H.R. 5055 — Energy and Water Development and Related Agencies Appropriations Act, 2017

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5055 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 411
114th CONGRESS
  2d Session
                                H. R. 5055

                          [Report No. 114-532]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2017, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2016

    Mr. Simpson, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2017, 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 energy and water development and related agencies for 
the fiscal year ending September 30, 2017, 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, $120,000,000, to 
remain available until expended: Provided, That the Secretary may 
initiate up to, but not more than, six new study starts during fiscal 
year 2017: Provided further, That the new study starts will consist of 
five studies where the majority of the benefits are derived from 
navigation transportation savings or from flood and storm damage 
reduction and one study where the majority of benefits are derived from 
environmental restoration: Provided further, That the Secretary shall 
not deviate from the new starts proposed in the work plan, once the 
plan has been submitted to the Committees on Appropriations of both 
Houses of Congress.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore 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); 
$1,945,580,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary to cover 
one-half of the costs of construction, replacement, rehabilitation, and 
expansion of inland waterways projects shall be derived from the Inland 
Waterways Trust Fund, except as otherwise specifically provided for in 
law: Provided, That the Secretary may initiate up to, but not more 
than, four new construction starts during fiscal year 2017: Provided 
further, That the new construction starts will consist of three 
projects where the majority of the benefits are derived from navigation 
transportation savings or from flood and storm damage reduction and one 
project where the majority of the benefits are derived from 
environmental restoration: Provided further, That for new construction 
projects, project cost sharing agreements shall be executed as soon as 
practicable but no later than August 31, 2017: Provided further, That 
no allocation for a new start shall be considered final and no work 
allowance shall be made until the Secretary provides to the Committees 
on Appropriations of both Houses of Congress an out-year funding 
scenario demonstrating the affordability of the selected new starts and 
the impacts on other projects: Provided further, That the Secretary may 
not deviate from the new starts proposed in the work plan, once the 
plan has been submitted to the Committees on Appropriations of both 
Houses of Congress.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $345,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $3,157,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104-303 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.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $200,000,000, to remain 
available until September 30, 2018.

            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, $103,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$34,000,000, 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, $180,000,000, to remain available until September 30, 2018, 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), $4,750,000, to remain 
available until September 30, 2018: Provided, That not more than 25 
percent of such amount may be obligated or expended until the Assistant 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress a work plan that allocates at least 95 percent of the 
additional funding provided under each heading in this title (as 
designated under such heading in the report of the Committee on 
Appropriations accompanying this Act) to specific programs, projects, 
or activities.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) The Corps of Engineers shall submit reports on a quarterly 
basis 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. 102.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    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 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 further, 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. 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, Kentucky, 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 approximately 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) 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, administer, 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, administer, or enforce any change to the regulations and 
guidance in effect on October 1, 2012, pertaining to the definition of 
waters under the jurisdiction of the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), including 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 prohibits 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 compliance 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 available until expended, of 
which $1,300,000 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, $1,350,000 shall be available until 
September 30, 2018, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior: Provided further, 
That for fiscal year 2017, of the amount made available to the 
Commission under this Act or any other Act, the Commission may use an 
amount not to exceed $1,500,000 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, $982,972,000, to remain available until expended, of which 
$22,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $5,551,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
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 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, $55,606,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, 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 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 five regions of the Bureau of Reclamation, to remain 
available until September 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 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 of not to exceed five passenger motor vehicles, which are for 
replacement only.

             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 restricted by this Act;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress;
            (5) transfers funds in excess of the following limits--
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' 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 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 205(2) of division D of Public Law 114-113 is 
amended by striking ``2016'' and inserting ``2017''.

