[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2028 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 96
114th CONGRESS
  1st Session
                                H. R. 2028

                          [Report No. 114-54]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2015

  Received; read twice and referred to the Committee on Appropriations

                              May 21, 2015

              Reported by Mr. Alexander, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2016, 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, 2016, and 
for other purposes, namely:

         <DELETED>TITLE I--CORPS OF ENGINEERS--CIVIL</DELETED>

               <DELETED>DEPARTMENT OF THE ARMY</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>investigations</DELETED>

<DELETED>    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, $110,000,000 (increased by $1,000,000), to remain 
available until expended.</DELETED>

                    <DELETED>construction</DELETED>

<DELETED>    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); $1,631,000,000 (increased by $3,000,000) (increased by 
$1,000,000) (reduced by $10,000,000) (increased by $10,000,000), 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.</DELETED>

          <DELETED>mississippi river and tributaries</DELETED>

<DELETED>    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, $275,000,000, 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.</DELETED>

              <DELETED>operation and maintenance</DELETED>

<DELETED>    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, $3,058,000,000 (increased by $36,306,000), 
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.</DELETED>

                 <DELETED>regulatory program</DELETED>

<DELETED>    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, $200,000,000 
(reduced by $424,000), to remain available until September 30, 
2017.</DELETED>

   <DELETED>formerly utilized sites remedial action program</DELETED>

<DELETED>    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, $104,000,000, to remain available 
until expended.</DELETED>

        <DELETED>flood control and coastal emergencies</DELETED>

<DELETED>    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.</DELETED>

                      <DELETED>expenses</DELETED>

<DELETED>    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 (reduced by $1,000,000), to remain available 
until September 30, 2017, 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.</DELETED>

   <DELETED>office of the assistant secretary of the army for civil 
                            works</DELETED>

<DELETED>    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 
(increased by $30,000,000) (reduced by $30,000,000), to remain 
available until September 30, 2017:  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.</DELETED>

    <DELETED>GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 101. (a) None of the funds provided in this title 
shall be available for obligation or expenditure through a 
reprogramming of funds that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds or personnel for any program, 
        project, or activity for which funds have been denied or 
        restricted by this Act;</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act;</DELETED>
        <DELETED>    (5) increases funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less; or</DELETED>
        <DELETED>    (6) reduces funds for any program, project, or 
        activity by more than $2,000,000 or 10 percent, whichever is 
        less.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 $4,700,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.</DELETED>
<DELETED>    Sec. 104.  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.).</DELETED>
<DELETED>    Sec. 105.  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.</DELETED>
<DELETED>    Sec. 106.  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)).</DELETED>
<DELETED>    Sec. 107.  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--</DELETED>
        <DELETED>    (1) the individual is not otherwise prohibited by 
        law from possessing the firearm; and</DELETED>
        <DELETED>    (2) the possession of the firearm is in compliance 
        with the law of the State in which the water resources 
        development project is located.</DELETED>
<DELETED>    Sec. 108.  No funds in this Act shall be used for an open 
lake placement alternative of 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 33 U.S.C. 1341.</DELETED>

        <DELETED>TITLE II--DEPARTMENT OF THE INTERIOR</DELETED>

                <DELETED>Central Utah Project</DELETED>

       <DELETED>central utah project completion account</DELETED>

<DELETED>    For carrying out activities authorized by the Central Utah 
Project Completion Act, $9,874,000, to remain available until expended, 
of which $1,000,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission:  Provided, That of the amount 
provided under this heading, $1,300,000 shall be available until 
September 30, 2017, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior:  Provided further, 
That for fiscal year 2016, 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.</DELETED>

                <DELETED>Bureau of Reclamation</DELETED>

<DELETED>    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:</DELETED>

             <DELETED>water and related resources</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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, $948,640,000 (increased 
by $2,000,000), to remain available until expended, of which $22,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $5,899,000 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.</DELETED>

       <DELETED>central valley project restoration fund</DELETED>

<DELETED>    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $49,528,000, 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.</DELETED>

          <DELETED>california bay-delta restoration</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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, $37,000,000, 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.</DELETED>

              <DELETED>policy and administration</DELETED>

<DELETED>    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, 2017, $59,500,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That not more than 25 percent of such amount may be obligated 
or expended until Reclamation complies with congressional and statutory 
direction related to Technical Memorandum 8140-CC-2004-1 (``Corrosion 
Considerations for Buried Metallic Water Pipe'') and the associated 
pipeline reliability study:  Provided further, That no part of any 
other appropriation in this Act shall be available for activities or 
functions budgeted as policy and administration expenses.</DELETED>

              <DELETED>administrative provision</DELETED>

<DELETED>    Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed five passenger motor vehicles, 
which are for replacement only.</DELETED>

   <DELETED>GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR</DELETED>

<DELETED>    Sec. 201. (a) None of the funds provided in this title 
shall be available for obligation or expenditure through a 
reprogramming of funds that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds for any program, project, or 
        activity for which funds have been denied or restricted by this 
        Act;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) transfers funds in excess of the following 
        limits--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) transfers, when 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.</DELETED>
<DELETED>    (b) Subsection (a)(5) shall not apply to any transfer of 
funds within the Facilities Operation, Maintenance, and Rehabilitation 
category.</DELETED>
<DELETED>    (c) For purposes of this section, the term ``transfer'' 
means any movement of funds into or out of a program, project, or 
activity.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 203.  The Secretary of the Interior, acting through 
the Commissioner of Reclamation, shall--</DELETED>
        <DELETED>    (1) complete the feasibility studies described in 
        clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public 
        Law 108-361 (118 Stat. 1684) and submit such studies to the 
        appropriate committees of the House of Representatives and the 
        Senate not later than December 31, 2015;</DELETED>
        <DELETED>    (2) complete the feasibility studies described in 
        clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public 
        Law 108-361 and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than November 30, 2016;</DELETED>
        <DELETED>    (3) complete the feasibility study described in 
        section 103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and 
        submit such study to the appropriate committees of the House of 
        Representatives and the Senate not later than December 31, 
        2017; and</DELETED>
        <DELETED>    (4) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of the 
        enactment of this Act and each 180 days thereafter until 
        December 31, 2017, as applicable. The report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and Records 
        of Decision.</DELETED>

           <DELETED>TITLE III--DEPARTMENT OF ENERGY</DELETED>

                   <DELETED>ENERGY PROGRAMS</DELETED>

       <DELETED>Energy Efficiency and Renewable Energy</DELETED>

<DELETED>    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, $1,657,774,000 
(reduced by $4,000,000) (increased by $4,000,000) (increased by 
$9,000,000) (increased by $2,000,000), to remain available until 
expended:  Provided, That of such amount, $150,000,000 shall be 
available until September 30, 2017, for program direction.</DELETED>

