Energy and Water Development and Related Agencies Appropriations Act, 2023
Bill: H.R.8255 | Sponsor: Rep. Kaptur, Marcy (D-OH)
Policy area: Economics and Public Finance

Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2023
This bill provides FY2023 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission.
The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for
The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation.
The bill provides appropriations to DOE for energy programs, including
The bill also provides appropriations to DOE for
The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission.
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2023, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2023, and for 
other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects, and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $160,000,000, to 
remain available until expended:  Provided, That the Secretary shall 
not deviate from 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 protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,475,152,000, to remain available until expended; of which 
$43,011,000 shall be derived from the Harbor Maintenance Trust Fund to 
cover the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program; and of which such sums as 
are necessary to cover 35 percent of the costs of construction, 
replacement, rehabilitation, and expansion of inland waterways projects 
shall be derived from the Inland Waterways Trust Fund, except as 
otherwise specifically provided for in law:  Provided, That the 
Secretary shall not deviate from 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 alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $350,000,000, to remain 
available until expended, of which $10,315,000 shall be derived from 
the Harbor Maintenance Trust Fund to cover the Federal share of 
eligible operation and maintenance costs for inland harbors:  Provided, 
That the Secretary shall not deviate from the work plan, once the plan 
has been submitted to the Committees on Appropriations of both Houses 
of Congress.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $5,150,000,000, to remain available until 
expended, of which $2,264,674,000 shall be derived from the Harbor 
Maintenance Trust Fund to cover the Federal share of eligible operation 
and maintenance costs for coastal harbors and channels, and for inland 
harbors; of which $56,000,000, to be derived from the general fund of 
the Treasury, shall be to carry out section 2106(c) of Public Law 113-
121 (33 U.S.C. 2238c(c)) and is designated as being for such purpose 
pursuant to section 14003(2)(B) of the CARES Act (Public Law 116-136); 
of which such sums as become available from the special account for the 
Corps of Engineers established by the Land and Water Conservation Fund 
Act of 1965 shall be derived from that account for resource protection, 
research, interpretation, and maintenance activities related to 
resource protection in the areas at which outdoor recreation is 
available; and of which such sums as become available from fees 
collected under section 217 of Public Law 104-303 shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which such fees have been collected:  Provided, 
That 1 percent of the total amount of funds provided for each of the 
programs, projects, or activities funded under this heading shall not 
be allocated to a field operating activity prior to the beginning of 
the fourth quarter of the fiscal year and shall be available for use by 
the Chief of Engineers to fund such emergency activities as the Chief 
of Engineers determines to be necessary and appropriate, and that the 
Chief of Engineers shall allocate during the fourth quarter any 
remaining funds which have not been used for emergency activities 
proportionally in accordance with the amounts provided for the 
programs, projects, or activities:  Provided, That the Secretary shall 
not deviate from the work plan, once the plan has been submitted to the 
Committees on Appropriations of both Houses of Congress.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $213,000,000, to remain 
available until September 30, 2024.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $278,338,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$35,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $215,000,000, to remain available until September 30, 2024, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year:  
Provided, That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of the 
Office of the Chief of Engineers or the civil works executive direction 
and management activities of the division offices:  Provided further, 
That any Flood Control and Coastal Emergencies appropriation may be 
used to fund the supervision and general administration of emergency 
operations, repairs, and other activities in response to any flood, 
hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2024:  Provided, That not more than 75 
percent of such amount may be obligated or expended until the Assistant 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress the report required under section 101(d) of this Act and a 
work plan that allocates at least 95 percent of the additional funding 
provided under each heading in this title, as designated under such 
heading in the report accompanying this Act, to specific programs, 
projects, or activities.

