IB 

Union Calendar No. 540 

115TH CONGRESS 

2D SESSION H. R. 5895 

[Report No. 115–697] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2019, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2018 

Mr. SIMPSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2019, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2019, and for other pur7 poses, namely: 

8 TITLE I 

9 CORPS OF ENGINEERS—CIVIL 

10 DEPARTMENT OF THE ARMY 

11 CORPS OF ENGINEERS—CIVIL

12 The following appropriations shall be expended under 

13 the direction of the Secretary of the Army and the super14 vision of the Chief of Engineers for authorized civil func15 tions of the Department of the Army pertaining to river 

16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related efforts. 

18 INVESTIGATIONS

19 For expenses necessary where authorized by law for 

20 the collection and study of basic information pertaining 

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

22 shore protection, aquatic ecosystem restoration, and re23 lated needs; for surveys and detailed studies, and plans 

24 and specifications of proposed river and harbor, flood and 

25 storm damage reduction, shore protection, and aquatic 


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1 ecosystem restoration projects, and related efforts prior to 

2 construction; for restudy of authorized projects; and for 

3 miscellaneous investigations, and, when authorized by law, 

4 surveys and detailed studies, and plans and specifications 

5 of projects prior to construction, $128,000,000, to remain 

6 available until expended: Provided, That the Secretary 

7 shall initiate six new study starts during fiscal year 2019: 

8 Provided further, That the Secretary shall not deviate from 

9 the new starts proposed in the work plan, once the plan 

10 has been submitted to the Committees on Appropriations 

11 of both Houses of Congress. 

12 CONSTRUCTION

13 For expenses necessary for the construction of river 

14 and harbor, flood and storm damage reduction, shore pro15 tection, aquatic ecosystem restoration, and related 

16 projects authorized by law; for conducting detailed studies, 

17 and plans and specifications, of such projects (including 

18 those involving participation by States, local governments, 

19 or private groups) authorized or made eligible for selection 

20 by law (but such detailed studies, and plans and specifica21 tions, shall not constitute a commitment of the Govern22 ment to construction); $2,323,000,000, to remain avail23 able until expended; of which such sums as are necessary 

24 to cover the Federal share of construction costs for facili25 ties under the Dredged Material Disposal Facilities proVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 gram shall be derived from the Harbor Maintenance Trust 

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

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

4 of construction, replacement, rehabilitation, and expansion 

5 of inland waterways projects shall be derived from the In6 land Waterways Trust Fund, except as otherwise specifi7 cally provided for in law: Provided, That the Secretary 

8 shall initiate five new construction starts during fiscal year 

9 2019: Provided further, That for new construction 

10 projects, project cost sharing agreements shall be executed 

11 as soon as practicable but no later than August 31, 2019: 

12 Provided further, That no allocation for a new start shall 

13 be considered final and no work allowance shall be made 

14 until the Secretary provides to the Committees on Appro15 priations of both Houses of Congress an out-year funding 

16 scenario demonstrating the affordability of the selected 

17 new starts and the impacts on other projects: Provided 

18 further, That the Secretary may not deviate from the new 

19 starts proposed in the work plan, once the plan has been 

20 submitted to the Committees on Appropriations of both 

21 Houses of Congress. 

22 MISSISSIPPI RIVER AND TRIBUTARIES

23 For expenses necessary for flood damage reduction 

24 projects and related efforts in the Mississippi River allu25 vial valley below Cape Girardeau, Missouri, as authorized 


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1 by law, $430,000,000, to remain available until expended, 

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

3 share of eligible operation and maintenance costs for in4 land harbors shall be derived from the Harbor Mainte5 nance Trust Fund. 

6 OPERATION AND MAINTENANCE

7 For expenses necessary for the operation, mainte8 nance, and care of existing river and harbor, flood and 

9 storm damage reduction, aquatic ecosystem restoration, 

10 and related projects authorized by law; providing security 

11 for infrastructure owned or operated by the Corps, includ12 ing administrative buildings and laboratories; maintaining 

13 harbor channels provided by a State, municipality, or 

14 other public agency that serve essential navigation needs 

15 of general commerce, where authorized by law; surveying 

16 and charting northern and northwestern lakes and con17 necting waters; clearing and straightening channels; and 

18 removing obstructions to navigation, $3,820,000,000, to 

19 remain available until expended, of which such sums as 

20 are necessary to cover the Federal share of eligible oper21 ation and maintenance costs for coastal harbors and chan22 nels, and for inland harbors shall be derived from the Har23 bor Maintenance Trust Fund; of which such sums as be24 come available from the special account for the Corps of 

25 Engineers established by the Land and Water ConservaVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 tion Fund Act of 1965 shall be derived from that account 

2 for resource protection, research, interpretation, and 

3 maintenance activities related to resource protection in the 

4 areas at which outdoor recreation is available; and of 

5 which such sums as become available from fees collected 

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

7 to cover the cost of operation and maintenance of the 

8 dredged material disposal facilities for which such fees 

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

10 amount of funds provided for each of the programs, 

11 projects, or activities funded under this heading shall not 

12 be allocated to a field operating activity prior to the begin13 ning of the fourth quarter of the fiscal year and shall be 

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

15 emergency activities as the Chief of Engineers determines 

16 to be necessary and appropriate, and that the Chief of En17 gineers shall allocate during the fourth quarter any re18 maining funds which have not been used for emergency 

19 activities proportionally in accordance with the amounts 

20 provided for the programs, projects, or activities. 

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws 

23 pertaining to regulation of navigable waters and wetlands, 

24 $200,000,000, to remain available until September 30, 

25 2020. 


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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, $150,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurri8 cane, and other natural disasters and support emergency 

9 operations, repairs, and other activities in response to 

10 such disasters as authorized by law, $35,000,000, to re11 main available until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and gen14 eral 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 op17 eration of the Humphreys Engineer Center Support Activ18 ity, the Institute for Water Resources, the United States 

19 Army Engineer Research and Development Center, and 

20 the United States Army Corps of Engineers Finance Cen21 ter allocable to the civil works program, $187,000,000, to 

22 remain available until September 30, 2020, of which not 

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

24 representation purposes and only during the current fiscal 

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


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

2 works activities of the Office of the Chief of Engineers 

3 or the civil works executive direction and management ac4 tivities of the division offices: Provided further, That any 

5 Flood Control and Coastal Emergencies appropriation 

6 may be used to fund the supervision and general adminis7 tration of emergency operations, repairs, and other activi8 ties in response to any flood, hurricane, or other natural 

9 disaster. 

10 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

11 FOR CIVIL WORKS

12 For the Office of the Assistant Secretary of the Army 

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

14 $5,000,000, to remain available until September 30, 2020: 

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

16 may be obligated or expended until the Assistant Sec17 retary submits to the Committees on Appropriations of 

18 both Houses of Congress a work plan that allocates at 

19 least 95 percent of the additional funding provided under 

20 each heading in this title (as designated under such head21 ing in the report of the Committee on Appropriations ac22 companying this Act) to specific programs, projects, or ac23 tivities. 


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1 GENERAL PROVISIONS—CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 shall be available for obligation or expenditure through a 

6 reprogramming of funds that— 

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

8 or activity; 

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

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by this Act; 

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

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

15 Act; 

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

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

18 whichever is less; or 

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

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

21 whichever is less. 