     <DELETED>Electricity Delivery and Energy Reliability</DELETED>

<DELETED>    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, $187,500,000, to 
remain available until expended:  Provided, That of such amount, 
$27,000,000 shall be available until September 30, 2017, for program 
direction.</DELETED>

                   <DELETED>Nuclear Energy</DELETED>

<DELETED>    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, $936,161,000, to remain available until 
expended:  Provided, That of such amount, $80,000,000 shall be 
available until September 30, 2017, for program direction including 
official reception and representation expenses not to exceed 
$10,000.</DELETED>

       <DELETED>Fossil Energy Research and Development</DELETED>

<DELETED>    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), $605,000,000, to remain available until expended:  Provided, 
That of such amount $120,000,000 shall be available until September 30, 
2017, for program direction.</DELETED>

       <DELETED>Naval Petroleum and Oil Shale Reserves</DELETED>

<DELETED>    For Department of Energy expenses necessary to carry out 
naval petroleum and oil shale reserve activities, $17,500,000, 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.</DELETED>

             <DELETED>Strategic Petroleum Reserve</DELETED>

<DELETED>    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.), $212,030,000, to remain available until 
expended.</DELETED>

         <DELETED>Northeast Home Heating Oil Reserve</DELETED>

<DELETED>    For Department of Energy expenses necessary for Northeast 
Home Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $7,600,000, to remain available until expended.</DELETED>

          <DELETED>Energy Information Administration</DELETED>

<DELETED>    For Department of Energy expenses necessary in carrying 
out the activities of the Energy Information Administration, 
$117,000,000, to remain available until expended.</DELETED>

          <DELETED>Non-Defense Environmental Cleanup</DELETED>

<DELETED>    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, $229,193,000, to remain available until 
expended.</DELETED>

    <DELETED>Uranium Enrichment Decontamination and Decommissioning 
                             Fund</DELETED>

<DELETED>    For Department of Energy expenses necessary in carrying 
out uranium enrichment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the Atomic Energy 
Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$625,000,000, 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 X, subtitle A, 
of the Energy Policy Act of 1992.</DELETED>

                       <DELETED>Science</DELETED>

<DELETED>    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, 
$5,100,000,000, to remain available until expended:  Provided, That of 
such amount, $181,000,000 shall be available until September 30, 2017, 
for program direction.</DELETED>

               <DELETED>Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Advanced Research Projects Agency--Energy</DELETED>

<DELETED>    For Department of Energy expenses necessary in carrying 
out the activities authorized by section 5012 of the America COMPETES 
Act (Public Law 110-69), $280,000,000, to remain available until 
expended:  Provided, That of such amount $28,000,000 shall be available 
until September 30, 2017, for program direction.</DELETED>

        <DELETED>Title 17 Innovative Technology Loan Guarantee 
                           Program</DELETED>

<DELETED>    Such sums as are derived from amounts received from 
borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 
under this heading in prior Acts, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974:  Provided, 
That, for necessary administrative expenses to carry out this Loan 
Guarantee program, $42,000,000 is appropriated, to remain available 
until September 30, 2017:  Provided further, That $25,000,000 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 2016 appropriation 
from the general fund estimated at not more than $17,000,000:  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.</DELETED>

       <DELETED>Advanced Technology Vehicles Manufacturing Loan 
                           Program</DELETED>

<DELETED>    For Department of Energy administrative expenses necessary 
in carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $6,000,000, to remain available until September 30, 
2017.</DELETED>

             <DELETED>Departmental Administration</DELETED>

<DELETED>    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.), 
$247,420,000 (reduced by $1,000,000) (reduced by $3,000,000) (reduced 
by $36,720,000) (reduced by $2,000,000) (reduced by $9,000,000) 
(reduced by $2,000,000) (reduced by $1,000,000) (increased by 
$1,000,000), to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 
2016 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 
2016 appropriation from the general fund estimated at not more than 
$130,249,000:  Provided further, That of the total amount made 
available under this heading, $31,297,000 is for Energy Policy and 
Systems Analysis.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    For expenses necessary for the Office of the Inspector 
General in carrying out the provisions of the Inspector General Act of 
1978, $46,000,000 (increased by $424,000), to remain available until 
September 30, 2017.</DELETED>

          <DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>

      <DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>

                 <DELETED>Weapons Activities</DELETED>

<DELETED>    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, $8,713,000,000, to 
remain available until expended:  Provided, That $92,000,000 shall be 
available until September 30, 2017, for program direction.</DELETED>

          <DELETED>Defense Nuclear Nonproliferation</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    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, $1,918,000,000 
(reduced by $13,802,000) (increased by $10,000,000) (increased by 
$3,802,000), 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, 
$10,394,000 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.</DELETED>

                   <DELETED>Naval Reactors</DELETED>

<DELETED>    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, $1,320,394,000 
(increased by $2,426,400), to remain available until expended:  
Provided, That $43,500,000 shall be available until September 30, 2017, 
for program direction.</DELETED>

            <DELETED>Federal Salaries and Expenses</DELETED>

<DELETED>    For expenses necessary for Federal Salaries and Expenses 
in the National Nuclear Security Administration, $388,000,000 (reduced 
by $2,500,000), to remain available until September 30, 2017, including 
official reception and representation expenses not to exceed 
$12,000.</DELETED>

     <DELETED>ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES</DELETED>

            <DELETED>Defense Environmental Cleanup</DELETED>

<DELETED>    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 and one armored vehicle 
for replacement only, $5,055,550,000, to remain available until 
expended:  Provided, That of such amount $281,951,000 shall be 
available until September 30, 2017, for program direction.</DELETED>

        <DELETED>Defense Uranium Enrichment Decontamination and 
                       Decommissioning</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for atomic energy defense 
environmental cleanup activities for Department of Energy contributions 
for uranium enrichment decontamination and decommissioning activities, 
$471,797,000, to be deposited into the Defense Environmental Cleanup 
account which shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.</DELETED>

              <DELETED>Other Defense Activities</DELETED>

<DELETED>    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, $767,570,000, to remain available until expended:  Provided, 
That of such amount, $253,729,000 shall be available until September 
30, 2017, for program direction.</DELETED>

           <DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>

        <DELETED>Bonneville Power Administration Fund</DELETED>

<DELETED>    Expenditures from the Bonneville Power Administration 
Fund, established pursuant to Public Law 93-454, are approved for the 
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake 
River Sockeye Weirs and, in addition, for official reception and 
representation expenses in an amount not to exceed $5,000:  Provided, 
That during fiscal year 2016, no new direct loan obligations may be 
made.</DELETED>

        <DELETED>Operation and Maintenance, Southeastern Power 
                        Administration</DELETED>

<DELETED>    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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more 
than $0:  Provided further, That, notwithstanding 31 U.S.C. 3302, up to 
$66,500,000 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).</DELETED>

        <DELETED>Operation and Maintenance, Southwestern Power 
                        Administration</DELETED>