      water infrastructure finance and innovation program account

    For administrative expenses to carry out the direct and guaranteed 
loan programs authorized by the Water Infrastructure Finance and 
Innovation Act of 2014, notwithstanding subsections (b)(2) and (c) of 
section 5033 of such Act, $7,200,000, to remain available until 
September 30, 2024.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2023, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the Committees 
        on Appropriations of both Houses of Congress;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the Committees on Appropriations of both Houses of Congress;
            (5) augments or reduces existing programs, projects, or 
        activities in excess of the amounts contained in paragraphs (6) 
        through (10), unless prior approval is received from the 
        Committees on Appropriations of both Houses of Congress;
            (6) INVESTIGATIONS.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000: Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) CONSTRUCTION.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000: Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments: Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) OPERATION AND MAINTENANCE.--Unlimited reprogramming 
        authority is granted for the Corps to be able to respond to 
        emergencies: Provided, That the Chief of Engineers shall notify 
        the Committees on Appropriations of both Houses of Congress of 
        these emergency actions as soon thereafter as practicable: 
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $5,000,000 per project, study, or activity is allowed: Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000: Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) MISSISSIPPI RIVER AND TRIBUTARIES.--The reprogramming 
        guidelines in paragraphs (6), (7), and (8) shall apply to the 
        Investigations, Construction, and Operation and Maintenance 
        portions of the Mississippi River and Tributaries Account, 
        respectively; and
            (10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.-- 
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) DE MINIMUS REPROGRAMMINGS.--In no case should a reprogramming 
for less than $50,000 be submitted to the Committees on Appropriations 
of both Houses of Congress.
    (c) CONTINUING AUTHORITIES PROGRAM.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Secretary shall submit a report to the Committees on Appropriations 
of both Houses of Congress to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year 
which shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        applicable, and the fiscal year enacted level; and
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.
    Sec. 102.  The Secretary shall allocate funds made available in 
this title solely in accordance with the provisions of this Act and the 
report accompanying this Act.
    Sec. 103.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 104.  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. 105.  None of the funds in this Act shall be used for an open 
lake placement alternative for dredged material, after evaluating the 
least costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or 
tributaries thereto, unless it is approved under a State water quality 
certification pursuant to section 401 of the Federal Water Pollution 
Control Act (33 U.S.C. 1341):  Provided, That until an open lake 
placement alternative for dredged material 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. 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, Kentucky, project authorized under the Act of 
July 24, 1946 (60 Stat. 636, ch. 595).
    Sec. 107.  None of the funds made available by this Act or any 
other Act may be used to reorganize or to transfer the Civil Works 
functions or authority of the Corps of Engineers or the Secretary of 
the Army to another department or agency.
    Sec. 108.  Additional funding provided in this Act shall be 
allocated only to projects determined to be eligible by the Chief of 
Engineers.

                                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, $23,000,000, to remain available until expended, of 
which $5,000,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission:  Provided, That of the amount 
provided under this heading, $1,600,000 shall be available until 
September 30, 2024, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior:  Provided further, 
That for fiscal year 2023, of the amount made available to the 
Commission under this Act or any other Act, the Commission may use an 
amount not to exceed $1,880,000 for administrative expenses.

