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. 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, ex-
cept that such amounts may include any funds that have 
been made available through reprogramming pursuant to 
section 101. 
SEC. 103. The Secretary of the Army may transfer 
to the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $5,400,000 of funds 
provided in this title under the heading ‘‘Operation and 
Maintenance’’ to mitigate for fisheries lost due to Corps 
of Engineers projects. 
SEC. 104. None of the funds 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 
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Pollution Control Act (33 U.S.C. 1341); Provided further, 
That until an open lake placement alternative for dredged 
material is approved under a State water quality certifi-
cation, the Corps of Engineers shall continue upland 
placement of such dredged material consistent with the re-
quirements of section 101 of the Water Resources Devel-
opment 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 that is not consistent 
with 48 CFR 225.7007. 
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). 
SEC. 107. The Secretary of the Army, acting through 
the Chief of Engineers, may accept from the Trinity River 
Authority of Texas, if received by September 30, 2016, 
$31,233,401 as payment in full for amounts owed to the 
United States, including any accrued interest, for the ap-
proximately 61,747.1 acre-feet of water supply storage 
space in Joe Pool Lake, Texas (previously known as 
Lakeview Lake) for which payment has not commenced 
under Article 5.a. (relating to project investment costs) 
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of contract number DACW63-76-C-0106 as of the date 
of enactment of this section. 
SEC. 108. None of the funds made available in this 
or any other Act making appropriations for Energy and 
Water Development for any fiscal year may be used by 
the Corps of Engineers to develop, adopt, implement, ad-
minister, or enforce any change to the regulations in effect 
on October 1, 2012, pertaining to the definitions of the 
terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 
purposes of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
SEC. 109. 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. 110. None of the funds made available in this 
or any other Act making appropriations for Energy and 
Water Development for any fiscal year may be used by 
the Corps of Engineers to develop, adopt, implement, ad-
minister, or enforce any change to the regulations and 
guidance in effect on October 1, 2012, pertaining to the 
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definition of waters under the jurisdiction of the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), in-
cluding the provisions of the rules dated November 13, 
1986, and August 25, 1993, relating to such jurisdiction, 
and the guidance documents dated January 15, 2003, and 
December 2, 2008, relating to such jurisdiction. 
SEC. 111. 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 
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. 
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, $11,000,000, to remain 
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available until expended, of which $1,300,000 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, $1,350,000 shall 
be available until September 30, 2018, for expenses nec-
essary in carrying out related responsibilities of the Sec-
retary of the Interior: Provided further, That for fiscal 
year 2017, 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 
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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, $55,606,000, 
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, 
That the Bureau of Reclamation is directed to assess and 
collect the full amount of the additional mitigation and 
restoration payments authorized by section 3407(d) of 
Public Law 102–575: Provided further, That none of the 
funds made available under this heading may be used for 
the acquisition or leasing of water for in-stream purposes 
if the water is already committed to in-stream purposes 
by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
consistent with plans to be approved by the Secretary of 
the Interior, $36,000,000, to remain available until ex-
pended, 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 
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out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the 
costs of CALFED Program management: Provided fur-
ther, That CALFED implementation shall be carried out 
in a balanced manner with clear performance measures 
demonstrating concurrent progress in achieving the goals 
and objectives of the Program. 
POLICY AND ADMINISTRATION 
For expenses necessary for policy, administration, 
and related functions in the Office of the Commissioner, 
the Denver office, and offices in the five regions of the 
Bureau of Reclamation, to remain available until Sep-
tember 30, 2018, $59,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 
43 U.S.C. 377: Provided, That no part of any other appro-
priation in this Act shall be available for activities or func-
tions budgeted as policy and administration expenses. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed five passenger 
motor vehicles, which are for replacement only. 
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GENERAL PROVISIONS—DEPARTMENT OF THE 
INTERIOR 
SEC. 201. (a) None of the funds provided in this title 
shall be available for obligation or expenditure through a 
reprogramming of funds that— 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or 
activity for which funds have been denied or re-
stricted 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 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) $300,000 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-
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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. 
(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 
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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 
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. Section 205(2) of division D of Public Law 
114–113 is amended by striking ‘‘2016’’ and inserting 
‘‘2017’’. 
