Energy and Water Development and Related Agencies Appropriations Act, 2021

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2021, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, and for other purposes, namely: 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, $151,000,000, to remain available until expended: Provided Provided further 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); $2,619,855,000, 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 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, $365,000,000, 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, $3,838,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for 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 Provided Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $205,000,000, to remain available until September 30, 2022. 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, $210,000,000, 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, $35,000,000, 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, $200,000,000, to remain available until September 30, 2022, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided Provided further 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) Provided General provisions—corps of engineers—civil (including transfer of funds) 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 directly 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. 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. 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 $5,400,000 of funds provided in this title under the heading Operation and Maintenance 104. None of the funds in this Act shall be used for an open lake placement alternative for 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 section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 Provided 33 U.S.C. 2211 105. None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595). 106. None of the funds made available by this Act or any other Act may be used to reorganize or to transfer the Civil Works functions or authority of the Corps of Engineers or the Secretary of the Army to another department or agency. 107. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. 108. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act or any prior appropriations Acts for the Civil Works Program of the United States Army Corps of Engineers may be committed, obligated, expended, or otherwise used to design or construct a wall, fence, border barriers, or border security infrastructure along the southern border of the United States. 109. None of the funds made available by this Act may be used to issue a permit under section 404 of the Federal Water Pollution Control Act to a private entity or individual for the discharge of dredged or fill material from a project located within Water Conservation Areas 1, 2A, 2B, 3A, or 3B in the State of Florida, unless discharge is from a project that is generally available for the general public's or Tribe's use and benefit and serve a public purpose, which may include Tribal communities. 110. (a) When allocating the additional funding provided in this title under the headings Construction Mississippi River and Tributaries (b) For new construction projects, project cost sharing agreements shall be executed as soon as practicable but no later than September 30, 2021. (c) No allocation for a new start shall be considered final and no work allowance shall be made until the Secretary provides to the Committees on Appropriations of both Houses of Congress an out-year funding scenario demonstrating the affordability of the selected new starts and the impacts on other projects. (d) The Secretary shall not deviate from the new starts proposed in the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. 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, $20,000,000, to remain available until expended, of which $1,800,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided Provided further 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, $1,487,000,000, to remain available until expended, of which $58,476,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,584,000 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 Public Law 114–322 Provided further Provided further 16 U.S.C. 6806 Provided further 43 U.S.C. 395 Provided further 43 U.S.C. 397a Provided further 16 U.S.C. 1706 Provided further Public Law 114–322 Provided further Public Law 114–322 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, $55,875,000, 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 Provided Public Law 102–575 Provided further 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, $33,000,000, 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 Provided further 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 six regions of the Bureau of Reclamation, to remain available until September 30, 2022, $60,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided 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 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) $400,000 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, where 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 (d) The Bureau of Reclamation shall submit reports on a quarterly basis directly 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. 