<DELETED>    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, $47,361,000, 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 $35,961,000 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 2016 appropriation 
estimated at not more than $11,400,000:  Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $63,000,000 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).</DELETED>

   <DELETED>Construction, Rehabilitation, Operation and Maintenance, 
              Western Area Power Administration</DELETED>

<DELETED>    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, $307,714,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation 
estimated at not more than $93,372,000, of which $87,658,000 is derived 
from the Reclamation Fund:  Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $352,813,000 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).</DELETED>

  <DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>

<DELETED>    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, 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 $4,262,000 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 
2016 appropriation estimated at not more than $228,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred:  Provided further, That for fiscal year 2016, the 
Administrator of the Western Area Power Administration may accept up to 
$460,000 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.</DELETED>

        <DELETED>Federal Energy Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, $319,800,000, to remain available until expended:  Provided, 
That notwithstanding any other provision of law, not to exceed 
$319,800,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 
appropriation from the general fund estimated at not more than 
$0.</DELETED>

      <DELETED>GENERAL PROVISIONS--DEPARTMENT OF ENERGY</DELETED>

    <DELETED>(including transfer and rescissions of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) make a grant allocation or discretionary grant 
        award totaling $1,000,000 or more;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (C) issue a letter of intent to make an 
        allocation, award, or Agreement in excess of the limits in 
        subparagraph (A) or (B); or</DELETED>
        <DELETED>    (D) announce publicly the intention to make an 
        allocation, award, or Agreement in excess of the limits in 
        subparagraph (A) or (B).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the contract, grant, or cooperative agreement 
        is funded for the full period of performance as anticipated at 
        the time of award; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--</DELETED>
        <DELETED>    (1) creates, initiates, or eliminates a program, 
        project, or activity;</DELETED>
        <DELETED>    (2) increases funds or personnel for any program, 
        project, or activity for which funds are denied or restricted 
        by this Act; or</DELETED>
        <DELETED>    (3) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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. 
414) during fiscal year 2016 until the enactment of the Intelligence 
Authorization Act for fiscal year 2016.</DELETED>
<DELETED>    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 Independent Enterprise 
Assessments to ensure the project is in compliance with nuclear safety 
requirements.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 306.  Notwithstanding section 301(c) of this Act, 
none of the funds made available under the heading ``Department of 
Energy--Energy Programs--Science'' may be used for a multiyear 
contract, grant, cooperative agreement, or Other Transaction Agreement 
of $1,000,000 or less unless the contract, grant, cooperative 
agreement, or Other Transaction Agreement is funded for the full period 
of performance as anticipated at the time of award.</DELETED>
<DELETED>    Sec. 307. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 308. (a) Notification of Strategic Petroleum Reserve 
Drawdown.--None of the funds made available by this Act or any prior 
Act, or funds made available in the SPR Petroleum Account, may be used 
to conduct a drawdown (including a test drawdown) and sale or exchange 
of petroleum products from the Strategic Petroleum Reserve unless the 
Secretary of Energy provides notice, in accordance with subsection (b), 
of such exchange, or drawdown (including a test drawdown) to the 
Committees on Appropriations of both Houses of Congress.</DELETED>
<DELETED>    (b)(1) Content of Notification.--The notification required 
under subsection (a) shall include at a minimum--</DELETED>
        <DELETED>    (A) the justification for the drawdown or 
        exchange, including--</DELETED>
                <DELETED>    (i) a specific description of any 
                obligation under international energy agreements; 
                and</DELETED>
                <DELETED>    (ii) in the case of a test drawdown, the 
                specific aspects of the Strategic Petroleum Reserve to 
                be tested;</DELETED>
        <DELETED>    (B) the provisions of law (including regulations) 
        authorizing the drawdown or exchange;</DELETED>
        <DELETED>    (C) the number of barrels of petroleum products 
        proposed to be withdrawn or exchanged;</DELETED>
        <DELETED>    (D) the location of the Strategic Petroleum 
        Reserve site or sites from which the petroleum products are 
        proposed to be withdrawn;</DELETED>
        <DELETED>    (E) a good faith estimate of the expected proceeds 
        from the sale of the petroleum products;</DELETED>
        <DELETED>    (F) an estimate of the total inventories of 
        petroleum products in the Strategic Petroleum Reserve after the 
        anticipated drawdown;</DELETED>
        <DELETED>    (G) a detailed plan for disposition of the 
        proceeds after deposit into the SPR Petroleum Account; 
        and</DELETED>
        <DELETED>    (H) a plan for refilling the Strategic Petroleum 
        Reserve, including whether the acquisition will be of the same 
        or a different petroleum product.</DELETED>
        <DELETED>    (2) Timing of notification.--The Secretary shall 
        provide the notification required under subsection (a)--
        </DELETED>
                <DELETED>    (A) in the case of an exchange or a 
                drawdown, as soon as practicable after the exchange or 
                drawdown has occurred; and</DELETED>
                <DELETED>    (B) in the case of a test drawdown, not 
                later than 30 days prior to the test 
                drawdown.</DELETED>
<DELETED>    (c) Post-Sale Notification.--In addition to reporting 
requirements under other provisions of law, the Secretary shall, upon 
the execution of all contract awards associated with a competitive sale 
of petroleum products, notify the Committees on Appropriations of both 
Houses of Congress of the actual value of the proceeds from the 
sale.</DELETED>
<DELETED>    (d)(1) New Regional Reserves.--The Secretary 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.</DELETED>
        <DELETED>    (2) The budget request or notification shall 
        include--</DELETED>
                <DELETED>    (A) the justification for the new 
                reserve;</DELETED>
                <DELETED>    (B) a cost estimate for the establishment, 
                operation, and maintenance of the reserve, including 
                funding sources;</DELETED>
                <DELETED>    (C) a detailed plan for operation of the 
                reserve, including the conditions upon which the 
                products may be released;</DELETED>
                <DELETED>    (D) the location of the reserve; 
                and</DELETED>
                <DELETED>    (E) the estimate of the total inventory of 
                the reserve.</DELETED>
<DELETED>    Sec. 309.  Of the amounts made available by this Act for 
``National Nuclear Security Administration--Weapons Activities'', up to 
$50,000,000 may be reprogrammed within such account for Domestic 
Uranium Enrichment, subject to the notice requirement in section 
301(e).</DELETED>
<DELETED>    Sec. 310. (a) Unobligated balances available from 
appropriations for fiscal years 2005 through 2010 are hereby 
permanently rescinded from the following accounts of the Department of 
Energy in the specified amounts:</DELETED>
        <DELETED>    (1) ``Energy Programs--Energy Efficiency and 
        Renewable Energy'', $16,677,000.</DELETED>
        <DELETED>    (2) ``Energy Programs--Electricity Delivery and 
        Energy Reliability'', $900,000.</DELETED>
        <DELETED>    (3) ``Energy Programs--Nuclear Energy'', 
        $1,665,000.</DELETED>
        <DELETED>    (4) ``Energy Programs--Fossil Energy Research and 
        Development'', $12,064,000.</DELETED>
        <DELETED>    (5) ``Energy Programs--Science'', 
        $4,717,000.</DELETED>
        <DELETED>    (6) ``Power Marketing Administrations--
        Construction, Rehabilitation, Operation and Maintenance, 
        Western Area Power Administration'', $4,832,000.</DELETED>
<DELETED>    (b) No amounts may be rescinded by this section 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.</DELETED>