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SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR 
FLOW REQUIREMENTS 
SEC. 204. (a) To maximize water supplies for the 
Central Valley Project and the State Water Project, in im-
plementing the provisions of the smelt biological opinion 
or salmonid biological opinion, or any successor biological 
opinions or court orders, pertaining to management of re-
verse flow in the Old and Middle Rivers, the Secretary 
of the Interior shall— 
(1) consider the relevant provisions of the appli-
cable biological opinions or any successor biological 
opinions; 
(2) manage export pumping rates to achieve a 
reverse OMR flow rate of -5,000 cubic feet per sec-
ond unless existing information or that developed by 
the Secretary of the Interior under paragraphs (3) 
and (4) leads the Secretary to reasonably conclude, 
using the best scientific and commercial data avail-
able, that a less negative OMR flow rate is necessary 
to avoid a significant negative impact on the long- 
term survival of the species covered by the smelt bio-
logical opinion or salmonid biological opinion. If the 
best scientific and commercial data available to the 
Secretary indicates that a reverse OMR flow rate 
more negative than -5,000 cubic feet per second can 
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avoid a significant negative impact on the long-term 
survival of species covered by the smelt biological 
opinion or salmonid biological opinion, and provide, 
in writing, an explanation of the data examined and 
the connection between those data and the choice 
made, after considering— 
(A) 
the 
distribution 
of 
Delta 
smelt 
throughout the Delta; 
(B) the potential effects of documented, 
quantified entrainment on subsequent Delta 
smelt abundance; 
(C) the water temperature; 
(D) other significant factors relevant to 
the determination; and 
(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and 
(5) for any subsequent smelt biological opinion 
or salmonid biological opinion, make the showing re-
quired in paragraph (4) for any determination to 
manage OMR reverse flow at rates less negative 
than the most negative limit in the biological opinion 
if the most negative limit in the biological opinion is 
more negative than -5,000 cubic feet per second. 
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(b) NO REINITIATION OF CONSULTATION.—In imple-
menting or at the conclusion of actions under subsection 
(a), the Secretary of the Interior or the Secretary of Com-
merce shall not reinitiate consultation on those adjusted 
operations unless there is a significant negative impact on 
the long-term survival of the species covered by the smelt 
biological opinion or salmonid biological opinion. Any ac-
tion taken under subsection (a) that does not create a sig-
nificant negative impact on the long-term survival to spe-
cies covered by the smelt biological opinion or salmonid 
biological opinion will not alter application of the take per-
mitted by the incidental take statement in the biological 
opinion under section 7(o)(2) of the Endangered Species 
Act of 1973. 
(c) CALCULATION OF REVERSE FLOW IN OMR.— 
Within 90 days of the enactment of this title, the Sec-
retary of the Interior is directed, in consultation with the 
California Department of Water Resources to revise the 
method used to calculate reverse flow in Old and Middle 
Rivers, for implementation of the reasonable and prudent 
alternatives in the smelt biological opinion and the 
salmonid biological opinion, and any succeeding biological 
opinions, for the purpose of increasing Central Valley 
Project and State Water Project water supplies. The 
method of calculating reverse flow in Old and Middle Riv-
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ers shall be reevaluated not less than every five years 
thereafter to achieve maximum export pumping rates 
within limits established by the smelt biological opinion, 
the salmonid biological opinion, and any succeeding bio-
logical opinions. 
TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW 
STORMS OF THE WATER YEAR 
SEC. 205. (a) IN GENERAL.—Consistent with avoid-
ing an immediate significant negative impact on the long- 
term survival upon listed fish species over and above the 
range of impacts authorized under the Endangered Spe-
cies Act of 1973 and other environmental protections 
under subsection (d), the Secretary of the Interior and the 
Secretary of Commerce shall authorize the Central Valley 
Project and the California State Water Project, combined, 
to operate at levels that result in negative OMR flows at 
-7,500 cubic feet per second (based on United States Geo-
logical Survey gauges on Old and Middle Rivers) daily av-
erage as described in subsections (b) and (c) to capture 
peak flows during storm events. 
(b) DAYS
OF TEMPORARY OPERATIONAL FLEXI-
BILITY.—The temporary operational flexibility described 
in subsection (a) shall be authorized on days that the Cali-
fornia Department of Water Resources determines the net 
Sacramento-San Joaquin River Delta outflow index is at, 
or above, 13,000 cubic feet per second. 
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(c) COMPLIANCE WITH ENDANGERED SPECIES ACT 
AUTHORIZATIONS.—In carrying out this section, the Sec-
retary of the Interior and the Secretary of Commerce may 
continue to impose any requirements under the smelt bio-
logical opinion and salmonid biological opinion during any 
period of temporary operational flexibility as they deter-
mine are reasonably necessary to avoid additional signifi-
cant negative impacts on the long-term survival of a listed 
fish species over and above the range of impacts author-
ized under the Endangered Species Act of 1973, provided 
that the requirements imposed do not reduce water sup-
plies available for the Central Valley Project and the Cali-
fornia State Water Project. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) STATE LAW.—The actions of the Secretary 
of the Interior and the Secretary of Commerce under 
this section shall be consistent with applicable regu-
latory requirements under State law. The foregoing 
does not constitute a waiver of sovereign immunity. 
(2) FIRST SEDIMENT FLUSH.—During the first 
flush of sediment out of the Sacramento-San Joa-
quin River Delta in each water year, and provided 
that such determination is based upon objective evi-
dence, OMR flow may be managed at rates less neg-
ative than -5,000 cubic feet per second for a min-
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imum duration to avoid movement of adult Delta 
smelt (Hypomesus transpacificus) to areas in the 
southern Sacramento-San Joaquin River Delta that 
would be likely to increase entrainment at Central 
Valley Project and California State Water Project 
pumping plants. 