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 SJVDP—Alternative Repayment Plan Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 42 U.S.C. 10364(e) $530,000,000 $600,000,000 204. Title I of the CALFED Bay-Delta Authorization Act ( Public Law 108–361 Public Law 114–322 2020 2021 205. Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 2020 2021 206. Section 6002(g)(4) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 16 U.S.C. 1015(a) 2020 2021 207. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( Public Law 102–250 43 U.S.C. 2214(c) 2020 2021 (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( Public Law 102–250 43 U.S.C. 2241 2020 2021 208. Title VI of the Claims Resolution Act ( Public Law 111–291 42 U.S.C. 1305 (1) in section 602 by adding at the end— The term ‘611(g) Agreement’ means the agreement dated September 17, 2019, executed by the United States, the State, the Pueblos, the County, and the City pursuant to section 611(g). (24) 611(G) AGREEMENT.—The term ‘611(g) Agreement’ means the agreement dated September 17, 2019, executed by the United States, the State, the Pueblos, the County, and the City pursuant to section 611(g). . (2) in section 611(f)— (A) in subparagraph (1)(A) by striking $106,400,000 $243,400,000 (B) by amending subparagraph (B) of paragraph (1) to read as follows: (B) EXCEPTION.—Of the amount described in subparagraph (A)— (i) the initial $106,400,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as determined using applicable engineering cost indices; and (ii) any amounts made available in excess of the amount described in clause (i) shall be increased or decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2018, as determined using applicable engineering cost indices. ; and (C) in paragraph (3), by inserting and the 611(g) Agreement the Cost-Sharing and System Integration Agreement (3) in section 617(a)(1)(B)— (A) by striking $50,000,000 $187,000,000 (B) by striking 2024 2028 (4) in section 617(a)(4) by striking since October 1, 2006, as determined using applicable engineering cost indices pursuant to section 611(f)(1)(B) (5) in section 621 by striking subsection (a) and inserting the following: (a) APPROVAL.—To the extent the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement do not conflict with this title, the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement (including any amendments to the Settlement Agreement, the Cost Sharing and System Integration Agreement, and the 611(g) Agreement that are executed to make the Settlement Agreement, the Cost-Sharing and System Integration Agreement, or the 611(g) Agreement consistent with this title) are authorized, ratified, and confirmed. ; and (6) in section 623(e)— (A) in paragraph (2)— (i) by striking 2021 2025 (ii) by striking 2024 2028 (B) in paragraph (3), in the matter preceding subparagraph (A), by striking 2021 2025 (C) in paragraph (4)(B)(ii)(II), by striking 2023 2027 (D) in paragraph (5)(A), by striking 2024 2028 209. None of the funds provided in this Act may be used for the Shasta Dam and Reservoir Enlargement Project. 210. Section 10501 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 43 U.S.C. 407 (1) in subsection (b)(1), by striking For each of fiscal years 2020 through 2029 For fiscal year 2020 and each fiscal year thereafter (2) in subsection (c)— (A) in paragraph (1)(A), by striking for each of fiscal years 2020 through 2034 for fiscal year 2020 and each fiscal year thereafter (B) in paragraph (3)(C), by striking for any authorized use for any use authorized under paragraph (2). (3) by striking subsection (f). III Department of energy Energy programs Energy Efficiency and Renewable Energy (Including rescissions of funds) 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 Provided Provided further Public Law 111–8 Public Law 111–85 Provided further Cybersecurity, energy security, and emergency response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 Provided Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 Provided 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 Provided 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 30 U.S.C. 3 Provided Naval petroleum and oil shale reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,006,000, to remain available until expended: Provided 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 SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 42 U.S.C. 6241 Public Law 114–255 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 Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $126,800,000, 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 Provided Public Law 116–94 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, $821,583,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $21,284,000 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 Provided Nuclear waste disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425 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 Provided 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 Provided further Provided further Provided further Provided further Advanced technology vehicles manufacturing loan program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $5,000,000, to remain available until September 30, 2022. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2022. Office of Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 Provided 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 31 U.S.C. 1511 Provided Provided further Public Law 95–238 Provided further 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, $57,739,000, to remain available until September 30, 2022. 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 Provided Defense nuclear nonproliferation 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 Naval reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 Department of Energy—Energy Programs—Nuclear Energy Provided Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $454,000,000, to remain available until September 30, 2022, including official reception and representation expenses not to exceed $17,000. 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 Provided 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, $821,583,000, 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 Provided Power marketing administrations Bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454 Provided 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 Provided 31 U.S.C. 3302 Provided further Provided further 31 U.S.C. 3302 Provided further 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 Provided 31 U.S.C. 3302 16 U.S.C. 825s Provided further Provided further 31 U.S.C. 3302 Provided further 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 Provided 31 U.S.C. 3302 16 U.S.C. 825s 43 U.S.C. 392a Provided further Provided further 31 U.S.C. 3302 Provided further Falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,776,000, 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 31 U.S.C. 3302 Provided further Provided further Provided further Provided further 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 5 U.S.C. 3109 Provided Provided further General provisions—department of energy (including transfers of funds) 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 directly 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 (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 Department of Energy Title III—Department of Energy (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. (h) 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. 302. 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. 3094 303. 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 Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 304. 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. 305. Notwithstanding section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 42 U.S.C. 6247 306. (a) Of the offsetting collections, including unobligated balances of such collections, in the Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration Department of the Interior—Bureau of Reclamation—Upper Colorado River Basin Fund (b) No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration 307. (a) None of the funds made available in this Act or any other Act for any fiscal year may be used to take an action described in subsection (b) unless— (1) the Secretary of Energy submits a written notification to the Committees on Appropriations of both Houses of Congress regarding such action, including— (A) a detailed justification and information about the assumptions underlying such action; and (B) with respect to an action described in paragraph (1) or (3) of such subsection— (i) a preliminary cost range for the nuclear weapon program affected by such action; (ii) the estimated costs for such program during the five-year period following the notification; and (iii) the source and amount of funds for such action by program, project, or activity level. (2) a period of 15 business days elapses following the date of such notification. (b) An action described in this subsection is any of the following: (1) Approving the development of a new nuclear weapon or the modification of a nuclear weapon, including as described in section 179(d)(8) of title 10, United States Code. (2) Studying whether to develop a new or modified nuclear weapon. (3) Changing the scope of a nuclear weapon program if such change modifies the cost of such program by $300,000,000 or more. 308. None of the funds made available by this Act or any other Act making appropriations for energy and water development and related agencies for any fiscal year may be used to conduct, or make specific preparations for, any explosive nuclear weapons test that produces any yield. 309. None of the funds made available by this Act or any other Act making appropriations for energy and water development and related agencies may be used in furtherance of working through the Nuclear Weapons Council to guide, advise, assist, develop, or execute a budget for the National Nuclear Security Administration. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 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 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 382F(d), 382M, and 382N of said Act, $15,000,000, 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, $15,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided Public Law 105–277 Public Law 106–113 Provided further 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, $25,000,000, to remain available until expended: Provided 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, $1,000,000, to remain available until expended. Southwest border regional commission For expenses necessary for the Southwest Border 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, $849,900,000, including official representation expenses not to exceed $25,000, to remain available until expended: Provided 42 U.S.C. 5841(a)(2)(c) Provided further 31 U.S.C. 3302 Provided further Provided further Provided further 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, $13,499,000, to remain available until September 30, 2022: Provided Provided further Provided further 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 General provisions—independent agencies 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, consistent with Department of Justice guidance for all federal agencies. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission 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 funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission 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 and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory Commission—Salaries and Expenses (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. V General provisions (including transfer of funds) 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 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. 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). 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. VI Additional Infrastructure Investments Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations Provided, Provided further, Construction For an additional amount for Construction Provided, Public Law 109–103 33 U.S.C. 2221 Provided further, Public Law 99–662 33 U.S.C. 2212 Provided further, Provided further, Public Law 99–662 33 U.S.C. 2280 Provided further, 33 U.S.C. 701r 33 U.S.C. 701s Public Law 104–303 33 U.S.C. 2330 Public Law 99–662 33 U.S.C. 2309a Provided further, Mississippi River and Tributaries For an additional amount for Mississippi River and Tributaries Provided, Provided further, Public Law 99–662 33 U.S.C. 2280 Provided further, Alternative 5 Provided further, Operation and Maintenance For an additional amount for Operation and Maintenance Provided, Public Law 110–114 Provided further, Regulatory Program For an additional amount for Regulatory Program Provided, Formerly Utilized Sites Remedial Action Program For an additional amount for Formerly Utilized Sites Remedial Action Program Provided, Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies Provided, Provided further, Expenses For an additional amount for Expenses Provided, Department of the Interior Bureau of Reclamation Water and Related Resources (including transfers of funds) For an additional amount for Water and Related Resources (1) $50,000,000 shall be for water reclamation and reuse projects authorized under title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 (2) not less than $300,000,000 shall be for WaterSMART grants; (3) not less than $200,000,000 shall be for construction activities, for which the Federal share of the cost shall not be more than 50 percent and for which the non-Federal share of not less than 50 percent may be provided in cash or in-kind, related to projects found to be feasible by the Secretary of the Interior and which are ready to initiate for the repair of critical Reclamation canals where operational conveyance capacity has been seriously impaired by factors such as age or land subsidence, focusing on those that would imminently jeopardize Reclamation's ability to meet water delivery obligations; (4) not less than $605,000,000 shall be used for titles III, IV, V, and VI of the Claims Resolution Act of 2010 ( Public Law 111–291 Public Law 114–322 Public Law 111–11 Public Law 108–451 (5) not less than $100,000,000 shall be used for rural water projects and shall include water intake and treatment facilities of such projects; (6) $100,000,000 shall be for Environmental Restoration and Compliance; (7) $8,500,000 shall be for activity associated with emergency remediation or repair of any Reclamation facility which has had a failure or there is imminent threat of failure in 2020, in order to restore and maintain water deliveries for irrigation; (8) $100,000,000 shall be transferred to the Department of the Interior for programs, projects, and activities authorized by the Central Utah Project Completion Act (titles II–V of Public Law 102–575 Central Utah Project Completion Account (9) $250,000,000 shall be for programs, projects, and activities authorized by the Central Valley Project Improvement Act ( Public Law 102–575 (10) $250,000,000 shall be for programs, projects, and activities authorized by Title I of the California Bay-Delta Restoration Act ( Public Law 108–361 (11) $200,000,000 shall be for Section 10004 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 Provided, Provided further, Department of Energy Energy