[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 420
114th CONGRESS
  2d Session
                                S. 2804

                          [Report No. 114-236]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2016

   Mr. Alexander, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2017, and for other purposes, 
namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, 
design work, 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 related efforts; 
and for miscellaneous investigations, and, when authorized by law, 
surveys and detailed studies, and plans and specifications of projects 
prior to construction, $126,522,000, to remain available until 
expended.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects, and related projects authorized by law; 
for conducting detailed studies, design work, 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); $1,813,649,000, 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, $368,000,000, 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, and 
aquatic ecosystem restoration projects, 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, $3,173,829,000, 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 Army 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 managed by the Army Corps of Engineers at which 
outdoor recreation is available; and of which such sums as become 
available from fees collected under section 217 of Public Law 104-303 
shall be used to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which such fees have been 
collected:  Provided, That 1 percent of the total amount of funds 
provided for each of the programs, projects, or activities funded under 
this heading shall not be allocated to a field operating activity prior 
to the beginning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such emergency 
activities as the Chief of Engineers determines to be necessary and 
appropriate, and that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been used for 
emergency activities proportionally in accordance with the amounts 
provided for the programs, projects, or activities.

                           regulatory program

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

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $103,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$30,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the Army Corps of 
Engineers headquarters and the division offices; and for costs 
allocable to the civil works program 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, 
$180,000,000, to remain available until September 30, 2018, of which 
not more than $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 such activities in the Army Corps of 
Engineers headquarters and division offices:  Provided further, That 
any Flood Control and Coastal Emergencies appropriation may be used to 
fund the supervision and general administration of emergency 
operations, repairs, and other activities in response to any flood, 
hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2018.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2017, 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 paragraphs (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) Operation and maintenance.--Unlimited reprogramming 
        authority is granted for the Corps to be able to respond to 
        emergencies:  Provided, That the Chief of Engineers shall 
        notify the 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 up to a limit of 
        $5,000,000 per project, study, or activity is allowed:  
        Provided further, That for a base level less than $1,000,000, 
        the reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The reprogramming 
        guidelines in paragraphs (6), (7), and (8) shall apply to the 
        Investigations, Construction, and Operation and Maintenance 
        portions of the Mississippi River and Tributaries Account, 
        respectively; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the 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 Secretary 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 
which shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        applicable, and the fiscal year enacted level; and
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.
    (e) The Secretary shall allocate funds made available in this Act 
solely in accordance with the provisions of this Act and the report of 
the Committee on Appropriations accompanying this Act, including the 
determination and designation of new starts.
    (f) None of the funds made available in this title may be used to 
award or modify any contract that commits funds beyond the amounts 
appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 102.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $5,400,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers civil works projects.
    Sec. 103.  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, 2017, to develop, adopt, implement, 
administer, or enforce any change to the regulations in effect on 
October 1, 2012, pertaining to the definitions of the terms ``fill 
material'' or ``discharge of fill material'' for the purposes of the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    Sec. 104.  None of the funds provided in this act may be used for 
open lake disposal of dredged sediment in Lake Erie unless such 
disposal meets water and environmental standards agreed to by the 
administrator of a State's water permitting agency and is consistent 
with a State's Coastal Zone Management Plan. If this standard is not 
met, the Corps of Engineers will maintain its long-standing funding 
obligations for upland placement of dredged material with cost sharing 
as specified in section 101 of the Water Resources Development Act of 
1986, Public Law 99-662, as amended by section 201 of the Water 
Resources Development Act of 1196, Public Law 104-303 (33 U.S.C. 2211) 
and section 217(d) of the Water Resources Development Act of 1996, 
Public Law 104-303, as amended by section 2005 of the Water Resources 
Development Act of 2007, Public Law 110-300 (33 U.S.C. 2326a(d)).

