further, That the sum herein appropriated shall be 

10 reduced as collections are received during the fiscal year 

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

12 from the general fund estimated at not more than 

13 $130,971,000: Provided further, That, of the total amount 

14 made available under this heading, $31,297,000 is for En15 ergy Policy and Systems Analysis. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses necessary for the Office of the Inspector 

18 General in carrying out the provisions of the Inspector Gen19 eral Act of 1978, $46,424,000, to remain available until 

20 September 30, 2017. 

21 ATOMIC ENERGY DEFENSE ACTIVITIES 

22 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

23 WEAPONS ACTIVITIES

24 For Department of Energy expenses, including the 

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1 ital equipment and other incidental expenses necessary for 

2 atomic energy defense weapons activities in carrying out 

3 the purposes of the Department of Energy Organization Act 

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

6 or facility acquisition, construction, or expansion, 

7 $8,882,364,000, to remain available until expended: Pro8 vided, That of such amount, $97,118,000 shall be available 

9 until September 30, 2017, for program direction. 

10 DEFENSE NUCLEAR NONPROLIFERATION

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other incidental expenses necessary for 

14 defense nuclear nonproliferation activities, in carrying out 

15 the purposes of the Department of Energy Organization Act 

16 (42 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant 

18 or facility acquisition, construction, or expansion, 

19 $1,705,912,000, to remain available until expended. 

20 NAVAL REACTORS

21 For Department of Energy expenses necessary for 

22 naval reactors activities to carry out the Department of En23 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

24 the acquisition (by purchase, condemnation, construction, 

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1 ment, facilities, and facility expansion, $1,300,000,000, to 

2 remain available until expended: Provided, That of such 

3 amount, $42,504,000 shall be available until September 30, 

4 2017, for program direction. 

5 FEDERAL SALARIES AND EXPENSES

6 For expenses necessary for Federal Salaries and Ex7 penses in the National Nuclear Security Administration, 

8 $375,000,000, to remain available until September 30, 

9 2017, including official reception and representation ex10 penses not to exceed $12,000. 

11 ENVIRONMENTAL AND OTHER DEFENSE 

12 ACTIVITIES 

13 DEFENSE ENVIRONMENTAL CLEANUP

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other expenses necessary for atomic en17 ergy defense environmental cleanup activities in carrying 

18 out the purposes of the Department of Energy Organization 

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

20 condemnation of any real property or any facility or for 

21 plant or facility acquisition, construction, or expansion, 

22 and the purchase of not to exceed one fire apparatus pump23 er truck and one armored vehicle for replacement only, 

24 $5,180,000,000, to remain available until expended: Pro25 vided, That, of such amount, $281,951,000 shall be availVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H2028.RS H2028

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1 able until September 30, 2017, for program direction: Pro2 vided further, That the Office of Environmental Manage3 ment shall not accept ownership or responsibility for clean4 up of any National Nuclear Security Administration facili5 ties or sites without funding specifically designated for that 

6 purpose in an Appropriations Act at the time of transfer. 

7 DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND

8 DECOMMISSIONING

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for atomic energy defense 

11 environmental cleanup activities for Department of Energy 

12 contributions for uranium enrichment decontamination 

13 and decommissioning activities, $614,000,000, to be depos14 ited into the Defense Environmental Cleanup account 

15 which shall be transferred to the ‘‘Uranium Enrichment De16 contamination and Decommissioning Fund’’. 

17 OTHER DEFENSE ACTIVITIES

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other expenses, necessary for atomic en21 ergy defense, other defense activities, and classified activi22 ties, in carrying out the purposes of the Department of En23 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

24 the acquisition or condemnation of any real property or 

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1 tion, or expansion, $764,000,000, to remain available until 

2 expended: Provided, That, of such amount, $249,137,000 

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

4 direction. 

5 POWER MARKETING ADMINISTRATIONS 

6 BONNEVILLE POWER ADMINISTRATION FUND

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

9 approved for the Shoshone Paiute Trout Hatchery, the Spo10 kane Tribal Hatchery, the Snake River Sockeye Weirs and, 

11 in addition, for official reception and representation ex12 penses in an amount not to exceed $5,000: Provided, That, 

13 during fiscal year 2016, no new direct loan obligations may 

14 be made. 

