[House Report 116-449]
[From the U.S. Government Publishing Office]


116th Congress    }                                            {   Report
                          HOUSE OF REPRESENTATIVES
 2d Session       }                                            {  116-449

======================================================================



 
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2021

                                _______
                                

 July 15, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

           Ms. Kaptur, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 7613]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2021, and for other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Introduction...............................................
                                                                      6
I. Department of Defense--Civil:
        Corps of Engineers--Civil..........................     2
                                                                     11
                Investigations.............................     2
                                                                     19
                Construction...............................     3
                                                                     28
                Mississippi River and Tributaries..........     4
                                                                     37
                Operation and Maintenance..................     4
                                                                     40
                Regulatory Program.........................     6
                                                                     70
                Formerly Utilized Sites Remedial Action 
                    Program................................     6
                                                                     71
                Flood Control and Coastal Emergencies......     6
                                                                     72
                Expenses...................................     6
                                                                     73
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     7
                                                                     73
        General Provisions.................................     8
                                                                     74
II. Department of the Interior:
        Central Utah Project...............................    13
                                                                     75
                Central Utah Project Completion Account....    13
                                                                     75
        Bureau of Reclamation:
                Water and Related Resources................    14
                                                                     76
                Central Valley Project Restoration Fund....    16
                                                                     86
                California Bay-Delta Restoration...........    16
                                                                     87
                Policy and Administration..................    17
                                                                     87
        General Provisions.................................    18
                                                                     88
III. Department of Energy:
        Introduction.......................................
                                                                     88
        Committee Recommendations..........................
                                                                     88
        Energy Programs:
                Energy Efficiency and Renewable Energy.....    25
                                                                     97
                Cybersecurity, Energy Security, and 
                    Emergency Response.....................    26
                                                                    110
                Electricity................................    27
                                                                    111
                Nuclear Energy.............................    27
                                                                    113
                Fossil Energy Research and Development.....    28
                                                                    116
                Naval Petroleum and Oil Shale Reserves.....    28
                                                                    120
                Strategic Petroleum Reserve................    29
                                                                    120
                SPR Petroleum Account......................    29
                                                                    121
                Northeast Home Heating Oil Reserve.........    29
                                                                    121
                Energy Information Administration..........    30
                                                                    121
                Non-Defense Environmental Cleanup..........    30
                                                                    122
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    31
                                                                    123
                Science....................................    31
                                                                    123
                Nuclear Waste Disposal.....................    32
                                                                    130
                Advanced Research Projects Agency--Energy..    32
                                                                    131
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    32
                                                                    131
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    34
                                                                    132
                Tribal Energy Loan Guarantee Program.......    34
                                                                    132
                Office of Indian Energy Policy and Programs    34
                                                                    133
                Departmental Administration................    34
                                                                    133
                Office of the Inspector General............    35
                                                                    136
        Atomic Energy Defense Activities:
        National Nuclear Security Administration:
                Weapons Activities.........................    36
                                                                    137
                Defense Nuclear Nonproliferation...........    36
                                                                    142
                Naval Reactors.............................    37
                                                                    144
                Federal Salaries and Expenses..............    37
                                                                    145
        Environmental and Other Defense Activities:
                Defense Environmental Cleanup..............    38
                                                                    146
                Defense Uranium Enrichment Decontamination 
                    and Decommissioning....................    38
                                                                    147
                Other Defense Activities...................    39
                                                                    148
        Power Marketing Administrations:
                Bonneville Power Administration............    39
                                                                    149
                Southeastern Power Administration..........    40
                                                                    150
                Southwestern Power Administration..........    41
                                                                    150
                Western Area Power Administration..........    42
                                                                    150
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    44
                                                                    150
        Federal Energy Regulatory Commission...............    45
                                                                    151
        Committee Recommendation...........................
                                                                    151
        General Provisions.................................    46
                                                                    194
IV. Independent Agencies:
        Appalachian Regional Commission....................    54
                                                                    194
        Defense Nuclear Facilities Safety Board............    55
                                                                    195
        Delta Regional Authority...........................    55
                                                                    196
        Denali Commission..................................    55
                                                                    197
        Northern Border Regional Commission................    56
                                                                    197
        Southeast Crescent Regional Commission.............    57
                                                                    198
        Southwest Border Regional Commission...............    57
                                                                    198
        Nuclear Regulatory Commission......................    57
                                                                    199
        Nuclear Waste Technical Review Board...............    59
                                                                    202
        General Provisions.................................    60
                                                                    202
V. General Provisions:
VI. Additional Infrastructure Investments:                          203
House of Representatives Report Requirements...............
                                                                    205
                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2021. The following table summarizes appropriations for 
fiscal year 2020, the budget estimates, and amounts recommended 
in the bill for fiscal year 2021.


                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations bill for fiscal year 2021 totals 
$49,607,300,000, $1,264,300,000 above the amount appropriated 
in fiscal year 2020 and $6,423,959,000 above the budget 
request. Total defense funding is $26,501,300,000, 
$2,251,300,000 above the amount appropriated in fiscal year 
2020 and $525,329,000 above the budget request. Total non-
defense funding is $23,106,000,000, $987,000,000 below the 
amount appropriated in fiscal year 2020 and $5,898,630,000 
above the budget request.
    Title I of the bill provides $7,628,855,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, $21,145,000 
below fiscal year 2020 and $1,662,669,000 above the budget 
request. Total funding for activities eligible for 
reimbursement from the Harbor Maintenance Trust Fund is 
estimated at $1,680,000,000, which is an increase of 
$50,000,000 above fiscal year 2020 and $665,000,000 above the 
budget request, and represents 92 percent of estimated revenues 
compared to the fiscal year 2021 target of 83 percent.
    Title II provides $1,655,875,000 for the Department of the 
Interior and the Bureau of Reclamation, $24,125,000 below 
fiscal year 2020 and $518,000,000 above the budget request. The 
Committee recommends $1,635,875,000 for the Bureau of 
Reclamation, $24,125,000 below fiscal year 2020 and 
$508,000,000 above the budget request. The Committee recommends 
$20,000,000 for the Central Utah Project, the same as fiscal 
year 2020 and $10,000,000 above the budget request.
    Title III provides $40,865,178,000 for the Department of 
Energy, $2,278,862,000 above fiscal year 2020 and 
$5,136,109,000 above the budget request. Funding for the 
National Nuclear Security Administration (NNSA), which includes 
Weapons Activities, Defense Nuclear Nonproliferation, Naval 
Reactors, and Federal Salaries and Expenses, is 
$18,037,617,000, $1,333,025,000 above fiscal year 2020 and 
$1,733,383,000 below the budget request.
    Funding for energy programs within the Department of 
Energy, which includes basic science research and the applied 
energy programs, is $14,642,678,000, $9,055,000 above fiscal 
year 2020 and $4,822,944,000 above the budget request. The 
Committee recommends $7,050,000,000 for the Office of Science, 
$2,848,000,000 for Energy Efficiency and Renewable Energy, 
$1,435,800,000 for Nuclear Energy, $727,500,000 for Fossil 
Energy, and $435,000,000 for the Advanced Research Projects 
Agency--Energy.
    Environmental Management activities--Non-defense 
Environmental Cleanup, Uranium Enrichment Decontamination and 
Decommissioning, and Defense Environmental Cleanup--are funded 
at $7,457,583,000, $2,383,000 above fiscal year 2020 and 
$1,391,911,000 above the budget request.
    The net amount appropriated for the Power Marketing 
Administrations is provided at the requested levels.
    Title IV provides $388,850,000 for several Independent 
Agencies, $18,496,000 below fiscal year 2020 and $55,764,000 
above the budget request. Net funding for the Nuclear 
Regulatory Commission is $123,000,000, $4,496,000 below fiscal 
year 2020 and equal to the budget request.
    Title VI provides an additional $43,500,000,000 in 
emergency spending to support the economic recovery from the 
coronavirus pandemic. Additional infrastructure investments 
include $17,000,000,000 for the Civil Works program of the U.S. 
Army Corps of Engineers, $3,000,000,000 for the Department of 
the Interior and the Bureau of Reclamation, and $23,500,000,000 
for the Department of Energy.

                     Overview of the Recommendation

    The Committee recommendation prioritizes the most critical 
inherently federal responsibilities of this bill: the national 
defense; energy innovation to increase economic prosperity 
while providing additional solutions for mitigating and 
adapting to climate change; investing in infrastructure, 
including the maintenance of the nation's waterways; and the 
resilience and security of electricity infrastructure. Strong 
support is included for basic science programs, which provide 
the foundation for new energy technologies that are vital to 
maintaining global competitiveness and ensuring long-term 
prosperity but that are often too high-risk to receive the 
attention of the private sector. The recommendation provides 
strong support and increased parity for applied energy research 
and development activities to improve and extend the 
performance of existing energy sources and accelerate the 
adoption of new technologies. The recommendation also 
recognizes the importance of the federal government's 
responsibility to clean up the legacy of five decades of 
nuclear weapons production and government-sponsored nuclear 
energy research, and the recommendation takes steps forward to 
address spent nuclear fuel.

                         National Energy Policy

    The Department of Energy and its national laboratory system 
have helped to lay the foundation for the technological 
advances driving the energy market today. Production 
breakthroughs for every energy generation source can trace 
their origins back to research and development supported by the 
Department. With the increased urgency to address climate 
change and as the energy market continues to transition to 
cleaner technologies, the Department's support for research and 
development in all energy sources remains critical.
    The Committee provides funding in support of an energy 
strategy designed to enhance energy security, create jobs and 
increase economic prosperity, and mitigate and adapt to climate 
change. Funding for renewable energy sources and energy 
efficiency technologies supports continued investments in 
research and development to advance technological innovations 
that save consumers money, reduce carbon pollution, and 
increase U.S. competitiveness for the energy sector of the 
future. Funding for fossil and nuclear sources is targeted to 
ensure the safe, efficient, and environmentally sound use of 
these energy sources. The recommendation provides a balancing 
of support to the applied energy research areas to ensure 
parity to the growth in investment over the last several years 
and to focus on technologies to address climate change.
    The success of these technologies depends on a reliable and 
resilient electric grid infrastructure. The nation's electric 
grid was built to handle a different energy reality than the 
one we face today. Cyberattacks, frequent extreme weather 
events caused by climate change, and an increasing diversity of 
energy sources must be addressed to guarantee the continued 
operation of the electric grid. The Committee provides strong 
support to ensure the nation's electric grid remains secure, 
resilient, and ready to incorporate new technologies, 
particularly those that mitigate and adapt to climate change.
    The Committee continues its long-standing support for the 
investment of taxpayer funds across the spectrum of all energy 
technologies. A national energy policy can only be successful 
if it maintains stability while planning for long-term 
strategic goals of energy security, building the future through 
science and clean energy, and economic prosperity for the 
nation. The Committee makes strategic choices, recommending a 
balanced approach to advance research and development in energy 
technologies that can address climate change, save money for 
consumers, and support a resilient electric grid.

                     Investments in Infrastructure

    America's ports, inland waterways, locks, and dams serve as 
economic lifelines for many communities across the nation. The 
water delivered to municipal, industrial, and agricultural 
users contributes to America's economy. The water resource 
infrastructure funded by the recommendation is a critical 
component of ensuring a robust national economy and supporting 
American competitiveness in international markets.
    The agencies funded in this bill are also on the front 
lines of the federal response to climate change. A changing 
climate and increasing variability in weather patterns across 
the United States is already impacting water infrastructure, 
often with catastrophic results, such as the 2017 and 2018 
hurricane seasons and recent annual flood events, including 
those in the Midwest in 2019. This recommendation represents a 
commitment to ensure that the nation's water resource 
infrastructure is resilient and able to meet the challenges 
posed by a changing climate.
    The Committee believes that more needs to be done to 
increase the resiliency of infrastructure funded by this Act, 
and that every new construction or major rehabilitation project 
should be constructed to the most current relevant standards. 
These projects should address the risk of structural failure or 
loss of use from natural hazards or natural disasters 
throughout the lifetime of each project. As a measure of 
responsible fiscal prudence, resilient construction and related 
project management practices should be integrated into all 
programs funded by this Act.
    The U.S. Army Corps of Engineers (Corps) has been 
instrumental in reducing the risk of flooding for public 
safety, businesses, and much of this country's food-producing 
lands. The Bureau of Reclamation (Reclamation) supplies 
reliable water to approximately 10 percent of the country's 
population and to much of its fertile agricultural lands. Both 
agencies make significant contributions to national electricity 
production through hydropower facilities.
    The U.S. marine transportation industry supports 
$2,000,000,000,000 in commerce and creates employment for more 
than 13 million people. As the agency responsible for the 
nation's federal waterways, the Corps maintains 1,067 harbors 
and 25,000 miles of commercial channels serving 40 states. The 
maintenance of these commercial waterways is directly tied to 
the ability of the nation to ship manufactured and bulk 
products, as well as to compete with the ports of neighboring 
countries for the business of ships arriving from around the 
world. As a primary supporter of America's waterway 
infrastructure, the Corps ensures that the nation has the tools 
to maintain a competitive edge in the global market. This 
recommendation makes key changes to the budget request to 
ensure that the Corps has the resources to continue to support 
America's navigation infrastructure.
    The flood protection infrastructure that the Corps builds 
or maintains reduces the risk of flooding to people, 
businesses, and other public infrastructure investments. In 
fact, the average annual damages prevented by Corps projects 
over fiscal years 2007-2016 was $67,600,000,000. Between 1928 
and 2016, each inflation-adjusted dollar invested in these 
projects prevented $8.91 in damages. This infrastructure 
protects properties and investments by preventing the 
destruction of homes, businesses, and many valuable acres of 
cropland from flooding.
    Reclamation's infrastructure is a critical component of the 
agricultural productivity of the nation and supplies water to 
more than 31 million people for municipal, rural, and 
industrial uses. These facilities deliver water to one of every 
five western farmers resulting in approximately 10 million 
acres of irrigated land that produces 60 percent of the 
nation's vegetables and 25 percent of its fruits and nuts. 
Without this infrastructure, American municipal and industrial 
users would face critical water shortages, and agricultural 
producers in the west would not be able to access reliable, 
safe water for their families and their businesses.
    The Corps and Reclamation are the nation's largest and 
second largest producers of hydropower, respectively. Combined, 
these federal hydropower facilities generate approximately 115 
billion kilowatt-hours annually. Gross revenues from the sale 
of this power reach nearly $6,000,000,000 annually.

                       National Defense Programs

    The Committee considers the national defense programs of 
the National Nuclear Security Administration (NNSA) to be the 
Department of Energy's highest national security priority. The 
recommendation provides funding to sustain and modernize the 
nuclear weapons stockpile, prevent the proliferation of nuclear 
materials, and provide for the needs of the naval nuclear 
propulsion program. Additionally, the recommendation fully 
supports the environmental cleanup of multiple sites across the 
country, maintaining the federal government's responsibility to 
clean up the legacy of over five decades of nuclear weapons 
production and government-sponsored nuclear energy research and 
development.

