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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2028 Engrossed in House (EH)]

114th CONGRESS
  1st Session
                                H. R. 2028

_______________________________________________________________________

                                 AN ACT

 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2016, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for energy and water development 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes, namely:

                   TITLE I--CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects, and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $110,000,000 
(increased by $1,000,000), to remain available until expended.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$1,631,000,000 (increased by $3,000,000) (increased by $1,000,000) 
(reduced by $10,000,000) (increased by $10,000,000), to remain 
available until expended; of which such sums as are necessary to cover 
the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund as authorized by Public Law 104-303; and 
of which such sums as are necessary to cover one-half of the costs of 
construction, replacement, rehabilitation, and expansion of inland 
waterways projects shall be derived from the Inland Waterways Trust 
Fund, except as otherwise specifically provided for in law.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $275,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $3,058,000,000 (increased by $36,306,000), 
to remain available until expended, of which such sums as are necessary 
to cover the Federal share of eligible operation and maintenance costs 
for coastal harbors and channels, and for inland harbors shall be 
derived from the Harbor Maintenance Trust Fund; of which such sums as 
become available from the special account for the Corps of Engineers 
established by the Land and Water Conservation Fund Act of 1965 shall 
be derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available from fees collected under 
section 217 of Public Law 104-303 shall be used to cover the cost of 
operation and maintenance of the dredged material disposal facilities 
for which such fees have been collected: Provided, That 1 percent of 
the total amount of funds provided for each of the programs, projects, 
or activities funded under this heading shall not be allocated to a 
field operating activity prior to the beginning of the fourth quarter 
of the fiscal year and shall be available for use by the Chief of 
Engineers to fund such emergency activities as the Chief of Engineers 
determines to be necessary and appropriate, and that the Chief of 
Engineers shall allocate during the fourth quarter any remaining funds 
which have not been used for emergency activities proportionally in 
accordance with the amounts provided for the programs, projects, or 
activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $200,000,000 (reduced by 
$424,000), to remain available until September 30, 2017.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $104,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$34,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $180,000,000 (reduced by $1,000,000), to remain available 
until September 30, 2017, of which not to exceed $5,000 may be used for 
official reception and representation purposes and only during the 
current fiscal year: Provided, That no part of any other appropriation 
provided in this title shall be available to fund the civil works 
activities of the Office of the Chief of Engineers or the civil works 
executive direction and management activities of the division offices: 
Provided further, That any Flood Control and Coastal Emergencies 
appropriation may be used to fund the supervision and general 
administration of emergency operations, repairs, and other activities 
in response to any flood, hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $4,750,000 (increased by 
$30,000,000) (reduced by $30,000,000), to remain available until 
September 30, 2017: Provided, That not more than 25 percent of such 
amount may be obligated or expended until the Assistant Secretary 
submits to the Committees on Appropriations of both Houses of Congress 
a work plan that allocates at least 95 percent of the additional 
funding provided under each heading in this title (as designated under 
such heading in the report of the Committee on Appropriations 
accompanying this Act) to specific programs, projects, or activities.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) The Corps of Engineers shall submit reports on a quarterly 
basis to the Committees on Appropriations of both Houses of Congress 
detailing all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly report shall 
be submitted not later than 60 days after the date of enactment of this 
Act.
    Sec. 102.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 103.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $4,700,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.
    Sec. 104.  None of the funds made available in this or any other 
Act making appropriations for Energy and Water Development for any 