(3) APPLICABILITY OF OPINION.—This section 
shall not affect the application of the salmonid bio-
logical opinion from April 1 to May 31, unless the 
Secretary of Commerce finds, based on the best sci-
entific and commercial data available, that some or 
all of such applicable requirements may be adjusted 
during this time period to provide emergency water 
supply relief without resulting in additional adverse 
effects over and above the range of impacts author-
ized under the Endangered Species Act of 1973. In 
addition to any other actions to benefit water sup-
ply, the Secretary of the Interior and the Secretary 
of Commerce shall consider allowing through-Delta 
water transfers to occur during this period if they 
can 
be 
accomplished 
consistent 
with 
section 
3405(a)(1)(H) of the Central Valley Project Im-
provement Act. Water transfers solely or exclusively 
through the California State Water Project that do 
not require any use of Reclamation facilities or ap-
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proval by Reclamation are not required to be con-
sistent with section 3405(a)(1)(H) of the Central 
Valley Project Improvement Act. 
(4) MONITORING.—During operations under 
this section, the Commissioner of Reclamation, in 
coordination with the United States Fish and Wild-
life Service, National Marine Fisheries Service, and 
California Department of Fish and Wildlife, shall 
undertake expanded monitoring programs and other 
data gathering to improve Central Valley Project 
and California State Water Project water supplies, 
to ensure incidental take levels are not exceeded, and 
to identify potential negative impacts, if any, and ac-
tions necessary to mitigate impacts of the temporary 
operational flexibility to species listed under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
(e) EFFECT OF HIGH OUTFLOWS.—In recognition of 
the high outflow levels from the Sacramento-San Joaquin 
River Delta during the days this section is in effect under 
subsection (b), the Secretary of the Interior and the Sec-
retary of Commerce shall not count such days toward the 
5-day and 14-day running averages of tidally filtered daily 
Old and Middle River flow requirements under the smelt 
biological opinion and salmonid biological opinion, as long 
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as the Secretaries avoid significant negative impact on the 
long-term survival of listed fish species over and above the 
range of impacts authorized under the Endangered Spe-
cies Act of 1973. 
(f) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 
In articulating the determinations required under this sec-
tion, the Secretary of the Interior and the Secretary of 
Commerce shall fully satisfy the requirements herein but 
shall not be expected to provide a greater level of sup-
porting detail for the analysis than feasible to provide 
within the short timeframe permitted for timely decision 
making in response to changing conditions in the Sac-
ramento-San Joaquin River Delta. 
(g) OMR FLOWS.—The Secretary of the Interior and 
the Secretary of Commerce shall, through the adaptive 
management provisions in the salmonid biological opinion, 
limit OMR reverse flow to -5,000 cubic feet per second 
based on date-certain triggers in the salmonid biological 
opinions only if using real-time migration information on 
salmonids demonstrates that such action is necessary to 
avoid a significant negative impact on the long-term sur-
vival of listed fish species over and above the range of im-
pacts authorized under the Endangered Species Act of 
1973. 
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(h) NO REINITIATION OF CONSULTATION.—In imple-
menting or at the conclusion of actions under this section, 
the Secretary of the Interior shall not reinitiate consulta-
tion on those adjusted operations if there is no immediate 
significant negative impact on the long-term survival of 
listed fish species over and above the range of impacts au-
thorized under the Endangered Species Act of 1973. Any 
action taken under this section that does not create an 
immediate significant negative impact on the long-term 
survival of listed fish species over and above the range of 
impacts authorized under the Endangered Species Act of 
1973 will not alter application of the take permitted by 
the incidental take statement in those biological opinions 
under section 7(o)(2) of the Endangered Species Act of 
1973. 
STATE WATER PROJECT OFFSET AND WATER RIGHTS 
PROTECTIONS 
SEC. 206. (a) OFFSET
FOR
STATE
WATER 
PROJECT.— 
(1) IMPLEMENTATION
IMPACTS.—The Sec-
retary of the Interior shall confer with the California 
Department of Fish and Wildlife in connection with 
the implementation of this section on potential im-
pacts to any consistency determination for oper-
ations of the State Water Project issued pursuant to 
California Fish and Game Code section 2080.1. 
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(2) ADDITIONAL YIELD.—If, as a result of the 
application of this section, the California Depart-
ment of Fish and Wildlife— 
(A) determines that operations of the State 
Water Project are inconsistent with the consist-
ency determinations issued pursuant to Cali-
fornia Fish and Game Code section 2080.1 for 
operations of the State Water Project; or 
(B) requires take authorization under Cali-
fornia Fish and Game Code section 2081 for 
operation of the State Water Project in a man-
ner that directly or indirectly results in reduced 
water supply to the State Water Project as 
compared with the water supply available under 
the smelt biological opinion and the salmonid 
biological opinion; and as a result, Central Val-
ley Project yield is greater than it otherwise 
would have been, then that additional yield 
shall be made available to the State Water 
Project for delivery to State Water Project con-
tractors to offset that reduced water supply. 