                        Congressional Direction

    Program, Project, or Activity.--The term ``program, 
project, or activity'' shall include the most specific level of 
budget items identified in the Energy and Water Development and 
Related Agencies Appropriations Act, 2021 and the Committee 
report accompanying this Act.
    Performance Measures.--The Committee directs each of the 
agencies funded by this Act to comply with title 31 of the 
United States Code, including the development of their 
organizational priority goals and outcomes such as performance 
outcome measures, output measures, efficiency measures, and 
customer service measures.
    Customer Service Measures.--The Committee directs each of 
the agencies funded by this Act to develop standards to improve 
customer service and incorporate the standards into the 
performance plans required under title 31 of the United States 
Code.
    Offsetting Collections.--The Committee directs each of the 
agencies funded by this Act to continue to report any funds 
derived by the agency from non-federal sources, including user 
charges and fines that are authorized by law, to be retained 
and used by the agency or credited as an offset in annual 
budget submissions.
    Regional Councils.--The Committee encourages all federal 
agencies to consider including regional councils and councils 
of government as eligible entities in competitions for federal 
funding when local governments or non-profit agencies are 
eligible.
    Federal Advertising.--The Committee directs each of the 
agencies funded by this Act to include the following 
information in its fiscal year 2022 budget justification: 
expenditures for fiscal year 2020 and expected expenditures for 
fiscal year 2021, respectively, for (1) all contracts for 
advertising services, and (2) contracts for the advertising 
services of all Small Business Administration-recognized 
socioeconomic subcategory-certified small businesses, as 
defined in the Small Business Act, and all minority-owned 
businesses.
    Cost Allocation Studies.--The Committee notes the recent 
receipt of the briefing and outline on cost allocation issues 
for projects within the Federal Columbia River Power System as 
required in the fiscal year 2020 Act. The Committee appreciates 
the efforts of the Corps, Reclamation, and Bonneville Power 
Administration to provide this information in a timely manner. 
The Committee encourages the agencies to continue to work 
together on these issues, including resolving policy 
discrepancies among the agencies. The agencies shall brief the 
Committee not less than quarterly on the progress on resolving 
issues.
    Salton Sea, California.--The Committee recognizes the 
importance of the Salton Sea and the impact that it has on 
public health and the health of the environment in surrounding 
communities, as well as the potential for clean energy 
production and critical material recovery. Restoring the health 
of the Salton Sea, thereby lessening public health and 
environmental risks, will involve the cooperation of all 
relevant federal agencies, including the Corps and Reclamation, 
as well as state and local agencies. The Committee directs the 
Corps and Reclamation to partner with federal, state, and local 
agencies and coordinate use of all existing authorities to 
support Salton Sea restoration efforts, including the State of 
California's Salton Sea Management Program.
    Federal Law Enforcement.--The Committee notes that the 
Commerce, Justice, Science, and Related Agencies Appropriations 
Act, 2021 directs the Attorney General to establish a training 
program to cover the use of force and de-escalation, racial 
profiling, implicit bias, and procedural justice, to include 
training on the duty of federal law enforcement officers to 
intervene in cases where another law enforcement officer is 
using excessive force, and make such training a requirement for 
federal law enforcement officers. The Committee further notes 
that certain Departments and agencies funded by this Act employ 
federal law enforcement officers and are Federal Law 
Enforcement Training Centers partner organizations. The 
Committee directs such Departments and agencies to adopt and 
follow the training program established by the Attorney General 
and to make such training a requirement for its federal law 
enforcement officers. The Committee further directs such 
Departments and agencies to brief the Committee on their 
efforts relating to training not later than 90 days after the 
Attorney General has established such a training program.
    In addition, the Committee directs such Departments and 
agencies, to the extent that such Departments and agencies have 
not already done so, to submit their use of force data to the 
Federal Bureau of Investigation (FBI)'s National Use of Force 
Data Collection database. The Committee further directs such 
Departments and agencies to brief the Committee not later than 
90 days after enactment of this Act on their current efforts to 
tabulate and submit its use of force data to the FBI.

                   TITLE I--CORPS OF ENGINEERS--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations Act funds the Civil Works missions of the U.S. 
Army Corps of Engineers (Corps). This program is responsible 
for activities in support of coastal and inland navigation, 
flood and coastal storm damage reduction, environmental 
protection and restoration, hydropower, recreation, water 
supply, and disaster preparedness and response. The Corps also 
performs regulatory oversight of navigable waters. 
Approximately 22,000 civilians and almost 300 military 
personnel located in eight Division offices and 38 District 
offices work to carry out the Civil Works program.
    Columbia River Treaty.--The Committee notes the ongoing 
negotiations between the United States and Canada regarding the 
Columbia River Treaty and directs the Corps, in coordination 
with partner agencies, to provide to the Committee not later 
than 60 days after enactment of this Act a briefing on the 
benefits the Treaty has facilitated for Canada.

                        BUDGET STRUCTURE CHANGES

    The fiscal year 2021 budget request for the Corps proposed 
numerous structure changes, including the creation of two new 
accounts (Harbor Maintenance Trust Fund and Inland Waterways 
Trust Fund) and shifting a variety of studies and projects from 
one account to another. The Committee rejects all such proposed 
changes and instead funds all activities in the accounts in 
which funding has traditionally been provided. All projects 
remain at the levels proposed in the budget request but may be 
funded in different accounts. In particular:
           Projects proposed for funding in the Harbor 
        Maintenance Trust Fund account in the budget request 
        are funded in the Construction, Mississippi River and 
        Tributaries, and Operation and Maintenance accounts, as 
        appropriate;
           Dam safety management studies, proposed in 
        the Investigations account in the budget request, are 
        funded in the Dam Safety and Seepage/Stability 
        Correction Program within the Construction account;
           Dam Safety and Seepage/Stability Correction 
        Program management costs, proposed in the Expenses 
        account in the budget request, are funded in the 
        program within the Construction account; and
           Sand mitigation projects, proposed in the 
        Harbor Maintenance Trust Fund account in the budget 
        request, are funded in the Construction account.
    Additionally, several national programs were proposed in 
the budget request as singular programs under remaining items, 
whereas the Committee has traditionally funded these programs 
by state. These programs include the Inspection of Completed 
Works, Project Condition Surveys, Scheduling of Reservoir 
Operations, and Surveillance of Northern Boundary Waters. The 
Committee rejects the proposed changes and instead funds all 
activities in these programs under the individual states. 
Further, the budget request proposed several studies as 
projects listed under states. These studies include those under 
the Tribal Partnership Program and Disposition of Completed 
Projects. The Committee also rejects these proposed changes and 
instead funds these studies under the traditional remaining 
items. All projects remain at the funding levels included in 
the budget request.
    The Poplar Island, Maryland, beneficial use of dredged 
material project has been re-categorized as within the 
environmental restoration business line as is appropriate and 
as was the case in previous years.
    Lastly, the proposed budget request consolidated six 
remaining items in the Investigations account under the 
Technology Applications Program remaining item. The Committee 
rejects the proposed change and instead funds the individual 
remaining items themselves.
    For any fiscal year, if the Corps proposes budget structure 
changes, the budget proposal shall be accompanied by a display 
of the funding request in the traditional budget structure.

              APPORTIONMENT UNDER A CONTINUING RESOLUTION

    For the purposes of continuing resolutions starting in 
fiscal year 2018, the Office of Management and Budget changed 
the long-standing policy by which funding is apportioned to the 
Civil Works program of the Corps. Under the new policy, funding 
within an individual account was apportioned separately for 
amounts from the general fund of the Treasury and from various 
trust funds.
    The Committee has long intended the Corps to have the 
flexibility to address projects most in need of funding under a 
continuing resolution. The creation of artificial accounting 
distinctions has the potential to cause serious impediments to 
the efficient and effective implementation of the Civil Works 
program. For example, work on many navigation projects is 
limited by environmental or other regulatory windows. Further 
limitations imposed by separately apportioning Harbor 
Maintenance Trust Fund monies could cause serious disruptions 
to the economic activity that depends on these navigation 
channels.
    For these reasons, the Committee rejects the change in 
apportionment policy and directs the Administration to follow 
the previous policy during any continuing resolutions that may 
occur in this or any future fiscal years.

                         DEEP-DRAFT NAVIGATION

    The Committee remains mindful of the evolving 
infrastructure needs of the nation's ports. Meeting these 
needs--including deeper drafts to accommodate the move towards 
larger ships--will be essential if the nation is to remain 
competitive in international markets and to continue advancing 
economic development and job creation domestically.
    Investigations and construction of port projects, including 
the deepening of existing projects, are cost-shared between the 
federal government and non-federal sponsors, often local or 
regional port authorities. The operation and maintenance of 
these projects are federal responsibilities and are funded as 
reimbursements from the Harbor Maintenance Trust Fund (HMTF), 
which is supported by an ad valorem tax on the value of 
imported and domestic cargo. Expenditures from the trust fund 
are subject to annual appropriations. The balance in the HMTF 
at the beginning of fiscal year 2021 is estimated to be 
approximately $10,108,000,000.
    The Water Resources Reform and Development Act (WRRDA) of 
2014 included target annual appropriations levels for use of 
HMTF receipts and the Water Resources Development Act (WRDA) of 
2016 amended those levels. The Committee remains committed to 
providing the maximum practicable amount of funding for HMTF-
reimbursable activities consistent with annual allocations and 
after evaluating funding requirements for other priority 
activities within the Civil Works program.
    For fiscal year 2021, the Committee provides an estimated 
$1,680,000,000 for HMTF-related activities, $50,000,000 above 
fiscal year 2020, $665,000,000 above the budget request, and 
meets the annual target. This amount represents 92 percent of 
estimated revenues compared to the fiscal year 2021 target of 
83 percent. This funding will enable the Corps to make 
significant progress on the backlog of dredging needs.

                        INLAND WATERWAYS SYSTEM

    The nation's inland waterways system--consisting of 
approximately 12,000 miles of commercially navigable channels 
and 239 lock chambers--is also essential to supporting the 
national economy. Freight transported on the inland waterways 
system includes a significant portion of the nation's grain 
exports, domestic petroleum and petroleum products, and coal 
used in electricity generation. Much of the physical 
infrastructure of the system is aging, however, and in need of 
improvements. For example, commercial navigation locks 
typically have a design life of 50 years, yet nearly 60 percent 
of these locks in the United States are more than 50 years old, 
with the average age of almost 60 years old.
    Capital improvements to the inland waterways system 
generally are funded 50 percent from the general fund of the 
Treasury and 50 percent from the Inland Waterways Trust Fund 
(IWTF), while operation and maintenance costs are funded 100 
percent from the general fund of the Treasury. The IWTF is 
supported by a tax on barge fuel.
    The Corps is directed to take the preparatory steps 
necessary to ensure that new construction projects can be 
initiated as soon as can be supported under a robust capital 
program (i.e., as ongoing projects approach completion). For 
fiscal year 2021, the Committee provides $90,000,000 from the 
IWTF, $90,000,000 above the budget request. The final program 
level will depend on project-specific allocations to be made by 
the Corps. The Committee recommends $55,000,000 above the 
budget request for additional operation and maintenance 
activities on the inland waterways.

                      FORMAT OF FUNDING PRIORITIES

    Traditionally, the President requested and the Congress 
appropriated funds for the Civil Works program on a project-
level basis. Taken together, however, these funding decisions 
indicated programmatic priorities and policy preferences. As 
with non-project-based programs, the Congress at times 
disagreed with the priorities stated in the budget request and 
made its priorities known in appropriations bills. Final 
federal government priorities were established in Acts passed 
by both chambers of the Congress and signed by the President.
    Since the 112th Congress, congressional earmarks, as 
defined in House rule XXI, have been prohibited. That 
definition encompasses project-level funding not requested by 
the President. As a result, the Committee reviewed the 
historical format of appropriations for the Corps to determine 
if there was a more transparent way to highlight programmatic 
priorities without abandoning congressional oversight 
responsibilities. The fiscal year 2012 Act included a 
modification to the format used in previous years, and that 
format is continued for fiscal year 2021. As in previous years, 
the Committee lists in report tables the studies, projects, and 
activities within each account requested by the President along 
with the Committee-recommended funding level. To advance its 
programmatic priorities, the Committee has included additional 
funding for certain categories of projects. Project-specific 
allocations within these categories will be determined by the 
Corps based on further direction provided in this report.

                           ADDITIONAL FUNDING

    The recommendation includes funding in addition to the 
budget request to ensure continued improvements to water 
resources infrastructure, including resiliency, that benefit 
our national economy, public safety, and environmental health. 
This funding is for additional work that either was not 
included in the budget request or was inadequately budgeted.
    The executive branch retains discretion over project-
specific allocation decisions within the additional funds 
provided, subject to only the direction here and under the 
heading ``Additional Funding'' or ``Additional Funding for 
Ongoing Work'' within each of the Investigations, Construction, 
Mississippi River and Tributaries, and Operation and 
Maintenance accounts. A study or project may not be excluded 
from consideration for funding for being ``inconsistent with 
Administration policy.'' The Administration is reminded that 
these funds are in addition to the budget request, and 
Administration budget metrics shall not be a reason to 
disqualify a study or project from being funded.
    The Committee remains concerned that the Administration has 
implied, either implicitly or explicitly, to non-federal 
sponsors that chances of being included in a budget request or 
work plan increase with the amount of funding a non-federal 
sponsor can bring to a project. Therefore, the Administration 
is reminded that voluntary funding in excess of legally 
required cost shares for studies and projects is acceptable but 
shall not be used as a criterion for inclusion in the budget 
request, for allocating the additional funding provided, or for 
the selection of new starts.
    It is expected that all the additional funding provided by 
this Act will be allocated to specific programs, projects, or 
activities. The focus of the allocation process shall favor the 
obligation, rather than expenditure, of funds. Additionally, 
the Administration shall consider the extent to which the Corps 
is able to obligate funds as it allocates the additional 
funding.
    The Corps shall evaluate all studies and projects only 
within accounts and categories consistent with previous 
congressional funding.
    A project or study shall be eligible for additional funding 
within the Investigations, Construction, and Mississippi River 
and Tributaries accounts if: (1) it has received funding, other 
than through a reprogramming, in at least one of the previous 
three fiscal years; (2) it was previously funded and could 
reach a significant milestone, complete a discrete element of 
work, or produce significant outputs in fiscal year 2021; or 
(3) as appropriate, it is selected as one of the new starts 
allowed in accordance with this Act and the additional 
direction provided below. None of the additional funding in any 
account may be used for any item where funding was specifically 
denied or for projects in the Continuing Authorities Program. 
Funds shall be allocated consistent with statutory cost share 
requirements.
    Work Plan.--Not later than 60 days after enactment of this 
Act, the Corps shall provide to the Committee a work plan 
including the following information: (1) a detailed description 
of the process and criteria used to evaluate studies and 
projects; (2) delineation of how these funds are to be 
allocated; (3) a summary of the work to be accomplished with 
each allocation, including phase of work; and (4) a list of all 
studies and projects that were considered eligible for funding 
but did not receive funding, including an explanation of 
whether the study or project could have used funds in fiscal 
year 2021 and the specific reasons each study or project was 
considered as being less competitive for an allocation of 
funds.
    New Starts.--The recommendation includes seven new starts 
in the Investigations account and seven new starts in the 
Construction and Mississippi River and Tributaries accounts to 
be distributed across the authorized mission areas of the 
Corps. Of the new starts in Investigations, two shall be for 
navigation studies, two shall be for flood and storm damage 
reduction studies, one shall be for an environmental 
restoration study, one shall be for a multi-purpose watershed 
study to assess coastal resiliency, and one shall be for an 
additional flood and storm damage reduction or environmental 
restoration study. Of the new construction starts, three shall 
be for navigation projects, of which one shall be for an inland 
waterways lock and dam modernization project, and of which one 
shall be for major rehabilitation jetty repair project at a 
medium or emerging harbor; one shall be for a flood and storm 
damage reduction project; one shall be for an additional 
navigation, an additional flood and storm damage reduction, or 
a multi-purpose project; and two shall be for environmental 
restoration or multi-purpose projects. The Corps is reminded 
that public-private partnership (P3) pilot projects are 
eligible to compete for new starts in Construction. No funding 
shall be used to initiate new programs, projects, or activities 
in the Operation and Maintenance account.
    The Corps is directed to propose a single group of new 
starts as a part of the work plan. None of the funds may be 
used for any item for which the Committee has specifically 
denied funding. The Corps may not change or substitute the new 
starts selected once the work plan has been provided to the 
Committee. Each new start shall be funded from the appropriate 
additional funding line item. Any project for which the new 
start requirements are not met by the end of fiscal year 2021 
shall be treated as if the project had not been selected as a 
new start; such a project shall be required to compete again 
for new start funding in future years. As all new starts are to 
be chosen by the Corps, all shall be considered of equal 
importance, and the Administration is reminded that the 
expectation is that future budget submissions will include 
appropriate funding for all new starts selected.
    There continues to be confusion regarding the executive 
branch's policies and guidelines regarding which studies and 
projects require new start designations. Therefore, the Corps 
is directed to notify the Committee at least seven days prior 
to execution of an agreement for construction of any project 
except environmental infrastructure projects and projects under 
the Continuing Authorities Program. Additionally, the Committee 
reiterates and clarifies previous congressional direction as 
follows. Neither study nor construction activities related to 
individual projects authorized under section 1037 of the WRRDA 
of 2014 shall require a new start or new investment decision; 
these activities shall be considered ongoing work. No new start 
or new investment decision shall be required when moving from 
feasibility to preconstruction engineering and design (PED). 
The initiation of construction of an individually authorized 
project funded within a programmatic line item may not require 
a new start designation provided that some amount of 
construction funding under such programmatic line item was 
appropriated and expended during the previous fiscal year. No 
new start or new investment decision shall be required to 
initiate work on a separable element of a project when 
construction of one or more separable elements of that project 
was initiated previously; it shall be considered ongoing work. 
A new construction start shall not be required for work 
undertaken to correct a design deficiency on an existing 
federal project; it shall be considered ongoing work.
    In addition to the priority factors used to allocate all 
additional funding provided in the Investigations account, the 
Corps should give careful consideration to the out-year budget 
impacts of the studies selected and to whether there appears to 
be an identifiable non-federal sponsor that will be ready and 
able to provide, in a timely manner, the necessary cost share 
for the feasibility and PED phases. The Corps is reminded that 
the flood and storm damage reduction and the environmental 
restoration mission areas can include instances where non-
federal sponsors are seeking assistance with flood control and 
unauthorized discharges from permitted wastewater treatment 
facilities and that the navigation mission area includes work 
in remote and subsistence harbor areas.
    In addition to the priority factors used to allocate all 
additional funding provided in the Construction and Mississippi 
River and Tributaries accounts, the Corps also shall consider 
the out-year budget impacts of the selected new starts and the 
non-federal sponsor's ability and willingness to promptly 
provide required cash contributions, if any, as well as 
required lands, easements, rights-of-way, relocations, and 
disposal areas. When considering new construction starts, only 
those that can execute a project cost sharing agreement not 
later than September 30, 2021, shall be chosen.
    To ensure that the new construction starts are affordable 
and will not unduly delay completion of any ongoing projects, 
the Secretary is required to submit to the Committee a 
realistic out-year budget scenario prior to issuing a work 
allowance for a new start. It is understood that specific 
budget decisions are made on an annual basis and that this 
scenario is neither a request for nor a guarantee of future 
funding for any project. Nonetheless, this scenario shall 
include an estimate of annual funding for each new start 
utilizing a realistic funding scenario through completion of 
the project, as well as the specific impacts of that estimated 
funding on the ability of the Corps to make continued progress 
on each previously funded construction project (including 
impacts to the optimum timeline and funding requirements of the 
ongoing projects) and on the ability to consider initiating new 
projects in the future. The scenario shall assume Construction 
and Mississippi River and Tributaries account funding levels at 
the average of the past three budget requests.