15 OPERATIONS AND MAINTENANCE, SOUTHEASTERN POWER

16 ADMINISTRATION

17 For expenses necessary for operations and mainte18 nance of power transmission facilities and for marketing 

19 electric power and energy, including transmission wheeling 

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

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

22 southeastern power area, $6,900,000, including official re23 ception and representation expenses in an amount not to 

24 exceed $1,500, to remain available until expended: Pro25 vided, That, notwithstanding 31 U.S.C. 3302 and section 


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1 5 of the Flood Control Act of 1944, up to $6,900,000 col2 lected by the Southeastern Power Administration from the 

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

4 account as discretionary offsetting collections, to remain 

5 available until expended for the sole purpose of funding the 

6 annual expenses of the Southeastern Power Administration: 

7 Provided further, That the sum herein appropriated for an8 nual expenses shall be reduced as collections are received 

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

10 2016 appropriation estimated at not more than $0: Pro11 vided further, That, notwithstanding 31 U.S.C. 3302, up 

12 to $66,500,000 collected by the Southeastern Power Admin13 istration pursuant to the Flood Control Act of 1944 to re14 cover purchase power and wheeling expenses shall be cred15 ited to this account as offsetting collections, to remain avail16 able until expended for the sole purpose of making purchase 

17 power and wheeling expenditures: Provided further, That, 

18 for purposes of this appropriation, annual expenses means 

19 expenditures that are generally recovered in the same year 

20 that they are incurred (excluding purchase power and 

21 wheeling expenses). 

22 OPERATIONS AND MAINTENANCE, SOUTHWESTERN POWER

23 ADMINISTRATION

24 For expenses necessary for operations and mainte25 nance of power transmission facilities and for marketing 


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1 electric power and energy, for construction and acquisition 

2 of transmission lines, substations and appurtenant facili3 ties, and for administrative expenses, including official re4 ception and representation expenses in an amount not to 

5 exceed $1,500 in carrying out section 5 of the Flood Control 

6 Act of 1944 (16 U.S.C. 825s), as applied to the South7 western Power Administration, $47,361,000, to remain 

8 available until expended: Provided, That, notwithstanding 

9 31 U.S.C. 3302 and section 5 of the Flood Control Act of 

10 1944 (16 U.S.C. 825s), up to $35,961,000 collected by the 

11 Southwestern Power Administration from the sale of power 

12 and related services shall be credited to this account as dis13 cretionary offsetting collections, to remain available until 

14 expended, for the sole purpose of funding the annual ex15 penses of the Southwestern Power Administration: Provided 

16 further, That the sum herein appropriated for annual ex17 penses shall be reduced as collections are received during 

18 the fiscal year so as to result in a final fiscal year 2016 

19 appropriation estimated at not more than $11,400,000: 

20 Provided further, That, notwithstanding 31 U.S.C. 3302, 

21 up to $63,000,000 collected by the Southwestern Power Ad22 ministration pursuant to the Flood Control Act of 1944 to 

23 recover purchase power and wheeling expenses shall be cred24 ited to this account as offsetting collections, to remain avail25 able until expended for the sole purpose of making purchase 


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1 power and wheeling expenditures: Provided further, That, 

2 for purposes of this appropriation, annual expenses means 

3 expenditures that are generally recovered in the same year 

4 that they are incurred (excluding purchase power and 

5 wheeling expenses). 

6 CONSTRUCTION, REHABILITATION, OPERATIONS AND

7 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

8 For carrying out the functions authorized by title III, 

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

10 7152), and other related activities including conservation 

11 and renewable resources programs as authorized, 

12 $307,714,000, including official reception and representa13 tion expenses in an amount not to exceed $1,500, to remain 

14 available until expended, of which $302,000,000 shall be de15 rived from the Department of the Interior Reclamation 

16 Fund: Provided, That, notwithstanding 31 U.S.C. 3302, 

17 section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

18 and section 1 of the Interior Department Appropriation 

19 Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected 

20 by the Western Area Power Administration from the sale 

21 of power and related services shall be credited to this ac22 count as discretionary offsetting collections, to remain 