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

23 or activity authorized under section 205 of the Flood Con24 trol Act of 1948, section 14 of the Flood Control Act of 

25 1946, section 208 of the Flood Control Act of 1954, secVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 tion 107 of the River and Harbor Act of 1960, section 

2 103 of the River and Harbor Act of 1962, section 111 

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

4 Water Resources Development Act of 1986, section 206 

5 of the Water Resources Development Act of 1996, or sec6 tion 204 of the Water Resources Development Act of 

7 1992. 

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

9 a quarterly basis to the Committees on Appropriations of 

10 both Houses of Congress detailing all the funds repro11 grammed between programs, projects, activities, or cat12 egories of funding. The first quarterly report shall be sub13 mitted not later than 60 days after the date of enactment 

14 of this Act. 

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

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

17 commits funds beyond the amounts appropriated for that 

18 program, project, or activity that remain unobligated, ex19 cept that such amounts may include any funds that have 

20 been made available through reprogramming pursuant to 

21 section 101. 

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

23 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

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


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

2 of Engineers projects. 

3 SEC. 104. None of the funds in this Act shall be used 

4 for an open lake placement alternative for dredged mate5 rial, after evaluating the least costly, environmentally ac6 ceptable manner for the disposal or management of 

7 dredged material originating from Lake Erie or tributaries 

8 thereto, unless it is approved under a State water quality 

9 certification pursuant to section 401 of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1341): Provided, That 

11 until an open lake placement alternative for dredged mate12 rial is approved under a State water quality certification, 

13 the Corps of Engineers shall continue upland placement 

14 of such dredged material consistent with the requirements 

15 of section 101 of the Water Resources Development Act 

16 of 1986 (33 U.S.C. 2211). 

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

18 title may be used for any acquisition of buoy chain that 

19 is not consistent with 48 CFR 225.7007, subsections 

20 (a)(1) and (a)(2). 

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

22 Act may be used to carry out any water supply reallocation 

23 study under the Wolf Creek Dam, Lake Cumberland, Ken24 tucky, project authorized under the Act of July 24, 1946 

25 (60 Stat. 636, ch. 595). 


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1 SEC. 107. Notwithstanding section 404(f)(2) of the 

2 Federal Water Pollution Control Act (33 U.S.C. 

3 1344(f)(2)), none of the funds made available by this Act 

4 may be used to require a permit for the discharge of 

5 dredged or fill material under the Federal Water Pollution 

6 Control Act (33 U.S.C. 1251 et seq.) for the activities 

7 identified in subparagraphs (A) and (C) of section 

8 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

9 SEC. 108. The final rule issued by the Administrator 

10 of the Environmental Protection Agency and the Secretary 

11 of the Army entitled ‘‘Clean Water Rule: ‘Definition of 

12 Waters of the United States’ ’’ (80 Fed. Reg. 37053 (June 

13 29, 2015)) is repealed, and, until such time as the Admin14 istrator and the Secretary issue a final rule after the date 

15 of enactment of this Act defining the scope of waters pro16 tected under the Federal Water Pollution Control Act and 

17 such new final rule goes into effect, any regulation or pol18 icy revised under, or otherwise affected as a result of, the 

19 rule repealed by this section shall be applied as if that 

20 repealed rule had not been issued. 

21 SEC. 109. As of the date of enactment of this Act 

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

23 shall not promulgate or enforce any regulation that pro24 hibits an individual from possessing a firearm, including 

25 an assembled or functional firearm, at a water resources 


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1 development project covered under section 327.0 of title 

2 36, Code of Federal Regulations (as in effect on the date 

3 of enactment of this Act), if— 

4 (1) the individual is not otherwise prohibited by 

5 law from possessing the firearm; and 

6 (2) the possession of the firearm is in compli7 ance with the law of the State in which the water 

8 resources development project is located. 

9 SEC. 110. For fiscal year 2019, none of the funds 

10 provided in this Act or available in the revolving fund es11 tablished by the Civil Functions Appropriations Act of 

12 1954 (33 U.S.C. 576(a)) may be obligated or expended 

13 on a new hopper dredge. 

14 TITLE II 

15 DEPARTMENT OF THE INTERIOR 

16 CENTRAL UTAH PROJECT

17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

18 For carrying out activities authorized by the Central 

19 Utah Project Completion Act, $15,000,000, to remain 

20 available until expended, of which $898,000 shall be de21 posited into the Utah Reclamation Mitigation and Con22 servation Account for use by the Utah Reclamation Miti23 gation and Conservation Commission: Provided, That of 

24 the amount provided under this heading, $1,398,675 shall 

25 be available until September 30, 2020, for expenses necVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 essary in carrying out related responsibilities of the Sec2 retary of the Interior: Provided further, That for fiscal 

3 year 2019, of the amount made available to the Commis4 sion under this Act or any other Act, the Commission may 

5 use an amount not to exceed $1,500,000 for administra6 tive expenses. 

7 BUREAU OF RECLAMATION

8 The following appropriations shall be expended to 

9 execute authorized functions of the Bureau of Reclama10 tion: 

11 WATER AND RELATED RESOURCES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For management, development, and restoration of 

14 water and related natural resources and for related activi15 ties, including the operation, maintenance, and rehabilita16 tion of reclamation and other facilities, participation in 

17 fulfilling related Federal responsibilities to Native Ameri18 cans, and related grants to, and cooperative and other 

19 agreements with, State and local governments, federally 

20 recognized Indian tribes, and others, $1,381,992,000, to 

21 remain available until expended, of which $67,393,000 

22 shall be available for transfer to the Upper Colorado River 

23 Basin Fund and $5,551,000 shall be available for transfer 

24 to the Lower Colorado River Basin Development Fund; 

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1 vanced to the Colorado River Dam Fund: Provided, That 

2 such transfers may be increased or decreased within the 

3 overall appropriation under this heading: Provided further, 

4 That of the total appropriated, the amount for program 

5 activities that can be financed by the Reclamation Fund 

6 or the Bureau of Reclamation special fee account estab7 lished by 16 U.S.C. 6806 shall be derived from that Fund 

8 or account: Provided further, That funds contributed 

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

10 purposes for which the funds were contributed: Provided 

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

12 be credited to this account and are available until ex13 pended for the same purposes as the sums appropriated 

14 under this heading: Provided further, That of the amounts 

15 provided herein, funds may be used for high-priority 

16 projects which shall be carried out by the Youth Conserva17 tion Corps, as authorized by 16 U.S.C. 1706. 

18 CENTRAL VALLEY PROJECT RESTORATION FUND

19 For carrying out the programs, projects, plans, habi20 tat restoration, improvement, and acquisition provisions of 

21 the Central Valley Project Improvement Act, $62,008,000, 

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

23 Central Valley Project Restoration Fund pursuant to sec24 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

25 102–575, to remain available until expended: Provided, 


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1 That the Bureau of Reclamation is directed to assess and 

2 collect the full amount of the additional mitigation and 

3 restoration payments authorized by section 3407(d) of 

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

5 funds made available under this heading may be used for 

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

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

8 by a court adopted decree or order. 

9 CALIFORNIA BAY-DELTA RESTORATION

10 (INCLUDING TRANSFERS OF FUNDS)

11 For carrying out activities authorized by the Water 

12 Supply, Reliability, and Environmental Improvement Act, 

13 consistent with plans to be approved by the Secretary of 

14 the Interior, $35,000,000, to remain available until ex15 pended, of which such amounts as may be necessary to 

16 carry out such activities may be transferred to appropriate 

17 accounts of other participating Federal agencies to carry 

18 out authorized purposes: Provided, That funds appro19 priated herein may be used for the Federal share of the 

20 costs of CALFED Program management: Provided fur21 ther, That CALFED implementation shall be carried out 

22 in a balanced manner with clear performance measures 

23 demonstrating concurrent progress in achieving the goals 

24 and objectives of the Program. 