    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 implementing the provisions of 
the smelt biological opinion or salmonid biological opinion, or any 
successor biological opinions or court orders, pertaining to management 
of reverse flow in the Old and Middle Rivers, the Secretary of the 
Interior shall--
            (1) consider the relevant provisions of the applicable 
        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 second 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 
        available, 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 biological 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 be established without an imminent negative impact 
        on the long-term survival of the species covered by the smelt 
        biological opinion or salmonid biological opinion, the 
        Secretary shall manage export pumping rates to achieve that 
        more negative OMR flow rate;
            (3) document, in writing, any significant facts about real-
        time conditions relevant to the determinations of OMR reverse 
        flow rates, including--
                    (A) whether targeted real-time fish monitoring 
                pursuant to this section, including monitoring in the 
                vicinity of Station 902, indicates that a significant 
                negative impact on the long-term survival of species 
                covered by the smelt biological opinion or salmonid 
                biological opinion is imminent; and
                    (B) whether near-term forecasts with available 
                models show under prevailing conditions that OMR flow 
                of -5,000 cubic feet per second or higher will cause a 
                significant negative impact on the long-term survival 
                of species covered by the smelt biological opinion or 
                salmonid biological opinion;
            (4) show, in writing, that any determination to manage OMR 
        reverse flow at rates less negative than -5,000 cubic feet per 
        second is necessary to 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 required 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.
    (b) No Reinitiation of Consultation.--In implementing or at the 
conclusion of actions under subsection (a), the Secretary of the 
Interior or the Secretary of Commerce 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 action taken 
under subsection (a) that does not create a significant negative impact 
on the long-term survival to species covered by the smelt biological 
opinion or salmonid biological opinion will not alter application of 
the take permitted 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 Secretary 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 Rivers 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 
biological opinions.

  temporary operational flexibility for first few storms of the water 
                                  year