23 available until expended, for the sole purpose of funding 

24 the annual expenses of the Western Area Power Administra25 tion: Provided further, That the sum herein appropriated 


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1 for annual expenses shall be reduced as collections are re2 ceived during the fiscal year so as to result in a final fiscal 

3 year 2016 appropriation estimated at not more than 

4 $93,372,000, of which $87,658,000 is derived from the Rec5 lamation Fund: Provided further, That, notwithstanding 31 

6 U.S.C. 3302, up to $352,813,000 collected by the Western 

7 Area Power Administration pursuant to the Flood Control 

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

9 recover 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 FALCON AND AMISTAD OPERATING AND MAINTENANCE

18 FUND

19 For operations, maintenance, and emergency costs for 

20 the hydroelectric facilities at the Falcon and Amistad 

21 Dams, $4,490,000, to remain available until expended, and 

22 to be derived from the Falcon and Amistad Operating and 

23 Maintenance Fund of the Western Area Power Administra24 tion, as provided in section 2 of the Act of June 18, 1954 

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1 sions of that Act and of 31 U.S.C. 3302, up to $4,262,000 

2 collected by the Western Area Power Administration from 

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

4 Amistad Dams shall be credited to this account as discre5 tionary offsetting collections, to remain available until ex6 pended for the sole purpose of funding the annual expenses 

7 of the hydroelectric facilities of these Dams and associated 

8 Western Area Power Administration activities: Provided 

9 further, That the sum herein appropriated for annual ex10 penses shall be reduced as collections are received during 

11 the fiscal year so as to result in a final fiscal year 2016 

12 appropriation estimated at not more than $228,000: Pro13 vided further, That, for purposes of this appropriation, an14 nual expenses means expenditures that are generally recov15 ered in the same year that they are incurred: Provided fur16 ther, That, for fiscal year 2016, the Administrator of the 

17 Western Area Power Administration may accept up to 

18 $460,000 in funds contributed by United States power cus19 tomers of the Falcon and Amistad Dams for deposit into 

20 the Falcon and Amistad Operating and Maintenance Fund, 

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

22 contributed in like manner as if said sums had been specifi23 cally appropriated for such purpose: Provided further, That 

24 any such funds shall be available without further appro25 priation and without fiscal year limitation for use by the 


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1 Commissioner of the United States Section of the Inter2 national Boundary and Water Commission for the sole pur3 pose of operating, maintaining, repairing, rehabilitating, 

4 replacing, or upgrading the hydroelectric facilities at these 

5 Dams in accordance with agreements reached between the 

6 Administrator, Commissioner, 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 exceed 

14 $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 annual 

18 charges, and other services and collections in fiscal year 

19 2016 shall be retained and used for expenses necessary in 

20 this account, and shall remain available until expended: 

21 Provided further, That the sum herein appropriated from 

22 the general fund shall be reduced as revenues are received 

23 during fiscal year 2016 so as to result in a final fiscal year 

24 2016 appropriation from the general fund estimated at not 

25 more than $0. 


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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 Oppor10 tunity Announcements) for a program, project, or activity 

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

12 Congress. 

13 (b)(1) Unless the Secretary of Energy notifies the Com14 mittees on Appropriations of both Houses of Congress at 

15 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 or 

21 more, including a contract covered by the Federal Ac22 quisition Regulation; 

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

24 award, or Agreement in excess of the limits in sub25 paragraph (A) or (B); or 


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1 (D) announce publicly the intention to make an 

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

3 in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress with6 in 15 days of the conclusion of each quarter a report detail7 ing each grant allocation or discretionary grant award to8 taling less than $1,000,000 provided during the previous 

9 quarter. 

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

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

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

13 which the funds for the award were appropriated, the ac14 count and program, project, or activity from which the 

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

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

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

18 to any program, project, or activity that uses budget au19 thority made available in this title under the heading ‘‘De20 partment of Energy—Energy Programs’’, enter into a 

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

22 a multiyear cooperative agreement unless— 

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

24 is funded for the full period of performance as antici25 pated at the time of award; or 


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

2 includes a clause conditioning the Federal Govern3 ment’s obligation on the availability of future year 

4 budget authority and the Secretary notifies the Com5 mittees on Appropriations of both Houses of Congress 

6 at least 3 days in advance. 