                               ASIAN CARP

    The Great Lakes and Mississippi River Interbasin Study was 
authorized by Congress under Section 3061(d) of the Water 
Resources Development Act of 2007 (Public Law 110-114). The 
Committee notes that the Brandon Road Lock and Dam in Joliet, 
Illinois, is critical to keeping Asian carp out of the Chicago 
Area Waterways System, which is the only continuous connection 
between the Great Lakes and Mississippi River basins. The 
Committee appreciates that the project received a positive 
recommendation in the Report of the Chief of Engineers.
    As the Corps prioritizes projects, it shall consider 
critical projects to prevent the spread of invasive species. 
The Corps is reminded that this project is eligible to compete 
for additional funding within the Investigations account. The 
Corps shall expeditiously work with the non-federal sponsor to 
execute a design agreement to commence preconstruction 
engineering and design. The Corps is directed to provide to the 
Committee quarterly updates on the progress and status of 
efforts to prevent the further spread of Asian carp, including 
the Brandon Road Recommended Plan; design agreement; the 
location and density of carp populations; the use of emergency 
procedures previously authorized by Congress; and the 
development, consideration, and implementation of new 
technological and structural countermeasures.
    The Corps shall continue to collaborate at levels 
commensurate with previous years with the U.S. Coast Guard, the 
U.S. Fish and Wildlife Service, the State of Illinois, and 
members of the Asian Carp Regional Coordinating Committee, 
including identifying navigation protocols that would be 
beneficial or effective in reducing the risk of vessels 
inadvertently carrying aquatic invasive species, including 
Asian carp, through the Brandon Road Lock and Dam in Joliet, 
Illinois. Any findings of such an evaluation shall be included 
in the quarterly briefings to the Committee. The Corps is 
further directed to implement navigation protocols shown to be 
effective at reducing the risk of entrainment without 
jeopardizing the safety of vessels and crews. The Corps and 
other federal and state agencies are conducting ongoing 
research on additional potential Asian Carp solutions. The 
Corps shall brief the Committee not later than 30 days after 
enactment of this Act on such navigation protocols and 
potential solutions.

                     AGING WATERWAY INFRASTRUCTURE

    The Committee recognizes the extraordinary implications to 
the local, regional, and national economy, as well as national 
security, due to aging waterway infrastructure. The Committee 
urges the Corps to continue to prioritize ongoing deep draft 
lock modernization or replacement projects.

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2021 
is consistent with congressional direction, to minimize the 
movement of funds, and to improve overall budget execution, the 
Act carries a legislative provision outlining the circumstances 
under which the Corps may reprogram funds.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $7,628,855,000 for the Corps, 
$21,145,000 below fiscal year 2020 and $1,662,669,000 above the 
budget request.
    A table summarizing the fiscal year 2020 enacted 
appropriation, the fiscal year 2021 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2020 enacted     FY 2021 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations......................................            $151,000            $102,635            $151,000
Construction........................................           2,681,000           2,173,189           2,619,855
Mississippi River and tributaries...................             375,000             209,863             365,000
Operation and maintenance...........................           3,790,000           1,996,499           3,838,000
Regulatory program..................................             210,000             200,000             205,000
FUSRAP..............................................             200,000               - - -             210,000
Flood control and coastal emergencies...............              35,000              77,000              35,000
Expenses............................................             203,000             187,000             200,000
Office of the Assistant Secretary of the Army for                  5,000               5,000               5,000
 Civil Works........................................
Harbor Maintenance Trust Fund.......................               - - -           1,015,000               - - -
                                                     -----------------------------------------------------------
    Total, Corps of Engineers--Civil................           7,650,000           5,966,186           7,628,855
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2020...................................      $151,000,000
Budget estimate, 2021.................................       102,635,000
Recommended, 2021.....................................       151,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +48,365,000
 

    This appropriation funds studies to determine the need for, 
the engineering and economic feasibility of, and the 
environmental and social suitability of solutions to water and 
related land resource problems; preconstruction engineering and 
design; data collection; interagency coordination; and 
research.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    Additional Funding.--The Corps is expected to allocate the 
additional funding provided in this account primarily to 
specific feasibility and preconstruction engineering and design 
(PED) phases, rather than to remaining items line items as has 
been the case in previous work plans. When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to completing or accelerating ongoing 
studies or to initiating new studies that will enhance the 
nation's economic development, job growth, and international 
competitiveness; are for projects located in areas that have 
suffered recent natural disasters; are for projects that 
protect life and property; or are for projects to address legal 
requirements. The recommendation includes sufficient additional 
funding to undertake a significant amount of feasibility and 
PED work. The Administration is reminded that a project study 
is not complete until the PED phase is complete and that no new 
start or new investment decision shall be required when moving 
from feasibility to PED.
    Of the additional funding provided in this account for 
environmental restoration or compliance, the Corps shall 
allocate not less than $9,700,000 for ecosystem restoration 
projects that benefit multiple states in the PED phase that 
have been funded within the last three years.
    Of the additional funding provided in this account for 
flood and storm damage reduction, the Corps shall allocate not 
less than $1,500,000 for PED to projects that are located in 
economically disadvantaged communities where per capita income 
is less than half of the state and national averages and that 
have previously experienced loss of life due to flooding.
    Of the additional funding recommended in this account for 
shore protection, the Corps shall allocate not less than 
$1,500,000 for the PED phase of beach re-nourishment projects 
that have been authorized by Congress for construction.
    Of the additional funding provided in this account for 
environmental restoration or compliance and other authorized 
project purposes, the Corps shall allocate not less than 
$1,500,000 for ecosystem restoration projects that are 
modifications to flood protection project authorizations to 
address degraded conditions due to prior flood protection work.
    Bubbly Creek Ecosystem Restoration Project.--The Committee 
notes the importance of restoration of the South Fork of the 
South Branch of the Chicago River, also known as Bubbly Creek, 
and its significance for economic revitalization, ecosystem 
restoration, and water quality improvements. The Committee is 
concerned that section 1110 of the America's Water 
Infrastructure Act of 2018 (Public Law 115-270), requiring the 
Corps to enter a memorandum of understanding with the 
Environmental Protection Agency to facilitate this restoration, 
remains unfulfilled. The Committee directs the Corps to brief 
the Committee not later than 90 days after enactment of this 
Act on the status of negotiations.
    Chacon Creek, Texas.--The Corps is reminded that flood 
mitigation projects like Chacon Creek in Laredo, Texas, are 
eligible to compete for additional funding provided within this 
account.
    Disposition of Completed Projects.--The Committee 
appreciates the Corps working to complete disposition studies 
pursuant to facilities that closed as a result of Public Law 
113-121. The Corps is directed to provide to the Committee 
copies of disposition studies upon completion. For Corps 
facilities that are deemed as excess, the Committee supports 
the disposal of those facilities through the appropriate 
General Services Administration process.
    Fairview, Texas.--The Committee notes that there is 
periodic flooding along Wilson Creek and Sloan Creek in 
Fairview, Texas, directly upstream from Lavon Lake. The Corps 
is directed to submit to the Committee not later than 180 days 
after enactment of this Act a report on the status of its 
efforts to engage with the City of Fairview to address this 
issue.
    Great Lakes Remedial Action Plan and Sediment 
Remediation.--Section 401 of the Water Resources Development 
Act of 1990 authorized the Corps to support the development and 
implementation of Remedial Action Plans at Areas of Concern in 
the Great Lakes. The Corps is reminded that this program is 
eligible to compete for additional funding provided in this 
account.
    Great Lakes Coastal Resiliency Study.--The Corps is 
reminded that the Great Lakes Coastal Resiliency study is 
eligible to compete for a new start as provided in this Act.
    Hartford and East Hartford, Connecticut.--The Committee 
understands that the Corps is completing initial appraisal 
reports under section 216 of the Flood Control Act of 1970 and 
reminds the Corps that the Water Resources Development Act of 
2018 directed expedited completion of feasibility studies for 
flood risk management projects in Hartford and East Hartford, 
Connecticut.
    Historic Landmarks.--The Committee appreciates the work 
done by the Corps to help preserve threatened historic sites. 
When prioritizing feasibility studies for flood control 
projects, the Committee encourages the Corps to consider the 
effects of sea level rise and storm surge on cultural and 
historic locations of significance.
    Impacts on Oyster Reefs.--The Committee encourages the 
Corps, when conducting or reviewing environmental assessments 
or environmental impact statements for navigation or coastal 
restoration projects in areas where oyster reefs exist, to 
consider water quality and salinity impacts on those reefs and, 
when appropriate, to mitigate any negative impacts.
    Lake Cypress, Florida.--The Committee continues to be aware 
that high rain totals have created a significant sediment flow 
through the Kissimmee Chain of Lakes resulting in a shoal that 
has expanded in recent years, located at the end of the C-35 
canal in Lake Cypress, Florida. The Committee is concerned over 
reports that the shoal has become a danger to navigation and 
strongly encourages the Corps to coordinate with state and 
local officials on this issue.
    Management of Contaminated Sites.--The Committee recognizes 
that hazardous substances and materials have contaminated 
wetlands throughout several parts of the country, leading to 
threats to drinking water and public health. Accordingly, the 
Committee urges the Corps, as appropriate, to notify the 
respective local and state entities if a hazardous substance or 
material spills into, or contaminates, a wetland that has the 
potential to harm the public's health.
    New Jersey Back Bays Study.--The Committee maintains 
interest in the New Jersey Back Bays study and notes the 
economic costs and risks associated with flood and storm 
events, as evidenced by Hurricane Sandy. The Corps is 
encouraged to include appropriate funding for this study in 
future budget submissions and is directed to brief the 
Committee not later than 90 days after enactment of this Act on 
the status of this examination.
    New York-New Jersey Harbor and Tributaries.--The Committee 
maintains interest in the New York-New Jersey Harbor and 
Tributaries study and notes the economic costs and risks 
associated with flood, sea level rise, and storm events, as 
evidenced by Hurricane Sandy. The Corps is encouraged to 
include appropriate funding for this study in future budget 
submissions and is directed to brief the Committee not later 
than 90 days after enactment of this Act on the status of this 
examination.
    Nome, Alaska.--The Committee recognizes the importance of 
enhancing the U.S. strategic presence in the Arctic, including 
the potential establishment of an Arctic deep draft port. The 
Corps is reminded that projects such as the Port of Nome, 
Alaska, are eligible to compete for additional funding provided 
in this account.
    North Atlantic Focus Area Studies.--In 2013 Congress 
directed the Corps to conduct a comprehensive study of 
vulnerable coastal populations that were impacted by Hurricane 
Sandy. The comprehensive study includes smaller individual 
studies, including the Baltimore Coastal Storm Risk Management, 
the Nassau County Back Bays, Delaware Inland Bays and Delaware 
Bay Coast, and other focus area studies. The Committee is 
disappointed that the fiscal year 2021 budget request did not 
include funding for these critical studies, despite significant 
capabilities, and encourages the Corps to include appropriate 
funding for these studies in future budget requests.
    North Branch Ecorse Creek Watershed, Michigan.--The 
Committee is aware that flooding is a consistent, recurring 
issue in the project area and the North Branch Ecorse Creek 
Watershed, which has flooded four times in the last three 
years. The repetitive flooding is causing extensive property 
damage, bank erosion and instability, sediment and nutrient 
loading, trash and debris loading, in-stream habitat 
degradation, and loss of aesthetic and recreational value. The 
Committee urges the Corps to expeditiously complete the General 
Reevaluation Report in order to move forward with PED.
    Planning Assistance to States, Vulnerable Coastal 
Communities.--The Committee notes the important role the Corps 
plays in managing flood risk and threats from coastal hazards 
and that the Planning Assistance to States program can assist 
with comprehensive plans and technical assistance to eligible 
state, tribal, or U.S. territory partners. The Committee 
encourages the Corps to continue building capacity to provide 
this assistance to vulnerable coastal communities, including 
tribal communities.
    Principles, Requirements & Guidelines.--The Committee 
understands that the Corps is developing Agency Specific 
Procedures to implement the Principles, Requirements, and 
Guidelines for Federal Investments in Water Resources (PR&G) 
released in March 2013 and the Final Interagency Guidelines 
released in December 2014. The Corps is reminded that Congress, 
through section 2031 of the Water Resources Development Act of 
2007, established a national policy for water resources 
projects to maximize sustainable development; to avoid unwise 
use of floodplains and flood-prone areas; and to protect and 
restore, and where necessary, to mitigate unavoidable impacts 
to natural systems. This section also directed the Secretary to 
update PR&G to incorporate modern advancements in economic and 
analytical techniques and to incorporate efforts to address 
public safety; low-income communities; nonstructural approaches 
to water resource development and management; and integrative, 
adaptive, and watershed approaches. The Corps is directed to 
brief the Committee not later than 45 days after enactment of 
this Act on its efforts to develop Agency Specific Procedures 
and again prior to finalizing Agency Specific Procedures.
    Reporting Requirement.--The Corps is encouraged to work 
expeditiously towards compliance with sections of Public Law 
115-270 that expedited feasibility studies. The Committee 
directs the Corps to provide to the Committee not later than 45 
days after enactment of this Act a briefing on the status of 
implementation of these sections.
    Research and Development.--The Committee notes the 
importance of the work carried out by the Corps under the 
Research and Development remaining item. The Committee 
encourages the Corps to engage in monitored field trials of 
coastal restoration optimized for blue carbon CO2 
sequestration. The Committee understands that certain machine 
learning and artificial intelligence initiatives are underway, 
including the Numerical Modeling Modernization and Data25 
initiatives, and urges the Corps to continue this work. Lastly, 
the Committee encourages the Corps to collaborate with 
university partners to improve the capabilities for improving 
the integrity and performance of the nation's levee systems.
    Research and Development, Biopolymers.--The Committee notes 
the importance of earthen infrastructure to support water 
distribution and regulation and energy systems. To rehabilitate 
these deteriorating structures, reduce costs of rehabilitating 
and maintaining these structures, and increase resiliency of 
these structures against potential threats, the Committee notes 
the value of research in the use of biopolymers and the 
recommendation provides $6,000,000 for these activities.
    Research and Development, Freshwater Intrusion.--The 
Committee recognizes the need to develop tools to assess, 
forecast, and proactively manage the hydrodynamic and 
environmental impacts of large-scale freshwater intrusion into 
the Mississippi Sound and surrounding waters. These consistent 
freshwater intrusions have been detrimental to the Mississippi 
Sound and the U.S. blue economy. The Corps is encouraged to 
partner with academia with expertise in coastal processes and 
ocean and hydrodynamic modeling to develop these tools.
    Research and Development, Innovative Technologies for 
Resilient Infrastructure.--The Committee recognizes that 
research is needed to test and refine use of rapid, repeatable, 
and remote methods for long-term monitoring of critical water 
infrastructure and encourages the Corps to partner with 
academia to research and manage emerging threats to attain 
resilient flood control structures.
    Research and Development, Modeling.--As sea levels rise, 
climate change and human activities continue to impact 
coastlines, rivers, and related habitats. The recommendation 
provides $4,000,000 to support research into predictive models 
and field-based research into geochemical, geophysical, and 
sedimentological analysis and modeling of diverse field sites 
on contemporary and historic time frames.
    Research and Development, Oyster Reefs.--The Committee 
recognizes the importance of sustainable oyster reefs for 
maintaining healthy ecosystems, protecting coastal 
infrastructure, and supporting commercial fisheries. Recent 
restoration efforts have not achieved the intended success for 
U.S. oyster populations, and the identification of effective 
restoration strategies remains a critical gap. Accordingly, the 
recommendation provides $2,600,000 for the Corps to partner 
with research universities to conduct oyster reef restoration 
research.
    Research and Development, Urban Flood Damage Reduction.--
The Corps is encouraged to collaborate with research partners 
to study the special impact of flooding in arid regions of the 
country, with a specific focus on flooding impacts in post-
wildfire areas.
    Rio Guayanilla, Puerto Rico.--The Committee recognizes the 
importance of the flood control and prevention project in Rio 
Guayanilla and understands that the final feasibility report is 
currently under review. The Corps is encouraged to include 
appropriate funding for this study in future budget submissions 
and is directed to brief the Committee not later than 90 days 
after enactment of this Act on the status of this examination 
and future plans for this project.
    Salton Sea, California.--The Committee recognizes the role 
that the Corps plays in the restoration of the Salton Sea and 
encourages the Corps to be an active participant in restoration 
efforts involving federal participation, including the 
California Natural Resources Agency's Salton Sea Management 
plan. The Committee notes the Senate Environment and Public 
Works Committee Resolution dated April 25, 2016, authorizing 
the Imperial Stream Salton Sea study, an aquatic ecosystem 
restoration study on an inland lake with associated public 
health risks, and reminds the Corps that this study is eligible 
to compete for a new start as provided in this Act.
    San Diego River Levee System, California.--The Committee 
notes that the America's Water Infrastructure Act of 2018 
(Public Law 115-270) authorized the Corps to conduct a 
feasibility study for flood risk management, navigation, and 
ecosystem restoration in the San Diego River. The Corps is 
reminded that the San Diego River Levee System study is 
eligible to compete for a new start as provided in this Act.
    Upper Mississippi River-Illinois Waterway System.--The 
Committee recognizes the importance of advancing the Navigation 
and Ecosystem Sustainability Program for the Upper Mississippi 
region and our nation's economy and notes that Congress has 
already appropriated significant funding for this program, 
including funding for PED. As such, the Committee reminds the 
Corps that this project is eligible to compete for funding to 
move forward with PED and advance the projects authorized in 
Title VIII of the Water Resources and Development Act of 2007 
(Public Law 110-114).
    Upper Des Plaines River and Tributaries Project, Illinois 
and Wisconsin.--The Committee is aware that the project area 
was flooded with record high crests overflowing the Des Plaines 
River, resulting in damage to more than 3,200 residences. The 
Committee urges the Corps to cooperate with the non-federal 
sponsor as it prepares advance work on a number of flood 
features under section 204 of the Water Resources Development 
Act of 1986.