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $1,747,101,000, to remain available until expended, of 
which $22,165,000 shall be available for transfer to the Upper Colorado 
River Basin Fund and $7,584,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam Fund:  
Provided, That $500,000 shall be available for transfer into the Aging 
Infrastructure Account established by section 9603(d)(1) of the Omnibus 
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):  
Provided further, That such transfers, except for the transfer 
authorized by the preceding proviso, 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, the Water Storage Enhancement 
Receipts account established by section 4011(e) of Public Law 114-322, 
or the Bureau of Reclamation special fee account established by 16 
U.S.C. 6806 shall be derived from that Fund or account:  Provided 
further, That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which the funds were contributed:  
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading:  Provided 
further, That of the amounts made available under this heading, 
$10,000,000 shall be deposited in the San Gabriel Basin Restoration 
Fund established by section 110 of title I of division B of appendix D 
of Public Law 106-554:  Provided further, That of the amounts provided 
herein, funds may be used for high-priority projects which shall be 
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, such sums as may be collected in fiscal 
year 2023 in the Central Valley Project Restoration Fund pursuant to 
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to 
remain available until expended:  Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $33,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management:  Provided further, 
That CALFED implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the six regions of the Bureau of Reclamation, to remain 
available until September 30, 2024, $65,079,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in section 4(o) of 
the Act of December 5, 1924 (43 U.S.C. 377):  Provided, That no part of 
any other appropriation in this Act shall be available for activities 
or functions budgeted as policy and administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase and replacement of not to exceed 30 motor vehicles, which are 
for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous or subsequent 
appropriations Acts to the agencies or entities funded in title II of 
this Act for Water and Related Resources that remain available for 
obligation or expenditure in fiscal year 2023, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of both Houses of Congress;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of both Houses of Congress:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress.
    (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) Except as provided in subsections (a) and (b), the amounts made 
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs, 
projects, and activities specified in the ``House Recommended'' columns 
in the ``Water and Related Resources'' table included under the heading 
``Title II--Department of the Interior'' in the report accompanying 
this Act.
    (e) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of both Houses of Congress 
detailing all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly report shall 
be submitted not later than 60 days after the date of enactment of this 
Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203.  Section 9504(e) of the Omnibus Public Land Management 
Act of 2009 (Public Law 111-11; 42 U.S.C. 10364(e)) is amended by 
striking ``$750,000,000'' and inserting ``$820,000,000''.
    Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta 
Authorization Act) is amended by striking ``2022'' each place it 
appears and inserting ``2023''.
    (b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$25,000,000'' and 
inserting ``$30,000,000''.
    Sec. 205.  Section 9106(g)(2) of Public Law 111-11 (Omnibus Public 
Land Management Act of 2009) is amended by striking ``2022'' and 
inserting ``2023''.
    Sec. 206. (a) Section 104(c) of the Reclamation States Emergency 
Drought Relief Act of 1991 (Public Law 102-250; 43 U.S.C. 2214(c)) is 
amended by striking ``2022'' and inserting ``2023''.
    (b) Section 301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (Public Law 102-250; 43 U.S.C. 2241) is amended by striking 
``2022'' and inserting ``2023'' and by striking ``$120,000,000'' and 
inserting ``$130,000,000''.
    Sec. 207.  Section 529(b)(3) of the Water Resources Development Act 
of 2000 (Public Law 106-541), as amended, is amended by striking 
``$30,000,000'' and inserting ``$40,000,000''.
    Sec. 208.  None of the funds provided in this Act may be used for 
the Shasta Dam and Reservoir Enlargement Project.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $4,000,000,000, to 
remain available until expended:  Provided, That of such amount, 
$245,000,000 shall be available until September 30, 2024, for program 
direction.

         Cybersecurity, Energy Security, and Emergency Response

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy sector cybersecurity, energy security, 
and emergency response activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $205,000,000, to remain available until expended:  Provided, 
That of such amount, $24,000,000 shall be available until September 30, 
2024, for program direction.

                              Electricity

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity 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, $350,000,000, to remain available until 
expended:  Provided, That of such amount, $23,000,000 shall be 
available until September 30, 2024, for program direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,779,800,000, to remain available until 
expended:  Provided, That of such amount, $85,000,000 shall be 
available until September 30, 2024, for program direction:  Provided 
further, That for the purpose of section 954(a)(6) of the Energy Policy 
Act of 2005, as amended, the only amount available shall be from the 
amount specified as including that purpose in the ``Bill'' column in 
the ``Department of Energy'' table included under the heading ``Title 
III--Department of Energy'' in the report accompanying this Act.

                  Fossil Energy and Carbon Management

    For Department of Energy expenses necessary in carrying out fossil 
energy and carbon management research and development activities, under 
the authority of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition of interest, including 
defeasible and equitable interests in any real property or any facility 
or for plant or facility acquisition or expansion, and for conducting 
inquiries, technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $880,000,000, to remain available until expended:  Provided, 
That of such amount $70,000,000 shall be available until September 30, 
2024, for program direction.

                            Energy Projects

    For Department of Energy expenses necessary in carrying out the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$117,326,652, to remain available until expended, for the projects, and 
in the amounts, specified in the table titled ``Community Project 
Funding Department of Energy Projects'' in the report accompanying this 
Act.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $13,004,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $214,175,000, to remain available until expended.

                         SPR Petroleum Account

    For the acquisition, transportation, and injection of petroleum 
products, and for other necessary expenses pursuant to the Energy 
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et 
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface 
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the 
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $8,000,000, 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.), $7,000,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $144,480,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of one passenger motor 
vehicle, $333,863,000, to remain available until expended:  Provided, 
That in addition, fees collected pursuant to subsection (b)(1) of 
section 6939f of title 42, United States Code, and deposited under this 
heading in fiscal year 2023 pursuant to section 309 of title III of 
division C of Public Law 116-94 are appropriated, to remain available 
until expended, for mercury storage costs.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$823,321,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$14,800,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 35 passenger motor vehicles, 
including one ambulance, for replacement only, $8,000,000,000, to 
remain available until expended:  Provided, That of such amount, 
$211,211,000 shall be available until September 30, 2024, for program 
direction.