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

8 the amounts made available by this title shall be expended 

9 as authorized by law for the programs, projects, and activi10 ties specified in the ‘‘Bill’’ column in the ‘‘Department of 

11 Energy’’ table included under the heading ‘‘Title III—De12 partment of Energy’’ in the report of the Committee on Ap13 propriations accompanying this Act. 

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

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

16 the Department shall notify the Committees on Appropria17 tions of both Houses of Congress at least 30 days prior to 

18 the use of any proposed reprogramming that would cause 

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

20 or decrease by more than $5,000,000 or 10 percent, which21 ever is less, during the time period covered by this Act. 

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

23 available for obligation or expenditure through a re24 programming of funds that— 


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

2 project, or activity; 

3 (2) increases funds or personnel for any pro4 gram, project, or activity for which funds are denied 

5 or restricted by this Act; or 

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

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

8 (g)(1) The Secretary of Energy may waive any re9 quirement or restriction in this section that applies to the 

10 use of funds made available for the Department of Energy 

11 if compliance with such requirement or restriction would 

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

13 welfare, or national security. 

14 (2) The Secretary of Energy shall notify the Commit15 tees on Appropriations of both Houses of Congress of any 

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

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

18 a requirement or restriction would otherwise have applied. 

19 Such notice shall include an explanation of the substantial 

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

21 SEC. 302. The unexpended balances of prior appro22 priations provided for activities in this Act may be avail23 able to the same appropriation accounts for such activities 

24 established pursuant to this title. Available balances may 

25 be merged with funds in the applicable established accounts 


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1 and thereafter may be accounted for as one fund for the 

2 same time period as originally enacted. 

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

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

5 for intelligence activities are deemed to be specifically au6 thorized by the Congress for purposes of section 504 of the 

7 National Security Act of 1947 (50 U.S.C. 414) during fiscal 

8 year 2016 until the enactment of the Intelligence Authoriza9 tion Act for fiscal year 2016. 

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

11 title shall be used for the construction of facilities classified 

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

13 unless independent oversight is conducted by the Office of 

14 Independent Enterprise Assessments to ensure the project 

15 is in compliance with nuclear safety requirements. 

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

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

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

19 any successive departmental guidance, for construction 

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

21 until a separate independent cost estimate has been devel22 oped for the project for that critical decision. 

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

24 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af25 fected Indian tribe’’ has the meaning given the term 


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

2 (42 U.S.C. 10101). 

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

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

5 given the term in section 2 of the Nuclear Waste Pol6 icy Act of 1982 (42 U.S.C. 10101). 

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

8 Waste Fund’’ means the Nuclear Waste Fund estab9 lished under section 302(c) of the Nuclear Waste Pol10 icy Act of 1982 (42 U.S.C. 10222(c)). 

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

12 the Secretary of Energy. 

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

14 nuclear fuel’’ has the meaning given the term in sec15 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

16 U.S.C. 10101). 

17 (b) PILOT PROGRAM.—Notwithstanding any provision 

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

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

20 year and subsequent fiscal years, to conduct a pilot pro21 gram, through 1 or more private sector partners, to license, 

22 construct, and operate 1 or more government or privately 

23 owned consolidated storage facilities to provide interim 

24 storage as needed for spent nuclear fuel and high-level ra25 dioactive waste, with priority for storage given to spent nuVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H2028.RS H2028

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1 clear fuel located on sites without an operating nuclear re2 actor. 

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

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

5 shall issue a request for proposals for cooperative agree6 ments— 

7 (1) to obtain any license necessary from the Nu8 clear Regulatory Commission for the construction of 

9 1 or more consolidated storage facilities; 

10 (2) to demonstrate the safe transportation of 

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

12 applicable; and 

13 (3) to demonstrate the safe storage of spent nu14 clear fuel and high-level radioactive waste, as appli15 cable, at the 1 or more consolidated storage facilities 

16 pending the construction and operation of deep geo17 logic disposal capacity for the permanent disposal of 

18 the spent nuclear fuel. 

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

20 consolidated storage facility pursuant to this section, the 

21 Secretary shall enter into an agreement to host the facility 

22 with— 

23 (1) the Governor of the State; 


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1 (2) each unit of local government within the ju2 risdiction of which the facility is proposed to be lo3 cated; and 

4 (3) each affected Indian tribe. 