Efficiency and Renewable Energy For an additional amount for Energy Efficiency and Renewable Energy (1) $3,000,000,000 shall be for the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act ( Public Law 94–385 42 U.S.C. 6861 (2) $730,000,000 shall be for the State Energy Program authorized under part D of title III of the Energy Policy and Conservation Act ( Public Law 94–163 42 U.S.C. 6321 (3) $2,000,000,000 shall be for Energy Efficiency and Conservation Block Grants for implementation of programs authorized under subtitle E of title V of the Energy Independence and Security Act of 2007 ( Public Law 110–140 42 U.S.C. 17151 (4) $1,000,000,000 shall be for the Vehicles Technologies Office to develop electric and alternative vehicle infrastructure; (5) $500,000,000 shall be for the Advanced Manufacturing Office, of which— (A) $250,000,000 shall be for battery supply chain support; (B) $125,000,000 shall be for a grant program to improve energy efficiency at water and wastewater plants; and (C) $125,000,000 shall be for a domestic manufacturing conversion grant program authorized under section 132 of subtitle B in title I of the Energy Independence and Security Act of 2007 ( Public Law 110–140 42 U.S.C. 17011 (6) $200,000,000 shall be for grants to deploy solar and distributed energy systems in low-income and underserved communities, for which no cost share is required; (7) $100,000,000 shall be for the Hydrogen and Fuel Cell Technologies Office for H2@Scale demonstration and deployment activities related to hydrogen production, storage, transport, and infrastructure; (8) $230,000,000 shall be for facilities and infrastructure; and (9) $20,000,000 shall be for program direction: Provided, Provided further, Provided further, Provided further, Provided further, Electricity For an additional amount for Electricity (1) $2,000,000,000 shall be for grants and demonstrations to enhance the resilience, reliability, and energy security of electric infrastructure, to improve preparedness and restoration time to mitigate power disturbances, to continue delivery of power to critical facilities and electricity-dependent essential services, to enhance regional grid resilience, and to facilitate greater incorporation of renewable energy generation; (2) $56,500,000 shall be for construction of the Grid Storage Launchpad; (3) $500,000,000 shall be for energy storage demonstration projects across a portfolio of technologies and approaches; and (4) not less than $770,500,000 shall be for grants to manufacturers in the United States for the manufacturing of advanced batteries and components: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Nuclear Energy For an additional amount for Nuclear Energy (1) $700,000,000 shall be for the Advanced Reactor Demonstration Program; (2) not less than $192,300,000 shall be for the Advanced Small Modular Reactor program: Provided, Provided further, (A) technical feasibility that the demonstration can be operational in five to seven years; (B) likelihood that the design can be licensed for safe operations by the Nuclear Regulatory Commission; (C) use of certified fuel design or demonstration of a clear path to certification within five to seven years; (D) affordability of the design for full-scale construction and cost of electricity generation; (E) ability of the team to provide its portion of the cost share; and (F) technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; (3) $100,000,000 shall be for integrated hydrogen-nuclear demonstration projects; (4) $66,000,000 shall be for construction of the Sample Preparation Laboratory; (5) $61,700,000 shall be for Materials and Fuels Complex Plant Health Investments; and (6) $125,000,000 shall be for Advanced Test Reactor Recapitalization: Provided, Fossil Energy Research and Development For an additional amount for Fossil Energy Research and Development (1) $750,000,000 shall be for a carbon capture and utilization technology commercialization program to improve the efficiency, effectiveness, cost, and environmental performance of fossil fuel-fired facilities, including the industrial sector, through front end engineering design, commercial demonstration of advanced carbon capture technology projects, commercial demonstration of direct air capture technology projects, and commercialization projects of large-scale carbon dioxide storage sites in saline geological formations, including activities exploring, categorizing, and developing storage sites and necessary pipeline infrastructure; (2) not less than $239,500,000 shall be for demonstrations of negative emissions technologies; (3) $23,000,000 shall be for Joule 2 and Joule 3; (4) $25,000,000 shall be for the Computational Science and Engineering Center; (5) $25,000,000 shall be for the Extreme Condition Reactive Fluids Lab; (6) $25,000,000 shall be for the Materials and Minerals Characterization Center; (7) $25,000,000 shall be for the Combustion Development Facility; (8) $25,000,000 shall be for the Direct Air Capture Center; (9) $20,000,000 shall be for the Center for Data Analytics and Machine Learning; (10) $15,000,000 shall be for the Advanced Alloy Development Facility; (11) $15,000,000 shall be for the Carbon Utilization