                         Nuclear Waste Disposal

    For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to 
remain available until expended, which shall be derived from the 
Nuclear Waste Fund.

                         Technology Transitions

    For Department of Energy expenses necessary for carrying out the 
activities of technology transitions, $23,058,000, to remain available 
until expended:  Provided, That of such amount, $13,183,000 shall be 
available until September 30, 2024, for program direction.

                      Clean Energy Demonstrations

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for clean energy demonstrations 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, $189,000,000, to remain available until 
expended:  Provided, That of such amount, $25,000,000 shall be 
available until September 30, 2024, for program direction.

        Defense Production Act Domestic Clean Energy Accelerator

    For activities by the Department of Energy pursuant to titles I, 
III, and VII of the Defense Production Act of 1950 (50 U.S.C. 
subchapters I, II, and III), notwithstanding the requirements of 
section 303(a)(1) through (a)(6) of such Act, $100,000,000, to remain 
available until expended, which shall be obligated and expended by the 
Secretary of Energy as if delegated the necessary authorities conferred 
by the Defense Production Act of 1950, and which shall be for expanding 
the domestic production capability for solar, transformers, electric 
grid components, fuel cells, electrolyzers, heat pumps, and insulation, 
of which up to $5,000,000 shall be available until September 30, 2024, 
for administrative expenses.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $550,000,000, to remain available until expended:  
Provided, That of such amount, $45,000,000 shall be available until 
September 30, 2024, for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That for 
necessary administrative expenses of the Title 17 Innovative Technology 
Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to 
remain available until September 30, 2024:  Provided further, That up 
to $66,206,000 of fees collected in fiscal year 2023 pursuant to 
section 1702(h) of the Energy Policy Act of 2005 shall be credited as 
offsetting collections under this heading and used for necessary 
administrative expenses in this appropriation and shall remain 
available until September 30, 2024:  Provided further, That to the 
extent that fees collected in fiscal year 2023 exceed $66,206,000, 
those excess amounts shall be credited as offsetting collections under 
this heading and available in future fiscal years only to the extent 
provided in advance in appropriations Acts:  Provided further, That the 
sum herein appropriated from the general fund shall be reduced (1) as 
such fees are received during fiscal year 2023 (estimated at 
$35,000,000) and (2) to the extent that any remaining general fund 
appropriations can be derived from fees collected in previous fiscal 
years that are not otherwise appropriated, so as to result in a final 
fiscal year 2023 appropriation from the general fund estimated at $0:  
Provided further, That the Department of Energy shall not subordinate 
any loan obligation to other financing in violation of section 1702 of 
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation 
to any loan or other debt obligations in violation of section 609.10 of 
title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $9,800,000, to remain available until September 30, 2024.

                  Tribal Energy Loan Guarantee Program

    For the cost of direct and guaranteed loans for the Tribal Energy 
Loan Guarantee Program under section 2602(c) of the Energy Policy Act 
of 1992 (25 U.S.C. 3502(c)), $8,000,000, to remain available until 
expended:  Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a):  Provided further, That in this 
fiscal year and subsequent fiscal years, under section 2602(c) of the 
Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy 
may also provide direct loans, as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a):  Provided further, 
That such direct loans shall be made through the Federal Financing 
Bank, with the full faith and credit of the United States Government on 
the principal and interest:  Provided further, That any funds 
previously appropriated for the cost of loan guarantees under section 
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also 
be used, in this fiscal year and subsequent fiscal years, for the cost 
of direct loans provided under such section of such Act.
    In addition, for Department of Energy administrative expenses 
necessary in carrying out the Tribal Energy Loan Guarantee Program, 
$2,000,000, to remain available until September 30, 2024.

                   Indian Energy Policy and Programs

    For necessary expenses for Indian Energy activities in carrying out 
the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), $75,000,000, to remain available until expended:  
Provided, That of the amount appropriated under this heading, 
$15,000,000 shall be available until September 30, 2024, for program 
direction.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$407,715,000, to remain available until September 30, 2024, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount:  Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $100,578,000 in fiscal year 
2023 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2023 appropriation from the general fund estimated at not more than 
$307,137,000.