(3) NOTIFICATION
RELATED
TO
ENVIRON-
MENTAL PROTECTIONS.—The Secretary of the Inte-
rior and Secretary of Commerce shall— 
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(A) notify the Director of the California 
Department of Fish and Wildlife regarding any 
changes in the manner in which the smelt bio-
logical opinion or the salmonid biological opin-
ion is implemented; and 
(B) confirm that those changes are con-
sistent with the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(b) AREA OF ORIGIN AND WATER RIGHTS PROTEC-
TIONS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and the Secretary of Commerce, in carrying out 
the mandates of this section, shall take no action 
that— 
(A) diminishes, impairs, or otherwise af-
fects in any manner any area of origin, water-
shed of origin, county of origin, or any other 
water rights protection, including rights to 
water appropriated before December 19, 1914, 
provided under State law; 
(B) limits, expands or otherwise affects the 
application of section 10505, 10505.5, 11128, 
11460, 11461, 11462, 11463 or 12200 through 
12220 of the California Water Code or any 
other provision of State water rights law, with-
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out respect to whether such a provision is spe-
cifically referred to in this section; or 
(C) diminishes, impairs, or otherwise af-
fects in any manner any water rights or water 
rights priorities under applicable law. 
(2) SECTION 7 OF THE ENDANGERED SPECIES 
ACT.—Any action proposed to be undertaken by the 
Secretary of the Interior and the Secretary of Com-
merce pursuant to both this section and section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) shall be undertaken in a manner that 
does not alter water rights or water rights priorities 
established by California law or it shall not be un-
dertaken at all. Nothing in this subsection affects 
the obligations of the Secretary of the Interior and 
the Secretary of Commerce under section 7 of the 
Endangered Species Act of 1973. 
(3) EFFECT OF ACT.— 
(A) Nothing in this section affects or modi-
fies any obligation of the Secretary of the Inte-
rior under section 8 of the Act of June 17, 
1902 (32 Stat. 390, chapter 1093). 
(B) Nothing in this section diminishes, im-
pairs, or otherwise affects in any manner any 
Project purposes or priorities for the allocation, 
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delivery or use of water under applicable law, 
including the Project purposes and priorities es-
tablished under section 3402 and section 3406 
of the Central Valley Project Improvement Act 
(Public Law 102–575; 106 Stat. 4706). 
(c) NO REDIRECTED ADVERSE IMPACTS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and Secretary of Commerce shall not carry out 
any specific action authorized under this section that 
will directly or through State agency action indi-
rectly result in the involuntary reduction of water 
supply to an individual, district, or agency that has 
in effect a contract for water with the State Water 
Project or the Central Valley Project, including Set-
tlement and Exchange contracts, refuge contracts, 
and Friant Division contracts, as compared to the 
water supply that would be provided in the absence 
of action under this section, and nothing in this sec-
tion is intended to modify, amend or affect any of 
the rights and obligations of the parties to such con-
tracts. 
(2) ACTION ON DETERMINATION.—If, after ex-
ploring all options, the Secretary of the Interior or 
the Secretary of Commerce makes a final determina-
tion that a proposed action under this section cannot 
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be carried out in accordance with paragraph (1), 
that Secretary— 
(A) shall document that determination in 
writing for that action, including a statement of 
the facts relied on, and an explanation of the 
basis, for the decision; 
(B) may exercise the Secretary’s existing 
authority, including authority to undertake the 
drought-related actions otherwise addressed in 
this title, or to otherwise comply with other ap-
plicable law, including the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); and 
(C) shall comply with subsection (a). 
(d) ALLOCATIONS FOR SACRAMENTO VALLEY WATER 
SERVICE CONTRACTORS.— 
(1) DEFINITIONS.—In this subsection: 
(A) EXISTING CENTRAL VALLEY PROJECT 
AGRICULTURAL
WATER
SERVICE
CONTRACTOR 
WITHIN
THE
SACRAMENTO
RIVER
WATER-
SHED.—The term ‘‘existing Central Valley 
Project agricultural water service contractor 
within 
the 
Sacramento 
River 
Watershed’’ 
means any water service contractor within the 
Shasta, Trinity, or Sacramento River division of 
the Central Valley Project that has in effect a 
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water service contract on the date of enactment 
of this section that provides water for irriga-
tion. 
(B) YEAR
TERMS.—The terms ‘‘Above 
Normal’’, ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, 
with respect to a year, have the meanings given 
those terms in the Sacramento Valley Water 
Year Type (40–30–30) Index. 
(2) ALLOCATIONS OF WATER.— 
(A) ALLOCATIONS.—Subject to subsection 
(c), the Secretary of the Interior shall make 
every reasonable effort in the operation of the 
Central Valley Project to allocate water pro-
vided for irrigation purposes to each existing 
Central Valley Project agricultural water service 
contractor within the Sacramento River Water-
shed in accordance with the following: 
(i) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Wet’’ year. 
(ii) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
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Contractor within the Sacramento River 
Watershed in an ‘‘Above Normal’’ year. 
(iii) Not less than 100 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or 
‘‘Wet’’ year. 
(iv) Not less than 50 percent of the 
contract quantity of the existing Central 
Valley Project agricultural water service 
contractor within the Sacramento River 
Watershed in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal’’, ‘‘Above Nor-
mal’’, or ‘‘Wet’’ year. 