    Sec. 205.  (a) In General.--Consistent with avoiding 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 Species 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 Geological Survey gauges on Old and Middle Rivers) daily 
average as described in subsections (b) and (c) to capture peak flows 
during storm events.
    (b) Days of Temporary Operational Flexibility.--The temporary 
operational flexibility described in subsection (a) shall be authorized 
on days that the California Department of Water Resources determines 
the net Sacramento-San Joaquin River Delta outflow index is at, or 
above, 13,000 cubic feet per second.
    (c) Compliance With Endangered Species Act Authorizations.--In 
carrying out this section, the Secretary of the Interior and the 
Secretary of Commerce may continue to impose any requirements under the 
smelt biological opinion and salmonid biological opinion during any 
period of temporary operational flexibility as they determine are 
reasonably necessary to avoid additional significant negative impacts 
on the long-term survival of a listed fish species over and above the 
range of impacts authorized under the Endangered Species Act of 1973, 
provided that the requirements imposed do not reduce water supplies 
available for the Central Valley Project and the California 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 regulatory 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 Joaquin River Delta in each 
        water year, and provided that such determination is based upon 
        objective evidence, OMR flow may be managed at rates less 
        negative than -5,000 cubic feet per second for a minimum 
        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 biological opinion from 
        April 1 to May 31, unless the Secretary of Commerce finds, 
        based on the best scientific 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 authorized under the 
        Endangered Species Act of 1973. In addition to any other 
        actions to benefit water supply, 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 Improvement Act. Water transfers solely 
        or exclusively through the California State Water Project that 
        do not require any use of Reclamation facilities or approval by 
        Reclamation are not required to be consistent 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 Wildlife 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 actions necessary to mitigate impacts of the temporary 
        operational flexibility to species listed under the Endangered 
        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 Secretary 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 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 Species Act of 1973.
    (f) Level of Detail Required for Analysis.--In articulating the 
determinations required under this section, 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 supporting detail for the analysis than feasible to provide 
within the short timeframe permitted for timely decision making in 
response to changing conditions in the Sacramento-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 survival of listed fish 
species over and above the range of impacts authorized under the 
Endangered Species Act of 1973.
    (h) No Reinitiation of Consultation.--In implementing or at the 
conclusion of actions under this section, the Secretary of the Interior 
shall not reinitiate consultation 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 authorized 
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 Secretary of the Interior 
        shall confer with the California Department of Fish and 
        Wildlife in connection with the implementation of this section 
        on potential impacts to any consistency determination for 
        operations of the State Water Project issued pursuant to 
        California Fish and Game Code section 2080.1.
            (2) Additional yield.--If, as a result of the application 
        of this section, the California Department of Fish and 
        Wildlife--
                    (A) determines that operations of the State Water 
                Project are inconsistent with the consistency 
                determinations issued pursuant to California Fish and 
                Game Code section 2080.1 for operations of the State 
                Water Project; or
                    (B) requires take authorization under California 
                Fish and Game Code section 2081 for operation of the 
                State Water Project in a manner 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 
                Valley 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 contractors to offset that reduced 
                water supply.
            (3) Notification related to environmental protections.--The 
        Secretary of the Interior and Secretary of Commerce shall--
                    (A) notify the Director of the California 
                Department of Fish and Wildlife regarding any changes 
                in the manner in which the smelt biological opinion or 
                the salmonid biological opinion is implemented; and
                    (B) confirm that those changes are consistent with 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
    (b) Area of Origin and Water Rights Protections.--
            (1) In general.--The Secretary of the Interior and the 
        Secretary of Commerce, in carrying out the mandates of this 
        section, shall take no action that--
                    (A) diminishes, impairs, or otherwise affects in 
                any manner any area of origin, watershed 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, without respect to whether such a 
                provision is specifically referred to in this section; 
                or
                    (C) diminishes, impairs, or otherwise affects 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 Commerce 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 undertaken 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 modifies any 
                obligation of the Secretary of the Interior under 
                section 8 of the Act of June 17, 1902 (32 Stat. 390, 
                chapter 1093).
                    (B) Nothing in this section diminishes, impairs, or 
                otherwise affects in any manner any Project purposes or 
                priorities for the allocation, delivery or use of water 
                under applicable law, including the Project purposes 
                and priorities established 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 Interior and 
        Secretary of Commerce shall not carry out any specific action 
        authorized under this section that will directly or through 
        State agency action indirectly 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 Settlement 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 section is intended to modify, amend or affect 
        any of the rights and obligations of the parties to such 
        contracts.
            (2) Action on determination.--If, after exploring all 
        options, the Secretary of the Interior or the Secretary of 
        Commerce makes a final determination that a proposed action 
        under this section cannot 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 applicable 
                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 
                watershed.--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 water service contract on the date of 
                enactment of this section that provides water for 
                irrigation.
                    (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 provided for irrigation purposes to 
                each existing Central Valley Project agricultural water 
                service contractor within the Sacramento River 
                Watershed 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 
                        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 preceded by 
                        a ``Below Normal'', ``Above Normal'', 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 
                        allocation 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 existing Central Valley 
                Project agricultural water service contractor within 
                the Sacramento River Watershed that is greater than 
                twice the allocation percentage to a south-of-Delta 
                Central Valley Project agricultural water service 
                contractor.
            (3) Protection of environment, municipal and industrial 
        supplies, and other contractors.--
                    (A) Environment.--Nothing in paragraph (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 Improvement Act (Public 
                        Law 102-575; 106 Stat. 4722); or
                            (iii) any obligation--
                                    (I) of the Secretary of the 
                                Interior and the Secretary of Commerce 
                                under the smelt biological opinion, the 
                                salmonid biological opinion, or any 
                                other applicable biological opinion; or
                                    (II) under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.) or 
                                any other applicable law (including 
                                regulations).
                    (B) Municipal and industrial supplies.--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 Secretary 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 Secretary 
                        of Commerce to implement a municipal or 
                        industrial water shortage policy;
                            (iv) constrains, governs, or affects, 
                        directly or indirectly, the operations of the 
                        American River division of the Central Valley 
                        Project or any deliveries from that division 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 individual 
                        or entity with Sacramento River water rights, 
                        including an individual or entity 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;
                            (iv) results in the involuntary reduction 
                        in contract water allocations to individuals 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 available 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 available 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 directed 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 
programs, conjunctive use projects, water transfers, rescheduled 
project water and other projects to maximize water storage and ensure 
the beneficial use of the water resources in the Stanislaus River 
Basin. All such programs and projects shall be implemented according to 
all applicable 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 Congress within 18 months setting forth the amount of 
storage 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 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, $1,825,000,000, to 
remain available until expended: Provided, That of such amount, 
$149,500,000 shall be available 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 capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
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, $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 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 and the purchase of no more than three 
emergency service vehicles for replacement only, $1,011,616,000, to 
remain available until expended: Provided, That of such amount, 
$80,000,000 shall be available until September 30, 2018, for program 
direction.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 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), $645,000,000, to remain available until expended: Provided, 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 (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: 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.), $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 carrying out the 
activities of the Energy Information Administration, $122,000,000, 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, $226,745,000, to remain available until 
expended.