                    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, 
$92,000,000, to remain available until September 30, 2024.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $16,333,065,000, to 
remain available until expended:  Provided, That of such amount, 
$130,070,000 shall be available until September 30, 2024, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,424,000,000, to 
remain available until expended.

                             Naval Reactors

                     (including transfer of funds)

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $2,000,000,000, 
to remain available until expended, of which, $99,747,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'', for the Advanced Test Reactor:  Provided, That of such 
amount, $58,525,000 shall be available until September 30, 2024, for 
program direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $475,000,000, to remain 
available until September 30, 2024, including official reception and 
representation expenses not to exceed $17,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $6,722,521,000, to 
remain available until expended:  Provided, That of such amount, 
$317,002,000 shall be available until September 30, 2024, for program 
direction.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, 
$823,321,000, to be deposited into the Defense Environmental Cleanup 
account, which shall be transferred to the Uranium Enrichment 
Decontamination and Decommissioning Fund.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,027,554,000, to remain available until expended:  
Provided, That of such amount, $359,734,000 shall be available until 
September 30, 2024, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph 
Hatchery Water Quality Project, and Umatilla Hatchery Facility Project 
and, in addition, for official reception and representation expenses in 
an amount not to exceed $5,000:  Provided, That during fiscal year 
2023, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $8,173,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $8,173,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2023 appropriation estimated at not more 
than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$78,696,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $53,488,000, to remain available until expended:  
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2023 appropriation 
estimated at not more than $10,608,000:  Provided further, That 
notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $299,573,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $299,573,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2023 appropriation 
estimated at not more than $98,732,000, of which $98,732,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $350,083,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255):  Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $6,102,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2023 appropriation estimated at not more than $228,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred:  Provided further, That for fiscal year 2023, the 
Administrator of the Western Area Power Administration may accept up to 
$1,598,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose:  Provided further, 
That any such funds shall be available without further appropriation 
and without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $508,400,000, 
to remain available until expended:  Provided, That notwithstanding any 
other provision of law, not to exceed $508,400,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2023 shall be retained and used for expenses necessary in this 
account, and shall remain available until expended:  Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2023 so as to result in a 
final fiscal year 2023 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including transfers and rescissions of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make or modify a grant allocation or discretionary 
        grant award totaling $1,000,000 or more;
            (B) make or modify a discretionary contract award or Other 
        Transaction Agreement totaling $1,000,000 or more, including a 
        contract covered by the Federal Acquisition Regulation;
            (C) issue a letter of intent to make or modify an 
        allocation, award, or Agreement in excess of the limits in 
        subparagraph (A) or (B); or
            (D) announce publicly the intention to make or modify an 
        allocation, award, or Agreement in excess of the limits in 
        subparagraph (A) or (B).
    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling less than $1,000,000 provided or 
modified during the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
enter into a multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future year budget authority and the 
        Secretary notifies the Committees on Appropriations of both 
        Houses of Congress at least 3 days in advance.
    (d) Except as provided in subsections (e), (f), and (g), the 
amounts made available by this title shall be expended as authorized by 
law for the programs, projects, and activities specified in the 
``Bill'' column in the ``Department of Energy'' table included under 
the heading ``Title III--Department of Energy'' in the report 
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, 
and obtain the prior approval of, the Committees on Appropriations of 
both Houses of Congress at least 30 days prior to the use of any 
proposed reprogramming that would cause any program, project, or 
activity funding level to increase or decrease by more than $5,000,000 
or 10 percent, whichever is less, during the time period covered by 
this Act.
    (f) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.
    (g)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds made 
available for the Department of Energy if compliance with such 
requirement or restriction would pose a substantial risk to human 
health, the environment, welfare, or national security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of both Houses of Congress of any waiver under paragraph 
(1) as soon as practicable, but not later than 3 days after the date of 
the activity to which a requirement or restriction would otherwise have 
applied. Such notice shall include an explanation of the substantial 
risk under paragraph (1) that permitted such waiver.
    (h) The unexpended balances of prior appropriations provided for 
activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2023 until the enactment of the Intelligence 
Authorization Act for fiscal year 2023.
    Sec. 303.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Enterprise Assessments to ensure the 
project is in compliance with nuclear safety requirements.