5 (e) APPLICABILITY.—In executing this section, the Sec6 retary shall comply with— 

7 (1) all licensing requirements and regulations of 

8 the Nuclear Regulatory Commission; and 

9 (2) all other applicable laws (including regula10 tions). 

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

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

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

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

15 (1) an estimate of the cost of licensing, con16 structing, and operating a consolidated storage facil17 ity, including the transportation costs, on an annual 

18 basis, over the expected lifetime of the facility; 

19 (2) a schedule for— 

20 (A) obtaining any license necessary to con21 struct and operate a consolidated storage facility 

22 from the Nuclear Regulatory Commission; 

23 (B) constructing the facility; 

24 (C) transporting spent fuel to the facility; 

25 and 


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1 (D) removing the spent fuel and decommis2 sioning the facility; and 

3 (3) an estimate of the cost of any financial as4 sistance, compensation, or incentives proposed to be 

5 paid to the host State, Indian tribe, or local govern6 ment; 

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

8 damages expected to be paid by the United States for 

9 the delay of the Department of Energy in accepting 

10 spent fuel expected to result from the pilot program; 

11 (5) recommendations for any additional legisla12 tion needed to authorize and implement the pilot pro13 gram; and 

14 (6) recommendations for a mechanism to ensure 

15 that any spent nuclear fuel or high-level radioactive 

16 waste stored at a consolidated storage facility pursu17 ant to this section shall move to deep geologic disposal 

18 capacity, following a consent-based approval process 

19 for that deep geologic disposal capacity consistent 

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

21 issuance of a license to construct and operate the con22 solidated storage facility. 

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

24 for the construction of a consolidated storage facility under 

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


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

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

3 is located to solicit public comments and recommendations. 

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

5 may make expenditures from the Nuclear Waste Fund to 

6 carry out this section, subject to appropriations. 

7 SEC. 307. (a) NOTIFICATION OF STRATEGIC PETRO8 LEUM RESERVE DRAWDOWN.—None of the funds made 

9 available by this Act or any prior or subsequent Act, or 

10 funds made available in the SPR Petroleum Account, may 

11 be used in this fiscal year or each subsequent fiscal year, 

12 to conduct a drawdown (including a test drawdown) and 

13 sale or exchange of petroleum products from the Strategic 

14 Petroleum Reserve unless the Secretary of Energy provides 

15 notice, in accordance with subsection (b), of such exchange, 

16 or drawdown (including a test drawdown) to the Commit17 tees on Appropriations of both Houses of Congress. 

18 (b)(1) CONTENT OF NOTIFICATION.—The notification 

19 required under subsection (a) shall include at a min20 imum— 

21 (A) the justification for the drawdown or ex22 change, including— 

23 (i) a specific description of any obligation 

24 under international energy agreements; and 


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1 (ii) in the case of a test drawdown, the spe2 cific aspects of the Strategic Petroleum Reserve 

3 to be tested; 

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

5 authorizing the drawdown or exchange; 

6 (C) the number of barrels of petroleum products 

7 proposed to be withdrawn or exchanged; 

8 (D) the location of the Strategic Petroleum Re9 serve site or sites from which the petroleum products 

10 are proposed to be withdrawn; 

11 (E) a good faith estimate of the expected proceeds 

12 from the sale of the petroleum products; 

13 (F) an estimate of the total inventories of petro14 leum products in the Strategic Petroleum Reserve 

15 after the anticipated drawdown; 

16 (G) a detailed plan for disposition of the pro17 ceeds after deposit into the SPR Petroleum Account; 

18 and 

19 (H) a plan for refilling the Strategic Petroleum 

20 Reserve, including whether the acquisition will be of 

21 the same or a different petroleum product. 

22 (2) TIMING OF NOTIFICATION.—The Secretary 

23 shall provide the notification required under sub24 section (a)— 


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1 (A) in the case of an exchange or a draw2 down, as soon as practicable after the exchange 

3 or drawdown has occurred; and 

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

5 later than 30 days prior to the test drawdown. 

