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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for en-
ergy and water development and related agencies for the 
fiscal year ending September 30, 2019, and for other pur-
poses, namely: 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to river 
and harbor, flood and storm damage reduction, shore pro-
tection, 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 re-
lated needs; for surveys and detailed studies, and plans 
and specifications of proposed river and harbor, flood and 
storm damage reduction, shore protection, and aquatic 
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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, $128,000,000, to remain 
available until expended: Provided, That the Secretary 
shall initiate six new study starts during fiscal year 2019: 
Provided further, That 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. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, 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 specifica-
tions, shall not constitute a commitment of the Govern-
ment to construction); $2,323,000,000, to remain avail-
able until expended; of which such sums as are necessary 
to cover the Federal share of construction costs for facili-
ties under the Dredged Material Disposal Facilities pro-
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gram shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104–303; and of which 
such sums as are necessary to cover one-half of the costs 
of construction, replacement, rehabilitation, and expansion 
of inland waterways projects shall be derived from the In-
land Waterways Trust Fund, except as otherwise specifi-
cally provided for in law: Provided, That the Secretary 
shall initiate five new construction starts during fiscal year 
2019: Provided further, That for new construction 
projects, project cost sharing agreements shall be executed 
as soon as practicable but no later than August 31, 2019: 
Provided further, That 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 Appro-
priations of both Houses of Congress an out-year funding 
scenario demonstrating the affordability of the selected 
new starts and the impacts on other projects: Provided 
further, That the Secretary may 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. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River allu-
vial valley below Cape Girardeau, Missouri, as authorized 
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by law, $430,000,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for in-
land harbors shall be derived from the Harbor Mainte-
nance Trust Fund. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, mainte-
nance, 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, includ-
ing 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 con-
necting waters; clearing and straightening channels; and 
removing obstructions to navigation, $3,820,000,000, to 
remain available until expended, of which such sums as 
are necessary to cover the Federal share of eligible oper-
ation and maintenance costs for coastal harbors and chan-
nels, and for inland harbors shall be derived from the Har-
bor Maintenance Trust Fund; of which such sums as be-
come available from the special account for the Corps of 
Engineers established by the Land and Water Conserva-
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tion Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the 
areas at which outdoor recreation is available; and of 
which such sums as become available from fees collected 
under section 217 of Public Law 104–303 shall be used 
to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which such fees 
have been collected: Provided, That 1 percent of the total 
amount of funds provided for each of the programs, 
projects, or activities funded under this heading shall not 
be allocated to a field operating activity prior to the begin-
ning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such 
emergency activities as the Chief of Engineers determines 
to be necessary and appropriate, and that the Chief of En-
gineers shall allocate during the fourth quarter any re-
maining funds which have not been used for emergency 
activities proportionally in accordance with the amounts 
provided for the programs, projects, or activities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$200,000,000, to remain available until September 30, 
2020. 
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FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $150,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurri-
cane, 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 re-
main available until expended. 
EXPENSES 
For expenses necessary for the supervision and gen-
eral administration of the civil works program in the head-
quarters of the Corps of Engineers and the offices of the 
Division Engineers; and for costs of management and op-
eration of the Humphreys Engineer Center Support Activ-
ity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Cen-
ter allocable to the civil works program, $187,000,000, to 
remain available until September 30, 2020, of which not 
to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal 
year: Provided, That no part of any other appropriation 
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provided in this title shall be available to fund the civil 
works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management ac-
tivities of the division offices: Provided further, That any 
Flood Control and Coastal Emergencies appropriation 
may be used to fund the supervision and general adminis-
tration of emergency operations, repairs, and other activi-
ties in response to any flood, hurricane, or other natural 
disaster. 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 
FOR CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until September 30, 2020: 
Provided, That not more than 25 percent of such amount 
may be obligated or expended until the Assistant Sec-
retary submits to the Committees on Appropriations of 
both Houses of Congress a work plan that allocates at 
least 95 percent of the additional funding provided under 
each heading in this title (as designated under such head-
ing in the report of the Committee on Appropriations ac-
companying this Act) to specific programs, projects, or ac-
tivities. 
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Maintenance’’ to mitigate for fisheries lost due to Corps 
of Engineers projects. 
SEC. 104. None of the funds in this Act shall be used 
for an open lake placement alternative for dredged mate-
rial, after evaluating the least costly, environmentally ac-
ceptable 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, That 
until an open lake placement alternative for dredged mate-
rial is approved under a State water quality certification, 
the Corps of Engineers shall continue upland placement 
of such dredged material consistent with the requirements 
of section 101 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2211). 
SEC. 105. None of the funds made available in this 
title may be used for any acquisition of buoy chain that 
is not consistent with 48 CFR 225.7007, subsections 
(a)(1) and (a)(2). 
SEC. 106. 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, Ken-
tucky, project authorized under the Act of July 24, 1946 
(60 Stat. 636, ch. 595). 
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SEC. 107. Notwithstanding section 404(f)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(2)), none of the funds made available by this Act 
may be used to require a permit for the discharge of 
dredged or fill material under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) for the activities 
identified in subparagraphs (A) and (C) of section 
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
SEC. 108. The final rule issued by the Administrator 
of the Environmental Protection Agency and the Secretary 
of the Army entitled ‘‘Clean Water Rule: ‘Definition of 
Waters of the United States’ ’’ (80 Fed. Reg. 37053 (June 
29, 2015)) is repealed, and, until such time as the Admin-
istrator and the Secretary issue a final rule after the date 
of enactment of this Act defining the scope of waters pro-
tected under the Federal Water Pollution Control Act and 
such new final rule goes into effect, any regulation or pol-
icy revised under, or otherwise affected as a result of, the 
rule repealed by this section shall be applied as if that 
repealed rule had not been issued. 