fiscal year may be used by the Corps of Engineers to develop, adopt, 
implement, administer, or enforce any change to the regulations in 
effect on October 1, 2012, pertaining to the definitions of the terms 
``fill material'' or ``discharge of fill material'' for the purposes of 
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    Sec. 105.  None of the funds made available in this or any other 
Act making appropriations for Energy and Water Development for any 
fiscal year may be used by the Corps of Engineers to develop, adopt, 
implement, administer, or enforce any change to the regulations and 
guidance in effect on October 1, 2012, pertaining to the definition of 
waters under the jurisdiction of the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), including the provisions of the rules 
dated November 13, 1986, and August 25, 1993, relating to such 
jurisdiction, and the guidance documents dated January 15, 2003, and 
December 2, 2008, relating to such jurisdiction.
    Sec. 106.  None of the funds made available by this Act may be used 
to require a permit for the discharge of dredged or fill material under 
the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) for 
the activities identified in subparagraphs (A) and (C) of section 
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
    Sec. 107.  As of the date of enactment of this Act and each fiscal 
year thereafter, the Secretary of the Army shall not promulgate or 
enforce any regulation that prohibits an individual from possessing a 
firearm, including an assembled or functional firearm, at a water 
resources development project covered under section 327.0 of title 36, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.
    Sec. 108.  No funds in this Act shall be used for an open lake 
placement alternative of dredged material, after evaluating the least 
costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or 
tributaries thereto, unless it is approved under a State water quality 
certification pursuant to 33 U.S.C. 1341.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $9,874,000, to remain available until expended, of 
which $1,000,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission: Provided, That of the amount 
provided under this heading, $1,300,000 shall be available until 
September 30, 2017, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior: Provided further, 
That for fiscal year 2016, of the amount made available to the 
Commission under this Act or any other Act, the Commission may use an 
amount not to exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $948,640,000 (increased by $2,000,000), to remain available 
until expended, of which $22,000 shall be available for transfer to the 
Upper Colorado River Basin Fund and $5,899,000 shall be available for 
transfer to the Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to the Colorado River 
Dam Fund: Provided, That such transfers may be increased or decreased 
within the overall appropriation under this heading: Provided further, 
That of the total appropriated, the amount for program activities that 
can be financed by the Reclamation Fund or the Bureau of Reclamation 
special fee account established by 16 U.S.C. 6806 shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which the 
funds were contributed: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are available until 
expended for the same purposes as the sums appropriated under this 
heading: Provided further, That of the amounts provided herein, funds 
may be used for high-priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $49,528,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $37,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2017, $59,500,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That not more than 25 percent of such amount may be obligated 
or expended until Reclamation complies with congressional and statutory 
direction related to Technical Memorandum 8140-CC-2004-1 (``Corrosion 
Considerations for Buried Metallic Water Pipe'') and the associated 
pipeline reliability study: Provided further, That no part of any other 
appropriation in this Act shall be available for activities or 
functions budgeted as policy and administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress;
            (5) transfers funds in excess of the following limits--
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category; or
            (7) transfers, when necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of both Houses of Congress 
detailing all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly report shall 
be submitted not later than 60 days after the date of enactment of this 
Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203.  The Secretary of the Interior, acting through the 
Commissioner of Reclamation, shall--
            (1) complete the feasibility studies described in clauses 
        (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
        361 (118 Stat. 1684) and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than December 31, 2015;
            (2) complete the feasibility studies described in clauses 
        (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108-