                              CONSTRUCTION

 
 
 
Appropriation, 2020...................................    $2,681,000,000
Budget estimate, 2021.................................     2,173,189,000
Recommended, 2021.....................................     2,619,855,000
Comparison:
    Appropriation, 2020...............................       -61,145,000
    Budget estimate, 2021.............................      +446,666,000
 

    This appropriation funds construction, major 
rehabilitation, and related activities for water resource 
projects whose principal purpose is to provide commercial 
navigation, flood and storm damage reduction, or aquatic 
ecosystem restoration benefits to the nation. Portions of this 
account are funded from the Harbor Maintenance Trust Fund and 
the Inland Waterways Trust Fund.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    Additional Funding.--The recommendation includes additional 
funds for projects and activities to enhance the nation's 
economic growth and international competitiveness.
    Of the additional funding provided in this account for 
environmental restoration or compliance and other authorized 
project purposes, the Corps shall allocate not less than 
$25,000,000 for multistate ecosystem restoration programs for 
which a comprehensive restoration plan is in development or has 
been completed, of which not less than $5,000,000 shall be for 
projects or programs that restore and rehabilitate native 
oyster reefs.
    Of the additional funds provided in this account, the Corps 
shall allocate not less than $40,000,000 to projects with 
riverfront development components.
    Of the additional funding provided in this account for 
navigation and other authorized project purposes, the Corps 
shall allocate not less than $59,200,000 to continue activities 
to construct new navigation infrastructure for locks not on the 
inland waterways system and Corps-owned bridges.
    Of the additional funding provided in this account for 
flood and storm damage reduction and flood control, the Corps 
shall allocate not less than $29,000,000 to continue 
construction of projects that principally address drainage in 
urban areas.
    Of the additional funds provided in this account for flood 
and storm damage reduction, navigation, and other authorized 
project purposes, the Corps shall allocate not less than 
$10,000,000 to authorized reimbursements for projects with 
executed project partnership agreements and that have completed 
construction or where non-federal sponsors intend to use the 
funds for additional water resource development activities.
    Of the additional funding provided in this account for 
flood and storm damage reduction and flood control, the Corps 
shall allocate not less than $10,000,000 to additional 
nonstructural flood control projects.
    Public Law 115-123 and Public Law 116-20 included funding 
within the Flood Control and Coastal Emergencies account to 
restore authorized shore protection projects to full project 
profile. That funding is expected to address some of the 
current year capability. The recommendation includes 
$55,165,000 for construction of shore protection projects, an 
increase of $5,000,000 above fiscal year 2020. The Corps is 
reminded that if additional work can be done, these projects 
are also eligible to compete for additional funding for flood 
and storm damage reduction.
    When allocating the additional funding provided in this 
account, the Corps is encouraged to evaluate authorized 
reimbursements in the same manner as if the projects were being 
evaluated for new or ongoing construction and shall consider 
giving priority to the following:
           benefits of the funded work to the national 
        economy;
           extent to which the work will enhance 
        national, regional, or local economic development;
           number of jobs created directly and 
        supported in the supply chain by the funded activity;
           significance to national security, including 
        the strategic significance of commodities;
           ability to obligate the funds allocated 
        within the fiscal year, including consideration of the 
        ability of the non-federal sponsor to provide any 
        required cost share;
           ability to complete the project, separable 
        element, or project phase with the funds allocated;
           legal requirements, including 
        responsibilities to tribes;
           for flood and storm damage reduction 
        projects, including authorized nonstructural measures 
        and periodic beach renourishments,
                   population, economic activity, 
                or public infrastructure at risk, as 
                appropriate; and
                   the severity of risk of flooding 
                or the frequency with which an area has 
                experienced flooding;
           for shore protection projects, projects in 
        areas that have suffered severe beach erosion requiring 
        additional sand placement outside of the normal beach 
        renourishment cycle or in which the normal beach 
        renourishment cycle has been delayed, and projects in 
        areas where there is risk of environmental 
        contamination;
           for navigation projects, the number of jobs 
        or level of economic activity to be supported by 
        completion of the project, separable element, or 
        project phase;
           for projects cost shared with the Inland 
        Waterways Trust Fund (IWTF), the economic impact on the 
        local, regional, and national economy if the project is 
        not funded, as well as discrete elements of work that 
        can be completed within the funding provided in this 
        line item;
           for other authorized project purposes and 
        environmental restoration or compliance projects, to 
        include the beneficial use of dredged material; and
           for environmental infrastructure projects, 
        projects with the greater economic impact, projects in 
        rural communities, projects in communities with 
        significant shoreline and instances of runoff, projects 
        in or that benefit counties or parishes with high 
        poverty rates, projects in financially distressed 
        municipalities, projects that improve stormwater 
        capture capabilities, and projects that will provide 
        substantial benefits to water quality improvements.
    The recommendation provides $90,000,000 of estimated annual 
revenues in the IWTF. The Corps shall allocate all funds 
provided in the IWTF Revenues line item along with the 
statutory cost share from funds provided in the Navigation line 
item prior to allocating the remainder of funds in the 
Navigation line item.
    Aquatic Plant Control Program.--Of the additional funding 
provided for the Aquatic Plant Control Program, $15,000,000 
shall be for watercraft inspection stations, as authorized in 
section 104 of the River and Harbor Act of 1958, equally 
distributed to carry out subsections (d)(1)(A)(i), 
(d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000 shall be for 
related monitoring. Additional funding is also provided for 
nationwide research and development to address invasive aquatic 
plants, and activities for monitoring, surveys, and control of 
flowering rush and hydrilla verticillata.
    The Committee recognizes that mechanical harvesting 
technologies and other non-chemical methods can be used to 
combat the spread invasive aquatic plant species. The Committee 
directs the Corps to investigate the use of mechanical 
harvesting technologies to control invasive species and to 
brief the Committee not later than 90 days after enactment of 
this Act on its findings.
    Beneficial Use of Dredged Material Pilot Program.--The 
Committee supports the pilot program authorized in section 1122 
of the Water Resources Development Act of 2016. The 
recommendation provides $10,000,000 to continue the first 10 
projects selected. The Corps shall not use Operation and 
Maintenance funds provided or allocated to the projects from 
which the dredged material is generated for costs beyond the 
costs of the Federal Standard. The Corps shall brief the 
Committee not later than 90 days after enactment of this Act on 
the planned activities, costs estimates, and potential 
timelines for each of the 10 selected pilot projects. The Corps 
is further directed to brief the Committee prior to any effort 
to select any additional pilot projects as authorized by the 
America's Water Infrastructure Act of 2018.
    Cano Martin Pena, Puerto Rico.--The Committee notes the 
environmental degradation and persistent flooding that 
disadvantages communities abutting the channel, as evidenced by 
Hurricanes Irma and Maria. The Committee remains interested in 
the timely advancement of this project given the years of 
significant planning that have been undertaken and its purpose 
in restoring a critical watershed and the natural functioning 
of the tidal system in the San Jose Lagoon and the San Juan Bay 
Estuary. The Committee is concerned about the lost 
opportunities and delays arising due to the lack of funding to 
start construction of this important project. The Committee 
encourages the Corps to include appropriate funding for this 
project in future budget submissions and to work with the non-
federal sponsor to advance the project to the next phase at the 
earliest practicable opportunity. The Corps is directed to 
report to the Committee not later than 45 days after enactment 
of this Act on the status of and future plans for this project. 
The report should include identification of any circumstances 
that may be disadvantaging this project from selection as a new 
construction start.
    Chesapeake Bay Comprehensive Water Resources and 
Restoration Plan.--The Committee is supportive of the 
Chesapeake Bay Comprehensive Water Resources and Restoration 
Plan,
    Chesapeake Bay Oyster Recovery, Maryland and Virginia.--The 
Committee is supportive of the Corps' work on the Chesapeake 
Bay Oyster Recovery program and urges the Corps to include 
appropriate funding in future budget requests for these 
efforts.
    Continuing Authorities Program (CAP).--The Committee 
continues to support all sections of the Continuing Authorities 
Program. Funding is provided for nine CAP sections at a total 
of $67,000,000. This program provides a useful tool for the 
Corps to undertake small localized projects without the lengthy 
study and authorization process typical of larger Corps 
projects. The management of CAP should continue consistent with 
direction provided in previous fiscal years. Within the section 
1135 CAP authority, and to the extent already authorized by 
law, the Corps is reminded that projects that restore degraded 
wetland habitat and stream habitats impacted by construction of 
Corps levees or channels, and projects that will divert 
significant pollutant nutrient runoff from entering wetland 
habitats, are eligible to compete for funding. Further, the 
Corps is reminded that projects approved in 2019 are eligible 
to compete for funds provided under section 206.
    Everglades Agricultural Area.--The Committee recognizes the 
importance of the Everglades Agricultural Area Storage 
Reservoir to South Florida ecosystem restoration and efforts to 
combat harmful algal blooms in the greater Everglades region.
    Howard Hanson Dam, Washington.--The Committee notes that 
$3,000,000 was included in the fiscal year 2020 work plan to 
begin the design and cost update needed to resume work on the 
construction of a downstream fish passage facility as mandated 
by the 2019 Biological Opinion. The Committee supports these 
efforts and directs the Corps to work expeditiously on this 
project in order to meet the 2030 deadline established in the 
Biological Opinion.
    Lakes Marion and Moultrie, South Carolina.--The Committee 
recognizes the importance of continued progress on the Lakes 
Marion and Moultrie regional water supply project and reminds 
the Corps that this project is eligible to compete for 
additional funding provided in this account.
    McClellan-Kerr Arkansas River Navigation System, Arkansas 
and Oklahoma.--The Committee recognizes the importance of the 
12-foot navigational channel project to the McClellan-Kerr 
Arkansas River Navigation System. The Corps is encouraged to 
continue working with stakeholders and is reminded that this 
project is eligible to compete for additional funding provided 
in this account.
    Murrieta Creek, California.--The non-federal sponsor 
intends to pursue a section 221 In-Kind Credit Contribution 
agreement with the Corps to do the design work to optimize the 
multi-purpose basin so as to eliminate or reduce the need for 
perimeter levees, optimize costs and benefits, and facilitate 
interim uses of the property. The Corps is encouraged to move 
forward with timely approval of the agreement. The non-federal 
sponsor also is moving forward to address the outdated 
information in the Corps' economic side-by-side analysis for 
the project in order to identify the most cost-effective 
project. The Corps is directed to coordinate with the non-
federal sponsor, as requested, in the economic update in order 
to have a strong basis for proceeding with the completion of 
the Limited Reevaluation Report.
    New Buffalo, Michigan.--The Committee is aware of 
significant sloughing and erosion along the New Buffalo 
Shoreline and that the Corps is currently investigating the 
issue through a project under section 111 of the Continuing 
Authorities Program. The Corps is directed to brief the 
Committee not later than 90 days after enactment of this Act on 
the status of its investigation, options to mitigate erosion to 
the beaches south of the New Buffalo Harbor, and options for a 
path forward on this project.
    New Programs Requested in the Budget Proposal.--The budget 
request includes a proposal for $250,000,000 for projects 
carried out under section 1043 of the Water Resources Reform 
and Development Act of 2014, ``Non-federal Implementation Pilot 
Program.'' This pilot program was authorized to allow the 
transfer of federal funds to non-federal interests for them to 
perform studies and construct projects. The Committee rejects 
the idea that the method of project execution should be used to 
prioritize projects for federal funding and provides no funds 
for such an effort. The fiscal year 2020 Act directed the Corps 
to brief the Committee on the section 1043 pilot program, and 
the Committee is still awaiting this briefing. The Corps is 
directed to provide this briefing not later than 45 days after 
enactment of this Act.
    The budget request also includes $250,000,000 for an 
Innovative Funding Partnerships Program to be used along with 
funds from non-federal interests ``in excess of the sponsor's 
statutory cost share requirements'' to carry out certain 
authorized projects. The Committee is disturbed by this blatant 
attempt to require funding in excess of legally required cost 
share as a criterion for funding decisions, which is contrary 
to long-standing congressional direction. The Committee 
provides no funds for this proposal. The Committee notes, 
however, that any project that could have received funding 
under such a program is eligible to compete for the additional 
funding provided in this account based on the project 
performance criteria described in this report.
    New Savannah Bluff Lock and Dam, Georgia and South 
Carolina.--The Corps is directed to brief the Committee not 
later than 30 days after enactment of this Act on its plan 
(Alternative 2-6d) for the New Savannah Bluff Lock and Dam. As 
part of the brief, at a minimum, the Corps shall provide 
details on how the plan for the New Savannah Lock and Dam 
complies with section 1319 of the Water Infrastructure 
Improvements for the Nation Act of 2016 (Public Law 114-322); 
details on the impacts of the February 2019 drawdown simulation 
to the water levels along the Savannah River, including those 
to local communities; any potential impacts to municipal and 
industrial water supplies and recreational activities if the 
plan is implemented; other options that were considered and 
reasons for not selecting those options; and an analysis and 
update on any pending authorization language that would 
directly impact this project.
    Norfolk Harbor and Channels Deepening, Virginia.--The 
Committee notes construction has begun on the first element of 
this project using non-federal funds and the Corps is nearing 
completion of design for the next element of channel 
improvements. The Committee recognizes the non-federal sponsor 
is prepared to provide its cost share once federal construction 
funding is received. The Corps is reminded that this project is 
eligible to compete for a construction new start as provided in 
this Act.
    Public Law 115-123 (LERRDs).--The Corps has authority to 
perform acquisition of required lands, easements, rights-of-
ways, relocations, and disposal areas (LERRDs) on behalf of a 
non-federal sponsor under certain circumstances. The Committee 
strongly encourages the Corps to evaluate such requests from 
non-federal sponsors of projects funded under Public Law 115-
123.
    Port of Brownsville Deepening Project, Texas.--The Port of 
Brownsville, Texas, is undergoing a project to deepen the 
channel from 42 to 52 feet. The Committee recognizes that the 
project has a high benefit to cost ratio and an enthusiastic 
non-federal sponsor. The Corps is reminded this project is 
eligible to compete for a new construction start as provided in 
this Act.
    Salton Sea, California.--The Committee encourages the Corps 
to expeditiously move forward to carry out section 3032 of 
Public Law 110-114.
    South Florida Ecosystem Restoration, Florida.--As in 
previous years, the Committee provides funding for all study 
and construction authorities related to Everglades restoration 
under the line item titled ``South Florida Ecosystem 
Restoration, Florida.'' This single line item allows the Corps 
flexibility in implementing the numerous activities underway in 
any given fiscal year.
    Supplemental Funds.--The Committee commends the Corps for 
its commitment to using supplemental appropriations to complete 
projects initiated with those supplemental funds. The Committee 
reminds the Corps that congressionally authorized water 
resources projects that have received regular appropriations 
may continue to receive annual appropriations in addition to 
amounts allocated to those projects from supplemental 
appropriations.
    United States Virgin Islands.--The Committee notes that 
persistent flooding has harmed communities and infrastructure 
in the territory, as evidenced by Hurricanes Irma and Maria. 
The Committee is disappointed that none of the supplemental 
appropriations made available under Public Law 115-123 were 
allocated for flood risk management projects in the U.S. Virgin 
Islands. The Corps is reminded that it may fund such projects 
out of remaining construction funds provided under Public Law 
115-123, in a work plan, or in future budget requests. The 
Corps is directed to brief the Committee not later than 90 days 
after enactment of this Act on the status of these projects.
    Whittier Narrows, California.--The Committee supports the 
timely completion of the Whittier Narrows dam safety project. 
The Corps is directed to submit to the Committee not later than 
45 days after enactment of this Act a report detailing the 
impact the project will have on the surrounding community, 
which shall include efforts the Corps may consider to mitigate 
the temporary and permanent disruption of the project for the 
surrounding community.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2020...................................      $375,000,000
Budget estimate, 2021.................................       209,863,000
Recommended, 2021.....................................       365,000,000
Comparison:
    Appropriation, 2020...............................       -10,000,000
    Budget estimate, 2021.............................      +155,137,000
 