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1 POLICY AND ADMINISTRATION

2 For expenses necessary for policy, administration, 

3 and related functions in the Office of the Commissioner, 

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

5 Bureau of Reclamation, to remain available until Sep6 tember 30, 2020, $61,000,000, to be derived from the 

7 Reclamation Fund and be nonreimbursable as provided in 

8 43 U.S.C. 377: Provided, That no part of any other appro9 priation in this Act shall be available for activities or func10 tions budgeted 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) $400,000 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, where 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. Hereinafter, notwithstanding any other 

15 provision of law, during the period from November 1 

16 through April 30, water users may use their diversion 

17 structures for the purpose of recharging the Eastern 

18 Snake Plain Aquifer, when the Secretary, in consultation 

19 with the Advisory Committee and Water District 1 

20 watermaster, determines there is water available in excess 

21 of that needed to satisfy existing Minidoka Project storage 

22 and hydropower rights and ensure operational flexibility. 

23 SEC. 204. Section 9001(d) of the Omnibus Public 

24 Land Management Act of 2009 (Public Law 111–11; 123 


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1 Stat. 1295) is amended by striking ‘‘10’’ and inserting 

2 ‘‘20’’. 

3 SEC. 205. None of the funds in this Act shall be avail4 able to implement the Stipulation of Settlement (Natural 

5 Resources Defense Council, et al. v. Kirk Rodgers, et al., 

6 Eastern District of California, No. Civ. 9 S–88–1658 

7 LKK/GGH) or subtitle A of title X of Public Law 111– 

8 11. 

9 SEC. 206. None of the funds in this Act shall be avail10 able for the purchase of water in the State of California 

11 to supplement instream flow within a river basin that has 

12 suffered a drought within the last two years. 

13 SEC. 207. Section 9(c)(1) of the Reclamation Project 

14 Act of 1939 (43 U.S.C. 485h(c)(1)) is amended by insert15 ing ‘‘and pumped storage hydropower development exclu16 sively using Bureau of Reclamation reservoirs’’ after ‘‘in17 cluding small conduit hydropower development’’. 

18 TITLE III 

19 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 $2,078,640,000, to remain available until expended: Pro6 vided, That of such amount, $153,700,000 shall be avail7 able until September 30, 2020, for program direction. 

8 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

9 RESPONSE

10 For Department of Energy expenses including the 

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

13 sector cybersecurity, energy security, and emergency re14 sponse activities in carrying out the purposes of the De15 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

17 real property or any facility or for plant or facility acquisi18 tion, construction, or expansion, $146,000,000, to remain 

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

20 $11,500,000 shall be available until September 30, 2020, 

21 for program direction. 

22 ELECTRICITY DELIVERY

23 For Department of Energy expenses including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment, and other expenses necessary for elecVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 tricity delivery activities in carrying out the purposes of 

2 the Department of Energy Organization Act (42 U.S.C. 

3 7101 et seq.), including the acquisition or condemnation 

4 of any real property or any facility or for plant or facility 

5 acquisition, construction, or expansion, $175,000,000, to 

6 remain available until expended: Provided, That of such 

7 amount, $17,000,000 shall be available until September 

8 30, 2020, for program direction. 

9 NUCLEAR ENERGY

10 For Department of Energy expenses including the 

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

13 energy activities in carrying out the purposes of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

16 real property or any facility or for plant or facility acquisi17 tion, construction, or expansion, $1,346,090,000, to re18 main available until expended: Provided, That of such 

19 amount, $66,500,000 shall be available until September 

20 30, 2020, for program direction. 

21 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

22 For Department of Energy expenses necessary in car23 rying out fossil energy research and development activi24 ties, under the authority of the Department of Energy Or25 ganization Act (42 U.S.C. 7101 et seq.), including the acVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 quisition of interest, including defeasible and equitable in2 terests in any real property or any facility or for plant 

3 or facility acquisition or expansion, and for conducting in4 quiries, technological investigations and research con5 cerning the extraction, processing, use, and disposal of 

6 mineral substances without objectionable social and envi7 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

8 $785,000,000, to remain available until expended: Pro9 vided, That of such amount $61,070,000 shall be available 

10 until September 30, 2020, for program direction. 

11 NAVAL PETROLEUM AND OIL SHALE RESERVES

12 For Department of Energy expenses necessary to 

13 carry out naval petroleum and oil shale reserve activities, 

14 $10,000,000, to remain available until expended: Pro15 vided, That notwithstanding any other provision of law, 

16 unobligated funds remaining from prior years shall be 

17 available for all naval petroleum and oil shale reserve ac18 tivities. 

19 STRATEGIC PETROLEUM RESERVE

20 For Department of Energy expenses necessary for 

21 Strategic Petroleum Reserve facility development and op22 erations and program management activities pursuant to 

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

24 et seq.), $252,000,000, to remain available until expended: 

25 Provided, That, as authorized by section 404 of the BiparVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

2 6239 note), the Secretary of Energy shall draw down and 

3 sell not to exceed $300,000,000 of crude oil from the Stra4 tegic Petroleum Reserve in fiscal year 2019: Provided fur5 ther, That the proceeds from such drawdown and sale shall 

6 be deposited into the ‘‘Energy Security and Infrastructure 

7 Modernization Fund’’ during fiscal year 2019: Provided 

8 further, That such amounts shall be made available and 

9 shall remain available until expended for necessary ex10 penses to carry out the Life Extension II project for the 

11 Strategic Petroleum Reserve. 

12 SPR PETROLEUM ACCOUNT

13 For the acquisition, transportation, and injection of 

14 petroleum products, and for other necessary expenses pur15 suant to the Energy Policy and Conservation Act (42 

16 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipar17 tisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), 

18 and section 5010 of the 21st Century Cures Act (Public 

19 Law 114–255), $10,000,000, to remain available until ex20 pended. 

21 NORTHEAST HOME HEATING OIL RESERVE

22 For Department of Energy expenses necessary for 

23 Northeast Home Heating Oil Reserve storage, operation, 

24 and management activities pursuant to the Energy Policy 


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

2 $10,000,000, to remain available until expended. 

3 ENERGY INFORMATION ADMINISTRATION

4 For Department of Energy expenses necessary in car5 rying out the activities of the Energy Information Admin6 istration, $125,000,000, to remain available until ex7 pended. 

8 NON-DEFENSE ENVIRONMENTAL CLEANUP

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses necessary for non-de12 fense environmental cleanup activities in carrying out the 

13 purposes of the Department of Energy Organization Act 

14 (42 U.S.C. 7101 et seq.), including the acquisition or con15 demnation of any real property or any facility or for plant 

16 or facility acquisition, construction, or expansion, 

17 $240,000,000, to remain available until expended. 

18 URANIUM ENRICHMENT DECONTAMINATION AND

19 DECOMMISSIONING FUND

20 For Department of Energy expenses necessary in car21 rying out uranium enrichment facility decontamination 

22 and decommissioning, remedial actions, and other activi23 ties of title II of the Atomic Energy Act of 1954, and 

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

25 $870,000,000, to be derived from the Uranium EnrichVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 ment Decontamination and Decommissioning Fund, to re2 main available until expended, of which $32,959,000 shall 

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

4 Energy Policy Act of 1992, including for the purchase of 

5 not to exceed one ambulance for replacement only. 