           <DELETED>TITLE IV--INDEPENDENT AGENCIES</DELETED>

           <DELETED>Appalachian Regional Commission</DELETED>

<DELETED>    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, $95,000,000, to 
remain available until expended.</DELETED>

       <DELETED>Defense Nuclear Facilities Safety Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, 
$29,900,000, to remain available until September 30, 2017.</DELETED>

              <DELETED>Delta Regional Authority</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, $12,000,000, to remain available until 
expended.</DELETED>

                  <DELETED>Denali Commission</DELETED>

<DELETED>    For expenses necessary for the Denali Commission including 
the purchase, construction, and acquisition of plant and capital 
equipment as necessary and other expenses, $10,000,000, 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.</DELETED>

         <DELETED>Northern Border Regional Commission</DELETED>

<DELETED>    For expenses necessary for the Northern Border Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $3,000,000, 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.</DELETED>

       <DELETED>Southeast Crescent Regional Commission</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Nuclear Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, $1,003,233,000, including official representation 
expenses not to exceed $25,000, to remain available until expended, of 
which $25,000,000 shall be derived from the Nuclear Waste Fund:  
Provided, That of the amount appropriated herein, not more than 
$9,500,000 may be made available for salaries, travel, and other 
support costs for the Office of the Commission, to remain available 
until September 30, 2017, 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 $862,274,000 in fiscal year 2016 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended:  Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2016 so 
as to result in a final fiscal year 2016 appropriation estimated at not 
more than $140,959,000:  Provided further, That of the amounts 
appropriated under this heading, $10,000,000 shall be for university 
research and development in areas relevant to their respective 
organization'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.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, 
$12,136,000, to remain available until September 30, 2017:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,060,000 in fiscal year 2016 
shall be retained and be available until September 30, 2017, 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 2016 so as to result in a final fiscal year 
2016 appropriation estimated at not more than $2,076,000:  Provided 
further, That of the amounts appropriated under this heading, $958,000 
shall be for Inspector General services for the Defense Nuclear 
Facilities Safety Board, which shall not be available from fee 
revenues.</DELETED>

        <DELETED>Nuclear Waste Technical Review Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, 2017.</DELETED>

   <DELETED>Office of the Federal Coordinator for Alaska Natural Gas 
                   Transportation Projects</DELETED>

<DELETED>    For expenses necessary for the Office of the Federal 
Coordinator for Alaska Natural Gas Transportation Projects pursuant to 
the Alaska Natural Gas Pipeline Act, $1,000,000, to remain available 
until September 30, 2017:  Provided, That any fees, charges, or 
commissions received pursuant to section 106(h) of the Alaska Natural 
Gas Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2016 in excess of 
$2,402,000 shall not be available for obligation until appropriated in 
a subsequent Act of Congress.</DELETED>

      <DELETED>GENERAL PROVISIONS--INDEPENDENT AGENCIES</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    Sec. 504.  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 the 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.</DELETED>
<DELETED>    Sec. 505.  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.</DELETED>