    This appropriation funds planning, construction, and 
operation and maintenance activities associated with projects 
to reduce flood damage in the lower Mississippi River alluvial 
valley below Cape Girardeau, Missouri.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    Additional Funding.--When allocating the additional funding 
provided in this account, the Corps shall consider giving 
priority to completing or accelerating work that will enhance 
the nation's economic development, job growth, and 
international competitiveness, or are for studies or projects 
located in areas that have suffered recent natural disasters. 
While this funding is shown under remaining items, the Corps 
shall use these funds in Investigations, Construction, and 
Operation and Maintenance, as applicable.
    Lower Mississippi River Main Stem.--The budget request 
proposes to consolidate several activities across multiple 
states into one line item. The Committee does not support this 
change and instead continues to fund these activities as 
separate line items.
    Lower Mississippi River Watershed.--The Committee is aware 
of negative impacts in the Mississippi River system as a result 
of multiple high-water events in recent years. The Corps shall 
brief the Committee on actions taken to manage the river over 
the past three years and any impacts of such actions on 
ecosystem restoration, navigation, flood control, water 
quality, and others. The Committee has heard from stakeholders 
that the construction of new water resources development 
projects, improved data collection methods, and structural and 
operation modifications to existing projects are critical to 
better understand changing hydraulic features and to 
effectively manage and respond to future high-water events, and 
that a study is necessary to fully understand such 
opportunities. The Committee acknowledges that authorized 
comprehensive studies are eligible to compete for additional 
funding provided in the account. The Committee expects any 
studies, updates, and changes to be made with the appropriate 
public involvement.
    Mississippi River Commission.--No funding is provided for 
this new line item. The Corps is directed to continue funding 
the costs of the commission from within the funds provided for 
activities within the Mississippi River and Tributaries 
project.
    Old River Control Structure, Louisiana.--The Corps is 
reminded that studies intended to yield recommendations to 
optimize the operations of riverine control structures, 
including section 1224 of the America's Water Infrastructure 
Act of 2018 (Public Law 115-270), are eligible to compete for 
additional funding provided in this account.

                       OPERATION AND MAINTENANCE

 
 
 
Appropriation, 2020...................................    $3,790,000,000
Budget estimate, 2021.................................     1,996,499,000
Recommended, 2021.....................................     3,838,000,000
Comparison:
    Appropriation, 2020...............................       +48,000,000
    Budget estimate, 2021.............................    +1,841,501,000
 

    This appropriation funds operation, maintenance, and 
related activities at water resource projects the Corps 
operates and maintains. Work to be accomplished consists of 
dredging, repair, and operation of structures and other 
facilities as authorized in various River and Harbor, Flood 
Control, and Water Resources Development Acts. Related 
activities include aquatic plant control, monitoring of 
completed projects, removal of sunken vessels, and the 
collection of domestic, waterborne commerce statistics. 
Portions of this account are financed through the Harbor 
Maintenance Trust Fund.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    Additional Funding for Ongoing Work.--When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to the following:
           ability to complete ongoing work maintaining 
        authorized depths and widths of harbors and shipping 
        channels, including where contaminated sediments are 
        present;
           ability to address critical maintenance 
        backlog;
           presence of the U.S. Coast Guard;
           extent to which the work will enhance 
        national, regional, or local economic development, 
        including domestic manufacturing capacity;
           extent to which the work will promote job 
        growth or international competitiveness;
           number of jobs created directly by the 
        funded activity;
           ability to obligate the funds allocated 
        within the fiscal year;
           ability to complete the project, separable 
        element, project phase, or useful increment of work 
        within the funds allocated;
           ability to address hazardous barriers to 
        navigation due to shallow channels;
           dredging projects that would provide 
        supplementary benefits to tributaries and waterways in 
        close proximity to ongoing island replenishment 
        projects;
           risk of imminent failure or closure of the 
        facility;
           improvements to federal breakwaters and 
        jetties where additional work will improve the safety 
        of navigation and stabilize infrastructure to prevent 
        continued deterioration; and
           for harbor maintenance activities,
                   total tonnage handled;
                   total exports;
                   total imports;
                   dollar value of cargo handled;
                   energy infrastructure and 
                national security needs served;
                   designation as strategic 
                seaports;
                   maintenance of dredge disposal 
                facilities;
                   lack of alternative means of 
                freight movement; and
                   savings over alternative means 
                of freight movement.
    Additional funding provided for donor and energy transfer 
ports shall be allocated in accordance with 33 U.S.C. 2238c. 
The Corps is encouraged to include funding for this program in 
future budget submissions.
    Aquatic Nuisance Research Program.--The recommendation 
provides $3,000,000 to supplement activities related to harmful 
algal blooms and directs the Corps to target freshwater 
ecosystems. The recommendation also provides $3,000,000 to 
supplement activities related to harmful algal blooms, and the 
Committee directs the Corps to work collaboratively with 
appropriate university partners to address harmful algal blooms 
formation, detection, and remediation to enhance protection of 
vital U.S. water resources. The Committee is aware of the need 
to develop next generation ecological models to maintain inland 
and intracoastal waterways and provides $7,325,000 for this 
purpose. Within additional funds provided, the Corps is 
encouraged to support research that will identify and develop 
improved strategies for early detection, prevention, and 
management techniques and procedures to reduce the occurrence 
and impacts of harmful algal blooms in the nation's water 
resources. The Corps shall submit to the Committee not later 
than 60 days after enactment of this Act a report on these 
activities.
    The Committee encourages the Corps to facilitate 
collaboration with university partners to assess the impacts of 
environmental triggers in riverine ecosystems to advance 
prediction, avoidance, and remediation efforts for harmful 
algal blooms.
    Asian Carp Dispersal Barrier.--The Committee notes the 
Asian Carp dispersal barrier at Des Plaines River is a key 
control mechanism for protecting the Great Lakes from the 
invasive bighead Asian carp. Over the last decade, the Corps 
has invested significant resources in building a permanent 
electric barrier on the Chicago Area Waterways System. However, 
in the fiscal year 2020 work plan, funding was not included for 
the final phase of the project, and the Corps was unable to 
complete the remaining testing required to bring the barrier 
online. The Committee notes that ample additional funds have 
been provided in this account, for which this project can 
compete. The dispersal barrier is of great importance to the 
Great Lakes fishery and proceeding through the next phase of 
construction is a national priority.
    Asset Management/Facilities Equipment Maintenance 
Program.--The recommendation provides $2,000,000 above the 
request for research on novel approaches to repair and 
maintenance practices that will increase civil infrastructure 
intelligence and resilience.
    Additionally, the Committee notes that current Corps 
maintenance and repair programs are focused on existing 
requirements, resulting in near-term solutions where 
advancements are typically incremental rather than radical in 
nature. Additional funding is included to develop new 
approaches in materials research, mechanical engineering, 
manufacturing that leverages integrated advances in novel 
computational materials engineering, atomic-scale materials 
physics, data science, and additive manufacturing to transform 
the maintenance and repair process, including the ability to 
remotely rehabilitate infrastructure.
    Central Louisiana Ecosystem Protection and Restoration Task 
Force.--The Corps is encouraged to establish the Task Force 
authorized by section 7004 of the Water Resources Development 
Act of 2007 to improve coordination of ecosystem restoration in 
the Louisiana Coastal Area.
    Coastal Inlets Research Program.--The Corps is encouraged 
to work collaboratively with university partners to develop 
coastal processes forecasting models and decision support tools 
and to enhance evaluation and engineering guidance for nature-
based infrastructure solutions to mitigate risk to critical 
infrastructure from coastal inundation.
    Contaminated Sediment.--Section 312 of the Water Resources 
Development Act of 1990 provides for the removal of 
contaminated sediment for purpose of environmental enhancement 
and water quality improvement. The Committee is aware that the 
Corps has been constrained in its use of section 312 due to 
liability concerns when dredging contaminated sediment but also 
notes that in some instances, such as the Cano Martin Pena 
project in Puerto Rico, the Corps has entered into such 
agreements with success. As such, the Committee directs the 
Corps, when necessary to exercise its section 312 authority, to 
enter into agreements with states and localities whereby those 
states and localities shall assume any liability concerns. 
Should the Corps decide not to enter into such an agreement at 
the request of the non-federal sponsor, the Corps is directed 
to provide to the Committee not later than 45 days after its 
decision an analysis of the decision and legislative 
recommendations on how to provide the Corps with adequate 
liability protections in such situations.
    Chicago District Realignment.--The Committee is aware of 
the realignment of the boundaries of the Chicago District and 
recognizes that the realignment is consistent with, and 
reinforces, the Corps' business model of following major 
watersheds. The Committee understands the importance of 
balancing workloads across different districts to achieve 
efficiencies of scale. The Committee also understands that the 
Corps will continue the maximum use of the Inland Navigation 
Design Center in the Rock Island District for the Illinois 
Waterway and other inland waterway systems. The Committee notes 
that the Corps communicated with Congress and stakeholders 
prior to realignment yet also acknowledges that further 
stakeholder engagement may be necessary.
    Dredging Operations and Environmental Research (DOER) 
Program.--The recommendation provides $5,000,000 above the 
request to support ongoing research and advance work with 
university partners to develop standards, design guidance, and 
testing protocols to improve and standardize nature-based and 
hybrid infrastructure solutions.
    The Engineering With Nature initiative enables more 
sustainable delivery of economic, social, and environmental 
benefits associated with water resources infrastructure and 
involves the intentional alignment of natural and engineering 
processes to efficiently and sustainably deliver economic, 
environmental, and social benefits through collaborative 
processes. The Committee supports this initiative and 
appreciates that the budget request includes funding for these 
activities.
    Dredging Operations Technical Support Program.--The 
Committee directs the Corps to investigate the presence, 
geochemistry, and potential recovery of rare earth elements in 
dredged materials and to provide to the Committee not later 
than 90 days after enactment of this Act a briefing detailing 
how this research can benefit the Corps' navigation mission.
    Additional funding is included for the further development 
of the INAV platform related to the operation and maintenance 
of the U.S. Marine Transportation System.
    Emerging Harbor Projects.--The recommendation includes 
funding for individual projects defined as emerging harbor 
projects (in section 210(f)(2) of the Water Resources 
Development Act (WRDA) of 1986) that exceeds the funding levels 
envisioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of WRDA 
1986.
    Federal Breakwaters and Jetties.--Within available funds, 
the Corps is directed to continue to assess the inventory of 
the structural condition of federal breakwaters and jetties 
protecting harbors and inland harbors. The Corps shall provide 
to the Committee not later than 90 days after enactment of this 
Act a report on the status of the inventory that summarizes the 
available data.
    Great Lakes Navigation System.--The recommendation includes 
funding for individual projects within this System that exceeds 
the funding level envisioned in section 210(d)(1)(B)(ii) of 
WRDA 1986.
    Harmful Algal Bloom and Hypoxia Research and Control Act.--
When Congress passed the Harmful Algal Bloom and Hypoxia 
Research and Control Act (HABARCA), it created a task force 
intended to coordinate the federal response to harmful algal 
bloom activities. The Corps possesses key research, management, 
and control capabilities in assisting the fight against harmful 
algal blooms. The Corps shall provide to the Committee not 
later than 120 days after enactment of this Act a briefing 
identifying how it is using its expertise to target a strategic 
response to the harmful algal blooms in various parts of the 
nation, including its role in the interagency HABARCA Task 
Force. The Corps is encouraged to continue high level 
participation in the HABARCA Task Force.
    Hamilton Wetlands, California.--The Committee understands 
the non-federal sponsor for the Hamilton Wetlands Restoration 
Project is working with the Corps to amend the Project 
Cooperation Agreement to include the authorized Bel Marin Keys 
project as a portion of the overall project. The Corps is 
encouraged to work with the non-federal sponsor to develop and 
execute an agreement that keeps the total project cost within 
the authorized amount in a timely manner.
    Lake Levels in the Great Lakes.--The Committee is concerned 
by the high water levels on the Great Lakes and the increased 
impacts that storm events have had on many Corps structures in 
and around the Great Lakes region. The Committee acknowledges 
that the Corps continuously assesses the condition of 
structures. The Corps is reminded that it has authority to 
perform work on these structures and to adjust the height of 
the structures as necessary to provide the protection intended 
in the original authorizations.
    Lake Okeechobee.--In accordance with section 1106 of the 
America's Water Infrastructure Act of 2018 (Public Law 115-
270), the Corps is currently updating the Lake Okeechobee 
System Operating Manual to take into consideration the upcoming 
completion of the Herbert Hoover Dike and related Everglades 
restoration projects. As the Corps continues the public scoping 
process and initial formulation, the Corps is encouraged to use 
the best available science and appropriately weigh the concerns 
of all water users to ensure the ecosystem is preserved, water 
supply for the eight million residents in South Florida is 
maintained, and the safety of all residents of the region is 
upheld.
    Levee Safety.--The Committee notes that the Corps has 
authorization to carry out certain levee safety initiatives 
that are funded within two remaining items, the National 
(Levee) Flood Inventory and Inspection of Completed Federal 
Flood Control Projects. The recommendation funds the National 
Levee Flood Inventory remaining item at the capability amount, 
and the Committee notes that in fiscal year 2021, all 
activities associated with the National Levee Safety Program 
will be funded from this remaining item. Additional funding 
provided for the Inspection of Completed Federal Flood Control 
Projects remaining item shall be used for the assessment of 
high risk federally authorized levees. The Corps shall provide 
to the Committee not later than 90 days after enactment of this 
Act a briefing on its efforts to implement these initiatives.
    Mississippi River Basin Coordination.--The Committee 
recognizes that the Mississippi River basin from Minnesota to 
Louisiana is a vital American waterway. Therefore, the 
Committee urges the Corps to participate in and coordinate as 
an essential federal stakeholder with the Environmental 
Protection Agency on developing a Mississippi River restoration 
and resiliency strategy focused on improving water quality, 
restoring habitat and natural systems, improving navigation, 
eliminating aquatic invasive species, and building local 
resilience to natural disasters.
    Monitoring of Completed Navigation Projects, Structural 
Health Monitoring.--Additional funding is provided to support 
the structural health monitoring program to facilitate research 
to maximize operations, enhance efficiency, and protect asset 
life through catastrophic failure mitigation.
    Mount St. Helens Sediment Monitoring.--The Committee notes 
that Mount St. Helens Sediment Monitoring activities have not 
been funded in the Corps work plan for the sixth consecutive 
year. Yearly monitoring is vital to ensure that the sediment 
retention structure can properly protect the communities in 
Cowlitz County, Washington. The Committee is aware that the 
lack of federal funding has led to local communities funding 
sediment monitoring and encourages the Corps to include 
appropriate funding in future budget submissions for this 
effort.
    Multimodal Utilization of Marine Transportation.--The 
Committee notes that aging infrastructure poses enormous 
challenges to the Corps mission and believes that advances in 
navigation optimization modeling tools to integrate rail and 
road modes of transit with the marine transportation system is 
critical in meeting increased demand. The Committee supports 
the Corps' efforts to improve the performance, efficiency, and 
resilience of the nation's navigation and flood risk management 
system and encourages the Corps to develop innovative system 
optimization technologies for reliable water resources 
infrastructure.
    Okatibbee Lake, Mississippi.--The Committee is aware of 
significant shoreline sloughing and erosion at this project 
caused by severe storms and the resulting changing water 
levels, which have the potential to impact infrastructure, 
damage property, and put lives at risk. The Corps is reminded 
that addressing shoreline sloughing and erosion at a Corps 
project, including at locations leased by non-federal entities, 
is an activity eligible to compete for additional funding 
provided in this account.
    Operation and Maintenance of Corps Dams.--The Corps' 
operation of dams provides an affordable source of 
hydroelectric power to communities across the nation and 
supports wildlife habitat, as well as recreational activities 
on and off the water for boaters, fisherman, swimmers, and 
others. These dams also promote commercial and economic 
activity by connecting communities up and down the waterways. 
It is vital that these dams are maintained to ensure the 
recreational and economic sustainability of local communities. 
The fiscal year 2020 Act directed the Corps to provide a report 
on the dredging and maintenance needs of the Walter F. George, 
George Andrews, and Jim Woodruff locks and dams. The Committee 
is still awaiting this report and expects to receive it in a 
timely manner.
    Performance Based Budgeting Support Program.--Of the 
funding provided for this remaining item, $2,000,000 shall be 
to support performance based methods that enable robust 
budgeting of the hydropower program through better 
understanding of operation and maintenance impacts leveraging 
data analytics.
    Recreation Benefits.--The Committee recognizes that outdoor 
recreation is a fast growing sector in the U.S. economy and 
encourages the Corps, in coordination with the Office of 
Management and Budget, to account for recreation-based benefits 
and costs, including local and regional economic benefits, in 
the benefit-cost analysis procedures for harbor maintenance, 
intracoastal waterways, and inland waterways projects. Further, 
the Corps is directed to submit to the Committee not later than 
two years after enactment of this Act a report containing an 
examination of recreation-based benefits and costs that could 
be included in benefit-cost calculations, including, at a 
minimum, local and regional economic benefits and economic 
benefits for a non-commercial harbor that is used for 
recreational purposes. The report shall also include 
recommendations for uniform recreation-based economic benefit 
calculations to improve the comprehensive benefit-cost analysis 
procedures used for harbor maintenance, intracoastal waterways, 
and inland waterways projects.
    Recreation Task Force.--The Corps is one of the largest 
federal providers of outdoor recreation with over 270 million 
visits per year. The Corps is directed to create a Recreation 
Task Force to develop a plan to maintain and enhance public 
recreational opportunities at Corps projects. Not later than 
one year after enactment of this Act, the Recreation Task Force 
shall provide an initial report to the Committee with a 
historical review of recreation use and funding within the 
Corps and an assessment of the overall condition of the Corps 
recreation assets, including deferred maintenance and repair 
backlogs. Not later than two years after enactment of this Act, 
the Corps shall provide the Committee with a final report 
including proposals to address the needs identified by the Task 
Force. The Corps is encouraged to solicit input and 
participation from outdoor recreation stakeholders and the 
public.
    Regional Dredge Contracting.--In accordance with section 
1111 of the America's Water Infrastructure Act of 2018 (Public 
Law 115--270), the Corps is encouraged to enter into regional 
contracts to support increased efficiencies in the deployment 
of dredges for all Civil Works mission sets, prioritizing deep 
draft navigational projects.
    Regional Sediment Management.--The recommendation includes 
$2,000,000 above the request to support cooperative efforts 
between the Corps and academia to address compound flooding 
issues. The Corps is encouraged to develop enhanced forecasting 
capabilities to implement proactive strategies for flood risk 
management to enhance the resiliency of coastal communities and 
mitigate socioeconomic and environmental consequences of 
extreme coastal hazards.
    Response to Climate Change at Corps Projects.--The 
Committee recognizes the need to further incorporate 
assessments of climate-related risks and vulnerabilities in 
Corps activities and to explore and prioritize further 
mitigation opportunities. The recommendation includes 
$5,000,000 to position water resources projects to be managed 
as systems due to the implications of a changing climate.
    River Commissions.--The Congress has made clear its intent 
that the Susquehanna, Delaware and Potomac River Basin 
Commissions be supported, and the Corps is encouraged to budget 
accordingly in future budget submissions.
    Seven Oaks Dam, California.--The Committee is aware that 
non-federal entities are working with the Corps in an effort to 
operate the Seven Oaks Dam, California, in a manner that would 
allow water agencies along the Santa Ana River to capture water 
released from the dam and recharge it into the groundwater 
basin. The Committee encourages the Corps to work with non-
federal entities to coordinate releases of water behind the dam 
in a manner that protects water quality, ensures that it can be 
diverted for water supply purposes, and provides advance notice 
to ensure habitat conservation efforts are protected.
    Shoreline Management Policy.--The Committee is aware of 
concerns regarding the new shoreline management policy for 
Corps reservoirs within the South Atlantic Division. The Corps 
is encouraged to continue working with affected local 
communities and stakeholders to address those concerns, 
including the use of non-potable water from reservoirs.
    Sustainable Temporary Power.--The Committee is aware the 
Corps utilizes mobile diesel generators as a power source in 
the execution of its Civil Works and emergency response 
missions. The Committee encourages the Corps to explore the use 
of hybrid solar, battery, and diesel technology in its use of 
mobile generators for these purposes. The Corps is directed to 
brief the Committee not later than 180 days after enactment of 
this Act detailing its findings.
    Tampa Harbor, Florida.--The Committee recognizes the 
dramatic increase in global Post-Panamax vessels utilizing 
Tampa Harbor and the need to maintain the main federal channel 
at its authorized depth to accommodate these vessels. The Corps 
is reminded that Tampa Harbor is eligible to compete for 
additional funding provided in this account.
    Toledo and Lorain Harbors, Ohio.--Toledo Harbor and the 
channel at the mouth of western Lake Erie serves as a major 
thoroughfare to the Great Lakes navigation system, supporting 
manufacturing and commerce throughout the region. The Corps is 
reminded that the Toledo and Lorain Harbors are eligible to 
compete for additional funding provided in this account.
    Water Control Manuals.--The Corps received funding in 
fiscal year 2020 to develop a comprehensive list of water 
control manuals at Corps-owned projects located in states where 
a Reclamation project is also located, including a prioritized 
list of needed updates of those manuals. The Committee 
understands that the Corps is working to complete this list 
expeditiously. Within additional funds provided, the Corps may 
execute water control manual updates for projects identified on 
the list, including in regions impacted by atmospheric rivers 
and where improved forecasting can improve water operations. 
The Corps is directed to brief the Committee prior to executing 
any water control manual updates.
    Water Operations Technical Support (WOTS).--The 
recommendation includes $5,000,000 in addition to the budget 
request to continue research into atmospheric rivers first 
funded in fiscal year 2015. The Corps is encouraged to 
operationalize a Forecast-Informed Reservoir Operations 
compatible component of the Corps Water Management System to 
process ensemble and synthetic forecasts to ensure continuous 
implementation of improvements in forecast skill for water 
operations. Further, the recommendation includes $5,000,000 for 
research into natural infrastructure options focused on 
drought, flood-prone lands and post fire recovery areas in 
western landscapes. The Corps is encouraged to leverage 
academic partners, state and local agencies, and non-profit 
organizations in the southwestern United States in this effort.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $50,000,000 
to prevent, prepare for, and respond to coronavirus.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2020...................................      $210,000,000
Budget estimate, 2021.................................       200,000,000
Recommended, 2021.....................................       205,000,000
Comparison:
    Appropriation, 2020...............................        -5,000,000
    Budget estimate, 2021.............................        +5,000,000
 