Center; (12) $15,000,000 shall be for the Scale-up Phenomena Laboratory; (13) $10,000,000 shall be for Materials Engineering Manufacturing laboratory upgrades; (14) $9,500,000 shall be for NETL campus infrastructure utilities; (15) $8,000,000 shall be for the Geological Environmental Science Center; (16) $6,000,000 shall be for Cross Cutting Research and Innovation Center laboratory renovations; and (17) $4,000,000 shall be for demolition of excess and aging infrastructure: Provided, Non-Defense Environmental Cleanup For an additional amount for Non-Defense Environmental Cleanup (1) $50,500,000 shall be for the Moab Uranium Mill Tailings Remedial Action Project; (2) $48,000,000 shall be for the Energy Technology Engineering Center; (3) $45,500,000 shall be for Lawrence Berkeley National Laboratory; and (4) $56,000,000 shall be for the West Valley Demonstration Project: Provided, Uranium Enrichment Decontamination and Decommissioning Fund For an additional amount for Uranium Enrichment Decontamination and Decommissioning Fund Provided, Science For an additional amount for Science (1) $340,000,000 shall be for procurement of the exascale systems at the Argonne Leadership Computing Facility; (2) $332,000,000 shall be for procurement of the exascale systems at the Oak Ridge Leadership Computing Facility; (3) $75,000,000 shall be for equipment and infrastructure for the Quantum Information Science Research Centers; (4) $100,000,000 shall be for existing advanced computing systems at the Leadership Computing Facilities; (5) $20,000,000 shall be for power upgrades at the National Energy Research Scientific Computing Center; (6) $4,530,000 shall be for the Exascale Computing Project; (7) $2,250,000 shall be for ESnet; (8) $1,500,000 shall be for National Energy Research Scientific Computing Center 9 infrastructure; (9) $1,300,000 shall be for the Argonne Leadership Computing Facility; (10) $700,000 shall be for the Oak Ridge Leadership Computing Facility; (11) $50,000,000 shall be for Environmental Molecular Sciences Laboratory equipment upgrades; (12) $50,000,000 shall be for Joint Genome Institute equipment upgrades; (13) $50,000,000 shall be for Atmospheric Radiation Measurement User Facility fixed and mobile sites equipment upgrades; (14) $214,000,000 shall be for the Linac Coherent Light Source-II-High Energy; (15) $207,300,000 shall be for the Spallation Neutron Source Second Target Station; (16) $200,000,000 shall be for Ames main building modernization; (17) $170,000,000 shall be for the Advanced Light Source Upgrade; (18) $151,000,000 shall be for the Advanced Photon Source Upgrade; (19) $91,200,000 shall be for the Spallation Neutron Source Proton Power Upgrade; (20) $75,000,000 shall be for the Linac Coherent Light Source-II; (21) $73,000,000 shall be for the Cryomodule Repair & Maintenance Facility; (22) $60,000,000 shall be for Nanoscale Science Research Centers Recapitalization; (23) $59,500,000 shall be for NSLS-II Experimental Tools-II; (24) $65,000,000 shall be for ITER; (25) $110,000,000 shall be for the Matter in Extreme Conditions Upgrade; (26) $134,254,000 shall be for Materials Plasma Exposure experiment equipment; (27) $641,000,000 shall be for Long Baseline Neutrino Facility; (28) $284,380,000 shall be for the Proton Improvement Plan II; (29) $200,300,000 shall be for Large Hadron Collider computing and equipment; (30) $100,000,000 shall be for Wilson Hall renovations; (31) $62,000,000 shall be for Cosmic Microwave Background - Stage 4; (32) $9,000,000 shall be for Muon to Electron Conversion Experiment equipment; (33) $6,000,000 shall be for Super Cryogenic Dark Matter Search equipment; (34) $2,100,000 shall be for the Large Synoptic Survey Telescope project; (35) $448,200,000 shall be for the Electron Ion Collider; (36) $202,900,000 shall be for the U.S. Stable Isotope Production and Research Center; (37) $145,500,000 shall be for Ton Scale Neutrinoless Double Beta Decay equipment; (38) $87,000,000 shall be for the High Rigidity Spectrometer; (39) $45,000,000 shall be for isotope capabilities at the Facility for Rare Isotope Beams; (40) $43,100,000 shall be for Measurement of a Lepton-Lepton Electroweak Reaction equipment; (41) $39,100,000 shall be for the Gamma-Ray Energy Tracking Array; (42) $2,400,000 shall be for Super Pioneering High Energy Nuclear Interaction Experiment equipment; (43) $1,000,000 shall be for Facility for Rare Isotope Beams construction; (44) $77,000,000 shall be for the Utilities Infrastructure Project; (45) $65,000,000 shall be for the ORNL Infrastructure Improvements project; (46) $63,000,000 shall be for the Linear Assets Modernization Project; (47) $211,036,000 shall be for General Plant Projects; (48) $73,000,000 shall be for the Argonne Utilities Upgrade project; (49) $107,000,000 shall be for the Critical Utilities Infrastructure Revitalization project; (50) $52,000,000 shall be for the Critical Utilities Rehabilitation Project; (51) $83,750,000 shall be for the BioEPIC Building; (52) $59,000,000 shall be for the Princeton Plasma Innovation Center; (53) $70,000,000 shall be for CEBAF Renovation and Expansion; (54) $59,500,000 shall be for the Critical Infrastructure Recovery and Renewal