             <DELETED>spending reduction account</DELETED>

<DELETED>    Sec. 506.  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.</DELETED>
<DELETED>    Sec. 507.  None of the funds made available by this Act 
may be used to transform the National Energy Technology Laboratory into 
a government-owned, contractor-operated laboratory, or to consolidate 
or close the National Energy Technology Laboratory.</DELETED>
<DELETED>    Sec. 508.  None of the funds made available in this 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 Islamic Republic of Iran except for contracts 
or agreements that require the Islamic Republic of Iran to cease the 
pursuit, acquisition, and development of nuclear weapons 
technology.</DELETED>
<DELETED>    Sec. 509.  None of the funds made available by this Act 
may be used by the Department of Energy, the Department of the 
Interior, or any other Federal agency to lease or purchase new light 
duty vehicles for any executive fleet, or for an agency's fleet 
inventory, except in accordance with Presidential Memorandum--Federal 
Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED>    Sec. 510.  None of the funds made available by this Act 
may be used by the Department of Energy to finalize, implement, or 
enforce the proposed rule entitled ``Standards Ceiling Fans and Ceiling 
Fan Light Kits'' and identified by regulation identification number 
1904-AC87.</DELETED>
<DELETED>    Sec. 511.  None of the funds made available in this Act 
may be used in contravention of section 2101 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2238b) or section 210 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2238).</DELETED>
<DELETED>    Sec. 512.  None of the funds made available by this Act 
may be used for the Cape Wind Energy Project on the Outer Continental 
Shelf off Massachusetts, Nantucket Sound.</DELETED>
<DELETED>    Sec. 513.  None of the funds made available in this Act 
may be used--</DELETED>
        <DELETED>    (1) to implement or enforce section 430.32(x) of 
        title 10, Code of Federal Regulations; or</DELETED>
        <DELETED>    (2) to implement or enforce the standards 
        established by the tables contained in section 325(i)(1)(B) of 
        the Energy Policy and Conservation Act (42 U.S.C. 
        6295(i)(1)(B)) with respect to BPAR incandescent reflector 
        lamps, BR incandescent reflector lamps, and ER incandescent 
        reflector lamps.</DELETED>
<DELETED>    Sec. 514.  None of the funds made available by this Act 
may be used to implement, administer, carry out, modify, revise, or 
enforce Executive Order No. 13690 (entitled ``Establishing a Federal 
Flood Risk Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input'').</DELETED>
<DELETED>    Sec. 515.  None of the funds made available by this Act 
for ``Department of Energy--Energy Programs--Science'' may be used in 
contravention of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.).</DELETED>
<DELETED>    Sec. 516.  None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are procured 
from a manufacturer that is part of the national technology and 
industrial base.</DELETED>
<DELETED>    Sec. 517.  None of the funds made available by this Act 
may be used for the removal of any federally owned or operated 
dam.</DELETED>
<DELETED>    Sec. 518.  None of the funds made available by this Act 
may be used to enter into a contract with any offeror or any of its 
principals if the offeror certifies, as required by Federal Acquisition 
Regulation, that the offeror or any of its principals--</DELETED>
        <DELETED>    (1) within a 3-year period preceding this offer 
        has been convicted of or had a civil judgment rendered against 
        it for: commission of fraud or a criminal offense in connection 
        with obtaining, attempting to obtain, or performing a public 
        (Federal, State, or local) contract or subcontract; violation 
        of Federal or State antitrust statutes relating to the 
        submission of offers; or commission of embezzlement, theft, 
        forgery, bribery, falsification or destruction of records, 
        making false statements, tax evasion, violating Federal 
        criminal tax laws, or receiving stolen property;</DELETED>
        <DELETED>    (2) are presently indicted for, or otherwise 
        criminally or civilly charged by a governmental entity with, 
        commission of any of the offenses enumerated above in paragraph 
        (1); or</DELETED>
        <DELETED>    (3) within a 3-year period preceding this offer, 
        has been notified of any delinquent Federal taxes in an amount 
        that exceeds $3,000 for which the liability remains 
        unsatisfied.</DELETED>
<DELETED>    Sec. 519.  None of the funds made available by this Act 
may be used to finalize, promulgate, or enforce the Department of 
Energy's proposed rule entitled ``Energy Conservation Program for 
Consumer Products: Energy Conservation Standards for Residential 
Furnaces'' (80 Fed. Reg. 48: March 12, 2015).</DELETED>
<DELETED>    Sec. 520.  None of the funds made available by this Act 
may be used to continue the study conducted by the Army Corps of 
Engineers pursuant to section 5018(a)(1) of the Water Resources 
Development Act of 2007 (Public Law 110-114).</DELETED>
<DELETED>    Sec. 521.  For an additional amount for ``Corps of 
Engineers--Civil--Department of the Army--Investigations'', there is 
hereby appropriated, and the amount otherwise provided by this Act for 
``Department of Energy--Energy Programs--Departmental Administration'' 
is hereby reduced by $2,500,000.</DELETED>
<DELETED>    Sec. 522.  None of the funds made available by this Act 
may be used by the Department of Energy to apply the report entitled 
``Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural 
Gas from the United States'', published in the Federal Register on June 
4, 2014 (79 Fed. Reg. 32260), in any public interest determination 
under section 3 of the Natural Gas Act (15 U.S.C. 717b).</DELETED>
<DELETED>    Sec. 523.  None of the funds made available by this Act 
may be used for the Department of Energy's Climate Model Development 
and Validation program.</DELETED>
<DELETED>    Sec. 524.  None of the funds made available by this Act 
may be used to purchase water to supplement or enhance the instream 
flow requirements in the State of California that are mandated under 
the Endangered Species Act of 1973, the Central Valley Project 
Improvement Act, or the National Environmental Policy Act of 
1969.</DELETED>
<DELETED>    Sec. 525.  None of the funds made available by this Act 
may be used to implement, administer, or enforce the requirement in 
section 323.4(a)(1)(ii) of title 33, Code of Federal Regulations, or 
section 232.3(c)(1)(ii)(A) of title 40, Code of Federal Regulations, 
that activities identified in paragraph (1)(A) of subsection (f) of 
section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344(f)(1)(A)) must be established or ongoing in order to receive an 
exemption under such subsection.</DELETED>
<DELETED>    Sec. 526.  None of the funds made available by this Act 
may be used to deliver water to the Trinity River above the minimum 
requirements of the Trinity Record of Decision or to supplement flows 
in the Klamath River.</DELETED>
<DELETED>    This Act may be cited as the ``Energy and Water 
Development and Related Agencies Appropriations Act, 2016''.</DELETED>
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, 2016, 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, $109,000,000, to 
remain available until expended.

                              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); 
$1,641,000,000, 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.

                   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, $330,000,000, 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, $2,909,000,000, 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, 2017.

            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, $101,500,000, 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, 
$28,000,000, 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, $178,000,000, to remain available until September 30, 2017, 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), $3,000,000, to remain 
available until September 30, 2017.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

              (including transfer and rescission of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2016, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House 
        and Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000:  Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed:  
        Provided, That for a base level less than $2,000,000, the 
        reprogramming limit is $300,000:  Provided further, That up to 
        $3,000,000 may be reprogrammed for settled contractor claims, 
        changed conditions, or real estate deficiency judgments:  
        Provided further, That up to $300,000 may be reprogrammed into 
        any continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operations and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies:  Provided, That the Chief of Engineers 
        must notify the House and Senate Committees on Appropriations 
        of these emergency actions as soon thereafter as practicable:  
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount a limit of 
        $5,000,000 per project, study or activity is allowed:  Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, Construction, 
        and Operation and Maintenance portions of the Mississippi River 
        and Tributaries Account as listed above; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the House and Senate Committees 
on Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Corps of Engineers shall submit a report to the House and Senate 
Committees on Appropriations to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided, That the report shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        applicable, and the fiscal year enacted level;
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.
    Sec. 102. (a) Of the funds made available in prior appropriations 
Acts for water resources efforts under the headings ``Corps of 
Engineers-Civil, Department of the Army, Construction'' that remain 
unobligated as of the date of enactment of this Act, including amounts 
specified in law for particular projects, programs, or activities, 
$128,000,000 is rescinded.
    (b) None of the funds under subsection (a) may be rescinded from 
amounts that the Congress designated as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
    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 $4,700,000 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 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 during the fiscal 
year ending September 30, 2016, 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.).

                        project deauthorization

    Sec. 105. (a) Not later than 180 days after the date of enactment 
of this Act, the Secretary shall execute a transfer agreement with the 
South Florida Water Management District for the project identified as 
the ``Ten Mile Creek Water Preserve Area Critical Restoration 
Project'', carried out under section 528(b)(3) of the Water Resources 
Development Act of 1996 (110 Stat. 3768).
    (b) The transfer agreement under subsection (a) shall require the 
South Florida Water Management District to operate the transferred 
project as an environmental restoration project to provide water 
storage and water treatment options.
    (c) Upon execution of the transfer agreement under subsection (a), 
the Ten Mile Creek Water Preserve Area Critical Restoration Project 
shall no longer be authorized as a Federal project.
    Sec. 106.  Section 5032(a)(2) of the Water Resources Development 
Act of 2007 (Public Law 110-114; 121 Stat. 1205) is amended by striking 
``15'' and inserting ``20''.
    Sec. 107. (a) No funds made available in this Act or any prior Act 
shall be available to reallocate water within the Alabama-Coosa-
Tallapoosa (ACT) river basin, or any study thereof, until the Corps of 
Engineers has executed a Partnering Agreement with Alabama and Georgia 
outlining the participation of each State in a water reallocation study 
for the ACT river basin.
    (b) The prohibition in subsection (a) shall apply to the use of 
contributed or other non-Federal funds.