        361 and submit such studies to the appropriate committees of 
        the House of Representatives and the Senate not later than 
        November 30, 2016;
            (3) complete the feasibility study described in section 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit 
        such study to the appropriate committees of the House of 
        Representatives and the Senate not later than December 31, 
        2017; and
            (4) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of the 
        enactment of this Act and each 180 days thereafter until 
        December 31, 2017, as applicable. The report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and Records 
        of Decision.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,657,774,000 
(reduced by $4,000,000) (increased by $4,000,000) (increased by 
$9,000,000) (increased by $2,000,000), to remain available until 
expended: Provided, That of such amount, $150,000,000 shall be 
available until September 30, 2017, for program direction.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $187,500,000, to 
remain available until expended: Provided, That of such amount, 
$27,000,000 shall be available until September 30, 2017, for program 
direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $936,161,000, to remain available until 
expended: Provided, That of such amount, $80,000,000 shall be available 
until September 30, 2017, for program direction including official 
reception and representation expenses not to exceed $10,000.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant 
or facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the extraction, 
processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $605,000,000, to remain available until expended: Provided, That 
of such amount $120,000,000 shall be available until September 30, 
2017, for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $17,500,000, to remain 
available until expended: Provided, That, notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $212,030,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $7,600,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $117,000,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $229,193,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$625,000,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$32,959,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 17 passenger motor vehicles 
for replacement only, including one ambulance and one bus, 
$5,100,000,000, to remain available until expended: Provided, That of 
such amount, $181,000,000 shall be available until September 30, 2017, 
for program direction.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982 (Public Law 97-425), including the 
acquisition of real property or facility construction or expansion, 
$150,000,000, to remain available until expended, and to be derived 
from the Nuclear Waste Fund: Provided, That of the amount provided 
under this heading, $5,000,000 shall be made available to affected 
units of local government, as defined in section 2(31) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(31)), to support the Yucca 
Mountain geologic repository, as authorized by such Act.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $280,000,000, to remain available until expended: 
Provided, That of such amount $28,000,000 shall be available until 
September 30, 2017, for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974: Provided, That, for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $42,000,000 is appropriated, to remain available until 
September 30, 2017: Provided further, That $25,000,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act of 2005 
shall be credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2016 appropriation from the general 
fund estimated at not more than $17,000,000: Provided further, That 
fees collected under section 1702(h) in excess of the amount 
appropriated for administrative expenses shall not be available until 
appropriated: Provided further, That the Department of Energy shall not 
subordinate any loan obligation to other financing in violation of 
section 1702 of the Energy Policy Act of 2005 or subordinate any 
Guaranteed Obligation to any loan or other debt obligations in 
violation of section 609.10 of title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $6,000,000, to remain available until September 30, 2017.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$247,420,000 (reduced by $1,000,000) (reduced by $3,000,000) (reduced 
by $36,720,000) (reduced by $2,000,000) (reduced by $9,000,000) 
(reduced by $2,000,000) (reduced by $1,000,000) (increased by 
$1,000,000), to remain available until September 30, 2017, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount: Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $117,171,000 in fiscal year 
2016 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302: Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2016 appropriation from the general fund estimated at not more than 
$130,249,000: Provided further, That of the total amount made available 
under this heading, $31,297,000 is for Energy Policy and Systems 
Analysis.