6 SCIENCE

7 For Department of Energy expenses including the 

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

10 activities in carrying out the purposes of the Department 

11 of Energy Organization Act (42 U.S.C. 7101 et seq.), in12 cluding the acquisition or condemnation of any real prop13 erty or any facility or for plant or facility acquisition, con14 struction, or expansion, and purchase of not more than 

15 16 passenger motor vehicles and one airplane for replace16 ment only, including one bus, $6,600,000,000, to remain 

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

18 $183,000,000 shall be available until September 30, 2020, 

19 for program direction. 

20 NUCLEAR WASTE DISPOSAL

21 For Department of Energy expenses necessary for 

22 nuclear waste disposal activities to carry out the purposes 

23 of the Nuclear Waste Policy Act of 1982 (Public Law 97– 

24 425), as amended (hereinafter referred to as the 

25 ‘‘NWPA’’), including the acquisition of any real property 


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1 or facility construction, or expansion, $190,000,000, to re2 main available until expended, and to be derived from the 

3 Nuclear Waste Fund: Provided, That of the funds made 

4 available in this Act for nuclear waste disposal and defense 

5 nuclear waste disposal activities, 1.62 percent shall be pro6 vided to the Office of the Attorney General of the State 

7 of Nevada solely for expenditures, other than salaries and 

8 expenses of State employees, to conduct scientific over9 sight responsibilities and participate in licensing activities 

10 pursuant to the NWPA: Provided further, That of the 

11 funds made available in this Act for nuclear waste disposal 

12 and defense nuclear waste disposal activities, 2.91 percent 

13 shall be provided to affected units of local government, as 

14 defined in the NWPA, to conduct appropriate activities 

15 and participate in licensing activities under Section 116(c) 

16 of the NWPA: Provided further, That of the amounts pro17 vided to affected units of local government, 7.5 percent 

18 shall be made available to affected units of local govern19 ment in California with the balance made available to af20 fected units of local government in Nevada for distribution 

21 as determined by the Nevada affected units of local gov22 ernment: Provided further, That of the funds made avail23 able in this Act for nuclear waste disposal and defense 

24 nuclear waste disposal activities, 0.16 percent shall be pro25 vided to the affected Federally-recognized Indian tribes, 


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1 as defined in the NWPA, solely for expenditures, other 

2 than salaries and expenses of tribal employees, to conduct 

3 appropriate activities and participate in licensing activities 

4 under section 118(b) of the NWPA: Provided further, That 

5 of the funds made available in this Act for nuclear waste 

6 disposal and defense nuclear waste disposal activities, 3.0 

7 percent shall be provided to Nye County, Nevada, 0.05 

8 percent shall be provided to Clark County, Nevada, and 

9 0.46 percent shall be provided to the State of Nevada as 

10 payment equal to taxes under section 116(c)(3) of the 

11 NWPA: Provided further, That within 90 days of the com12 pletion of each Federal fiscal year, the Office of the Attor13 ney General of the State of Nevada, each affected Feder14 ally-recognized Indian tribe, and each of the affected units 

15 of local government shall provide certification to the De16 partment of Energy that all funds expended from such 

17 payments have been expended for activities authorized by 

18 the NWPA and this Act: Provided further, That failure 

19 to provide such certification shall cause such entity to be 

20 prohibited from any further funding provided for similar 

21 activities: Provided further, That none of the funds herein 

22 appropriated may be: (1) used for litigation expenses; (2) 

23 used for interim storage activities; or (3) used to support 

24 multi-State efforts or other coalition building activities in25 consistent with the restrictions contained in this Act: ProVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 vided further, That all proceeds and recoveries realized by 

2 the Secretary in carrying out activities authorized by the 

3 NWPA, including but not limited to any proceeds from 

4 the sale of assets, shall be credited to this account, to re5 main available until expended, for carrying out the pur6 poses of this account. 

7 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

8 For Department of Energy expenses necessary in car9 rying out the activities authorized by section 5012 of the 

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

11 $325,000,000, to remain available until expended: Pro12 vided, That of such amount, $29,250,000 shall be avail13 able until September 30, 2020, for program direction. 

14 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

15 PROGRAM

16 Such sums as are derived from amounts received 

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

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

19 be collected in accordance with section 502(7) of the Con20 gressional Budget Act of 1974: Provided, That for nec21 essary administrative expenses to carry out this Loan 

22 Guarantee program, $32,000,000 is appropriated from 

23 fees collected in prior years pursuant to section 1702(h) 

24 of the Energy Policy Act of 2005 which are not otherwise 

25 appropriated, to remain available until September 30, 


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1 2020: Provided further, That if the amount in the previous 

2 proviso is not available from such fees, an amount for such 

3 purposes is also appropriated from the general fund so as 

4 to result in a total amount appropriated for such purpose 

5 of no more than $32,000,000: Provided further, That fees 

6 collected pursuant to such section 1702(h) for fiscal year 

7 2019 shall be credited as offsetting collections under this 

8 heading and shall not be available until appropriated: Pro9 vided further, That the Department of Energy shall not 

10 subordinate any loan obligation to other financing in viola11 tion of section 1702 of the Energy Policy Act of 2005 or 

12 subordinate any Guaranteed Obligation to any loan or 

13 other debt obligations in violation of section 609.10 of title 

14 10, Code of Federal Regulations. 

15 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

16 LOAN PROGRAM

17 For Department of Energy administrative expenses 

18 necessary in carrying out the Advanced Technology Vehi19 cles Manufacturing Loan Program, $5,000,000, to remain 

20 available until September 30, 2020. 

21 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

22 For Department of Energy administrative expenses 

23 necessary in carrying out the Tribal Energy Loan Guar24 antee Program, $1,000,000, to remain available until Sep25 tember 30, 2020. 


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1 DEPARTMENTAL ADMINISTRATION

2 For salaries and expenses of the Department of En3 ergy necessary for departmental administration in car4 rying out the purposes of the Department of Energy Orga5 nization Act (42 U.S.C. 7101 et seq.), $280,524,000, to 

6 remain available until September 30, 2020, including the 

7 hire of passenger motor vehicles and official reception and 

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

9 additional amounts as necessary to cover increases in the 

10 estimated amount of cost of work for others notwith11 standing the provisions of the Anti-Deficiency Act (31 

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

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

14 or greater amount: Provided further, That moneys received 

15 by the Department for miscellaneous revenues estimated 

16 to total $96,000,000 in fiscal year 2019 may be retained 

17 and used for operating expenses within this account, as 

18 authorized by section 201 of Public Law 95–238, notwith19 standing the provisions of 31 U.S.C. 3302: Provided fur20 ther, That the sum herein appropriated shall be reduced 

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

22 result in a final fiscal year 2019 appropriation from the 

23 general fund estimated at not more than $184,524,000. 


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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $51,330,000, to remain available 

5 until September 30, 2020. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY 

8 ADMINISTRATION 

9 WEAPONS ACTIVITIES

10 For Department of Energy expenses, including the 

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

13 atomic energy defense weapons activities in carrying out 

14 the purposes of the Department of Energy Organization 

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

16 condemnation of any real property or any facility or for 

17 plant or facility acquisition, construction, or expansion, 

18 and the purchase of not to exceed one ambulance for re19 placement only, $11,200,000,000, to remain available 

20 until expended: Provided, That of such amount, 

21 $102,022,000 shall be available until September 30, 2020, 

22 for program direction. 

23 DEFENSE NUCLEAR NONPROLIFERATION

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and capVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 ital equipment and other incidental expenses necessary for 

2 defense nuclear nonproliferation activities, in carrying out 

3 the purposes of the Department of Energy Organization 

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

5 condemnation of any real property or any facility or for 

6 plant or facility acquisition, construction, or expansion, 

7 and the purchase of not to exceed three aircraft, 

8 $1,902,000,000, to remain available until expended. 