                                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, $9,874,000, to remain available until expended, of 
which $1,000,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission:  Provided, That, of the amount 
provided under this heading, $1,350,000 shall be available until 
September 30, 2017, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior:  Provided further, 
That, for fiscal year 2016, 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, $988,131,000, to remain available until expended, of which 
$22,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $5,899,000 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, $49,528,000, 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, $37,000,000, 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, 2017, $58,500,000, 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, when 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 9504(e) of the Secure Water Act of 2009 (42 
U.S.C. 10364(e)) is amended by striking ``$300,000,000'' and inserting 
``$500,000,000''.
    Sec. 204.  Title I of Public Law 108-361 (the Calfed Bay-Delta 
Authorization Act) (118 Stat. 1681), as amended by section 210 of 
Public Law 111-85, is amended by striking ``2016'' each place it 
appears and inserting ``2020''.
    Sec. 205.  The Reclamation Safety of Dams Act of 1978 is amended 
by--
            (1) striking ``Construction'' and inserting ``Except as 
        provided in section 5B, construction'' in section 3; and
            (2) inserting after section 5A (43 U.S.C. 509a) the 
        following:
    ``Sec. 5B.  Notwithstanding section 3, if the Secretary, in her 
judgment, determines that additional project benefits, including but 
not limited to additional conservation storage capacity, are necessary 
and in the interests of the United States and the project and are 
feasible and not inconsistent with the purposes of this Act, the 
Secretary is authorized to develop additional project benefits through 
the construction of new or supplementary works on a project in 
conjunction with the Secretary's activities under section 2 of this Act 
and subject to the conditions described in the feasibility study, 
provided the costs associated with developing the additional project 
benefits are allocated to the authorized purposes of the project that 
have a benefit, a cost share agreement related to the additional 
project benefits is reached among State and Federal funding agencies 
and repaid consistent with all provisions of Federal Reclamation law 
(the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and acts supplemental 
to and amendatory of that Act.''.
    Sec. 206.  Section 5 of the Reclamation Safety of Dams Act of 1978 
(43 U.S.C. 509) is amended in the first sentence--
     (a) by inserting ``and effective October 1, 2015, not to exceed an 
additional $1,100,000,000 (October 1, 2003, price levels),'' after 
``(October 1, 2003, price levels),'';
    (b) in the proviso--
            (1) by striking ``$1,250,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``Congress'' and inserting ``Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate''; and
            (3) by adding at the end the following: ``For modification 
        expenditures between $1,800,000 and $20,000,000 (October 1, 
        2013, price levels), the Secretary of the Interior shall, at 
        least 30 days before the date on which the funds are expended, 
        submit written notice of the expenditures to the Committee on 
        Natural Resources of the House of Representatives and Committee 
        on Energy and Natural Resources of the Senate that provides a 
        summary of the project, the cost of the project, and any 
        alternatives that were considered.''.
    Sec. 207.  The Secretary of the Interior, acting through the 
Commissioner of Reclamation, shall--
     (a) complete the feasibility studies described in clauses (i)(I) 
and (ii)(II) of section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 
1684) and submit such studies to the appropriate committees of the 
House of Representatives and the Senate not later than December 31, 
2015;
    (b) complete the feasibility study described in clause (i)(II) of 
section 103(d)(1)(A) of Public Law 108-361 and submit such study to the 
appropriate committees of the House of Representatives and the Senate 
not later than November 30, 2016;
    (c) complete a publicly available draft feasibility study for the 
project described in clause (ii)(I) of section 103(d)(1)(A) of Public 
Law 108-361 and submit such study to the appropriate committees of the 
House of Representatives and the Senate not later than November 30, 
2016;
    (d) complete the feasibility study described in clause (ii)(I) of 
section 103(d)(1)(A) of Public Law 108-361 and submit such study to the 
appropriate committees of the House of Representatives and the Senate 
not later than November 30, 2017;
    (e) complete the feasibility study described in section 
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit such 
study to the appropriate committees of the House of Representatives and 
the Senate not later than December 31, 2017; and
    (f) provide a progress report on the status of the feasibility 
studies referred to in paragraphs (1) through (3) to the appropriate 
committees of the House of Representatives and the Senate not later 
than 90 days after the date of the enactment of this Act and each 180 
days thereafter until December 31, 2017, as applicable. The report 
shall include timelines for study completion, draft environmental 
impact statements, final environmental impact statements, and Records 
of Decision.
    Sec. 208.  Notwithstanding any other provision of this Act, funds 
provided by this Act for California Bay-Delta Restoration may be used 
to deliver water to the Trinity River above the minimum requirements of 
the Trinity Record of Decision or to supplement flows in the Klamath 
River.
    Sec. 209.  Notwithstanding any other provision of this Act, funds 
made available by this Act for Central Valley Project Restoration Fund 
may be used for all authorized activities necessary to supplement or 
enhance the instream flow requirements in the State of California that 
are mandated under the Endangered Species Act of 1973 and the Central 
Valley Project Improvement Act.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

              (including transfer and rescission of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,950,000,000, to 
remain available until expended:  Provided, That, of such amount, 
$160,000,000 shall be available until September 30, 2017, for program 
direction:  Provided further, That, of the amount provided under this 
heading, the Secretary may transfer up to $45,000,000 to the Defense 
Production Act Fund for activities of the Department of Energy pursuant 
to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et seq.).

              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, $152,306,000, to 
remain available until expended:  Provided, That, of such amount, 
$27,000,000 shall be available until September 30, 2017, 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, $950,161,000, to remain available until 
expended:  Provided, That, of such amount, $80,000,000 shall be 
available until September 30, 2017, for program direction including 
official reception and representation expenses not to exceed $10,000:  
Provided, That, of such amount, $24,000,000 shall be derived from the 
Nuclear Waste Fund.

                 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), $610,000,000, to remain available until expended:  Provided, 
That, of such amount, $115,000,000 shall be available until September 
30, 2017, for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $17,500,000, 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.), $200,000,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $7,600,000, 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, $244,000,000, 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, and title X, subtitle A, of the Energy Policy Act of 1992, 
$614,000,000, 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 X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
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, 
$5,143,877,000, to remain available until expended:  Provided, That, of 
such amount, $185,000,000 shall be available until September 30, 2017, 
for program direction.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $291,000,000, to remain available until expended:  
Provided, That, of such amount, $28,000,000 shall be available until 
September 30, 2017, for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That, for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $42,000,000 is appropriated, to remain available until 
September 30, 2017:  Provided further, That $25,000,000 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 2016 appropriation from the general 
fund estimated at not more than $17,000,000:  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, $6,000,000, to remain available until September 30, 2017.

                      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.), 
$248,142,000, to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 
2016 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 
2016 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, $31,297,000 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, 
$46,424,000, to remain available until September 30, 2017.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $8,882,364,000, to 
remain available until expended:  Provided, That of such amount, 
$97,118,000 shall be available until September 30, 2017, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,705,912,000, to 
remain available until expended.