      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 (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 Enrichment Decontamination and Decommissioning 
Fund, to remain 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.

                                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 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 17 passenger motor vehicles 
for replacement only, including one ambulance and one bus, 
$5,400,000,000, to remain available 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 remain available until expended, and to be derived 
from the Nuclear Waste Fund: Provided, That of the amount provided 
under this heading, $5,000,000 shall be made available to affected 
units of local government, as defined in section 2(31) of the Nuclear 
Waste Policy Act of 1982 (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 carrying 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: 
Provided, That of such amount, $29,250,000 shall be available 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 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 to carry out this 
Loan Guarantee program, $37,000,000 is appropriated, 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 account 
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 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 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, $5,000,000, to remain available until September 30, 2018.

                      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.), 
$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 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 $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, 
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 
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.

                    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 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, $9,285,147,000, to 
remain available until expended: Provided, That of such amount, 
$97,118,000 shall be available until September 30, 2018, for program 
direction: Provided 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.

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

    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, $1,821,916,000, to 
remain available until expended: Provided, 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 support activities for such 
Project: Provided further, That of the unobligated balances from prior 
year appropriations available under this heading, $14,000,000 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.

                             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.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,420,120,000, 
to remain available until expended: Provided, That of such amount, 
$44,100,000 shall be available until September 30, 2018, for program 
direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $382,387,000, to remain 
available until September 30, 2018, including official reception and 
representation expenses 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 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, 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 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, $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 Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses 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 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, $1,000,000, 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 $1,000,000 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 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 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, $45,643,000, 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 $34,586,000 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 2017 appropriation 
estimated at not more than $11,057,000: Provided further, That 
notwithstanding 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 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, $307,144,000, including official reception and 
representation 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 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 $211,563,000 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 2017 appropriation 
estimated at not more than $95,581,000, of which $88,179,000 is derived 
from the Reclamation Fund: Provided further, That notwithstanding 31 
U.S.C. 3302, up to $367,009,000 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, $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 
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 $3,838,000 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 
2017 appropriation estimated at not more than $232,000: 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 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 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, $346,800,000, 
to remain available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $346,800,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2017 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 2017 so as to result in a 
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 Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make a grant allocation or discretionary grant award 
        totaling $1,000,000 or more;
            (B) make a discretionary contract award or Other 
        Transaction Agreement totaling $1,000,000 or more, including a 
        contract covered by the Federal Acquisition Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or 
        (B); or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).
    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling less than $1,000,000 provided during 
the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
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 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 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.
    Sec. 302.  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. 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 Intelligence 
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 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. 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 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. 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 prohibition 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 delegated.
    (c) A waiver under subsection (b) shall not be effective 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 report on the justification for the waiver.
    Sec. 307. (a) New Regional Reserves.--The Secretary of Energy may 
not establish any new regional petroleum product reserve unless funding 
for the proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget submission and approved by the 
Congress in an appropriations Act.
    (b) The budget request or notification shall include--
            (1) the justification for the new reserve;
            (2) a cost estimate for the establishment, operation, and 
        maintenance of the reserve, including funding sources;
            (3) a detailed plan for operation of the reserve, including 
        the conditions upon which the products may be released;
            (4) the location of the reserve; and
            (5) the estimate of the total inventory of the reserve.
    Sec. 308. (a) Any unobligated balances available from amounts 
appropriated in prior fiscal years for the following accounts that were 
apportioned in Category C (as defined in section 120 of Office of 
Management and Budget Circular No A-11), are hereby rescinded in the 
specified amounts:
    (1)``Atomic Energy Defense Activities--National Nuclear Security 
Administration--Weapons Activities'', $64,126,393.
    (2) ``Atomic Energy Defense Activities--National Nuclear Security 
Administration--Defense Nuclear Nonproliferation'', $19,127,803.
    (3) ``Atomic Energy Defense Activities--National Nuclear Security 
Administration--Naval Reactors'', $307,262.
    (b) No amounts may be rescinded under subsection (a) from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 309.  Not to exceed $2,000,000, in aggregate, of the amounts 
made available by this title may be made available for project 
engineering and design of the Consolidated Emergency Operations Center.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 
14704, 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, $146,000,000, 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, $31,000,000, to 
remain available until September 30, 2018.