                    Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$46,000,000 (increased by $424,000), to remain available until 
September 30, 2017.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $8,713,000,000, to 
remain available until expended: Provided, That $92,000,000 shall be 
available until September 30, 2017, for program direction.

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,918,000,000 
(reduced by $13,802,000) (increased by $10,000,000) (increased by 
$3,802,000), to remain available until expended: Provided, That funds 
provided by this Act for Project 99-D-143, Mixed Oxide Fuel Fabrication 
Facility, and by prior Acts that remain unobligated for such Project, 
may be made available only for construction and program support 
activities for such Project. Provided further, That of the unobligated 
balances from prior year appropriations available under this heading, 
$10,394,000 is hereby rescinded: Provided further, That no amounts may 
be rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,320,394,000 
(increased by $2,426,400), to remain available until expended: 
Provided, That $43,500,000 shall be available until September 30, 2017, 
for program direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $388,000,000 (reduced by 
$2,500,000), to remain available until September 30, 2017, including 
official reception and representation expenses not to exceed $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one fire apparatus pumper truck and one armored vehicle 
for replacement only, $5,055,550,000, to remain available until 
expended: Provided, That of such amount $281,951,000 shall be available 
until September 30, 2017, for program direction.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, 
$471,797,000, to be deposited into the Defense Environmental Cleanup 
account which shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $767,570,000, to remain available until expended: Provided, 
That of such amount, $253,729,000 shall be available until September 
30, 2017, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake 
River Sockeye Weirs and, in addition, for official reception and 
representation expenses in an amount not to exceed $5,000: Provided, 
That during fiscal year 2016, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,900,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $6,900,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration: Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2016 appropriation estimated at not more 
than $0: Provided further, That, notwithstanding 31 U.S.C. 3302, up to 
$66,500,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $47,361,000, to remain available until expended: 
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $35,961,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2016 appropriation 
estimated at not more than $11,400,000: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures: Provided further, That, for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $307,714,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $302,000,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2016 appropriation 
estimated at not more than $93,372,000, of which $87,658,000 is derived 
from the Reclamation Fund: Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $352,813,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That, for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255): Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $4,262,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities: Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2016 appropriation estimated at not more than $228,000: Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred: Provided further, That for fiscal year 2016, the 
Administrator of the Western Area Power Administration may accept up to 
$460,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose: Provided further, That 
any such funds shall be available without further appropriation and 
without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $319,800,000, 
to remain available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $319,800,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2016 shall be retained and used for expenses necessary in this 
account, and shall remain available until expended: Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2016 so as to result in a 
final fiscal year 2016 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including transfer and rescissions of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make a grant allocation or discretionary grant award 
        totaling $1,000,000 or more;
            (B) make a discretionary contract award or Other 
        Transaction Agreement totaling $1,000,000 or more, including a 
        contract covered by the Federal Acquisition Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or 
        (B); or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).
    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling less than $1,000,000 provided during 
the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
enter into a multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future year budget authority and the 
        Secretary notifies the Committees on Appropriations of both 
        Houses of Congress at least 3 days in advance.
    (d) Except as provided in subsections (e), (f), and (g), the 
amounts made available by this title shall be expended as authorized by 
law for the programs, projects, and activities specified in the 
``Bill'' column in the ``Department of Energy'' table included under 
the heading ``Title III--Department of Energy'' in the report of the 
Committee on Appropriations accompanying this Act.
    (e) The amounts made available by this title may be reprogrammed 
for any program, project, or activity, and the Department shall notify 
the Committees on Appropriations of both Houses of Congress at least 30 
days prior to the use of any proposed reprogramming that would cause 
any program, project, or activity funding level to increase or decrease 
by more than $5,000,000 or 10 percent, whichever is less, during the 
time period covered by this Act.
    (f) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.
    (g)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds made 
available for the Department of Energy if compliance with such 
requirement or restriction would pose a substantial risk to human 
health, the environment, welfare, or national security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of both Houses of Congress of any waiver under paragraph 
(1) as soon as practicable, but not later than 3 days after the date of 
the activity to which a requirement or restriction would otherwise have 
applied. Such notice shall include an explanation of the substantial 
risk under paragraph (1) that permitted such waiver.