                             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, $1,300,000,000, 
to remain available until expended:  Provided, That of such amount, 
$42,504,000 shall be available until September 30, 2017, for program 
direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $375,000,000, to remain 
available until September 30, 2017, 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 and one armored vehicle 
for replacement only, $5,180,000,000, to remain available until 
expended:  Provided, That, of such amount, $281,951,000 shall be 
available until September 30, 2017, for program direction:  Provided 
further, That the Office of Environmental Management shall not accept 
ownership or responsibility for cleanup of any National Nuclear 
Security Administration facilities or sites without funding 
specifically designated for that purpose in an Appropriations Act at 
the time of transfer.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, 
$614,000,000, to be deposited into the Defense Environmental Cleanup 
account which shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $764,000,000, to remain available until expended:  Provided, 
That, of such amount, $249,137,000 shall be available until September 
30, 2017, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake 
River Sockeye Weirs and, in addition, for official reception and 
representation expenses in an amount not to exceed $5,000:  Provided, 
That, during fiscal year 2016, no new direct loan obligations may be 
made.

     Operations and Maintenance, Southeastern Power Administration

    For expenses necessary for operations 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more 
than $0:  Provided further, That, notwithstanding 31 U.S.C. 3302, up to 
$66,500,000 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).

     Operations and Maintenance, Southwestern Power Administration

    For expenses necessary for operations 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, $47,361,000, 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 $35,961,000 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 2016 appropriation 
estimated at not more than $11,400,000:  Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $63,000,000 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, Operations 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, $307,714,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation 
estimated at not more than $93,372,000, of which $87,658,000 is derived 
from the Reclamation Fund:  Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $352,813,000 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 operations, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, 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 $4,262,000 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 
2016 appropriation estimated at not more than $228,000:  Provided 
further, That, for purposes of this appropriation, annual expenses 
means expenditures that are generally recovered in the same year that 
they are incurred:  Provided further, That, for fiscal year 2016, the 
Administrator of the Western Area Power Administration may accept up to 
$460,000 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, $319,800,000, 
to remain available until expended:  Provided, That, notwithstanding 
any other provision of law, not to exceed $319,800,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2016 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 2016 so as to result in a 
final fiscal year 2016 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including transfer and rescissions of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make 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. 
414) during fiscal year 2016 until the enactment of the Intelligence 
Authorization Act for fiscal year 2016.
    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 Independent 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) Definitions.--In this section:
            (1) Affected indian tribe.--The term ``affected Indian 
        tribe'' has the meaning given the term in section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (2) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
        means the Nuclear Waste Fund established under section 302(c) 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
    (b) Pilot Program.--Notwithstanding any provision of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is 
authorized, in the current fiscal year and subsequent fiscal years, to 
conduct a pilot program, through 1 or more private sector partners, to 
license, construct, and operate 1 or more government or privately owned 
consolidated storage facilities to provide interim storage as needed 
for spent nuclear fuel and high-level radioactive waste, with priority 
for storage given to spent nuclear fuel located on sites without an 
operating nuclear reactor.
    (c) Requests for Proposals.--Not later than 120 days after the date 
of enactment of this Act, the Secretary shall issue a request for 
proposals for cooperative agreements--
            (1) to obtain any license necessary from the Nuclear 
        Regulatory Commission for the construction of 1 or more 
        consolidated storage facilities;
            (2) to demonstrate the safe transportation of spent nuclear 
        fuel and high-level radioactive waste, as applicable; and
            (3) to demonstrate the safe storage of spent nuclear fuel 
        and high-level radioactive waste, as applicable, at the 1 or 
        more consolidated storage facilities pending the construction 
        and operation of deep geologic disposal capacity for the 
        permanent disposal of the spent nuclear fuel.
    (d) Consent-Based Approval.--Prior to siting a consolidated storage 
facility pursuant to this section, the Secretary shall enter into an 
agreement to host the facility with--
            (1) the Governor of the State;
            (2) each unit of local government within the jurisdiction 
        of which the facility is proposed to be located; and
            (3) each affected Indian tribe.
    (e) Applicability.--In executing this section, the Secretary shall 
comply with--
            (1) all licensing requirements and regulations of the 
        Nuclear Regulatory Commission; and
            (2) all other applicable laws (including regulations).
    (f) Pilot Program Plan.--Not later than 120 days after the date on 
which the Secretary issues the request for proposals under subsection 
(c), the Secretary shall submit to Congress a plan to carry out this 
section that includes--
            (1) an estimate of the cost of licensing, constructing, and 
        operating a consolidated storage facility, including the 
        transportation costs, on an annual basis, over the expected 
        lifetime of the facility;
            (2) a schedule for--
                    (A) obtaining any license necessary to construct 
                and operate a consolidated storage facility from the 
                Nuclear Regulatory Commission;
                    (B) constructing the facility;
                    (C) transporting spent fuel to the facility; and
                    (D) removing the spent fuel and decommissioning the 
                facility; and
            (3) an estimate of the cost of any financial assistance, 
        compensation, or incentives proposed to be paid to the host 
        State, Indian tribe, or local government;
            (4) an estimate of any future reductions in the damages 
        expected to be paid by the United States for the delay of the 
        Department of Energy in accepting spent fuel expected to result 
        from the pilot program;
            (5) recommendations for any additional legislation needed 
        to authorize and implement the pilot program; and
            (6) recommendations for a mechanism to ensure that any 
        spent nuclear fuel or high-level radioactive waste stored at a 
        consolidated storage facility pursuant to this section shall 
        move to deep geologic disposal capacity, following a consent-
        based approval process for that deep geologic disposal capacity 
        consistent with subsection (d), within a reasonable time after 
        the issuance of a license to construct and operate the 
        consolidated storage facility.
    (g) Public Participation.--Prior to choosing a site for the 
construction of a consolidated storage facility under this section, the 
Secretary shall conduct 1 or more public hearings in the vicinity of 
each potential site and in at least 1 other location within the State 
in which the site is located to solicit public comments and 
recommendations.
    (h) Use of Nuclear Waste Fund.--The Secretary may make expenditures 
from the Nuclear Waste Fund to carry out this section, subject to 
appropriations.
    Sec. 307. (a) Notification of Strategic Petroleum Reserve 
Drawdown.--None of the funds made available by this Act or any prior or 
subsequent Act, or funds made available in the SPR Petroleum Account, 
may be used in this fiscal year or each subsequent fiscal year, to 
conduct a drawdown (including a test drawdown) and sale or exchange of 
petroleum products from the Strategic Petroleum Reserve unless the 
Secretary of Energy provides notice, in accordance with subsection (b), 
of such exchange, or drawdown (including a test drawdown) to the 
Committees on Appropriations of both Houses of Congress.
    (b)(1) Content of notification.--The notification required under 
subsection (a) shall include at a minimum--
            (A) the justification for the drawdown or exchange, 
        including--
                    (i) a specific description of any obligation under 
                international energy agreements; and
                    (ii) in the case of a test drawdown, the specific 
                aspects of the Strategic Petroleum Reserve to be 
                tested;
            (B) the provisions of law (including regulations) 
        authorizing the drawdown or exchange;
            (C) the number of barrels of petroleum products proposed to 
        be withdrawn or exchanged;
            (D) the location of the Strategic Petroleum Reserve site or 
        sites from which the petroleum products are proposed to be 
        withdrawn;
            (E) a good faith estimate of the expected proceeds from the 
        sale of the petroleum products;
            (F) an estimate of the total inventories of petroleum 
        products in the Strategic Petroleum Reserve after the 
        anticipated drawdown;
            (G) a detailed plan for disposition of the proceeds after 
        deposit into the SPR Petroleum Account; and
            (H) a plan for refilling the Strategic Petroleum Reserve, 
        including whether the acquisition will be of the same or a 
        different petroleum product.
            (2) Timing of notification.--The Secretary shall provide 
        the notification required under subsection (a)--
                    (A) in the case of an exchange or a drawdown, as 
                soon as practicable after the exchange or drawdown has 
                occurred; and
                    (B) in the case of a test drawdown, not later than 
                30 days prior to the test drawdown.
    (c) Post-Sale Notification.--In addition to reporting requirements 
under other provisions of law, the Secretary shall, upon the execution 
of all contract awards in this fiscal year and each subsequent fiscal 
year associated with a competitive sale of petroleum products, notify 
the Committees on Appropriations of both Houses of Congress of the 
actual value of the proceeds from the sale.
    (d)(1) New regional reserves.--The Secretary 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.
            (2) The budget request or notification shall include--
                    (A) the justification for the new reserve;
                    (B) a cost estimate for the establishment, 
                operation, and maintenance of the reserve, including 
                funding sources;
                    (C) a detailed plan for operation of the reserve, 
                including the conditions upon which the products may be 
                released;
                    (D) the location of the reserve; and
                    (E) the estimate of the total inventory of the 
                reserve.
    Sec. 308. (a) Unobligated balances available from appropriations 
for fiscal years 2005 through 2010 are hereby permanently rescinded 
from the following accounts of the Department of Energy in the 
specified amounts:
            (1) ``Energy Programs--Energy Efficiency and Renewable 
        Energy'', $16,677,000.
            (2) ``Energy Programs--Electricity Delivery and Energy 
        Reliability'', $900,000.
            (3) ``Energy Programs--Nuclear Energy'', $1,665,000.
            (4) ``Energy Programs--Fossil Energy Research and 
        Development'', $12,064,000.
            (5) ``Energy Programs--Science'', $4,717,000.
            (6) ``Power Marketing Administrations--Construction, 
        Rehabilitation, Operation and Maintenance, Western Area Power 
        Administration'', $4,832,000.
    (b) No amounts may be rescinded by this section from amounts that 
were designated by Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 309. (a) Unobligated balances available from appropriations 
are hereby permanently rescinded from the following accounts of the 
Department of Energy in the specified amounts:
            (1) ``Atomic Energy Defense Activities--National Nuclear 
        Security Administration--Weapons Activities'', $65,135,000.
            (2) ``Atomic Energy Defense Activities--National Nuclear 
        Security Administration--Defense Nuclear Nonproliferation'', 
        $19,324,000.
            (3) ``Atomic Energy Defense Activities--National Nuclear 
        Security Administration--Naval Reactors'', $628,000.
    (b) No amounts may be rescinded by this section from amounts that 
were designated by Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 310.  Of the amounts made available by this Act for ``National 
Nuclear Security Administration--Weapons Activities'', up to 
$50,000,000 may be reprogrammed within such account for Domestic 
Uranium Enrichment, subject to the notice requirements in section 301.