(v) Subject to clause (ii), in any other 
year not identified in any of clauses (i) 
through (iv), not less than twice the alloca-
tion percentage to south-of-Delta Central 
Valley Project agricultural water service 
contractors, up to 100 percent. 
(B) EFFECT
OF
CLAUSE.—Nothing in 
clause (A)(v) precludes an allocation to an ex-
isting Central Valley Project agricultural water 
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service contractor within the Sacramento River 
Watershed that is greater than twice the alloca-
tion percentage to a south-of-Delta Central Val-
ley Project agricultural water service con-
tractor. 
(3) PROTECTION OF ENVIRONMENT, MUNICIPAL 
AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC-
TORS.— 
(A) ENVIRONMENT.—Nothing in para-
graph (2) shall adversely affect— 
(i) the cold water pool behind Shasta 
Dam; 
(ii) the obligation of the Secretary of 
the Interior to make water available to 
managed wetlands pursuant to section 
3406(d) of the Central Valley Project Im-
provement Act (Public Law 102–575; 106 
Stat. 4722); or 
(iii) any obligation— 
(I) of the Secretary of the Inte-
rior and the Secretary of Commerce 
under the smelt biological opinion, the 
salmonid biological opinion, or any 
other applicable biological opinion; or 
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(II) under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et 
seq.) or any other applicable law (in-
cluding regulations). 
(B) MUNICIPAL
AND
INDUSTRIAL
SUP-
PLIES.—Nothing in paragraph (2)— 
(i) modifies any provision of a water 
Service contract that addresses municipal 
or industrial water shortage policies of the 
Secretary of the Interior and the Secretary 
of Commerce; 
(ii) affects or limits the authority of 
the Secretary of the Interior and the Sec-
retary of Commerce to adopt or modify 
municipal and industrial water shortage 
policies; 
(iii) affects or limits the authority of 
the Secretary of the Interior and the Sec-
retary of Commerce to implement a munic-
ipal or industrial water shortage policy; 
(iv) constrains, governs, or affects, di-
rectly or indirectly, the operations of the 
American River division of the Central Val-
ley Project or any deliveries from that divi-
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sion or a unit or facility of that division; 
or 
(v) affects any allocation to a Central 
Valley Project municipal or industrial 
water service contractor by increasing or 
decreasing allocations to the contractor, as 
compared to the allocation the contractor 
would have received absent paragraph (2). 
(C) OTHER
CONTRACTORS.—Nothing in 
subsection (b)— 
(i) affects the priority of any indi-
vidual or entity with Sacramento River 
water rights, including an individual or en-
tity with a Sacramento River settlement 
contract, that has priority to the diversion 
and use of Sacramento River water over 
water rights held by the United States for 
operations of the Central Valley Project; 
(ii) affects the obligation of the 
United States to make a substitute supply 
of water available to the San Joaquin 
River exchange contractors; 
(iii) affects the allocation of water to 
Friant division contractors of the Central 
Valley Project; 
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(iv) results in the involuntary reduc-
tion in contract water allocations to indi-
viduals or entities with contracts to receive 
water from the Friant division; or 
(v) authorizes any actions inconsistent 
with State water rights law. 
SEC. 207. 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. 208. 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. 209. The Commissioner of Reclamation is di-
rected to work with local water and irrigation districts in 
the Stanislaus River Basin to ascertain the water storage 
made available by the Draft Plan of Operations in New 
Melones Reservoir (DRPO) for water conservation pro-
grams, conjunctive use projects, water transfers, resched-
uled project water and other projects to maximize water 
storage and ensure the beneficial use of the water re-
sources in the Stanislaus River Basin. All such programs 
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and projects shall be implemented according to all applica-
ble laws and regulations. The source of water for any such 
storage program at New Melones Reservoir shall be made 
available under a valid water right, consistent with the 
State water transfer guidelines and any other applicable 
State water law. The Commissioner shall inform the Con-
gress within 18 months setting forth the amount of stor-
age made available by the DRPO that has been put to 
use under this program, including proposals received by 
the Commissioner from interested parties for the purpose 
of this section. 
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 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$1,825,000,000, to remain available until expended: Pro-
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vided, That of such amount, $149,500,000 shall be avail-
able until September 30, 2018, for program direction. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for elec-
tricity delivery and energy reliability activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $225,000,000, to remain available until expended: 
Provided, That of such amount, $28,000,000 shall be 
available until September 30, 2018, for program direction. 
NUCLEAR ENERGY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for nuclear 
energy 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 and the purchase of no 
more than three emergency service vehicles for replace-
ment only, $1,011,616,000, to remain available until ex-
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pended: Provided, That of such amount, $80,000,000 shall 
be available until September 30, 2018, for program direc-
tion. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For Department of Energy expenses necessary in car-
rying out fossil energy research and development activi-
ties, under the authority of the Department of Energy Or-
ganization Act (42 U.S.C. 7101 et seq.), including the ac-
quisition of interest, including defeasible and equitable in-
terests in any real property or any facility or for plant 
or facility acquisition or expansion, and for conducting in-
quiries, technological investigations and research con-
cerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and envi-
ronmental costs (30 U.S.C. 3, 1602, and 1603), 
$645,000,000, to remain available until expended: Pro-
vided, That of such amount $59,475,000 shall be available 
until September 30, 2018, for program direction. 