9 NAVAL REACTORS

10 (INCLUDING TRANSFER OF FUNDS)

11 For Department of Energy expenses necessary for 

12 naval reactors activities to carry out the Department of 

13 Energy Organization Act (42 U.S.C. 7101 et seq.), includ14 ing the acquisition (by purchase, condemnation, construc15 tion, or otherwise) of real property, plant, and capital 

16 equipment, facilities, and facility expansion, 

17 $1,788,618,000, to remain available until expended, of 

18 which, $85,500,000 shall be transferred to ‘‘Department 

19 of Energy—Energy Programs—Nuclear Energy’’, for the 

20 Advanced Test Reactor: Provided, That of such amount, 

21 $48,709,000 shall be available until September 30, 2020, 

22 for program direction. 

23 FEDERAL SALARIES AND EXPENSES

24 For expenses necessary for Federal Salaries and Ex25 penses in the National Nuclear Security Administration, 


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1 $422,529,000, to remain available until September 30, 

2 2020, including official reception and representation ex3 penses not to exceed $12,000. 

4 ENVIRONMENTAL AND OTHER DEFENSE 

5 ACTIVITIES 

6 DEFENSE ENVIRONMENTAL CLEANUP

7 For Department of Energy expenses, including the 

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

10 energy defense environmental cleanup activities in car11 rying out the purposes of the Department of Energy Orga12 nization Act (42 U.S.C. 7101 et seq.), including the acqui13 sition or condemnation of any real property or any facility 

14 or for plant or facility acquisition, construction, or expan15 sion, and the purchase of not to exceed one passenger 

16 minivan for replacement only, $5,759,220,000, to remain 

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

18 $295,000,000 shall be available until September 30, 2020, 

19 for program direction. 

20 OTHER DEFENSE ACTIVITIES

21 For Department of Energy expenses, including the 

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

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


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1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in2 cluding the acquisition or condemnation of any real prop3 erty or any facility or for plant or facility acquisition, con4 struction, or expansion, $870,300,000, to remain available 

5 until expended: Provided, That of such amount, 

6 $301,085,000 shall be available until September 30, 2020, 

7 for program direction. 

8 DEFENSE NUCLEAR WASTE DISPOSAL

9 For Department of Energy expenses necessary for 

10 nuclear waste disposal activities to carry out the purposes 

11 of the Nuclear Waste Policy Act of 1982, as amended, 

12 including the acquisition of real property or facility con13 struction or expansion, $30,000,000, to remain available 

14 until expended. 

15 POWER MARKETING ADMINISTRATIONS 

16 BONNEVILLE POWER ADMINISTRATION FUND

17 Expenditures from the Bonneville Power Administra18 tion Fund, established pursuant to Public Law 93–454, 

19 are approved for official reception and representation ex20 penses in an amount not to exceed $5,000: Provided, That 

21 during fiscal year 2019, no new direct loan obligations 

22 may be made. 


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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

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

5 electric power and energy, including transmission wheeling 

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

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

8 southeastern power area, $6,500,000, including official re9 ception and representation expenses in an amount not to 

10 exceed $1,500, to remain available until expended: Pro11 vided, That notwithstanding 31 U.S.C. 3302 and section 

12 5 of the Flood Control Act of 1944, up to $6,500,000 col13 lected by the Southeastern Power Administration from the 

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

15 account as discretionary offsetting collections, to remain 

16 available until expended for the sole purpose of funding 

17 the annual expenses of the Southeastern Power Adminis18 tration: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

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

21 fiscal year 2019 appropriation estimated at not more than 

22 $0: Provided further, That notwithstanding 31 U.S.C. 

23 3302, up to $55,360,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 


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1 shall be credited to this account as offsetting collections, 

2 to remain available until expended for the sole purpose 

3 of making purchase power and wheeling expenditures: 

4 Provided further, That for purposes of this appropriation, 

5 annual expenses means expenditures that are generally re6 covered in the same year that they are incurred (excluding 

7 purchase power and wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN

9 POWER ADMINISTRATION

10 For expenses necessary for operation and mainte11 nance of power transmission facilities and for marketing 

12 electric power and energy, for construction and acquisition 

13 of transmission lines, substations and appurtenant facili14 ties, and for administrative expenses, including official re15 ception and representation expenses in an amount not to 

16 exceed $1,500 in carrying out section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

18 Southwestern Power Administration, $45,802,000, to re19 main available until expended: Provided, That notwith20 standing 31 U.S.C. 3302 and section 5 of the Flood Con21 trol Act of 1944 (16 U.S.C. 825s), up to $35,402,000 col22 lected by the Southwestern Power Administration from 

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

24 this account as discretionary offsetting collections, to re25 main available until expended, for the sole purpose of 


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1 funding the annual expenses of the Southwestern Power 

2 Administration: Provided further, That the sum herein ap3 propriated for annual expenses shall be reduced as collec4 tions are received during the fiscal year so as to result 

5 in a final fiscal year 2019 appropriation estimated at not 

6 more than $10,400,000: Provided further, That notwith7 standing 31 U.S.C. 3302, up to $10,000,000 collected by 

8 the Southwestern Power Administration pursuant to the 

9 Flood Control Act of 1944 to recover purchase power and 

10 wheeling expenses shall be credited to this account as off11 setting collections, to remain available until expended for 

12 the sole purpose of making purchase power and wheeling 

13 expenditures: Provided further, That for purposes of this 

14 appropriation, annual expenses means expenditures that 

15 are generally recovered in the same year that they are in16 curred (excluding purchase power and wheeling expenses). 

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINIS19 TRATION

20 For carrying out the functions authorized by title III, 

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

22 U.S.C. 7152), and other related activities including con23 servation and renewable resources programs as author24 ized, $265,142,000, including official reception and rep25 resentation expenses in an amount not to exceed $1,500, 


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1 to remain available until expended, of which $265,142,000 

2 shall be derived from the Department of the Interior Rec3 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

4 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

7 $175,770,000 collected by the Western Area Power Ad8 ministration from the sale of power and related services 

9 shall be credited to this account as discretionary offsetting 

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

11 purpose of funding the annual expenses of the Western 

12 Area Power Administration: Provided further, That the 

13 sum herein appropriated for annual expenses shall be re14 duced as collections are received during the fiscal year so 

15 as to result in a final fiscal year 2019 appropriation esti16 mated at not more than $89,372,000, of which 

17 $89,372,000 is derived from the Reclamation Fund: Pro18 vided further, That notwithstanding 31 U.S.C. 3302, up 

19 to $180,408,000 collected by the Western Area Power Ad20 ministration pursuant to the Flood Control Act of 1944 

21 and the Reclamation Project Act of 1939 to recover pur22 chase power and wheeling expenses shall be credited to 

23 this account as offsetting collections, to remain available 

24 until expended for the sole purpose of making purchase 

25 power and wheeling expenditures: Provided further, That 


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1 for purposes of this appropriation, annual expenses means 

2 expenditures that are generally recovered in the same year 

3 that they are incurred (excluding purchase power and 

4 wheeling expenses). 