    This appropriation provides funds to administer laws 
pertaining to the regulation of activities affecting U.S. 
waters, including wetlands, in accordance with the Rivers and 
Harbors Appropriation Act of 1899, the Clean Water Act, and the 
Marine Protection, Research, and Sanctuaries Act of 1972. 
Appropriated funds are used to review and process permit 
applications, ensure compliance on permitted sites, protect 
important aquatic resources, and support watershed planning 
efforts in sensitive environmental areas in cooperation with 
states and local communities.
    Additional Funding.--Additional funding is provided in this 
account. Using these additional funds the Corps shall ensure 
the timely processing of shellfish aquaculture permitting 
activities. The Corps is directed to brief the Committee 
quarterly on these efforts, beginning not later than 45 days 
after enactment of this Act.
    Compensatory Mitigation Rule.--The Committee is concerned 
that the Corps may not be consistent in its implementation of 
the 2008 Compensatory Mitigation Rule, based on the Corps' 
publicly available data. The Committee has heard concerns that 
particular districts have failed to adhere to the mitigation 
hierarchy in the Rule as it pertains to the preference for 
mitigation bank credits. The Corps is reminded that although 
the Rule provides some discretion, the Rule is clear that this 
discretion is limited and deviations from the mitigation 
hierarchy must be based on scientific and technical analysis. 
The Corps is directed to properly and consistently implement 
the Rule, including adherence to its mitigation hierarchy and 
documentation of decisions by the District Engineer regarding 
which mitigation mechanism is appropriate to offset impacts 
under the Rule and which sections of the Rule justify the 
particular decision. The Corps shall brief the Committee not 
later than one year after the enactment of this Act on steps 
taken to ensure proper and consistent application of the Rule 
across districts, consistent with the Committee's direction.
    Chehalis Basin.--The Committee is aware that flooding has 
long been a problem in the Chehalis Basin and encourages the 
Corps to continue to work in coordination with the non-federal 
sponsor on plans to reduce flooding in the basin. The Corps is 
directed to provide quarterly briefings to the Committee, with 
the first occurring not later than 90 days after enactment of 
this Act.
    Regional General Permits.--The Committee urges the Corps 
and the National Marine Fisheries Service to continue to 
evaluate appropriate mitigation options for Seattle District 
Regional General Permits that take into consideration 
improvements to existing structures.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2020...................................      $200,000,000
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................       210,000,000
Comparison:
    Appropriation, 2020...............................       +10,000,000
    Budget estimate, 2021.............................      +210,000,000
 

    This appropriation funds the cleanup of certain low-level 
radioactive materials and mixed wastes located at sites 
contaminated as a result of the nation's early efforts to 
develop atomic weapons.
    The Committee again rejects the budget request proposal to 
transfer the Formerly Utilized Sites Remedial Action Program 
(FUSRAP) to the Department of Energy. The Congress 
intentionally transferred FUSRAP from the Department to the 
Corps in fiscal year 1998. In appropriating FUSRAP funds to the 
Corps, the Committee transferred only the responsibility for 
administration and execution of cleanup activities at FUSRAP 
sites where the Department had not completed cleanup. The 
Committee did not transfer to the Corps ownership of and 
accountability for real property interests, which remain with 
the Department.
    The Committee remains pleased with the current cooperation 
between the Corps and the Department in carrying out the 
program and expects the Department to continue to provide its 
institutional knowledge and expertise to ensure the success of 
this program and to serve the nation and the affected 
communities. The Corps is directed to submit its fiscal year 
2022 budget request using this budget structure.
    The Committee continues to support the prioritization of 
sites, especially those that are nearing completion. Within the 
funds provided in accordance with the budget request, the Corps 
is directed to complete the Remedial Investigation/Feasibility 
Study of former Sylvania nuclear fuel site at Hicksville, New 
York, and, as appropriate, to proceed expeditiously to a Record 
of Decision and initiation of any necessary remediation in 
accordance with the Comprehensive Environmental Response, 
Compensation, and Liability (CERCLA).

                 FLOOD CONTROL AND COASTAL EMERGENCIES

 
 
 
Appropriation, 2020...................................       $35,000,000
Budget estimate, 2021.................................        77,000,000
Recommended, 2021.....................................        35,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       -42,000,000
 

    This appropriation funds planning, training, and other 
measures that ensure the readiness of the Corps to respond to 
floods, hurricanes, and other natural disasters, and to support 
emergency operations in response to such natural disasters, 
including advance measures, flood fighting, emergency 
operations, the provision of potable water on an emergency 
basis, and the repair of certain flood and storm damage 
reduction projects.
    As the nation experiences severe weather events more 
frequently, the Committee appreciates the work the Corps 
undertakes with this funding. The Committee notes that 
traditionally funding for disaster response has been provided 
in supplemental appropriations legislation, including recently 
in 2018 (Public Law 115-123) and 2019 (Public Law 116-20) and 
that amounts necessary to address damages at Corps projects in 
response to natural disasters can be significant. The 
Administration is reminded that it has been deficient in 
providing to the Committee statutorily-required detailed 
estimates of damages to Corps projects.
    Impacts of Major Flooding on Small and Rural Communities.--
The Committee recognizes that in 2019, the Midwest experienced 
severe flooding that resulted in billions of dollars in 
economic damage to businesses, farms, homes, and infrastructure 
and that floods are again projected for 2020. The Committee 
notes that many small and rural communities face unique 
challenges when addressing floods as compared to urban areas. 
The Committee encourages the Corps to work closely with the 
Federal Emergency Management Agency, Department of Agriculture, 
and Small Business Administration to aid small and rural 
communities affected by flooding. The Corps shall provide to 
the Committee not later than 90 days after enactment of this 
Act a report on its areas of collaboration with these agencies 
and others, if applicable, to assist small and rural 
communities in the Midwest, with a particular focus on 
activities immediately prior to, during, and after a natural 
disaster.
    Review of Levee Rehabilitation and Inspection Program.--
Recent flood events across our country, such as the March 2019 
Missouri River basin floods, demonstrate the importance of 
efficient Corps disaster response efforts. Currently, local 
sponsors, including national resources districts, may face 
legal constraints when making repairs to flood-related 
infrastructure covered under the Public Law 84-99 
Rehabilitation and Inspection Program. In some instances, 
however, temporary repairs done in a matter of days by local 
sponsors may have prevented further damages from occurring, and 
local sponsors may be able to make certain repairs for less 
cost than the federal government. Therefore, the Committee 
directs the Corps to review its policies on coordinating with 
and delegating to state and local partners to conduct repairs 
to Corps technical and legal standards. This review shall 
include an assessment of allowing operations, repairs, and 
other activities, as approved by Corps District Engineers, to 
be undertaken by non-federal sponsors of both federally and 
non-federally constructed, locally maintained systems already 
in the Public Law 84-99 program. The Corps shall provide to the 
Committee not later than 90 days after enactment of this Act a 
briefing of its findings.

                                EXPENSES

 
 
 
Appropriation, 2020...................................      $203,000,000
Budget estimate, 2021.................................       187,000,000
Recommended, 2021.....................................       200,000,000
Comparison:
    Appropriation, 2020...............................        -3,000,000
    Budget estimate, 2021.............................       +13,000,000
 

    This appropriation funds the executive direction and 
management of the Office of the Chief of Engineers, the 
Division Offices, and certain research and statistical 
functions of the Corps.
    Alternative Financing.--The Committee remains supportive of 
public-private partnerships (P3) and is supportive of the 
alternative financing mechanisms authorized in the Water 
Infrastructure Financing and Innovation Act (WIFIA). However, 
the Committee remains concerned with WIFIA scoring challenges, 
and the Corps is directed to brief the Committee not later than 
90 days after enactment of this Act on this issue. 
Additionally, the Corps is reminded of the Committee's long-
standing concerns that federal funding decisions not be biased 
by non-federal decisions to construct projects in advance of 
federal funding or to provide funding in excess of legally 
required cost shares.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $20,000,000 
to prevent, prepare for, and respond to coronavirus.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2020...................................        $5,000,000
Budget estimate, 2021.................................         5,000,000
Recommended, 2021.....................................         5,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    The Assistant Secretary of the Army for Civil Works 
oversees the Civil Works budget and policy, whereas the Corps' 
executive direction and management of the Civil Works program 
are funded from the Expenses account.
    The recommendation includes legislative language 
restricting the availability of 75 percent of the funding 
provided in this account until such time as at least 95 percent 
of the additional funding provided in each account has been 
allocated to specific programs, projects, or activities. This 
restriction shall not affect the roles and responsibilities 
established in previous fiscal years of the Office of the 
Assistant Secretary of the Army for Civil Works, the Corps 
headquarters, the Corps field operating agencies, or any other 
executive branch agency.
    The Committee counts on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. The requesting and receiving of 
basic, factual information, such as budget justification 
materials and statutorily required reports including execution 
reports and damage repair estimates, is vital in order to 
maintain a transparent and open governing process. The 
Committee recognizes that some discussions internal to the 
executive branch are pre-decisional in nature and, therefore, 
not subject to disclosure. However, the access to facts, 
figures, and statistics that inform these decisions are not 
subject to this same sensitivity and are critical to the budget 
process. The Administration shall ensure timely and complete 
responses to these inquiries.
    Further, the Administration is reminded that it has been 
seriously deficient in providing to the Committee statutorily-
required reports, including detailed estimates of damages to 
Corps projects and reports on the allocation and obligation of 
supplemental appropriations.
    Administrative Costs.--To support additional transparency 
in project costs, the Secretary is directed to ensure that 
future budget submissions specify the amount of anticipated 
administrative costs for individual projects.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL


                     (INCLUDING TRANSFER OF FUNDS)

    The bill continues a provision that prohibits the 
obligation or expenditure of funds through a reprogramming of 
funds in this title except in certain circumstances.
    The bill continues a provision prohibiting the use of funds 
in this Act to carry out any contract that commits funds beyond 
the amounts appropriated for that program, project, or 
activity.
    The bill continues a provision authorizing the transfer of 
funds to the Fish and Wildlife Service to mitigate for 
fisheries lost due to Corps of Engineers projects.
    The bill includes a provision regarding certain dredged 
material disposal activities. The Committee is aware of certain 
issues regarding placement of dredge material. The Corps is 
directed to brief the Committee not later than 90 days after 
enactment of this Act on these activities.
    The bill includes a provision regarding reallocations at a 
project.
    The bill includes a provision prohibiting the use of funds 
in this Act to reorganize or transfer the Civil Works functions 
of the Corps.
    The bill includes a provision regarding eligibility for 
additional funding. Whether a project is eligible for funding 
under a particular provision of additional funding is a 
function of the technical details of the project; it is not a 
policy decision. The Chief of Engineers is the federal 
government's technical expert responsible for execution of the 
civil works program and for offering professional advice on its 
development. Therefore, the provision clarifies that a 
project's eligibility for additional funding shall be solely 
the professional determination of the Chief of Engineers.
    The bill includes a provision prohibiting the use of funds 
in this Act for certain activities.
    The bill includes a provision prohibiting the use of funds 
in this Act to issue certain section 404 permits.
    The bill includes a provision addressing new starts.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2020...................................       $20,000,000
Budget estimate, 2021.................................        10,000,000
Recommended, 2021.....................................        20,000,000
Comparison:
Appropriation, 2020...................................             - - -
Budget estimate, 2021.................................       +10,000,000
 

    The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of Public Law 102-575) provides for the completion of the 
Central Utah Project by the Central Utah Water Conservancy 
District. CUPCA also authorizes the appropriation of funds for 
fish, wildlife, and recreation mitigation and conservation; 
establishes an account in the Treasury for the deposit of these 
funds and of other contributions for mitigation and 
conservation activities; and establishes a Utah Reclamation 
Mitigation and Conservation Commission to administer funds in 
that account. CUPCA further assigns responsibilities for 
carrying out that Act to the Secretary of the Interior and 
prohibits delegation of those responsibilities to the Bureau of 
Reclamation.
    The Committee recommendation includes a total of 
$20,000,000 for the Central Utah Project Completion Account, 
which includes $16,700,000 for Central Utah Project 
construction, $1,800,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,500,000 for necessary expenses of the Secretary of the 
Interior.