    Sec. 304.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 305.  Notwithstanding section 161 of the Energy Policy and 
Conservation Act (42 U.S.C. 6241), upon a determination by the 
President in this fiscal year that a regional supply shortage of 
refined petroleum product of significant scope and duration exists, 
that a severe increase in the price of refined petroleum product will 
likely result from such shortage, and that a draw down and sale of 
refined petroleum product would assist directly and significantly in 
reducing the adverse impact of such shortage, the Secretary of Energy 
may draw down and sell refined petroleum product from the Strategic 
Petroleum Reserve. Proceeds from a sale under this section shall be 
deposited into the SPR Petroleum Account established in section 167 of 
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such 
amounts shall be available for obligation, without fiscal year 
limitation, consistent with that section.
    Sec. 306.  No funds shall be transferred directly from ``Department 
of Energy--Power Marketing Administration--Colorado River Basins Power 
Marketing Fund, Western Area Power Administration'' to the general fund 
of the Treasury in the current fiscal year.
    Sec. 307.  All unavailable collections currently in the United 
States Enrichment Corporation Fund shall be transferred to and merged 
with the Uranium Enrichment Decontamination and Decommissioning Fund 
and shall be available only to the extent provided in advance in 
appropriations Acts.
    Sec. 308.  Subparagraphs (B) and (C) of section 40401(a)(2) of 
Public Law 117-58, paragraph (3) of section 1702(r) of the Energy 
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section 
40401(c)(2)(C) of Public Law 117-58, and subsection (l) of section 136 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17013(l)), are hereby repealed.
    Sec. 309.  Of the unobligated balances from amounts made available 
in the first proviso of section 1425 of the Department of Defense and 
Full-Year Continuing Appropriations Act, 2011 (Public Law 112-10) for 
the cost of loan guarantees under section 1703 of the Energy Policy Act 
of 2005, $150,000,000 are hereby rescinded:  Provided, That, subject to 
section 502 of the Congressional Budget Act of 1974, commitments to 
guarantee loans for eligible projects under title XVII of the Energy 
Policy Act of 2005, shall not exceed a total principal amount of 
$15,000,000,000, to remain available until committed:  Provided 
further, That the amounts provided in this section are in addition to 
those provided in any other Act:  Provided further, That for amounts 
collected pursuant to section 1702(b)(2) of the Energy Policy Act of 
2005, the source of such payment received from borrowers may not be a 
loan or other debt obligation that is guaranteed by the Federal 
Government:  Provided further, That none of such loan guarantee 
authority made available by this section shall be available for 
commitments to guarantee loans for any projects where funds, personnel, 
or property (tangible or intangible) of any Federal agency, 
instrumentality, personnel, or affiliated entity are expected be used 
(directly or indirectly) through acquisitions, contracts, 
demonstrations, exchanges, grants, incentives, leases, procurements, 
sales, other transaction authority, or other arrangements, to support 
the project or to obtain goods or services from the project:  Provided 
further, That the preceding proviso shall not be interpreted as 
precluding the use of the loan guarantee authority provided by this 
section for commitments to guarantee loans for: (1) projects as a 
result of such projects benefitting from otherwise allowable Federal 
income tax benefits; (2) projects as a result of such projects 
benefitting from being located on Federal land pursuant to a lease or 
right-of-way agreement for which all consideration for all uses is: (A) 
paid exclusively in cash; (B) deposited in the Treasury as offsetting 
receipts; and (C) equal to the fair market value as determined by the 
head of the relevant Federal agency; (3) projects as a result of such 
projects benefitting from Federal insurance programs, including under 
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly 
known as the ``Price-Anderson Act''); or (4) electric generation 
projects using transmission facilities owned or operated by a Federal 
Power Marketing Administration or the Tennessee Valley Authority that 
have been authorized, approved, and financed independent of the project 
receiving the guarantee:  Provided further, That none of the loan 
guarantee authority made available by this section shall be available 
for any project unless the Director of the Office of Management and 
Budget has certified in advance in writing that the loan guarantee and 
the project comply with the provisions under this section.
    Sec. 310. (a) Hereafter, for energy development, demonstration, and 
deployment programs funded under Department of Energy appropriations 
(other than those for the National Nuclear Security Administration and 
Office of Environmental Management) provided for fiscal year 2022, the 
current fiscal year, or any fiscal year thereafter (including by Acts 
other than appropriations Acts), the Secretary may vest unconditional 
title or other property interests acquired under projects in an award 
recipient, subrecipient, or successor in interest, including the United 
States, at the conclusion of the award period for projects receiving an 
initial award in fiscal year 2022 or later.
    (b) Upon vesting unconditional title pursuant to subsection (a) in 
an award recipient, subrecipient, or successor in interest other than 
the United States, the United States shall have no liabilities or 
obligations to the property.
    (c) For purposes of this section, the term ``property interest'' 
does not include any interest in intellectual property developed using 
funding provided under a project.
    Sec. 311.  None of the funds made available in this title may be 
used to support a grant allocation award, discretionary grant award, or 
cooperative agreement that exceeds $100,000,000 in Federal funding 
unless the project is carried out through internal independent project 
management procedures.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, and for 
expenses necessary for the Federal Co-Chairman and the Alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$220,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $41,401,000, to 
remain available until September 30, 2024, of which not to exceed 
$1,000 shall be available for official reception and representation 
expenses.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said 
Act, $30,100,000, to remain available until expended.