5 FALCON AND AMISTAD OPERATING AND MAINTENANCE

6 FUND

7 For operation, maintenance, and emergency costs for 

8 the hydroelectric facilities at the Falcon and Amistad 

9 Dams, $5,207,000, to remain available until expended, 

10 and to be derived from the Falcon and Amistad Operating 

11 and Maintenance Fund of the Western Area Power Ad12 ministration, as provided in section 2 of the Act of June 

13 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

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

15 $4,979,000 collected by the Western Area Power Adminis16 tration from the sale of power and related services from 

17 the Falcon and Amistad Dams shall be credited to this 

18 account as discretionary offsetting collections, to remain 

19 available until expended for the sole purpose of funding 

20 the annual expenses of the hydroelectric facilities of these 

21 Dams and associated Western Area Power Administration 

22 activities: Provided further, That the sum herein appro23 priated for annual expenses shall be reduced as collections 

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

25 fiscal year 2019 appropriation estimated at not more than 


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1 $228,000: Provided further, That for purposes of this ap2 propriation, annual expenses means expenditures that are 

3 generally recovered in the same year that they are in4 curred: Provided further, That for fiscal year 2019, the 

5 Administrator of the Western Area Power Administration 

6 may accept up to $122,000 in funds contributed by United 

7 States power customers of the Falcon and Amistad Dams 

8 for deposit into the Falcon and Amistad Operating and 

9 Maintenance Fund, and such funds shall be available for 

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

11 sums had been specifically appropriated for such purpose: 

12 Provided further, That any such funds shall be available 

13 without further appropriation and without fiscal year limi14 tation for use by the Commissioner of the United States 

15 Section of the International Boundary and Water Com16 mission for the sole purpose of operating, maintaining, re17 pairing, rehabilitating, replacing, or upgrading the hydro18 electric facilities at these Dams in accordance with agree19 ments reached between the Administrator, Commissioner, 

20 and the power customers. 

21 FEDERAL ENERGY REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Energy Regu24 latory Commission to carry out the provisions of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 


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

2 official reception and representation expenses not to ex3 ceed $3,000, and the hire of passenger motor vehicles, 

4 $369,900,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 not to exceed $369,900,000 of revenues from fees and an7 nual charges, and other services and collections in fiscal 

8 year 2019 shall be retained and used for expenses nec9 essary in this account, and shall remain available until ex10 pended: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as revenues 

12 are received during fiscal year 2019 so as to result in a 

13 final fiscal year 2019 appropriation from the general fund 

14 estimated at not more than $0. 

15 GENERAL PROVISIONS—DEPARTMENT OF 

16 ENERGY 

17 (INCLUDING TRANSFERS OF FUNDS)

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

19 made available by this title for the Department of Energy 

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

21 or activity or to prepare or initiate Requests For Proposals 

22 or similar arrangements (including Requests for 

23 Quotations, Requests for Information, and Funding Op24 portunity Announcements) for a program, project, or acVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 tivity if the program, project, or activity has not been 

2 funded by Congress. 

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

4 Committees on Appropriations of both Houses of Congress 

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

6 made available in this title may be used to— 

7 (A) make a grant allocation or discretionary 

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

9 (B) make a discretionary contract award or 

10 Other Transaction Agreement totaling $1,000,000 

11 or more, including a contract covered by the Federal 

12 Acquisition Regulation; 

13 (C) issue a letter of intent to make an alloca14 tion, award, or Agreement in excess of the limits in 

15 subparagraph (A) or (B); or 

16 (D) announce publicly the intention to make an 

17 allocation, award, or Agreement in excess of the lim18 its in subparagraph (A) or (B). 

19 (2) The Secretary of Energy shall submit to the Com20 mittees on Appropriations of both Houses of Congress 

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

22 detailing each grant allocation or discretionary grant 

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

24 previous quarter. 


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

2 the report required by paragraph (2) shall include the re3 cipient of the award, the amount of the award, the fiscal 

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

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

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

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

8 made. 

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

10 to any program, project, or activity that uses budget au11 thority made available in this title under the heading ‘‘De12 partment of Energy—Energy Programs’’, enter into a 

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

14 a multiyear cooperative agreement unless— 

15 (1) the contract, grant, or cooperative agree16 ment is funded for the full period of performance as 

17 anticipated at the time of award; or 

18 (2) the contract, grant, or cooperative agree19 ment includes a clause conditioning the Federal Gov20 ernment’s obligation on the availability of future 

21 year budget authority and the Secretary notifies the 

22 Committees on Appropriations of both Houses of 

23 Congress at least 3 days in advance. 

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

25 the amounts made available by this title shall be expended 


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1 as authorized by law for the programs, projects, and ac2 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

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

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

5 on Appropriations accompanying this Act. 

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

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

8 the Department shall notify the Committees on Appropria9 tions of both Houses of Congress at least 30 days prior 

10 to the use of any proposed reprogramming that would 

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

12 increase or decrease by more than $5,000,000 or 10 per13 cent, whichever is less, during the time period covered by 

14 this Act. 

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

16 available for obligation or expenditure through a re17 programming of funds that— 

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

19 project, or activity; 

20 (2) increases funds or personnel for any pro21 gram, project, or activity for which funds are denied 

22 or restricted by this Act; or 

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

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

25 Act. 


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1 (g)(1) The Secretary of Energy may waive any re2 quirement or restriction in this section that applies to the 

3 use of funds made available for the Department of Energy 

4 if compliance with such requirement or restriction would 

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

6 welfare, or national security. 

7 (2) The Secretary of Energy shall notify the Commit8 tees on Appropriations of both Houses of Congress of any 

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

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

11 a requirement or restriction would otherwise have applied. 

12 Such notice shall include an explanation of the substantial 

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

14 (h) The unexpended balances of prior appropriations 

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

16 same appropriation accounts for such activities established 

17 pursuant to this title. Available balances may be merged 

18 with funds in the applicable established accounts and 

19 thereafter may be accounted for as one fund for the same 

20 time period as originally enacted. 

21 SEC. 302. Funds appropriated by this or any other 

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

23 Act, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

25 of the National Security Act of 1947 (50 U.S.C. 3094) 


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1 during fiscal year 2019 until the enactment of the Intel2 ligence Authorization Act for fiscal year 2019. 

3 SEC. 303. None of the funds made available in this 

4 title shall be used for the construction of facilities classi5 fied as high-hazard nuclear facilities under 10 CFR Part 

6 830 unless independent oversight is conducted by the Of7 fice of Enterprise Assessments to ensure the project is in 

8 compliance with nuclear safety requirements. 

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

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

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

12 any successive departmental guidance, for construction 

13 projects where the total project cost exceeds 

14 $100,000,000, until a separate independent cost estimate 

15 has been developed for the project for that critical deci16 sion. 

17 SEC. 305. The Secretary of Energy may not transfer 

18 more than $274,833,000 from the amounts made available 

19 under this title to the working capital fund established 

20 under section 653 of the Department of Energy Organiza21 tion Act (42 U.S.C. 7263): Provided, That the Secretary 

22 may transfer additional amounts to the working capital 

23 fund after the Secretary provides notification in advance 

24 of any such transfer to the Committees on Appropriations 

25 of both Houses of Congress: Provided further, That any 


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1 such notification shall identify the sources of funds by pro2 gram, project, or activity: Provided further, That the Sec3 retary shall notify the Committees on Appropriations of 

4 both Houses of Congress before adding or removing any 

5 activities from the fund. 

6 SEC. 306. (a) None of the funds made available in 

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

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

9 contracts with, or new agreements for Federal assistance 

10 to, the Russian Federation. 