                                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, $10,000,000, to remain available until expended, of 
which $1,300,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission:  Provided, That of the amount 
provided under this heading, $1,350,000 shall be available until 
September 30, 2018, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior:  Provided further, 
That for fiscal year 2017, of the amount made available to the 
Commission under this Act or any other Act, the Commission may use an 
amount not to exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $1,114,394,000, to remain available until expended, of 
which $158,841,000 shall be available for additional funding for work 
and are authorized to be used consistent with activities described in 
the Commissioner's transmittal to Congress dated February 8, 2016; 
$22,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $5,551,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund:  Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading:  Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account:  Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which the funds were 
contributed:  Provided further, That funds advanced under 43 U.S.C. 
397a shall be credited to this account and are available until expended 
for the same purposes as the sums appropriated under this heading:  
Provided further, That of the amounts provided herein, funds may be 
used for high-priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $55,606,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended:  Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $36,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management:  Provided further, 
That CALFED implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2018, $59,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous or subsequent 
appropriations Acts to the agencies or entities funded in title II of 
this Act for Water and Related Resources that remain available for 
obligation or expenditure in fiscal year 2017, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity unless the 
        program, project or activity has received no appropriated 
        funding for at least five fiscal years;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (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 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.
    (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 the House of 
Representatives and the Senate 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.  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 ``2017'' each place it 
appears and inserting ``2019''.
    Sec. 204.  Section 9504(e) of the Secure Water Act of 2009 (42 
U.S.C. 10364(e)) is amended by striking ``$350,000,000'' and inserting 
``$400,000,000''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,073,000,000, to 
remain available until expended:  Provided, That of such amount, 
$153,500,000 shall be available until September 30, 2018, for program 
direction.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $206,000,000, to 
remain available until expended:  Provided, That of such amount, 
$28,500,000 shall be available until September 30, 2018, for program 
direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of no more than three 
emergency service vehicles for replacement only, $1,057,903,000, to 
remain available until expended:  Provided, That of such amount, the 
Secretary of Energy may obligate up to $10,000,000 under existing 
authorities, for contracting for the management of used nuclear fuel to 
which the Secretary holds the title or has a contract to accept title:  
Provided further, That of such amount, $80,000,000 shall be available 
until September 30, 2018, for program direction.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant 
or facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the extraction, 
processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $632,000,000, to remain available until expended:  Provided, 
That of the amount made available under this heading in this Act, 
$60,000,000 shall be available until September 30, 2018, 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, $14,950,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $200,000,000, to remain available until expended. 
 Provided, That as authorized by section 404 of the Bipartisan Budget 
Act of 2015 (Public Law 114-74), the Secretary of the Department of 
Energy shall drawdown and sell not to exceed $375,400,000 of crude oil 
from the Strategic Petroleum Reserve in fiscal year 2017:  Provided 
further, That the proceeds from such drawdown and sale shall be 
deposited into the Energy Security and Infrastructure Modernization 
Fund during fiscal year 2017 and shall remain available until expended 
for necessary expenses in carrying out construction, operations, 
maintenance, repair, and replacement activities of the Strategic 
Petroleum Reserve.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $6,500,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $122,000,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $255,000,000, 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, 
$717,741,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$30,000,000 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, 
$5,400,000,000, to remain available until expended:  Provided, That of 
such amount, $191,500,000 shall be available until September 30, 2018, 
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), $292,669,000, to remain available until expended:  
Provided, That of such amount, $29,250,000 shall be available until 
September 30, 2018, for program direction.

                        Office of Indian Energy

    For necessary expenses for Indian Energy activities in carrying out 
the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), $20,000,000, to remain available until expended:  
Provided, That, of the amount appropriated under this heading, 
$4,800,000 shall be available until September 30, 2018, for program 
direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $37,000,000 is appropriated from fees collected in prior years 
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are 
not otherwise appropriated, to remain available until September 30, 
2018:  Provided further, That if the amount in the previous proviso is 
not available from such fees, an amount for such purposes is also 
appropriated from the general fund so as to result in a total amount 
appropriated for such purpose of no more than $37,000,000:  Provided 
further, That fees collected pursuant to such section 1702(h) for 
fiscal year 2017 shall be credited as offsetting collections under this 
heading and shall not be available until appropriated:  Provided 
further, That the Department of Energy shall not subordinate any loan 
obligation to other financing in violation of section 1702 of the 
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to 
any loan or other debt obligations in violation of section 609.10 of 
title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $5,000,000, to remain available until September 30, 2018.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$232,142,000, to remain available until September 30, 2018, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount:  Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $103,000,000 in fiscal year 
2017 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2017 appropriation from the general fund estimated at not more than 
$129,142,000.

                    Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$44,424,000, to remain available until September 30, 2018.