6 (c) POST-SALE NOTIFICATION.—In addition to report7 ing requirements under other provisions of law, the Sec8 retary shall, upon the execution of all contract awards in 

9 this fiscal year and each subsequent fiscal year associated 

10 with a competitive sale of petroleum products, notify the 

11 Committees on Appropriations of both Houses of Congress 

12 of the actual value of the proceeds from the sale. 

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

14 may not establish any new regional petroleum product re15 serve unless funding for the proposed regional petroleum 

16 product reserve is explicitly requested in advance in an an17 nual budget submission and approved by the Congress in 

18 an appropriations Act. 

19 (2) The budget request or notification shall in20 clude— 

21 (A) the justification for the new reserve; 

22 (B) a cost estimate for the establishment, 

23 operation, and maintenance of the reserve, in24 cluding funding sources; 


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1 (C) a detailed plan for operation of the re2 serve, including the conditions upon which the 

3 products may be released; 

4 (D) the location of the reserve; and 

5 (E) the estimate of the total inventory of the 

6 reserve. 

7 SEC. 308. (a) Unobligated balances available from ap8 propriations for fiscal years 2005 through 2010 are hereby 

9 permanently rescinded from the following accounts of the 

10 Department of Energy in the specified amounts: 

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

12 Renewable Energy’’, $16,677,000. 

13 (2) ‘‘Energy Programs—Electricity Delivery and 

14 Energy Reliability’’, $900,000. 

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

16 $1,665,000. 

17 (4) ‘‘Energy Programs—Fossil Energy Research 

18 and Development’’, $12,064,000. 

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

20 (6) ‘‘Power Marketing Administrations—Con21 struction, Rehabilitation, Operation and Mainte22 nance, Western Area Power Administration’’, 

23 $4,832,000. 

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

25 amounts that were designated by Congress as an emergency 


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1 requirement pursuant to a concurrent resolution on the 

2 budget or the Balanced Budget and Emergency Deficit Con3 trol Act of 1985. 

4 SEC. 309. (a) Unobligated balances available from ap5 propriations are hereby permanently rescinded from the fol6 lowing accounts of the Department of Energy in the speci7 fied amounts: 

8 (1) ‘‘Atomic Energy Defense Activities—Na9 tional Nuclear Security Administration—Weapons 

10 Activities’’, $65,135,000. 

11 (2) ‘‘Atomic Energy Defense Activities—Na12 tional Nuclear Security Administration—Defense Nu13 clear Nonproliferation’’, $19,324,000. 

14 (3) ‘‘Atomic Energy Defense Activities—Na15 tional Nuclear Security Administration—Naval Re16 actors’’, $628,000. 

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

18 amounts that were designated by Congress as an emergency 

19 requirement pursuant to a concurrent resolution on the 

20 budget or the Balanced Budget and Emergency Deficit Con21 trol Act of 1985. 

22 SEC. 310. Of the amounts made available by this Act 

23 for ‘‘National Nuclear Security Administration—Weapons 

24 Activities’’, up to $50,000,000 may be reprogrammed withVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H2028.RS H2028

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1 in such account for Domestic Uranium Enrichment, subject 

2 to the notice requirements in section 301. 

3 TECHNICAL CORRECTION

4 SEC. 311. (a) CONTRACTS FOR STORAGE.—Notwith5 standing any other provision of law and subject to the 

6 availability of appropriations, the Secretary is authorized, 

7 in this year and each subsequent fiscal year, to enter into 

8 contracts to store spent nuclear fuel and high-level radio9 active waste, as applicable, to which the Secretary holds the 

10 title or has a contract to accept title, at any facility licensed 

11 by the Nuclear Regulatory Commission for such storage. 

12 (b) TRANSFER OF TITLE.—Delivery, and acceptance 

13 by the Secretary, of any spent nuclear fuel or high-level ra14 dioactive waste for storage under this section shall con15 stitute a transfer of title to the Secretary of such spent fuel 

16 or waste. 

17 (c) CONTRACT MODIFICATION.—The Secretary is au18 thorized to enter into new contracts or modify existing con19 tracts with any person who generates or holds title to high20 level radioactive waste or spent nuclear fuel, of domestic 

21 origin for the acceptance of title, subsequent transportation, 

22 and storage of such high-level radioactive waste or spent 

23 nuclear fuel at a facility described under subsection (a). 