11 (b) The Secretary of Energy may waive the prohibi12 tion in subsection (a) if the Secretary determines that 

13 such activity is in the national security interests of the 

14 United States. This waiver authority may not be dele15 gated. 

16 (c) A waiver under subsection (b) shall not be effec17 tive until 15 days after the date on which the Secretary 

18 submits to the Committees on Appropriations of both 

19 Houses of Congress, in classified form if necessary, a re20 port on the justification for the waiver. 

21 SEC. 307. (a) NEW REGIONAL RESERVES.—The Sec22 retary of Energy may not establish any new regional pe23 troleum product reserve unless funding for the proposed 

24 regional petroleum product reserve is explicitly requested 


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1 in advance in an annual budget submission and approved 

2 by the Congress in an appropriations Act. 

3 (b) The budget request or notification shall include— 

4 (1) the justification for the new reserve; 

5 (2) a cost estimate for the establishment, oper6 ation, and maintenance of the reserve, including 

7 funding sources; 

8 (3) a detailed plan for operation of the reserve, 

9 including the conditions upon which the products 

10 may be released; 

11 (4) the location of the reserve; and 

12 (5) the estimate of the total inventory of the re13 serve. 

14 SEC. 308. (a) Funds provided by this Act for Project 

15 99–D–143, Mixed Oxide Fuel Fabrication Facility, and 

16 any funds provided by prior Acts for such Project that 

17 remain unobligated, may be made available only for con18 struction and project support activities for such Project. 

19 (b) The Secretary of Energy may waive the require20 ment under subsection (a) if the Secretary concurrently 

21 submits to the Committees on Appropriations of both 

22 Houses of Congress— 

23 (1) the commitment, certification, and details 

24 described in section 3121(b) of the National Defense 


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1 Authorization Act for Fiscal Year 2018 (Public Law 

2 115–91; 131 Stat. 1892); and 

3 (2) the lifecycle cost estimate used to make 

4 such certification. 

5 (c) If the Secretary waives the requirements under 

6 subsection (a), the Secretary may not use funds provided 

7 for the Project described in such subsection to eliminate 

8 such Project until the date that is 30 days after the sub9 mission of the lifecycle cost estimate required under sub10 section (b)(2). 

11 SEC. 309. Notwithstanding section 161 of the Energy 

12 Policy and Conservation Act (42 U.S.C. 6241), upon a 

13 determination by the President in this fiscal year that a 

14 regional supply shortage of refined petroleum product of 

15 significant scope and duration exists, that a severe in16 crease in the price of refined petroleum product will likely 

17 result from such shortage, and that a draw down and sale 

18 of refined petroleum product would assist directly and sig19 nificantly in reducing the adverse impact of such shortage, 

20 the Secretary of Energy may draw down and sell refined 

21 petroleum product from the Strategic Petroleum Reserve. 

22 Proceeds from a sale under this section shall be deposited 

23 into the SPR Petroleum Account established in section 

24 167 of the Energy Policy and Conservation Act (42 U.S.C. 


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1 6247), and such amounts shall be available for obligation, 

2 without fiscal year limitation, consistent with that section. 

3 SEC. 310. (a) REPORT.—The Secretary of Energy 

4 shall submit to Congress and the State of Nevada a report 

5 on the potential of locating a reprocessing or recycling fa6 cility for spent nuclear fuel near the Yucca Mountain site. 

7 (b) CONTENTS.—The Secretary shall include in the 

8 report required under subsection (a) a description of— 

9 (1) the energy technology benefits associated 

10 with a reprocessing or recycling facility for spent nu11 clear fuel; 

12 (2) the potential economic benefits for the host 

13 community associated with such a facility, including 

14 employment, infrastructure development, and work15 force development benefits; 

16 (3) the energy and national security implica17 tions for the supply and availability of nuclear fuel 

18 associated with such a facility; and 

19 (4) the potential for locating other nuclear fuel 

20 cycle facilities near the Yucca Mountain site, such as 

21 an enrichment facility for national defense purposes. 

22 (c) CONSULTATION.—In preparing the report re23 quired under subsection (a), the Secretary shall consult 

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1 cation, as defined by the State of Nevada, with prior re2 processing research experience. 

3 (d) YUCCA MOUNTAIN SITE DEFINED.—In this sec4 tion, the term ‘‘Yucca Mountain site’’ has the meaning 

5 given that term in section 2(30) of the Nuclear Waste Pol6 icy Act of 1982 (42 U.S.C. 10101(30)). 

7 TITLE IV 

8 INDEPENDENT AGENCIES 

9 APPALACHIAN REGIONAL COMMISSION

10 For expenses necessary to carry out the programs au11 thorized by the Appalachian Regional Development Act of 

12 1965, and for expenses necessary for the Federal Co13 Chairman and the Alternate on the Appalachian Regional 

14 Commission, for payment of the Federal share of the ad15 ministrative expenses of the Commission, including serv16 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

17 motor vehicles, $155,000,000, to remain available until ex18 pended. 

19 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary for the Defense Nuclear Fa22 cilities Safety Board in carrying out activities authorized 

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

24 Law 100–456, section 1441, $31,243,000, to remain 

25 available until September 30, 2020. 


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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the Delta Regional Au4 thority and to carry out its activities, as authorized by 

5 the Delta Regional Authority Act of 2000, notwith6 standing sections 382F(d), 382M, and 382N of said Act, 

7 $15,000,000, to remain available until expended. 

8 DENALI COMMISSION

9 For expenses necessary for the Denali Commission 

10 including the purchase, construction, and acquisition of 

11 plant and capital equipment as necessary and other ex12 penses, $15,000,000, to remain available until expended, 

13 notwithstanding the limitations contained in section 

14 306(g) of the Denali Commission Act of 1998: Provided, 

15 That funds shall be available for construction projects in 

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

17 for distressed communities, as defined by section 307 of 

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

19 Public Law 105–277), as amended by section 701 of ap20 pendix D, title VII, Public Law 106–113 (113 Stat. 

21 1501A–280), and an amount not to exceed 50 percent for 

22 non-distressed communities: Provided further, That not23 withstanding any other provision of law regarding pay24 ment of a non-Federal share in connection with a grant25 in-aid program, amounts under this heading shall be availVerDate Sep 11 2014 02:21 May 22, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.RH H5895

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1 able for the payment of such a non-Federal share for pro2 grams undertaken to carry out the purposes of the Com3 mission. 

4 NORTHERN BORDER REGIONAL COMMISSION

5 For expenses necessary for the Northern Border Re6 gional Commission in carrying out activities authorized by 

7 subtitle V of title 40, United States Code, $12,000,000, 

8 to remain available until expended: Provided, That such 

9 amounts shall be available for administrative expenses, 

10 notwithstanding section 15751(b) of title 40, United 

11 States Code. 

12 SOUTHEAST CRESCENT REGIONAL COMMISSION

13 For expenses necessary for the Southeast Crescent 

14 Regional Commission in carrying out activities authorized 

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

16 to remain available until expended. 