OFFICE OF TECHNOLOGY TRANSITIONS 
For Department of Energy expenses necessary for 
technology transitions and commercialization activities in 
carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), section 1001 
of the Energy Policy Act of 2005 (42 U.S.C. 16391), and 
the Stevenson-Wydler Technology Innovation Act of 1980 
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(15 U.S.C. 3701 et seq.), $7,000,000, to remain available 
until September 30, 2018. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For Department of Energy expenses necessary to 
carry out naval petroleum and oil shale reserve activities, 
$14,950,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve ac-
tivities. 
STRATEGIC PETROLEUM RESERVE 
For Department of Energy expenses necessary for 
Strategic Petroleum Reserve facility development and op-
erations and program management activities pursuant to 
the Energy Policy and Conservation Act (42 U.S.C. 6201 
et seq.), $257,000,000, to remain available until expended. 
NORTHEAST HOME HEATING OIL RESERVE 
For Department of Energy expenses necessary for 
Northeast Home Heating Oil Reserve storage, operation, 
and management activities pursuant to the Energy Policy 
and Conservation Act (42 U.S.C. 6201 et seq.), 
$6,500,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For Department of Energy expenses necessary in car-
rying out the activities of the Energy Information Admin-
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istration, $122,000,000, to remain available until ex-
pended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, 
$226,745,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For Department of Energy expenses necessary in car-
rying out uranium enrichment facility decontamination 
and decommissioning, remedial actions, and other activi-
ties of title II of the Atomic Energy Act of 1954 (42 
U.S.C. 2297f et seq.) and title A, subtitle X, of the Energy 
Policy Act of 1992 (42 U.S.C. 2296a et seq.), 
$698,540,000, to be derived from the Uranium Enrich-
ment Decontamination and Decommissioning Fund, to re-
main available until expended, of which $32,959,000 shall 
be available in accordance with title A, subtitle X, of the 
Energy Policy Act of 1992. 
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SCIENCE 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for science 
activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not more than 17 pas-
senger motor vehicles for replacement only, including one 
ambulance and one bus, $5,400,000,000, to remain avail-
able until expended: Provided, That of such amount, 
$184,697,000 shall be available until September 30, 2018, 
for program direction. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982 (Public 
Law 97–425), including the acquisition of real property 
or facility construction or expansion, $150,000,000, to re-
main available until expended, and to be derived from the 
Nuclear Waste Fund: Provided, That of the amount pro-
vided under this heading, $5,000,000 shall be made avail-
able to affected units of local government, as defined in 
section 2(31) of the Nuclear Waste Policy Act of 1982 
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(42 U.S.C. 10101(31)), to support the Yucca Mountain 
geologic repository, as authorized by such Act. 
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 
For Department of Energy expenses necessary in car-
rying out the activities authorized by section 5012 of the 
America 
COMPETES 
Act 
(42 
U.S.C. 
16538), 
$305,889,000, to remain available until expended: Pro-
vided, That of such amount, $29,250,000 shall be avail-
able until September 30, 2018, for program direction. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Such sums as are derived from amounts received 
from borrowers pursuant to section 1702(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16512(b)) under this head-
ing in prior Acts, shall be collected in accordance with sec-
tion 502(7) of the Congressional Budget Act of 1974: Pro-
vided, That for necessary administrative expenses to carry 
out this Loan Guarantee program, $37,000,000 is appro-
priated, to remain available until September 30, 2018: 
Provided further, That $30,000,000 of the fees collected 
pursuant to section 1702(h) of the Energy Policy Act of 
2005 shall be credited as offsetting collections to this ac-
count to cover administrative expenses and shall remain 
available until expended, so as to result in a final fiscal 
year 2017 appropriation from the general fund estimated 
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at not more than $7,000,000: Provided further, That fees 
collected under section 1702(h) in excess of the amount 
appropriated for administrative expenses shall not be 
available until appropriated: Provided further, That the 
Department of Energy shall not subordinate any loan obli-
gation to other financing in violation of section 1702 of 
the Energy Policy Act of 2005 or subordinate any Guaran-
teed Obligation to any loan or other debt obligations in 
violation of section 609.10 of title 10, Code of Federal 
Regulations. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOAN PROGRAM 
For Department of Energy administrative expenses 
necessary in carrying out the Advanced Technology Vehi-
cles Manufacturing Loan Program, $5,000,000, to remain 
available until September 30, 2018. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), $233,971,000, to 
remain available until September 30, 2018, including the 
hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such 
additional amounts as necessary to cover increases in the 
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estimated amount of cost of work for others notwith-
standing the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same 
or greater amount: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated 
to total $103,000,000 in fiscal year 2017 may be retained 
and used for operating expenses within this account, as 
authorized by section 201 of Public Law 95–238, notwith-
standing the provisions of 31 U.S.C. 3302: Provided fur-
ther, That the sum herein appropriated shall be reduced 
as collections are received during the fiscal year so as to 
result in a final fiscal year 2017 appropriation from the 
general fund estimated at not more than $130,971,000: 
Provided further, That of the total amount made available 
under this heading, $31,000,000 is for Energy Policy and 
Systems Analysis. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $44,424,000, to remain available 
until September 30, 2018. 