    Sec. 302.  The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 303.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2016 until the enactment of the Intelligence 
Authorization Act for fiscal year 2016.
    Sec. 304.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Independent Enterprise Assessments to 
ensure the project is in compliance with nuclear safety requirements.
    Sec. 305.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 306.  Notwithstanding section 301(c) of this Act, none of the 
funds made available under the heading ``Department of Energy--Energy 
Programs--Science'' may be used for a multiyear contract, grant, 
cooperative agreement, or Other Transaction Agreement of $1,000,000 or 
less unless the contract, grant, cooperative agreement, or Other 
Transaction Agreement is funded for the full period of performance as 
anticipated at the time of award.
    Sec. 307. (a) None of the funds made available in this or any prior 
Act under the heading ``Defense Nuclear Nonproliferation'' may be made 
available to enter into new contracts with, or new agreements for 
Federal assistance to, the Russian Federation.
    (b) The Secretary of Energy may waive the prohibition in subsection 
(a) if the Secretary determines that such activity is in the national 
security interests of the United States. This waiver authority may not 
be delegated.
    (c) A waiver under subsection (b) shall not be effective until 15 
days after the date on which the Secretary submits to the Committees on 
Appropriations of both Houses of Congress, in classified form if 
necessary, a report on the justification for the waiver.
    Sec. 308. (a) Notification of Strategic Petroleum Reserve 
Drawdown.--None of the funds made available by this Act or any prior 
Act, or funds made available in the SPR Petroleum Account, may be used 
to conduct a drawdown (including a test drawdown) and sale or exchange 
of petroleum products from the Strategic Petroleum Reserve unless the 
Secretary of Energy provides notice, in accordance with subsection (b), 
of such exchange, or drawdown (including a test drawdown) to the 
Committees on Appropriations of both Houses of Congress.
    (b)(1) Content of Notification.--The notification required under 
subsection (a) shall include at a minimum--
            (A) the justification for the drawdown or exchange, 
        including--
                    (i) a specific description of any obligation under 
                international energy agreements; and
                    (ii) in the case of a test drawdown, the specific 
                aspects of the Strategic Petroleum Reserve to be 
                tested;
            (B) the provisions of law (including regulations) 
        authorizing the drawdown or exchange;
            (C) the number of barrels of petroleum products proposed to 
        be withdrawn or exchanged;
            (D) the location of the Strategic Petroleum Reserve site or 
        sites from which the petroleum products are proposed to be 
        withdrawn;
            (E) a good faith estimate of the expected proceeds from the 
        sale of the petroleum products;
            (F) an estimate of the total inventories of petroleum 
        products in the Strategic Petroleum Reserve after the 
        anticipated drawdown;
            (G) a detailed plan for disposition of the proceeds after 
        deposit into the SPR Petroleum Account; and
            (H) a plan for refilling the Strategic Petroleum Reserve, 
        including whether the acquisition will be of the same or a 
        different petroleum product.
            (2) Timing of notification.--The Secretary shall provide 
        the notification required under subsection (a)--
                    (A) in the case of an exchange or a drawdown, as 
                soon as practicable after the exchange or drawdown has 
                occurred; and
                    (B) in the case of a test drawdown, not later than 
                30 days prior to the test drawdown.
    (c) Post-Sale Notification.--In addition to reporting requirements 
under other provisions of law, the Secretary shall, upon the execution 
of all contract awards associated with a competitive sale of petroleum 
products, notify the Committees on Appropriations of both Houses of 
Congress of the actual value of the proceeds from the sale.
    (d)(1) New Regional Reserves.--The Secretary may not establish any 
new regional petroleum product reserve unless funding for the proposed 
regional petroleum product reserve is explicitly requested in advance 
in an annual budget submission and approved by the Congress in an 
appropriations Act.
            (2) The budget request or notification shall include--
                    (A) the justification for the new reserve;
                    (B) a cost estimate for the establishment, 
                operation, and maintenance of the reserve, including 
                funding sources;
                    (C) a detailed plan for operation of the reserve, 
                including the conditions upon which the products may be 
                released;
                    (D) the location of the reserve; and
                    (E) the estimate of the total inventory of the 
                reserve.
    Sec. 309.  Of the amounts made available by this Act for ``National 
Nuclear Security Administration--Weapons Activities'', up to 
$50,000,000 may be reprogrammed within such account for Domestic 
Uranium Enrichment, subject to the notice requirement in section 
301(e).
    Sec. 310. (a) Unobligated balances available from appropriations 
for fiscal years 2005 through 2010 are hereby permanently rescinded 
from the following accounts of the Department of Energy in the 
specified amounts:
            (1) ``Energy Programs--Energy Efficiency and Renewable 
        Energy'', $16,677,000.
            (2) ``Energy Programs--Electricity Delivery and Energy 
        Reliability'', $900,000.
            (3) ``Energy Programs--Nuclear Energy'', $1,665,000.
            (4) ``Energy Programs--Fossil Energy Research and 
        Development'', $12,064,000.
            (5) ``Energy Programs--Science'', $4,717,000.
            (6) ``Power Marketing Administrations--Construction, 
        Rehabilitation, Operation and Maintenance, Western Area Power 
        Administration'', $4,832,000.
    (b) No amounts may be rescinded by this section from amounts that 
were designated by the Congress as an emergency requirement pursuant to 
a concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 
14704, and for expenses necessary for the Federal Co-Chairman and the 
Alternate on the Appalachian Regional Commission, for payment of the 
Federal share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of 
passenger motor vehicles, $95,000,000, to remain available until 
expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $29,900,000, to 
remain available until September 30, 2017.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $12,000,000, to remain available until expended.