17 NUCLEAR REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Commission in car20 rying out the purposes of the Energy Reorganization Act 

21 of 1974 and the Atomic Energy Act of 1954, 

22 $953,050,000, including official representation expenses 

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

24 of which $47,700,000 shall be derived from the Nuclear 

25 Waste Fund: Provided, That of the amount appropriated 


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

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

3 of the Commission, to remain available until September 

4 30, 2020, of which, notwithstanding section 201(a)(2)(c) 

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

6 5841(a)(2)(c)), the use and expenditure shall only be ap7 proved by a majority vote of the Commission: Provided 

8 further, That revenues from licensing fees, inspection serv9 ices, and other services and collections estimated at 

10 $763,640,000 in fiscal year 2019 shall be retained and 

11 used for necessary salaries and expenses in this account, 

12 notwithstanding 31 U.S.C. 3302, and shall remain avail13 able until expended: Provided further, That of the amounts 

14 appropriated under this heading, not less than $9,896,000 

15 shall be for activities related to the development of regu16 latory infrastructure for advanced nuclear technologies, 

17 and $16,080,000 shall be for international activities, ex18 cept that the amounts provided under this proviso shall 

19 not be derived from fee revenues, notwithstanding 42 

20 U.S.C. 2214: Provided further, That the sum herein ap21 propriated shall be reduced by the amount of revenues re22 ceived during fiscal year 2019 so as to result in a final 

23 fiscal year 2019 appropriation estimated at not more than 

24 $189,410,000: Provided further, That of the amounts ap25 propriated under this heading, $10,000,000 shall be for 


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1 university research and development in areas relevant to 

2 the Commission’s mission, and $5,000,000 shall be for a 

3 Nuclear Science and Engineering Grant Program that will 

4 support multiyear projects that do not align with pro5 grammatic missions but are critical to maintaining the 

6 discipline of nuclear science and engineering, except that 

7 the amounts provided under this proviso shall not be de8 rived from fee revenues, notwithstanding 42 U.S.C. 2214. 

9 OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $12,609,000, to remain available 

13 until September 30, 2020: Provided, That revenues from 

14 licensing fees, inspection services, and other services and 

15 collections estimated at $10,355,000 in fiscal year 2019 

16 shall be retained and be available until September 30, 

17 2020, for necessary salaries and expenses in this account, 

18 notwithstanding section 3302 of title 31, United States 

19 Code: Provided further, That the sum herein appropriated 

20 shall be reduced by the amount of revenues received dur21 ing fiscal year 2019 so as to result in a final fiscal year 

22 2019 appropriation estimated at not more than 

23 $2,254,000: Provided further, That of the amounts appro24 priated under this heading, $1,103,000 shall be for In25 spector General services for the Defense Nuclear Facilities 


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1 Safety Board, which shall not be available from fee reve2 nues. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100– 

7 203, section 5051, $3,600,000, to be derived from the Nu8 clear Waste Fund, to remain available until September 30, 

9 2020. 

10 GENERAL PROVISIONS—INDEPENDENT 

11 AGENCIES 

12 SEC. 401. The Nuclear Regulatory Commission shall 

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

14 its Internal Commission Procedures when responding to 

15 Congressional requests for information, consistent with 

16 Department of Justice guidance for all federal agencies. 

17 SEC. 402. (a) The amounts made available by this 

18 title for the Nuclear Regulatory Commission may be re19 programmed for any program, project, or activity, and the 

20 Commission shall notify the Committees on Appropria21 tions of both Houses of Congress at least 30 days prior 

22 to the use of any proposed reprogramming that would 

23 cause any program funding level to increase or decrease 

24 by more than $500,000 or 10 percent, whichever is less, 

25 during the time period covered by this Act. 


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

2 waive the notification requirement in subsection (a) if 

3 compliance with such requirement would pose a substan4 tial risk to human health, the environment, welfare, or na5 tional security. 

6 (2) The Nuclear Regulatory Commission shall notify 

7 the Committees on Appropriations of both Houses of Con8 gress of any waiver under paragraph (1) as soon as prac9 ticable, but not later than 3 days after the date of the 

10 activity to which a requirement or restriction would other11 wise have applied. Such notice shall include an explanation 

12 of the substantial risk under paragraph (1) that permitted 

13 such waiver and shall provide a detailed report to the 

14 Committees of such waiver and changes to funding levels 

15 to programs, projects, or activities. 

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

17 (d), the amounts made available by this title for ‘‘Nuclear 

18 Regulatory Commission—Salaries and Expenses’’ shall be 

19 expended as directed in the report of the Committee on 

20 Appropriations accompanying this Act. 

21 (d) None of the funds provided for the Nuclear Regu22 latory Commission shall be available for obligation or ex23 penditure through a reprogramming of funds that in24 creases funds or personnel for any program, project, or 


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1 activity for which funds are denied or restricted by this 

2 Act. 

3 (e) The Commission shall provide a monthly report 

4 to the Committees on Appropriations of both Houses of 

5 Congress, which includes the following for each program, 

6 project, or activity, including any prior year appropria7 tions— 

8 (1) total budget authority; 

9 (2) total unobligated balances; and 

10 (3) total unliquidated obligations. 

11 TITLE V 

12 GENERAL PROVISIONS 

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

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

15 congressional action on any legislation or appropriation 

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in 18 U.S.C. 

18 1913. 

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

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

21 agency, or instrumentality of the United States Govern22 ment, except pursuant to a transfer made by or transfer 

23 authority provided in this Act or any other appropriations 

24 Act for any fiscal year, transfer authority referenced in 

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1 panying this Act, or any authority whereby a department, 

2 agency, or instrumentality of the United States Govern3 ment may provide goods or services to another depart4 ment, agency, or instrumentality. 

5 (b) None of the funds made available for any depart6 ment, agency, or instrumentality of the United States 

7 Government may be transferred to accounts funded in title 

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

9 transfer authority provided in this Act or any other appro10 priations Act for any fiscal year, transfer authority ref11 erenced in the report of the Committee on Appropriations 

12 accompanying this Act, or any authority whereby a de13 partment, agency, or instrumentality of the United States 

14 Government may provide goods or services to another de15 partment, agency, or instrumentality. 

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

17 funded in this Act utilizing any transfer authority shall 

18 submit to the Committees on Appropriations of both 

19 Houses of Congress a semiannual report detailing the 

20 transfer authorities, except for any authority whereby a 

21 department, agency, or instrumentality of the United 

22 States Government may provide goods or services to an23 other department, agency, or instrumentality, used in the 

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

25 shall include the amounts transferred and the purposes 


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

2 modify existing notification requirements for each author3 ity. 

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

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

6 12898 of February 11, 1994 (Federal Actions to Address 

7 Environmental Justice in Minority Populations and Low8 Income Populations). 

9 SEC. 504. (a) None of the funds made available in 

10 this Act may be used to maintain or establish a computer 

11 network unless such network blocks the viewing, 

12 downloading, and exchanging of pornography. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

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

18 Act may be used to further implementation of the coastal 

19 and marine spatial planning and ecosystem-based manage20 ment components of the National Ocean Policy developed 

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

22 SEC. 506. None of the funds made available in this 

23 Act, or federal funds provided from any other source, may 

24 be used to operate the Federal Columbia River Power Sys25 tem hydroelectric dams in a manner that is inconsistent 


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1 with the Army Corps of Engineers’ 2017 Fish Operations 

2 Plan. 

3 SEC. 507. None of the funds made available by this 

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

5 or operated dam unless the removal was previously author6 ized by Congress. 

7 SEC. 508. None of the funds made available by this 

8 Act may be used to conduct closure of adjudicatory func9 tions, technical review, or support activities associated 

10 with the Yucca Mountain geologic repository license appli11 cation, or for actions that irrevocably remove the possi12 bility that Yucca Mountain may be a repository option in 

13 the future. 

14 SPENDING REDUCTION ACCOUNT

15 SEC. 509. $0. 

16 This Act may be cited as the ‘‘Energy and Water De17 velopment and Related Agencies Appropriations Act, 

18 2019’’. 


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Union Calendar No. 540 

115TH CONGRESS 

2D SESSION H. R. 5895 

[Report No. 115–697] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2019, and for other pur- opment and related agencies for the fiscal year 

MAY 21, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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