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ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
WEAPONS ACTIVITIES 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense weapons activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$9,285,147,000, to remain available until expended: Pro-
vided, That of such amount, $97,118,000 shall be avail-
able until September 30, 2018, for program direction: Pro-
vided further, That of the unobligated balances from prior 
year 
appropriations 
available 
under 
this 
heading, 
$42,000,000 is hereby rescinded: Provided further, That 
no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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DEFENSE NUCLEAR NONPROLIFERATION 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$1,821,916,000, to remain available until expended: Pro-
vided, That funds provided by this Act for Project 99– 
D–143, Mixed Oxide Fuel Fabrication Facility, and by 
prior Acts that remain unobligated for such Project, may 
be made available only for construction and program sup-
port activities for such Project: Provided further, That of 
the unobligated balances from prior year appropriations 
available under this heading, $14,000,000 is hereby re-
scinded: Provided further, That no amounts may be re-
scinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
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NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$1,420,120,000, to remain available until expended: Pro-
vided, That of such amount, $44,100,000 shall be avail-
able until September 30, 2018, for program direction. 
FEDERAL SALARIES AND EXPENSES 
For expenses necessary for Federal Salaries and Ex-
penses in the National Nuclear Security Administration, 
$382,387,000, to remain available until September 30, 
2018, including official reception and representation ex-
penses not to exceed $12,000. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
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sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, and the purchase of not to exceed one fire apparatus 
pumper truck, one aerial lift truck, one refuse truck, and 
one semi-truck for replacement only, $5,226,950,000, to 
remain available until expended: Provided, That of such 
amount, $290,050,000 shall be available until September 
30, 2018, for program direction: Provided further, That 
of such amount, $26,800,000 shall be available for the 
purpose of a payment by the Secretary of Energy to the 
State of New Mexico for road improvements in accordance 
with section 15(b) of the Waste Isolation Pilot Plant Land 
Withdrawal Act (Public Law 102–579): Provided further, 
That the amount made available by the previous proviso 
shall be separate from any appropriations of funds for the 
Waste Isolation Pilot Plant. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
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struction, or expansion, $776,425,000, to remain available 
until expended: Provided, That of such amount, 
$254,230,000 shall be available until September 30, 2018, 
for program direction. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for official reception and representation ex-
penses in an amount not to exceed $5,000: Provided, That 
during fiscal year 2017, no new direct loan obligations 
may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For expenses necessary for operation and mainte-
nance of power transmission facilities and for marketing 
electric power and energy, including transmission wheeling 
and ancillary services, pursuant to section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $1,000,000, including official re-
ception and representation expenses in an amount not to 
exceed $1,500, to remain available until expended: Pro-
vided, That notwithstanding 31 U.S.C. 3302 and section 
5 of the Flood Control Act of 1944, up to $1,000,000 col-
lected by the Southeastern Power Administration from the 
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sale of power and related services shall be credited to this 
account as discretionary offsetting collections, to remain 
available until expended for the sole purpose of funding 
the annual expenses of the Southeastern Power Adminis-
tration: Provided further, That the sum herein appro-
priated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final 
fiscal year 2017 appropriation estimated at not more than 
$0: Provided further, That notwithstanding 31 U.S.C. 
3302, up to $60,760,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act 
of 1944 to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures: 
Provided further, That for purposes of this appropriation, 
annual expenses means expenditures that are generally re-
covered in the same year that they are incurred (excluding 
purchase power and wheeling expenses). 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For expenses necessary for operation and mainte-
nance of power transmission facilities and for marketing 
electric power and energy, for construction and acquisition 
of transmission lines, substations and appurtenant facili-
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ties, and for administrative expenses, including official re-
ception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the 
Southwestern Power Administration, $45,643,000, to re-
main available until expended: Provided, That notwith-
standing 31 U.S.C. 3302 and section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), up to $34,586,000 col-
lected by the Southwestern Power Administration from 
the sale of power and related services shall be credited to 
this account as discretionary offsetting collections, to re-
main available until expended, for the sole purpose of 
funding the annual expenses of the Southwestern Power 
Administration: Provided further, That the sum herein ap-
propriated for annual expenses shall be reduced as collec-
tions are received during the fiscal year so as to result 
in a final fiscal year 2017 appropriation estimated at not 
more than $11,057,000: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $73,000,000 collected by 
the Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and 
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures: Provided further, That for purposes of this 
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appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, $307,144,000, including official reception and rep-
resentation expenses in an amount not to exceed $1,500, 
to remain available until expended, of which $299,742,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That notwithstanding 31 U.S.C. 