                        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 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $15,000,000, to remain available until expended.

                           Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $11,000,000, 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 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.

                  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, $5,000,000, 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, $250,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $936,121,000, including official representation expenses 
not to exceed $25,000, to remain available until expended, of which 
$20,000,000 shall be derived from the Nuclear Waste Fund: Provided, 
That of the amount appropriated herein, not more than $7,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2018, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the 
Commission: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$786,853,000 in fiscal year 2017 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 of the amounts appropriated under this heading, not less 
than $5,000,000 shall be for activities related to the development of 
regulatory infrastructure for advanced nuclear technologies, and 
$18,000,000 shall be for international activities, except that the 
amounts provided under this proviso shall not be derived from fee 
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the 
sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2017 so as to result in a final fiscal year 
2017 appropriation estimated at not more than $149,268,000: Provided 
further, That of the amounts appropriated under this heading, 
$10,000,000 shall be for university research and development in areas 
relevant to the Commission's mission, and $5,000,000 shall be for a 
Nuclear Science and Engineering Grant Program that will support 
multiyear projects that do not align with programmatic missions but are 
critical to maintaining the discipline of nuclear science and 
engineering.

                      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, 
$12,129,000, to remain available until September 30, 2018: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,044,000 in fiscal year 2017 
shall be retained and be available until September 30, 2018, 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 2017 so as to result in a final fiscal year 
2017 appropriation estimated at not more than $2,085,000: Provided 
further, That of the amounts appropriated under this heading, $969,000 
shall be for Inspector General services for the Defense Nuclear 
Facilities Safety Board, which shall not be available from fee 
revenues.

                  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, $3,600,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2018.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Nuclear Regulatory Commission shall comply with the 
July 5, 2011, version of Chapter VI of its Internal Commission 
Procedures when responding to Congressional requests for information.
    Sec. 402. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed for any program, 
project, or activity, and the Commission shall notify the Committees on 
Appropriations of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any program funding 
level to increase or decrease by more than $500,000 or 10 percent, 
whichever is less, during the time period covered by this Act.
    (b)(1) The Nuclear Regulatory Commission may waive the notification 
requirement in subsection (a) if compliance with such requirement would 
pose a substantial risk to human health, the environment, welfare, or 
national security.
    (2) The Nuclear Regulatory Commission shall notify the Committees 
on Appropriations of both Houses of Congress of any waiver under 
paragraph (1) as soon as practicable, but not later than 3 days after 
the date of the activity to which a requirement or restriction would 
otherwise have applied. Such notice shall include an explanation of the 
substantial risk under paragraph (1) that permitted such waiver and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.
    (c) Except as provided in subsections (a), (b), and (d), the 
amounts made available by this title for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be expended as directed in 
the report of the Committee on Appropriations 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

    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 of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced 
in the report of the Committee on Appropriations accompanying this Act, 
or any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality, used in the previous 6 months and in the year-to-date. 
This report shall include the amounts transferred and the purposes for 
which they were transferred, and shall not replace or modify existing 
notification requirements for each authority.
    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.
    Sec. 505.  None of the funds made available by this Act may be used 
to conduct closure of adjudicatory functions, technical review, or 
support activities associated with Yucca Mountain geologic repository 
license application, or for actions that irrevocably remove the 
possibility that Yucca Mountain may be a repository option in the 
future.
    Sec. 506.  None of the funds made available by this Act may be used 
to further implementation of the coastal and marine spatial planning 
and ecosystem-based management components of the National Ocean Policy 
developed under Executive Order No. 13547 of July 19, 2010.
    Sec. 507.  None of the funds made available by this Act may be used 
for the removal of any federally owned or operated dam.

                       spending reduction account

    Sec. 508.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2017''.
                                                 Union Calendar No. 411

114th CONGRESS

  2d Session

                               H. R. 5055

                          [Report No. 114-532]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2017, and for other 
                               purposes.

_______________________________________________________________________

                             April 26, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
Energy and Water Development and Related Agencies Appropriations Act, 2017

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