project; (55) $75,400,000 shall be for the Seismic and Safety Modernization project; (56) $50,000,000 shall be for the Craft Resource Facility; (57) $45,000,000 shall be for the Large Scale Collaboration Center; (58) $43,000,000 shall be for the Science User Support Center; (59) $39,750,000 shall be for the Translational Research Capacity construction project; (60) $28,000,000 shall be for the Ames Infrastructure Modernization project; (61) $5,750,000 shall be for the Energy Sciences Capability project; (62) $5,500,000 shall be for the Integrated Engineering Research Center; (63) $1,400,000 shall be for Tritium System Demolition and Disposal; (64) $1,300,000 shall be for the Core Facility Revitalization construction project; (65) $1,000,000 shall be for the Electrical Capacity and Distribution Capability project; (66) $65,000,000 shall be for the TJNAF Infrastructure Improvement project; and (67) $12,100,000 shall be for addressing Office of Science cybersecurity infrastructure deficiencies: Provided, Advanced Research Projects Agency—Energy For an additional amount for Advanced Research Projects Agency—Energy Provided, Office of Indian Energy Policy and Programs For an additional amount for Office of Indian Energy Policy and Programs Provided, Provided further, Office of the Inspector General For an additional amount for Office of the Inspector General Public Law 95–452 Provided, Defense Environmental Cleanup For an additional amount for Defense Environmental Cleanup (1) $941,000,000 shall be for the Hanford Site, of which— (A) $350,000,000 shall be for site infrastructure upgrades; (B) $230,000,000 shall be for tank farm infrastructure; (C) $175,000,000 shall be for Area 105 K West Basin disposition; (D) $71,000,000 shall be for Area 300/296 Waste Site remediation; (E) $50,000,000 shall be for River Corridor decontamination and decommissioning; (F) $35,000,000 shall be for tank farm evaporator upgrades; and (G) $30,000,000 shall be for A/AX farms single shell tank retrievals; (2) $711,000,000 shall be for the Savannah River Site, of which— (A) $200,000,000 shall be for H Canyon Basin Dewatering Project; (B) $140,000,000 shall be for building 235-F decontamination and decommissioning; (C) $82,000,000 shall be for utilities system upgrades; (D) $75,000,000 shall be for roads and related infrastructure; (E) $75,000,000 shall be for critical spares and infrastructure at the Defense Waste Processing Facility; (F) $60,000,000 shall be for Separations Engineering Development decontamination and decommissioning; (G) $32,000,000 shall be for Salt Disposal Units 8-12; (H) $25,000,000 shall be for the Nuclear Materials Storage Vault; and (I) $22,000,000 shall be for Defense Waste Processing Facility laboratory instruments and computers; (3) $375,000,000 shall be for the Waste Isolation Pilot Plant, of which— (A) $200,000,000 shall be for the Hoist Capability Project; (B) $90,000,000 shall be for the Safety Significant Ventilation Confinement System; (C) $55,000,000 shall be for shipping system upgrades and shielded containers; and (D) $30,000,000 shall be for underground combustion fume reduction activities; (4) $240,000,000 shall be for the Idaho Site, of which— (A) $124,000,000 shall be for accelerated cleanup, decontamination and decommissioning, and groundwater; (B) $72,000,000 shall be for infrastructure improvements, (C) $24,000,000 shall be for shielded containers and assay equipment; and (D) $20,000,000 shall be for Idaho Nuclear Technology and Engineering Center infrastructure; (5) $140,000,000 shall be for the Oak Ridge Site, of which— (A) $90,000,000 shall be for Y-12 National Security Complex and Oak Ridge National Laboratory excess facilities decontamination and decommissioning; (B) $30,000,000 shall be for liquid gaseous waste operating facilities decontamination and decommissioning; and (C) $20,000,000 shall be for Transuranic Waste Processing Center infrastructure; (6) $170,000,000 shall be for Lawrence Livermore National Laboratory excess facilities decontamination and decommissioning; (7) $58,000,000 shall be for Los Alamos excess facilities decontamination and decommissioning; and (8) $50,000,000 shall be for Los Alamos middle DP road site investigation and remediation: Provided, Other Defense Activities For an additional amount for Other Defense Activities Provided, 50 U.S.C. 3094 Provided further, General Provisions—Additional Infrastructure Investments 601. The heads of agencies funded under this title shall submit a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation, and expenditures of these funds, including new projects selected to be initiated with funds provided in this title, beginning not later than 45 days after the date of enactment of this Act. 602. The Secretary of Energy shall, in consultation with the Secretaries of Health and Human Services, Housing and Urban Development, and Veterans Affairs, develop an inter-agency collaboration effort to increase cross-participation in the Department of Energy’s Weatherization Assistance Program, the Department of Health and Human Services Low Income Home Energy Assistance Program, the HUD Lead Hazard Control and Healthy Homes Program, and the Department of Veterans Affairs. 