3302, section 5 of the Flood Control Act of 1944 (16 
U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to 
$211,563,000 collected by the Western Area Power Ad-
ministration from the sale of power and related services 
shall be credited to this account as discretionary offsetting 
collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western 
Area Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
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duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2017 appropriation esti-
mated at not more than $95,581,000, of which 
$88,179,000 is derived from the Reclamation Fund: Pro-
vided further, That notwithstanding 31 U.S.C. 3302, up 
to $367,009,000 collected by the Western Area Power Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover pur-
chase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $4,070,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 2 of the Act of June 
18, 1954 (68 Stat. 255): Provided, That notwithstanding 
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the provisions of that Act and of 31 U.S.C. 3302, up to 
$3,838,000 collected by the Western Area Power Adminis-
tration from the sale of power and related services from 
the Falcon and Amistad Dams shall be credited to this 
account as discretionary offsetting collections, to remain 
available until expended for the sole purpose of funding 
the annual expenses of the hydroelectric facilities of these 
Dams and associated Western Area Power Administration 
activities: Provided further, That the sum herein appro-
priated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final 
fiscal year 2017 appropriation estimated at not more than 
$232,000: Provided further, That for purposes of this ap-
propriation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred: Provided further, That for fiscal year 2017, the 
Administrator of the Western Area Power Administration 
may accept up to $323,000 in funds contributed by United 
States power customers of the Falcon and Amistad Dams 
for deposit into the Falcon and Amistad Operating and 
Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said 
sums had been specifically appropriated for such purpose: 
Provided further, That any such funds shall be available 
without further appropriation and without fiscal year limi-
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tation for use by the Commissioner of the United States 
Section of the International Boundary and Water Com-
mission for the sole purpose of operating, maintaining, re-
pairing, rehabilitating, replacing, or upgrading the hydro-
electric facilities at these Dams in accordance with agree-
ments reached between the Administrator, Commissioner, 
and the power customers. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
official reception and representation expenses not to ex-
ceed $3,000, and the hire of passenger motor vehicles, 
$346,800,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $346,800,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2017 shall be retained and used for expenses nec-
essary in this account, and shall remain available until ex-
pended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2017 so as to result in a 
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final fiscal year 2017 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
SEC. 301. (a) No appropriation, funds, or authority 
made available by this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
or activity or to prepare or initiate Requests For Proposals 
or 
similar 
arrangements 
(including 
Requests 
for 
Quotations, Requests for Information, and Funding Op-
portunity Announcements) for a program, project, or ac-
tivity 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; 
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(C) issue a letter of intent to make an alloca-
tion, 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 lim-
its in subparagraph (A) or (B). 
(2) The Secretary of Energy shall submit to the Com-
mittees 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 re-
cipient 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 au-
thority made available in this title under the heading ‘‘De-
partment of Energy—Energy Programs’’, enter into a 
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multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless— 
(1) the contract, grant, or cooperative agree-
ment is funded for the full period of performance as 
anticipated at the time of award; or 
(2) the contract, grant, or cooperative agree-
ment includes a clause conditioning the Federal Gov-
ernment’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 ac-
tivities specified in the ‘‘Bill’’ column in the ‘‘Department 
of Energy’’ table included under the heading ‘‘Title III— 
Department of Energy’’ in the report of the Committee 
on Appropriations accompanying this Act. 
(e) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and 
the Department shall notify the Committees on Appropria-
tions 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 per-
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cent, 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 re-
programming of funds that— 
(1) creates, initiates, or eliminates a program, 
project, or activity; 
(2) increases funds or personnel for any pro-
gram, 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 re-
quirement 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 Commit-
tees 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. 
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Such notice shall include an explanation of the substantial 
risk under paragraph (1) that permitted such waiver. 
SEC. 302. The unexpended balances of prior appro-
priations provided for activities in this Act may be avail-
able to the same appropriation accounts for such activities 
established pursuant to this title. Available balances may 
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund 
for the same time period as originally enacted. 
SEC. 303. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 3094) 
during fiscal year 2017 until the enactment of the Intel-
ligence Authorization Act for fiscal year 2017. 
SEC. 304. None of the funds made available in this 
title shall be used for the construction of facilities classi-
fied as high-hazard nuclear facilities under 10 CFR Part 
830 unless independent oversight is conducted by the Of-
fice of Enterprise Assessments to ensure the project is in 
compliance with nuclear safety requirements. 
SEC. 305. None of the funds made available in this 
title may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or 
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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 deci-
sion. 
SEC. 306. (a) None of the funds made available in 
this or any prior Act under the heading ‘‘Defense Nuclear 
Nonproliferation’’ may be made available to enter into new 
contracts with, or new agreements for Federal assistance 
to, the Russian Federation. 
(b) The Secretary of Energy may waive the prohibi-
tion in subsection (a) if the Secretary determines that 
such activity is in the national security interests of the 
United States. This waiver authority may not be dele-
gated. 
(c) A waiver under subsection (b) shall not be effec-
tive until 15 days after the date on which the Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress, in classified form if necessary, a re-
port on the justification for the waiver. 
SEC. 307. (a) NEW REGIONAL RESERVES.—The Sec-
retary of Energy may not establish any new regional pe-
troleum product reserve unless funding for the proposed 
regional petroleum product reserve is explicitly requested 
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