                          technical correction

    Sec. 311. (a) Contracts for Storage.--Notwithstanding any other 
provision of law and subject to the availability of appropriations, the 
Secretary is authorized, in this year and each subsequent fiscal year, 
to enter into contracts to store spent nuclear fuel and high-level 
radioactive waste, as applicable, to which the Secretary holds the 
title or has a contract to accept title, at any facility licensed by 
the Nuclear Regulatory Commission for such storage.
    (b) Transfer of Title.--Delivery, and acceptance by the Secretary, 
of any spent nuclear fuel or high-level radioactive waste for storage 
under this section shall constitute a transfer of title to the 
Secretary of such spent fuel or waste.
    (c) Contract Modification.--The Secretary is authorized to enter 
into new contracts or modify existing contracts with any person who 
generates or holds title to high-level radioactive waste or spent 
nuclear fuel, of domestic origin for the acceptance of title, 
subsequent transportation, and storage of such high-level radioactive 
waste or spent nuclear fuel at a facility described under subsection 
(a).
    Sec. 312.  Notwithstanding any other provision of law, the 
provisions of 40 U.S.C. 11319 shall not apply to funds appropriated in 
this title to Federally Funded Research and Development Centers 
sponsored by the Department of Energy.

                                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, $105,000,000, 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, $29,150,000, to 
remain available until September 30, 2017.

                        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, $25,000,000, 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, $7,500,000, 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.

                     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, $990,000,000, including official representation expenses 
not to exceed $25,000, to remain available until expended:  Provided, 
That, of the amount appropriated herein, not more than $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, 2017, 
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 
$872,864,000 in fiscal year 2016 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended:  Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2016 so as to result in 
a final fiscal year 2016 appropriation estimated at not more than 
$117,136,000.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$12,136,000, to remain available until September 30, 2017:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,060,000 in fiscal year 2016 
shall be retained and be available until September 30, 2017, 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 2016 so as to result in a final fiscal year 
2016 appropriation estimated at not more than $2,076,000:  Provided 
further, That, of the amounts appropriated under this heading, $958,000 
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, 2017.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed for any program, 
project, or activity, and the Commission shall notify the Committees on 
Appropriations of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any program funding 
level to increase or decrease by more than $500,000 or 10 percent, 
whichever is less, during the time period covered by this Act.
    (b)(1) The Nuclear Regulatory Commission may waive the notification 
requirement in (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) 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.
    (d) 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.
    Sec. 402.  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. 403.  Public Law 105-277, division A, section 101(g) (title 
III, section 329(a), (b)) is amended by inserting, in subsection (b), 
after ``State law'' and before the period the following: ``or for the 
construction and repair of barge mooring points and barge landing sites 
to facilitate pumping fuel from fuel transport barges into bulk fuel 
storage tanks.''.

                                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 
to implement, administer, carry out, modify, revise, or enforce 
Executive Order 13690 (entitled ``Establishing a Federal Flood Risk 
Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input'').
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2016''.
                                                        Calendar No. 96

114th CONGRESS

  1st Session

                               H. R. 2028

                          [Report No. 114-54]

_______________________________________________________________________

                                 AN ACT

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2016, and for other 
                               purposes.

_______________________________________________________________________

                              May 5, 2015

  Received; read twice and referred to the Committee on Appropriations

                              May 21, 2015

                       Reported with an amendment