                         Bureau of Reclamation


                              INTRODUCTION

    The mission of the Bureau of Reclamation (Reclamation) is 
to manage, develop, and protect water and related resources in 
an environmentally and economically sound manner in the 
interest of the American public. Since its establishment by the 
Reclamation Act of 1902, Reclamation has developed water supply 
facilities that have contributed to sustained economic growth 
and an enhanced quality of life in the western states. Lands 
and communities served by Reclamation projects have been 
developed to meet agricultural, tribal, urban, and industrial 
needs. Reclamation continues to develop authorized facilities 
to store and convey new water supplies and is the largest 
supplier and manager of water in the 17 western states and does 
so in response to a changing climate that strains the very 
resources that Reclamation is charged with managing, 
developing, and protecting. Reclamation maintains 338 
reservoirs with the capacity to store 245 million acre-feet of 
water.
    As Reclamation's facilities reach their design life, the 
projected cost of operating, maintaining, and rehabilitating 
this infrastructure continues to grow, yet Reclamation has not 
budgeted funding sufficient to implement a comprehensive 
program to reduce its maintenance backlog. At the same time, 
Reclamation is increasingly relied upon to provide water supply 
to federally-recognized Indian Tribes through water 
settlements, rural communities through its Title I Rural Water 
Program, and municipalities through its Title XVI Water 
Reclamation and Reuse Program. Balancing these competing 
priorities will be challenging and requires active 
participation and leadership on the part of Reclamation and its 
technical staff.
    The budget request includes $21,400,000 for Colorado River 
compliance activities in the fiscal year 2021 Congressional 
tables for Water and Related Resources. Instead, the 
recommendation funds these activities by a transfer from the 
Western Area Power Administration included in section 306 of 
this Act.

                        COMMITTEE RECOMMENDATION

    The budget request for the Bureau of Reclamation totals 
$1,127,875,000. The Committee recommendation totals 
$1,635,875,000, which is $24,125,000 below fiscal year 2020 and 
$508,000,000 above the budget request.
    A table summarizing the fiscal year 2020 enacted 
appropriation, the fiscal year 2021 budget request, and the 
Committee recommendation is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2020 enacted     FY 2021 request        Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources.........................          $1,512,151            $979,000          $1,487,000
Central Valley Project Restoration Fund.............              54,849              55,875              55,875
California Bay-Delta Restoration....................              33,000              33,000              33,000
Policy and Administration...........................              60,000              60,000              60,000
                                                     -----------------------------------------------------------
    Total, Bureau of Reclamation....................           1,660,000           1,127,875           1,635,875
----------------------------------------------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2020...................................   $1,512,151, 000
Budget estimate, 2021.................................       979,000,000
Recommended, 2021.....................................     1,487,000,000
Comparison:
    Appropriation, 2020...............................       -25,151,000
    Budget estimate, 2021.............................      +508,000,000
 

    The Water and Related Resources account supports the 
development, construction, management, and restoration of water 
and related natural resources in the 17 western states. The 
account includes funds for operating and maintaining existing 
facilities to obtain the greatest overall levels of benefits, 
to protect public safety, and to conduct studies on ways to 
improve the use of water and related natural resources.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    Additional Funding for Water and Related Resources Work.--
The recommendation includes funds in addition to the budget 
request for Water and Related Resources studies, projects, and 
activities. Priority in allocating these funds should be given 
to advance and complete ongoing work, including preconstruction 
activities and where environmental compliance has been 
completed; improve water supply reliability; improve water 
deliveries; enhance national, regional, or local economic 
development; promote job growth; advance tribal and nontribal 
water settlement studies and activities; or address critical 
backlog maintenance and rehabilitation activities. Funding 
provided under the heading, ``Additional Funding for Ongoing 
Work'' may be utilized for ongoing work, including 
preconstruction activities, on projects which provide new or 
existing water supplies through additional infrastructure.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery'', $79,000,000 shall be for 
water storage projects as authorized in section 4007 of Public 
Law 114-322.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery,'' not less than $25,000,000 
shall be for construction activities that are ready to be 
initiated for the repair of critical Reclamation canals where 
operational conveyance capacity has been seriously impaired by 
factors such as age or land subsidence, especially those that 
would imminently jeopardize Reclamation's ability to meet water 
delivery obligations.
    Of the additional funds provided under ``Water Conservation 
and Delivery'', $15,000,000 shall be to continue ongoing 
groundwater treatment and remediation activities and to match 
non-federal funds expended for similar groundwater treatment 
and remediation activities.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery'', $40,000,000 shall be for 
water conservation or infrastructure projects related to the 
implementation of the agreements authorized by the Colorado 
River Drought Contingency Plan Authorization Act of 2019 
(Public Law 116-14) within states that are parties to those 
agreements, with priority to infrastructure activities for 
canal system improvements, reclaimed water reuse facilities, 
new irrigation wells, and replacement irrigation wells or other 
measures, programs, and projects that result in conservation of 
other surface water or groundwater. Reclamation is directed to 
brief the Committee not later than 180 days after enactment of 
this Act on the status of carrying out these activities.
    Not later than 45 days after enactment of this Act, 
Reclamation shall provide to the Committee a report delineating 
how the additional funds in this account are to be distributed, 
in which phase the work is to be accomplished, and an 
explanation of the criteria and rankings used to justify each 
allocation.
    Reclamation is reminded that activities authorized under 
Indian Water Rights Settlements and under section 206 of Public 
Law 113-235 are eligible to compete for the additional funding 
provided under ``Water Conservation and Delivery.''
    Reclamation is further reminded that feasibility studies 
and projects within the Central Valley Project Restoration 
fund, including those capable of improving water security from 
drought and natural disasters, are eligible to compete for 
additional funding provided in this account.
    Airborne Snow Observatory Program.--The Committee notes 
that Reclamation has historically provided support for snowpack 
surveys through the Airborne Snow Observatory (ASO) program. 
The Committee encourages Reclamation's continued support of 
this important program.
    Anadromous Fish Screen Program.--The Committee is concerned 
that insufficient resources are being devoted to completing 
work on the last two remaining priority unscreened diversions 
on the Sacramento River, both of which have been specifically 
identified as priorities in the California Natural Resources 
Agency Sacramento Valley Salmon Resiliency Strategy. 
Reclamation is reminded that these diversions are eligible to 
compete for the additional funding provided in this account. 
Additionally, the Committee encourages Reclamation to maintain 
its focus on screening high priority diversions in the San 
Joaquin River Basin.
    Lower Colorado River Operations Program.--The Lower 
Colorado River Operations Program supports water efficiency 
activities and conservation efforts in partnership with non-
federal water users, including Minute 323 implementation and 
monitoring. Reclamation is reminded that activities within this 
program are eligible to compete for additional funds provided 
under ``Water Conservation and Delivery.''
    Snow Monitoring.--The Committee notes that water deficits 
and droughts are expected to continue to occur and encourages 
Reclamation to ensure continued coordination with other state 
and federal agencies to utilize snow monitoring tools in a 
manner that ensures proper data collection, analysis, and 
processing associated with real-time measurement of snowpack 
across watersheds. Reclamation is encouraged to use the best 
available technology and innovative techniques for the purposes 
of forecasting timing, duration, and quantities of snow-fed 
water supplies to provide accurate information on water supply 
levels in the 17 western states. Reclamation is reminded that 
these activities are eligible to compete for the additional 
funding provided under ``Water Conservation and Delivery.''
    Tualatin Project, Scoggins Dam, Oregon.--The Committee 
supports the budget request for preconstruction activities at 
Scoggins Dam under the Safety of Dams program. Safety is the 
paramount consideration regarding this project. The Committee 
is encouraged that Reclamation has been using its authority 
provided by Public Law 114-113 to work with non-federal joint 
project partners to evaluate alternatives, including new or 
supplementary works to address both dam safety modifications 
and increased storage capacity. Considering the high risk 
associated with Scoggins Dam, the Committee urges Reclamation 
to work with local stakeholders and repayment contractors on 
this joint project and continue to review measures to protect 
public safety, water security, and the economic health of the 
region. In addition, the Committee directs Reclamation to 
expeditiously finalize the Joint Project Contributed Funds Act 
agreement and cost-share agreements in order to fully account 
for investments by the non-federal joint project partner, prior 
to the Notice of Intent.
    Western Water.--The Committee remains concerned about water 
shortages and drought in the west. The Committee supports 
continued investment in surface storage, desalination and water 
purification projects, and the Title XVI program and 
opportunities to store, reuse, and conserve water in drought-
prone regions.
    White Mountain Apache Rural Water System Project.--
Reclamation is directed to continue to work with the White 
Mountain Apache Tribe on the White Mountain Apache Rural Water 
System project, and is reminded that this project is eligible 
to compete for the additional funding provided in ``Water 
Conservation and Delivery.''
    Mni Wiconi Project, South Dakota.--Reclamation is directed 
to continue working with the tribes and relevant federal 
agencies, such as the Department of Agriculture, the 
Environmental Protection Agency, the Bureau of Indian Affairs, 
the Indian Health Service, and the Department of Housing and 
Urban Development, to coordinate use of all existing 
authorities and funding sources to finish needed community 
system upgrades and connections, as well as transfers of those 
systems, as quickly as possible.
    Yakima River Basin Water Enhancement Project Integrated 
Plan, Washington.--The Committee notes that the Yakima Basin 
Integrated Plan, developed to address water storage, water 
supply, and fishery and ecosystem restoration needs for 
agriculture, fish, and municipalities within the Yakima River 
Basin in Central Washington, was authorized by Public Law 116-
9. The Committee is supportive of the Plan and reminds 
Reclamation that activities within this program are eligible to 
compete for additional funds provided in this account.
    Salton Sea Restoration.--The Committee supports the 
Memorandum of Understanding signed between the Department of 
the Interior and the California Natural Resources Agency to 
support management activities at the Salton Sea. Additionally, 
the Committee is concerned by the public health, environmental, 
agricultural, and natural resource impacts at the Salton Sea. 
The Committee encourages Reclamation to partner with federal, 
state, and local agencies and coordinate use of all existing 
authorities to support the State of California's Salton Sea 
Management Program. Reclamation is reminded that these 
activities are eligible to compete for additional funds 
provided in this account.
    Salton Sea Research Program.--Reclamation is reminded that 
activities and projects associated with habitat improvement, 
water quality, and system development, projects with a public 
health benefit that will benefit economically disadvantaged 
communities, and projects that take a multi-agency approach are 
eligible to compete for additional funds provided in this act.
    San Carlos Apache Tribe.--The Committee has heard concerns 
about the status of the San Carlos Apache Tribe's Central 
Arizona Project water delivery project and directs Reclamation 
to provide a briefing to the Committee not later than 90 days 
after enactment of this Act on the status of this project.
    San Joaquin River Restoration Program.--Permanent 
appropriations, newly available for the program in fiscal year 
2020, should not supplant continued annual appropriations, and 
the Committee encourages Reclamation to include adequate 
funding in future budget submissions.
    San Justo Reservoir, California.--The Committee recognizes 
the benefits of the San Justo Reservoir Mussel Eradication 
Project, and Reclamation is reminded that this project is 
eligible to compete for the additional funding provided in 
``Water Conservation and Delivery.''
    Research and Development: Desalination and Water 
Purification Program.--Of the funding provided for this 
program, $7,075,000 shall be for desalination projects as 
authorized in section 4009(a) of Public Law 114-322. 
Reclamation is encouraged give special consideration to 
drought-prone regions and in collaboration with possible 
partners in the Middle East, including Israel.
    WaterSMART Program: Title XVI Water Reclamation & Reuse 
Program.--Of the funding provided for this program, $11,791,000 
shall be for water recycling and reuse projects as authorized 
in section 4009(c) of Public Law 114-322.
    Water Management Improvement Grants.--The Committee directs 
Reclamation to ensure that all projects funded under 42 U.S.C. 
10364 comply with 42 U.S.C. 10364(a)(3)(B) and to articulate 
the use of the conserved water with all announcements of 
funding awards. To ensure that these projects achieve 
quantifiable water savings, the Committee directs Reclamation 
to provide not later than 180 days after enactment of this Act 
a report on how much water each grant awardee anticipated it 
would conserve in fiscal year 2020, how each grant awardee 
planned to use the conserved water in fiscal year 2020, and how 
each grant awardee ensured that conserved water did not 
increase its consumptive water use.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $12,500,000, 
of which $500,000 was transferred to the Central Utah Project 
Completion Account, to prevent, prepare for, and respond to 
coronavirus.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2020...................................       $54,849,000
Budget estimate, 2021.................................        55,875,000
Recommended, 2021.....................................        55,875,000
Comparison:
    Appropriation, 2020...............................        +1,026,000
    Budget estimate, 2021.............................             - - -
 

    This fund was established to carry out the provisions of 
the Central Valley Project Improvement Act and to provide 
funding for habitat restoration, improvement and acquisition, 
and other fish and wildlife restoration activities in the 
Central Valley area of California. Resources are derived from 
donations, revenues from voluntary water transfers and tiered 
water pricing, and Friant Division surcharges. The account also 
is financed through additional mitigation and restoration 
payments collected on an annual basis from project 
beneficiaries.
    Within available funds, the Committee provides funding for 
programs and activities according to the budget request. The 
Committee notes that the amount for this account in the budget 
request and recommendation is based on a three-year rolling 
average of collections, in accordance with the authorizing 
statute.
    Anadromous Fish Screen Program.--The Committee 
recommendation includes not less than $1,200,000 for the 
Anadromous Fish Screen Program, in accordance with the budget 
request. The Committee continues to be concerned with the 
disconnect between funding levels requested and ultimately 
allocated for the Anadromous Fish Screen Program. The Committee 
urges Reclamation to maintain its focus on screening the 
remaining high priority diversions from within funds made 
available under the Central Valley Project Restoration Fund.

                    CALIFORNIA BAY DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2020...................................       $33,000,000
Budget estimate, 2021.................................        33,000,000
Recommended, 2021.....................................        33,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    The California Bay-Delta Restoration account funds the 
federal share of water supply and reliability improvements, 
ecosystem improvements, and other activities being developed 
for the Sacramento-San Joaquin Delta and associated watersheds 
by a state and federal partnership (CALFED). Federal 
participation in this program was initially authorized in the 
California Bay-Delta Environmental and Water Security Act 
enacted in 1996.
    The Committee notes that this important program was 
previously funded at $35,000,000 and encourages the 
Administration to return to this level of funding in future 
budget requests.