                           Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $15,100,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects for which the Denali Commission is 
the sole or primary funding source in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities:  Provided further, 
That notwithstanding any other provision of law regarding payment of a 
non-Federal share in connection with a grant-in-aid program, amounts 
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not 
the sole or primary funding source, provided that such project is 
consistent with the purposes of the Commission.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $38,000,000, to remain available until expended:  
Provided, That such amounts shall be available for administrative 
expenses, notwithstanding section 15751(b) of title 40, United States 
Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $33,000,000, to remain available until 
expended.

                  Southwest Border Regional Commission

    For expenses necessary for the Southwest Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $2,500,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $911,384,000, including official representation expenses 
not to exceed $25,000, to remain available until expended:  Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2024: 
 Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $777,498,000 
in fiscal year 2023 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2023 so as to result in a final fiscal year 2023 
appropriation estimated at not more than $133,886,000.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$17,769,000, to remain available until September 30, 2024:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $14,655,000 in fiscal year 2023 
shall be retained and be available until September 30, 2024, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code:  Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2023 so as to result in a final fiscal year 
2023 appropriation estimated at not more than $3,114,000:  Provided 
further, That of the amounts appropriated under this heading, 
$1,520,000 shall be for Inspector General services for the Defense 
Nuclear Facilities Safety Board.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $3,945,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2024.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed for any program, 
project, or activity, and the Commission shall notify the Committees on 
Appropriations of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any program funding 
level to increase or decrease by more than $500,000 or 10 percent, 
whichever is less, during the time period covered by this Act.
    (b)(1) The Nuclear Regulatory Commission may waive the notification 
requirement in subsection (a) if compliance with such requirement would 
pose a substantial risk to human health, the environment, welfare, or 
national security.
    (2) The Nuclear Regulatory Commission shall notify the Committees 
on Appropriations of both Houses of Congress of any waiver under 
paragraph (1) as soon as practicable, but not later than 3 days after 
the date of the activity to which a requirement or restriction would 
otherwise have applied. Such notice shall include an explanation of the 
substantial risk under paragraph (1) that permitted such waiver and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.
    (c) Except as provided in subsections (a), (b), and (d), the 
amounts made available by this title for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be expended as directed in 
the report accompanying this Act.
    (d) None of the funds provided for the Nuclear Regulatory 
Commission shall be available for obligation or expenditure through a 
reprogramming of funds that increases funds or personnel for any 
program, project, or activity for which funds are denied or restricted 
by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                TITLE V

                           GENERAL PROVISIONS

                     (including transfer of funds)

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the report 
accompanying this Act, or any authority whereby a department, agency, 
or instrumentality of the United States Government may provide goods or 
services to another department, agency, or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced 
in the report accompanying this Act, or any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality, used in the previous 6 months and in the year-to-date. 
This report shall include the amounts transferred and the purposes for 
which they were transferred, and shall not replace or modify existing 
notification requirements for each authority.
    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, Tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
     This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2023''.
                                                 Union Calendar No. 302

117th CONGRESS

  2d Session

                               H. R. 8255

                          [Report No. 117-394]

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