24 SEC. 312. Notwithstanding any other provision of law, 

25 the provisions of 40 U.S.C. 11319 shall not apply to funds 


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1 appropriated in this title to Federally Funded Research 

2 and Development Centers sponsored by the Department of 

3 Energy. 

4 TITLE IV 

5 INDEPENDENT AGENCIES 

6 APPALACHIAN REGIONAL COMMISSION

7 For expenses necessary to carry out the programs au8 thorized by the Appalachian Regional Development Act of 

9 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

10 necessary for the Federal Co-Chairman and the Alternate 

11 on the Appalachian Regional Commission, for payment of 

12 the Federal share of the administrative expenses of the Com13 mission, including services as authorized by 5 U.S.C. 3109, 

14 and hire of passenger motor vehicles, $105,000,000, to re15 main available until expended. 

16 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

17 SALARIES AND EXPENSES

18 For expenses necessary for the Defense Nuclear Facili19 ties Safety Board in carrying out activities authorized by 

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

21 100–456, section 1441, $29,150,000, to remain available 

22 until September 30, 2017. 


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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the Delta Regional Author4 ity and to carry out its activities, as authorized by the 

5 Delta Regional Authority Act of 2000, notwithstanding sec6 tions 382C(b)(2), 382F(d), 382M, and 382N of said Act, 

7 $25,000,000, to remain available until expended. 

8 DENALI COMMISSION

9 For expenses necessary for the Denali Commission in10 cluding the purchase, construction, and acquisition of plant 

11 and capital equipment as necessary and other expenses, 

12 $11,000,000, to remain available until expended, notwith13 standing the limitations contained in section 306(g) of the 

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

15 be available for construction projects in an amount not to 

16 exceed 80 percent of total project cost for distressed commu17 nities, as defined by section 307 of the Denali Commission 

18 Act of 1998 (division C, title III, Public Law 105–277), 

19 as amended by section 701 of appendix D, title VII, Public 

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

21 to exceed 50 percent for non-distressed communities. 

22 NORTHERN BORDER REGIONAL COMMISSION

23 For expenses necessary for the Northern Border Re24 gional Commission in carrying out activities authorized by 

25 subtitle V of title 40, United States Code, $7,500,000, to 


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1 remain available until expended: Provided, That such 

2 amounts shall be available for administrative expenses, not3 withstanding section 15751(b) of title 40, United States 

4 Code. 

5 NUCLEAR REGULATORY COMMISSION

6 SALARIES AND EXPENSES

7 For expenses necessary for the Commission in carrying 

8 out the purposes of the Energy Reorganization Act of 1974 

9 and the Atomic Energy Act of 1954, $990,000,000, includ10 ing official representation expenses not to exceed $25,000, 

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

12 amount appropriated herein, not more than $7,500,000 

13 may be made available for salaries, travel, and other sup14 port costs for the Office of the Commission, to remain avail15 able until September 30, 2017, of which, notwithstanding 

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

17 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 

18 shall only be approved by a majority vote of the Commis19 sion: Provided further, That revenues from licensing fees, 

20 inspection services, and other services and collections esti21 mated at $872,864,000 in fiscal year 2016 shall be retained 

22 and used for necessary salaries and expenses in this ac23 count, notwithstanding 31 U.S.C. 3302, and shall remain 

24 available until expended: Provided further, That the sum 

25 herein appropriated shall be reduced by the amount of reveVerDate Sep 11 2014 23:29 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H2028.RS H2028

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1 nues received during fiscal year 2016 so as to result in a 

2 final fiscal year 2016 appropriation estimated at not more 

3 than $117,136,000. 

4 OFFICE OF INSPECTOR GENERAL

5 For expenses necessary for the Office of Inspector Gen6 eral in carrying out the provisions of the Inspector General 

7 Act of 1978, $12,136,000, to remain available until Sep8 tember 30, 2017: Provided, That revenues from licensing 

9 fees, inspection services, and other services and collections 

10 estimated at $10,060,000 in fiscal year 2016 shall be re11 tained and be available until September 30, 2017, for nec12 essary salaries and expenses in this account, notwith13 standing section 3302 of title 31, United States Code: Pro14 vided further, That the sum herein appropriated shall be 

15 reduced by the amount of revenues received during fiscal 

16 year 2016 so as to result in a final fiscal year 2016 appro17 priation estimated at not more than $2,076,000: Provided 

18 further, That, of the amounts appropriated under this head19 ing, $958,000 shall be for Inspector General services for the 

20 Defense Nuclear Facilities Safety Board, which shall not 

21 be available from fee revenues. 