603. The Secretary of Energy shall, within funds made available in this title, distribute funds to WAP grantees via the formula in part A of title IV of the Energy Conservation and Production Act ( Public Law 94–385 42 U.S.C. 6861 604. (a) Section 415(c)(1) of the Energy Conservation and Production Act ( Public Law 94–385 42 U.S.C. 6865(c)(1) $6,500 $10,000 (b) Section 415(a)(1) of the Energy Conservation and Production Act ( Public Law 94–385 42 U.S.C. 6865(a)(1) 10 percent 12.5 percent (c) Paragraph (2) of section 415(c) of the Energy Conservation and Production Act ( Public Law 94–385 42 U.S.C. 6865(c)(2) (2) Dwelling units weatherized (including dwelling units partially weatherized) under this part, or under other Federal programs (in this paragraph referred to as ‘previous weatherization’), may not receive further financial assistance for weatherization under this part until the date that is 15 years after the date such previous weatherization was completed. This paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services (including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials) other than weatherization under this part or under other Federal programs, or from receiving non-Federal assistance for weatherization. 605. (a) No later than 6 months after the date of enactment of this Act, the Secretary of Energy, in coordination with the Secretary of Commerce, shall— (1) determine any geographic area within the contiguous United States that lacks a Federal power marketing agency; (2) develop a plan or criteria for the geographic areas identified in paragraph (1) regarding investment in renewable energy and associated infrastructure within an area identified in paragraph (1); and (3) identify any Federal agency within an area in paragraph (1) that has, or could develop, the ability to facilitate the investment in paragraph (2). (b) The Secretary of Energy, in coordination with the Secretary of Commerce, shall provide the determinations made under subsection (a) to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives. (c) Based upon the determinations made pursuant to subsection (a), the Secretary of Energy, in coordination with the Secretary of Commerce, shall recommend to the Committee on Energy and Commerce of the House of Representatives the establishment of any new Federal lending authority, including authorization of additional lending authority for existing Federal agencies, not to exceed $3,500,000,000 per geographic area identified in subsection (a)(1). (d) There is hereby appropriated $25,000,000 to carry out this section. (e) The amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 606. (a) Requirements relating to non-Federal cost-share grants and cooperative agreements for the Delta Regional Authority under section 382D of the Agricultural Act of 1961 and Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa—3) are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID-19). (b) Requirements relating to non-Federal cost-share grants and cooperative agreements for the Northern Border Regional Commission under section 15501(d) of title 40, United States Code, are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID-19). (c) Requirements relating to non-Federal cost-share grants and cooperative agreements for the Denali Commission are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID-19). 607. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2021 July 15, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Energy and Water Development and Related Agencies Appropriations Act, 2021 This bill provides FY2021 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission. The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for Investigations, Construction, Mississippi River and Tributaries, Operation and Maintenance, the Regulatory Program, the Formerly Utilized Sites Remedial Action Program, Flood Control and Coastal Emergencies, Expenses, and the Office of the Assistant Secretary of the Army for Civil Works. The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. The bill provides appropriations to DOE for Energy Programs, including Energy Efficiency and Renewable Energy; Cybersecurity, Energy Security, and Emergency Response; Electricity; Nuclear Energy; Fossil Energy Research and Development; Naval Petroleum and Oil Shale Reserves; the Strategic Petroleum Reserve; the Northeast Home Heating Oil Reserve; the Energy Information Administration; Non-Defense Environmental Cleanup; the Uranium Enrichment Decontamination and Decommissioning Fund; Science; Nuclear Waste Disposal; the Advanced Research Projects Agency--Energy; the Title 17 Innovative Technology Loan Guarantee Program; the Advanced Technology Vehicles Manufacturing Loan Program; the Tribal Energy Loan Guarantee Program; the Office of Indian Energy Policy and Programs; Departmental Administration; and the Office of the Inspector General. The bill also provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, Environmental and Other Defense Activities, and the Power Marketing Administrations. The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission. The bill sets forth permissible and prohibited uses for funds provided by this and other appropriations Acts.