                           Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $10,000,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998: Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $3,000,000, to remain available until expended: Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $250,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $1,003,233,000, including official representation expenses 
not to exceed $25,000, to remain available until expended, of which 
$25,000,000 shall be derived from the Nuclear Waste Fund: Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2017, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the 
Commission: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$862,274,000 in fiscal year 2016 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2016 so as to result in 
a final fiscal year 2016 appropriation estimated at not more than 
$140,959,000: Provided further, That of the amounts appropriated under 
this heading, $10,000,000 shall be for university research and 
development in areas relevant to their respective organization's 
mission, and $5,000,000 shall be for a Nuclear Science and Engineering 
Grant Program that will support multiyear projects that do not align 
with programmatic missions but are critical to maintaining the 
discipline of nuclear science and engineering.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$12,136,000, to remain available until September 30, 2017: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,060,000 in fiscal year 2016 
shall be retained and be available until September 30, 2017, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code: Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2016 so as to result in a final fiscal year 
2016 appropriation estimated at not more than $2,076,000: Provided 
further, That of the amounts appropriated under this heading, $958,000 
shall be for Inspector General services for the Defense Nuclear 
Facilities Safety Board, which shall not be available from fee 
revenues.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $3,600,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2017.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For expenses necessary for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act, $1,000,000, to remain available until 
September 30, 2017: Provided, That any fees, charges, or commissions 
received pursuant to section 106(h) of the Alaska Natural Gas Pipeline 
Act (15 U.S.C. 720d(h)) in fiscal year 2016 in excess of $2,402,000 
shall not be available for obligation until appropriated in a 
subsequent Act of Congress.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Nuclear Regulatory Commission shall comply with the 
July 5, 2011, version of Chapter VI of its Internal Commission 
Procedures when responding to Congressional requests for information.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the report of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced 
in the report of the Committee on Appropriations accompanying this Act, 
or any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality, used in the previous 6 months and in the year-to-date. 
This report shall include the amounts transferred and the purposes for 
which they were transferred, and shall not replace or modify existing 
notification requirements for each authority.
    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504.  None of the funds made available by this Act may be used 
to conduct closure of adjudicatory functions, technical review, or 
support activities associated with the Yucca Mountain geologic 
repository license application, or for actions that irrevocably remove 
the possibility that Yucca Mountain may be a repository option in the 
future.
    Sec. 505.  None of the funds made available by this Act may be used 
to further implementation of the coastal and marine spatial planning 
and ecosystem-based management components of the National Ocean Policy 
developed under Executive Order No. 13547 of July 19, 2010.