22 NUCLEAR WASTE TECHNICAL REVIEW BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Nuclear Waste Tech25 nical Review Board, as authorized by Public Law 100–203, 


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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, 2017. 

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 

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1 mittees of such waiver and changes to funding levels to pro2 grams, projects, or activities. 

3 (c) None of the funds provided for the Nuclear Regu4 latory Commission shall be available for obligation or ex5 penditure through a reprogramming of funds that increases 

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

7 which funds are denied or restricted by this Act. 

8 (d) The Commission shall provide a monthly report 

9 to the Committees on Appropriations of both Houses of Con10 gress, which includes the following for each program, 

11 project, or activity, including any prior year appropria12 tions— 

13 (1) total budget authority; 

14 (2) total unobligated balances; and 

15 (3) total unliquidated obligations. 

16 SEC. 402. The Nuclear Regulatory Commission shall 

17 comply with the July 5, 2011, version of Chapter VI of its 

18 Internal Commission Procedures when responding to Con19 gressional requests for information. 

20 SEC. 403. Public Law 105–277, division A, section 

21 101(g) (title III, section 329(a), (b)) is amended by insert22 ing, in subsection (b), after ‘‘State law’’ and before the pe23 riod the following: ‘‘or for the construction and repair of 

24 barge mooring points and barge landing sites to facilitate 


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1 pumping fuel from fuel transport barges into bulk fuel stor2 age tanks.’’. 

3 TITLE V 

4 GENERAL PROVISIONS 

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

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

7 congressional action on any legislation or appropriation 

8 matters pending before Congress, other than to commu9 nicate to Members of Congress as described in 18 U.S.C. 

10 1913. 

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

12 III of this Act may be transferred to any department, agen13 cy, or instrumentality of the United States Government, ex14 cept pursuant to a transfer made by or transfer authority 

15 provided in this Act or any other appropriations Act for 

16 any fiscal year, transfer authority referenced in the report 

17 of the Committee on Appropriations accompanying this 

18 Act, or any authority whereby a department, agency, or in19 strumentality of the United States Government may pro20 vide goods or services to another department, agency, or in21 strumentality. 

22 (b) None of the funds made available for any depart23 ment, agency, or instrumentality of the United States Gov24 ernment may be transferred to accounts funded in title III 

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1 fer authority provided in this Act or any other appropria2 tions Act for any fiscal year, transfer authority referenced 

3 in the report of the Committee on Appropriations accom4 panying this Act, or any authority whereby a department, 

5 agency, or instrumentality of the United States Government 

6 may provide goods or services to another department, agen7 cy, or instrumentality. 

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

9 funded in this Act utilizing any transfer authority shall 

10 submit to the Committees on Appropriations of both Houses 

11 of Congress a semiannual report detailing the transfer au12 thorities, except for any authority whereby a department, 

13 agency, or instrumentality of the United States Government 

14 may provide goods or services to another department, agen15 cy, or instrumentality, used in the previous 6 months and 

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

17 transferred and the purposes for which they were trans18 ferred, and shall not replace or modify existing notification 

19 requirements for each authority. 

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

21 Act may be used to implement, administer, carry out, mod22 ify, revise, or enforce Executive Order 13690 (entitled ‘‘Es23 tablishing a Federal Flood Risk Management Standard and 

24 a Process for Further Soliciting and Considering Stake25 holder Input’’). 


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1 This Act may be cited as the ‘‘Energy and Water De2 velopment and Related Agencies Appropriations Act, 

3 2016’’. 


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Calendar No. 96 

114TH CONGRESS 

1ST SESSION H. R. 2028 

[Report No. 114–54] 

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 

MAY 5, 2015 

Received; read twice and referred to the Committee on 

M

Appropriations 

AY 21, 2015 

Reported with an amendment 


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