                    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, $9,285,147,000, to 
remain available until expended:  Provided, That of such amount, 
$106,600,000 shall be available until September 30, 2018, 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, $1,821,916,000, 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, $1,351,520,000, 
to remain available until expended:  Provided, That of such amount, 
$47,100,000 shall be available until September 30, 2018, for program 
direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $408,603,000, to remain 
available until September 30, 2018, including official reception and 
representation expenses not to exceed $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one fire apparatus pumper truck, one aerial lift truck, 
one refuse truck, and one semi-truck for replacement only, 
$5,379,018,000, to remain available until expended:  Provided, That of 
such amount $290,050,000 shall be available until September 30, 2018, 
for program direction.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, 
$717,741,000, 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, $791,552,000, to remain available until expended:  Provided, 
That of such amount, $258,061,000 shall be available until September 
30, 2018, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$5,000:  Provided, That during fiscal year 2017, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $1,000,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $1,000,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2017 appropriation estimated at not more 
than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$60,760,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $45,643,000, to remain available until expended:  
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $34,586,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2017 appropriation 
estimated at not more than $11,057,000:  Provided further, That 
notwithstanding 31 U.S.C. 3302, up to $73,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $307,144,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $299,742,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $211,563,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2017 appropriation 
estimated at not more than $95,581,000, of which $88,179,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $367,009,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,070,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255):  Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $3,838,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2017 appropriation estimated at not more than $232,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred:  Provided further, That for fiscal year 2017, the 
Administrator of the Western Area Power Administration may accept up to 
$323,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose:  Provided further, 
That any such funds shall be available without further appropriation 
and without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $346,800,000, 
to remain available until expended:  Provided, That notwithstanding any 
other provision of law, not to exceed $346,800,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2017 shall be retained and used for expenses necessary in this 
account, and shall remain available until expended:  Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2017 so as to result in a 
final fiscal year 2017 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                     (including transfer 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 ``Final 
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.
    (h) The unexpended balances of prior appropriations provided for 
activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 302. (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'', $50,400,000.
            (2) ``Atomic Energy Defense Activities--National Nuclear 
        Security Administration--Defense Nuclear Nonproliferation'', 
        $14,000,000.
            (3) ``Energy Program--Fossil Energy Research and 
        Development'', $240,000,000.
    (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. 303.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2017 until the enactment of the Intelligence 
Authorization Act for fiscal year 2017.
    Sec. 304.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Enterprise Assessments to ensure the 
project is in compliance with nuclear safety requirements.
    Sec. 305.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 306. (a) 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.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, 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, 
$151,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to 
remain available until September 30, 2018.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $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, $15,000,000, 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:  Provided further, 
That, notwithstanding any other provision of law regarding payment of a 
non-Federal share in connection with a grant-in-aid program, amounts 
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the 
Commission.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $10,000,000, 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.

                     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, $939,000,000, 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, 2018, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the 
Commission:  Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$822,240,000 in fiscal year 2017 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended:  Provided 
further, That of the amounts appropriated under this heading, not less 
than $5,000,000 shall be for activities related to the development of 
regulatory infrastructure for advanced nuclear reactor technologies, 
and $5,000,000 of that amount shall not be available from fee revenues, 
notwithstanding 42 U.S.C. 2214:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2017 so as to result in a final fiscal year 2017 
appropriation estimated at not more than $116,760,000.

                      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, 
$12,129,000, to remain available until September 30, 2018:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,044,000 in fiscal year 2017 
shall be retained and be available until September 30, 2018, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code:  Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2017 so as to result in a final fiscal year 
2017 appropriation estimated at not more than $2,085,000:  Provided 
further, That of the amounts appropriated under this heading, $969,000 
shall be for Inspector General services for the Defense Nuclear 
Facilities Safety Board, which shall not be available from fee 
revenues.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $3,600,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2018.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. (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) Except as provided in subsections (a), (b), and (d), the 
amounts made available by this title for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be expended as directed in 
the report accompanying this Act.
    (d) None of the funds provided for the Nuclear Regulatory 
Commission shall be available for obligation or expenditure through a 
reprogramming of funds that increases funds or personnel for any 
program, project, or activity for which funds are denied or restricted 
by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                TITLE V

                           GENERAL PROVISIONS

    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.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2017''.
                                                       Calendar No. 420

114th CONGRESS

  2d Session

                                S. 2804

                          [Report No. 114-236]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 14, 2016

                 Read twice and placed on the calendar