                       spending reduction account

    Sec. 506.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    Sec. 507.  None of the funds made available by this Act may be used 
to transform the National Energy Technology Laboratory into a 
government-owned, contractor-operated laboratory, or to consolidate or 
close the National Energy Technology Laboratory.
    Sec. 508.  None of the funds made available in this Act under the 
heading ``Defense Nuclear Nonproliferation'' may be made available to 
enter into new contracts with, or new agreements for Federal assistance 
to the Islamic Republic of Iran except for contracts or agreements that 
require the Islamic Republic of Iran to cease the pursuit, acquisition, 
and development of nuclear weapons technology.
    Sec. 509.  None of the funds made available by this Act may be used 
by the Department of Energy, the Department of the Interior, or any 
other Federal agency to lease or purchase new light duty vehicles for 
any executive fleet, or for an agency's fleet inventory, except in 
accordance with Presidential Memorandum--Federal Fleet Performance, 
dated May 24, 2011.
    Sec. 510.  None of the funds made available by this Act may be used 
by the Department of Energy to finalize, implement, or enforce the 
proposed rule entitled ``Standards Ceiling Fans and Ceiling Fan Light 
Kits'' and identified by regulation identification number 1904-AC87.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of section 2101 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2238b) or section 210 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2238).
    Sec. 512.  None of the funds made available by this Act may be used 
for the Cape Wind Energy Project on the Outer Continental Shelf off 
Massachusetts, Nantucket Sound.
    Sec. 513.  None of the funds made available in this Act may be 
used--
            (1) to implement or enforce section 430.32(x) of title 10, 
        Code of Federal Regulations; or
            (2) to implement or enforce the standards established by 
        the tables contained in section 325(i)(1)(B) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with 
        respect to BPAR incandescent reflector lamps, BR incandescent 
        reflector lamps, and ER incandescent reflector lamps.
    Sec. 514.  None of the funds made available by this Act may be used 
to implement, administer, carry out, modify, revise, or enforce 
Executive Order No. 13690 (entitled ``Establishing a Federal Flood Risk 
Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input'').
    Sec. 515.  None of the funds made available by this Act for 
``Department of Energy--Energy Programs--Science'' may be used in 
contravention of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.).
    Sec. 516.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are procured 
from a manufacturer that is part of the national technology and 
industrial base.
    Sec. 517.  None of the funds made available by this Act may be used 
for the removal of any federally owned or operated dam.
    Sec. 518.  None of the funds made available by this Act may be used 
to enter into a contract with any offeror or any of its principals if 
the offeror certifies, as required by Federal Acquisition Regulation, 
that the offeror or any of its principals--
            (1) within a 3-year period preceding this offer has been 
        convicted of or had a civil judgment rendered against it for: 
        commission of fraud or a criminal offense in connection with 
        obtaining, attempting to obtain, or performing a public 
        (Federal, State, or local) contract or subcontract; violation 
        of Federal or State antitrust statutes relating to the 
        submission of offers; or commission of embezzlement, theft, 
        forgery, bribery, falsification or destruction of records, 
        making false statements, tax evasion, violating Federal 
        criminal tax laws, or receiving stolen property;
            (2) are presently indicted for, or otherwise criminally or 
        civilly charged by a governmental entity with, commission of 
        any of the offenses enumerated above in paragraph (1); or
            (3) within a 3-year period preceding this offer, has been 
        notified of any delinquent Federal taxes in an amount that 
        exceeds $3,000 for which the liability remains unsatisfied.
    Sec. 519.  None of the funds made available by this Act may be used 
to finalize, promulgate, or enforce the Department of Energy's proposed 
rule entitled ``Energy Conservation Program for Consumer Products: 
Energy Conservation Standards for Residential Furnaces'' (80 Fed. Reg. 
48: March 12, 2015).
    Sec. 520.  None of the funds made available by this Act may be used 
to continue the study conducted by the Army Corps of Engineers pursuant 
to section 5018(a)(1) of the Water Resources Development Act of 2007 
(Public Law 110-114).
    Sec. 521.  For an additional amount for ``Corps of Engineers--
Civil--Department of the Army--Investigations'', there is hereby 
appropriated, and the amount otherwise provided by this Act for 
``Department of Energy--Energy Programs--Departmental Administration'' 
is hereby reduced by $2,500,000.
    Sec. 522.  None of the funds made available by this Act may be used 
by the Department of Energy to apply the report entitled ``Life Cycle 
Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the 
United States'', published in the Federal Register on June 4, 2014 (79 
Fed. Reg. 32260), in any public interest determination under section 3 
of the Natural Gas Act (15 U.S.C. 717b).
    Sec. 523.  None of the funds made available by this Act may be used 
for the Department of Energy's Climate Model Development and Validation 
program.
    Sec. 524.  None of the funds made available by this Act may be used 
to purchase water to supplement or enhance the instream flow 
requirements in the State of California that are mandated under the 
Endangered Species Act of 1973, the Central Valley Project Improvement 
Act, or the National Environmental Policy Act of 1969.
    Sec. 525.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the requirement in section 
323.4(a)(1)(ii) of title 33, Code of Federal Regulations, or section 
232.3(c)(1)(ii)(A) of title 40, Code of Federal Regulations, that 
activities identified in paragraph (1)(A) of subsection (f) of section 
404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(1)(A)) must be established or ongoing in order to receive an 
exemption under such subsection.
    Sec. 526.  None of the funds made available by this Act may be used 
to deliver water to the Trinity River above the minimum requirements of 
the Trinity Record of Decision or to supplement flows in the Klamath 
River.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2016''.

            Passed the House of Representatives May 1, 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                               H. R. 2028

_______________________________________________________________________

                                 AN ACT

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2016, and for other 
                               purposes.
```