SEC. 109. As of the date of enactment of this Act 
and each fiscal year thereafter, the Secretary of the Army 
shall not promulgate or enforce any regulation that pro-
hibits an individual from possessing a firearm, including 
an assembled or functional firearm, at a water resources 
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development project covered under section 327.0 of title 
36, Code of Federal Regulations (as in effect on the date 
of enactment of this Act), if— 
(1) the individual is not otherwise prohibited by 
law from possessing the firearm; and 
(2) the possession of the firearm is in compli-
ance with the law of the State in which the water 
resources development project is located. 
SEC. 110. For fiscal year 2019, none of the funds 
provided in this Act or available in the revolving fund es-
tablished by the Civil Functions Appropriations Act of 
1954 (33 U.S.C. 576(a)) may be obligated or expended 
on a new hopper dredge. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $15,000,000, to remain 
available until expended, of which $898,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission: Provided, That of 
the amount provided under this heading, $1,398,675 shall 
be available until September 30, 2020, for expenses nec-
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essary in carrying out related responsibilities of the Sec-
retary of the Interior: Provided further, That for fiscal 
year 2019, of the amount made available to the Commis-
sion under this Act or any other Act, the Commission may 
use an amount not to exceed $1,500,000 for administra-
tive expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to 
execute authorized functions of the Bureau of Reclama-
tion: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally 
recognized Indian tribes, and others, $1,381,992,000, to 
remain available until expended, of which $67,393,000 
shall be available for transfer to the Upper Colorado River 
Basin Fund and $5,551,000 shall be available for transfer 
to the Lower Colorado River Basin Development Fund; 
of which such amounts as may be necessary may be ad-
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vanced to the Colorado River Dam Fund: Provided, That 
such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, 
That of the total appropriated, the amount for program 
activities that can be financed by the Reclamation Fund 
or the Bureau of Reclamation special fee account estab-
lished by 16 U.S.C. 6806 shall be derived from that Fund 
or account: Provided further, That funds contributed 
under 43 U.S.C. 395 are available until expended for the 
purposes for which the funds were contributed: Provided 
further, That funds advanced under 43 U.S.C. 397a shall 
be credited to this account and are available until ex-
pended for the same purposes as the sums appropriated 
under this heading: Provided further, That of the amounts 
provided herein, funds may be used for high-priority 
projects which shall be carried out by the Youth Conserva-
tion Corps, as authorized by 16 U.S.C. 1706. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habi-
tat restoration, improvement, and acquisition provisions of 
the Central Valley Project Improvement Act, $62,008,000, 
to be derived from such sums as may be collected in the 
Central Valley Project Restoration Fund pursuant to sec-
tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102–575, to remain available until expended: Provided, 
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(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 Commit-
tees 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 avail-
able 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 avail-
able at the beginning of the fiscal year; 
(6) transfers more than $500,000 from either 
the Facilities Operation, Maintenance, and Rehabili-
tation 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 de-
ficiency judgments. 
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(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of both Houses of Congress detailing all the funds repro-
grammed between programs, projects, activities, or cat-
egories of funding. The first quarterly report shall be sub-
mitted not later than 60 days after the date of enactment 
of this Act. 
SEC. 202. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine 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 En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
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Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program— 
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
native Repayment Plan’’ described in the report entitled 
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 1995’’, prepared by the Department of the Interior, 
Bureau of Reclamation. Any future obligations of funds 
by the United States relating to, or providing for, drainage 
service or drainage studies for the San Luis Unit shall 
be fully reimbursable by San Luis Unit beneficiaries of 
such service or studies pursuant to Federal reclamation 
law. 
SEC. 203. Hereinafter, notwithstanding any other 
provision of law, during the period from November 1 
through April 30, water users may use their diversion 
structures for the purpose of recharging the Eastern 
Snake Plain Aquifer, when the Secretary, in consultation 
with the Advisory Committee and Water District 1 
watermaster, determines there is water available in excess 
of that needed to satisfy existing Minidoka Project storage 
and hydropower rights and ensure operational flexibility. 
SEC. 204. Section 9001(d) of the Omnibus Public 
Land Management Act of 2009 (Public Law 111–11; 123 
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Stat. 1295) is amended by striking ‘‘10’’ and inserting 
‘‘20’’. 
SEC. 205. None of the funds in this Act shall be avail-
able to implement the Stipulation of Settlement (Natural 
Resources Defense Council, et al. v. Kirk Rodgers, et al., 
Eastern District of California, No. Civ. 9 S–88–1658 
LKK/GGH) or subtitle A of title X of Public Law 111– 
11. 
SEC. 206. None of the funds in this Act shall be avail-
able for the purchase of water in the State of California 
to supplement instream flow within a river basin that has 
suffered a drought within the last two years. 
SEC. 207. Section 9(c)(1) of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h(c)(1)) is amended by insert-
ing ‘‘and pumped storage hydropower development exclu-
sively using Bureau of Reclamation reservoirs’’ after ‘‘in-
cluding small conduit hydropower development’’. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
efficiency and renewable energy activities in carrying out 
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the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$2,078,640,000, to remain available until expended: Pro-
vided, That of such amount, $153,700,000 shall be avail-
able until September 30, 2020, for program direction. 
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY 
RESPONSE 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
sector cybersecurity, energy security, and emergency re-
sponse activities in carrying out the purposes of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisi-
tion, construction, or expansion, $146,000,000, to remain 
available until expended: Provided, That of such amount, 
$11,500,000 shall be available until September 30, 2020, 
for program direction. 
ELECTRICITY DELIVERY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for elec-
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