                       POLICY AND ADMINISTRATION

 
 
 
Appropriation, 2020...................................       $60,000,000
Budget estimate, 2021.................................        60,000,000
Recommended, 2021.....................................        60,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    The Policy and Administration account provides for the 
executive direction and management of all Reclamation 
activities, as performed by the Commissioner's office in 
Washington, D.C.; the Technical Service Center in Denver, 
Colorado; and in six regional offices. The Denver and regional 
offices charge individual projects or activities for direct 
beneficial services and related administrative and technical 
costs. These charges are covered under other appropriations.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116--136) included $8,100,000 
to prevent, prepare for, and respond to coronavirus.

                        ADMINISTRATIVE PROVISION

    The bill includes an administrative provision allowing for 
the purchase of passenger motor vehicles.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    The bill continues a provision regarding the circumstances 
in which the Bureau of Reclamation may reprogram funds.
    The bill continues a provision regarding the San Luis Unit 
and Kesterson Reservoir in California.
    The bill contains a provision regarding the Secure Water 
Act of 2009.
    The bill contains a provision regarding the CALFED Bay-
Delta Authorization Act.
    The bill contains a provision regarding the Omnibus Public 
Land Management Act of 2009.
    The bill contains a provision regarding the Cooperative 
Watershed Management Program.
    The bill contains a provision regarding the Reclamation 
States Emergency Drought Relief Act of 1991.
    The bill contains a provision regarding the Claims 
Resolution Settlement Act.
    The bill contains a provision prohibiting the use of funds 
in this Act for certain activities.
    The bill contains a provision regarding the Omnibus Public 
Land Management Act of 2009.

                    TITLE III--DEPARTMENT OF ENERGY


                              INTRODUCTION

    Funds recommended in Title III provide for all Department 
of Energy programs, including Energy Efficiency and Renewable 
Energy; Cybersecurity, Energy Security, and Emergency Response; 
Electricity; Nuclear Energy; Fossil Energy Research and 
Development; Naval Petroleum and Oil Shale Reserves; the 
Strategic Petroleum Reserve; SPR Petroleum Account; the 
Northeast Home Heating Oil Reserve; the Energy Information 
Administration; Non-Defense Environmental Cleanup; the Uranium 
Enrichment Decontamination and Decommissioning Fund; Science; 
Nuclear Waste Disposal; Advanced Research Projects Agency--
Energy; Innovative Technology Loan Guarantee Program; Advanced 
Technology Vehicle Manufacturing Loan Program; Tribal Energy 
Loan Guarantee Program; Office of Indian Energy Policy and 
Programs; Departmental Administration; Office of the Inspector 
General; the National Nuclear Security Administration (Weapons 
Activities, Defense Nuclear Nonproliferation, Naval Reactors, 
and Federal Salaries and Expenses); Defense Environmental 
Cleanup; Defense Uranium Enrichment Decontamination and 
Decommissioning; Other Defense Activities; the Power Marketing 
Administrations; and the Federal Energy Regulatory Commission.

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$35,729,069,000 in fiscal year 2021 to fund programs in its 
four primary mission areas: science, energy, environment, and 
national security. The Department of Energy budget request is 
$2,857,247,000 below the fiscal year 2020 level. The 
recommendation provides $40,865,178,000 for the Department of 
Energy, $5,136,109,000 above the budget request.
    The Committee's recommendations for Department of Energy 
programs in fiscal year 2021 are described in the following 
sections. A detailed funding table is included at the end of 
this title.

                        CONGRESSIONAL DIRECTION

    Article I, section 9 of the United States Constitution 
states, ``No money shall be drawn from the Treasury but in 
consequence of Appropriations made by law.''
    The Committee continues to include the Department's 
reprogramming authority in statute to ensure that the 
Department carries out its programs consistent with 
congressional direction. This reprogramming authority is 
established at the program, project, or activity level, 
whichever is the most specific level of budget items identified 
in this Act and the Committee report accompanying this Act. The 
Committee also prohibits new starts through the use of 
reprogramming and includes other direction to improve public 
oversight of the Department's actions. In addition, the 
recommendation continues to include a general provision 
specifying which transfer authorities may be used for accounts 
funded by this Act.
    The Committee counts on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. Requesting and receiving basic, 
factual information, including budget justification materials 
and responses to inquiries, is vital in order to ensure 
transparency and accountability. While some discussions 
internal to the executive branch may be pre-decisional in 
nature and therefore not subject to release, the Committee's 
access to the facts, figures, and statistics that inform the 
decisions of the executive branch are not subject to those same 
sensitivities. The Committee shall have ready and timely access 
to information from the Department, Federally Funded Research 
and Development Centers, and any recipient of funding from this 
Act. Further, the Committee appreciates the ability for open 
and direct communication with all recipients of funding from 
this Act, and the Department shall not interfere with such 
communication.

                 REPROGRAMMING AND TRANSFER GUIDELINES

    The Committee requires the Department to inform the 
Committee promptly when a change in program execution and 
funding is required during the fiscal year. The Department's 
reprogramming requirements are detailed in statute. To assist 
the Department in this effort, the following guidance is 
provided for programs and activities.
    Definition.--A reprogramming includes the reallocation of 
funds from one activity to another within an appropriation. The 
recommendation includes a general provision providing internal 
reprogramming authority to the Department, as long as no 
program, project, or activity is increased or decreased by more 
than $5,000,000 or 10 percent, whichever is less, compared to 
the levels in the table detailing the Committee's 
recommendations for the Department's various accounts. For 
construction projects, a reprogramming constitutes the 
reallocation of funds from one construction project to another 
project or a change of $2,000,000 or 10 percent, whichever is 
less, in the scope of an approved project.
    Criteria for Reprogramming.--A reprogramming should be made 
only when an unforeseen situation arises, and then only if 
delay of the project or activity until the next fiscal year 
would result in a detrimental impact to an agency program or 
priority. A reprogramming may also be considered if the 
Department can show that significant cost savings can accrue by 
increasing funding for an activity. Mere convenience or 
preference shall not be a factor for consideration. A 
reprogramming may not be employed to initiate new programs or 
to change program, project, or activity allocations 
specifically denied, limited, or increased by the Congress in 
the Act or report.
    Reporting and Approval Procedures.--In recognition of the 
security missions of the Department, the legislative guidelines 
allow the Secretary and the Administrator of the National 
Nuclear Security Administration jointly to waive the 
reprogramming restriction by certifying to the Committee that 
it is in the nation's security interest to do so. The 
Department shall not deviate from the levels for activities 
specified in the report that are below the level of the detail 
table, except through the regular notification procedures of 
the Committee. No funds may be added to programs for which 
funding has been denied. Any reallocation of new or prior-year 
budget authority or prior-year de-obligations, or any request 
to implement a reorganization that includes moving previous 
appropriations between appropriations accounts must be 
submitted to the Committee in writing and shall not be 
implemented prior to approval by the Committee.
    Transfers.--As in fiscal year 2020, funding actions into or 
out of accounts funded by this Act may only be made by transfer 
authorities provided by this or other appropriations Acts.

                   FINANCIAL REPORTING AND MANAGEMENT

    The Department is still not in compliance with its 
statutory requirement to submit to Congress, at the time that 
the President's budget request is submitted, a future-years 
energy program that covers the fiscal year of the budget 
submission and the four succeeding years, as directed in the 
fiscal year 2012 Act. In addition, the Department has an 
outstanding requirement to submit a plan to become fully 
compliant with this requirement. The Department is directed to 
provide these requirements not later than 30 days after 
enactment of this Act.
    Working Capital Fund.--The Department has requested 
$281,894,000 for the Working Capital Fund for fiscal year 2021. 
The Committee provides $281,894,000 for this purpose and 
directs that if the Department transfers additional amounts to 
the Working Capital Fund, notification must be provided to the 
Committee in advance of any such transfer. The notification 
shall identify the sources of funds by program, project, or 
activity. Further, the Department shall notify the Committee 
before adding or removing any activities from the fund.
    Alleviation of Poverty.--In each year since fiscal year 
2016, the Committee has directed the Department to provide a 
report detailing all domestic and international projects and 
programs within its jurisdiction that contribute to the 
alleviation of poverty. The Committee is still awaiting this 
report and directs the Department to provide this report not 
later than 30 days after enactment of this Act.
    Public Access Plan.--The Committee appreciates the 
Department issuing its Public Access Plan on July 24, 2014. The 
Committee urges the Department to continue efforts towards full 
implementation of the plan and expects an update on progress be 
included in the fiscal year 2022 budget request.
    Improper Payments.--The Committee continues to be concerned 
that the Department is failing in its responsibility to ensure 
that contracts, including management and operating (M&O) 
contracts with incurred costs valued at billions of dollars per 
year, are being audited appropriately and in a timely manner 
within the Department's Cooperative Audit Strategy. The 
Department was directed in the fiscal year 2015 Act to carry 
out a plan to improve its cost audit coverage, but the 
Department has not reported any progress on issues identified 
by the Department's Inspector General associated with its cost 
audit coverage. The Department was also directed in the fiscal 
year 2019 Act to provide the Committee with a plan for removing 
the Department from the Government Accountability Office's 
(GAO) High Risk List for Fraud, Waste, and Abuse for its 
contract management. This report was to include plans to 
improve contract auditing and the tracking of meaningful data 
for fraud, waste, and abuse in its contracts. The Department 
has failed to provide the plan and is directed to do so not 
later than 15 days after enactment of this Act. The Department 
is further directed to review its Cooperative Audit Strategy 
and identify potential changes to the Strategy, including 
requiring M&O contractors to have external independent audits 
at least every three years, and assess any benefits and 
drawbacks of potential changes. The Department shall brief the 
Committee not later than 90 days after enactment of this Act on 
its findings. The Comptroller General of the United States is 
directed to review the Department's Cooperative Audit Strategy 
and the Department's proposed changes to the strategy and 
assess the adequacy of these items in meeting Government 
Accountability Office (GAO) recommendations and congressional 
direction. The GAO shall brief the Committee on its findings at 
a schedule to be determined in consultation with the Committee.
    Seismic Testing Facility.--The Committee notes that the 
Department is working to complete construction and 
commissioning of a seismic testing facility, including the 
performance of first experiments to validate the development of 
this advanced simulation tool. Once commissioning is complete, 
the Committee urges the Infrastructure and Operations and the 
Environment, Health, Safety and Security offices to ensure the 
Department is fully educated on the opportunities afforded by 
this facility, and the Committee encourages appropriate 
Departmental use of the testing facility for experimental 
validation of responsiveness of critical nuclear facilities to 
seismic events. With many of the Department's mission-critical 
facilities located in seismically active regions, it is vital 
for the Department to accurately and reliably predict system 
response, expected earthquake response, and potential damage to 
critical nuclear facilities from earthquakes.
    Commonly Recycled Paper.--The Department shall not expend 
funds for projects that knowingly use as a feedstock commonly 
recycled paper that is segregated from municipal solid waste or 
collected as part of a collection system that commingles 
commonly recycled paper with other solid waste at any point 
from the time of collection through materials recovery.
    Community Reuse Organizations.--The Department is reminded 
of its authority to transfer excess personal property and 
equipment to Department-designated Community Reuse 
Organizations in order to promote economic diversification and 
job creation in communities where the Department's sites are 
located, and the Department is encouraged to ensure that 
relevant agency employees throughout the Department are aware 
of current policies to implement this authority. The Committee 
directs the Department to continue personal property programs 
that operated in fiscal years 2019 and 2020.
    Congressional Reporting Requirements.--The Committee is 
concerned by the Department's often lengthy delays in meeting 
its Congressional reporting requirements. The Department is 
directed to establish a tracking mechanism for all 
Congressional reporting requirements, to be led by the Office 
of the Chief Financial Officer. The Department shall brief the 
Committee not later than 30 days after enactment of this Act on 
this effort.

                  WORKFORCE DEVELOPMENT AND DIVERSITY

    Workforce Development.--The Committee recognizes the need 
to ensure that our nation has a ready, capable workforce both 
for today and the next generation to meet changing energy 
demands and safeguard our national nuclear security. The 
Department has a long history in and unique opportunity of 
training and supporting the science, technology, engineering, 
and mathematics workforce. The fiscal year 2020 Act directed 
the Department to provide a report that includes an inventory 
of workforce development and readiness programs supported 
throughout the Department. The inventory was required to 
include current programs, past programs over the past 10 years, 
and recommendations for the Department to improve or expand its 
workforce development efforts. The report was required to 
include specific recommendations addressing workforce readiness 
to meet the Department's nuclear security missions. The 
Committee is still awaiting this report and directs the 
Department to provide this report not later than 30 days after 
enactment of this Act.
    The Department is encouraged to support pre-apprenticeship 
and apprenticeship programs focused on technical skills needed 
for positions at the national laboratories.
    Workplace Diversity.--The Committee recognizes the 
importance of workplace diversity at the Department and its 
national laboratories. The Committee encourages the Department 
to continue to develop and broaden partnerships with minority 
serving institutions, including Hispanic Serving Institutions, 
Historically Black Colleges and Universities, Asian and Pacific 
Islander Serving Institutions, Predominantly Black 
Institutions, Tribal Colleges and Universities, and other 
Minority Serving Institutions. The Committee understands that 
each national laboratory develops its own recruitment and 
retainment strategies and provides those plans to the 
Department for review. The fiscal year 2020 Act directed the 
Department to comprehensively evaluate these plans and provide 
a report to the Committee detailing efforts to recruit and 
retain diverse talent from the institutions mentioned above. 
Further, the fiscal year 2020 Act directed the Department to 
provide to the Committee a report on its internal programs that 
support research and development opportunities from the 
institutions mentioned above. The Committee is still awaiting 
these reports and directs the Department to provide these 
reports not later than 30 days after enactment of this Act.

                    RESEARCH AND DEVELOPMENT POLICY

    Research and Development Policy.--The budget request again 
proposes to focus the Department solely on early-stage research 
and development activities at the expense of medium- and later-
stage research and development, including deployment, 
demonstration, and other approaches to spur innovation. The 
Committee rejects this short-sighted and limited approach, 
which will ensure that technology advancements will remain in 
early-stage form and are unlikely to integrate the results of 
this early-stage research into the nation's energy system. 
While early-stage research and development has an appropriate 
place in a balanced research portfolio, the Committee strongly 
believes that a focus on only early-stage activities will 
forego the nation's scientific capabilities in medium- and 
later-stage research and development and will not fully realize 
the technological advancements that can and should happen as a 
result of the Department's applied energy activities. The 
Committee provides robust funding to support a comprehensive, 
balanced approach that also includes medium- and later-stage 
research, development, deployment, and demonstration 
activities. The Committee directs the Department to follow this 
comprehensive approach in each applied energy research and 
development program office and expend funding in an expeditious 
manner, to include the timely issuance of funding opportunity 
announcements and awards of funds. To capitalize on the 
research infrastructure and expertise at universities across 
the country, the Committee encourages the Department to 
increase opportunities for universities to compete for funding 
within the Department's portfolio of research.

                        CROSSCUTTING INITIATIVES

    Grid Modernization.--The Department is directed to continue 
the ongoing work among the national laboratories, industry, and 
universities to improve grid reliability and resiliency through 
the strategic goals of the Grid Modernization Initiative (GMI). 
The Committee recognizes the accomplishments of over 200 
partners from industry, academia, and state governments in 
these efforts. The Department shall brief the Committee not 
later than 90 days after enactment of this Act on the funding 
profiles, portfolio of funding opportunities, programmatic 
investments for the Initiative, and the roles and 
responsibilities of each participating program office. The 
Committee supports the Grid Modernization Laboratory Consortium 
and continued implementation of the Grid Multi-Year Program 
Plan (MYPP) to ensure coordination across all applied program 
offices, including the additions of the Offices of 
Cybersecurity, Energy Security, and Emergency Response (CESER); 
Nuclear Energy (NE); and Fossil Energy (FE) to the MYPP. The 
Committee directs the Department to emphasize national energy 
systems resilience modeling and improved grid cyber resilience 
to address emerging national resilience challenges of the grid 
and related energy systems, planned investments in energy 
storage to improve grid flexibility and resilience, and 
advanced sensors and control paradigms that promise to improve 
energy system resilience of the grid of the future. The 
Committee recognizes the growing importance of training and 
workforce development to support grid modernization research 
and development, and the Committee directs the Department to 
develop a plan for a pipeline of students, graduates, and 
professors to sustain a robust grid modernization research, 
design, and operations capability over the long-term. The 
recommendation provides not less than $392,500,000 for GMI, 
including not less than $114,500,000 from the Office of Energy 
Efficiency and Renewable Energy (EERE); not less than 
$172,000,000 from the Office of Electricity (OE); not less than 
$90,000,000 from CESER; not less than $13,000,000 from FE, and 
not less than $3,000,000 from NE.
    Within available funds for GMI, the recommendation provides 
not less than $4,000,000 for university-based R&D of scalable 
cyber-physical platforms for resilient and secure electric 
power systems that are flexible, modular, self-healing, and 
autonomous.
    Within available funds for GMI, the recommendation provides 
up to $10,000,000 to establish a network of university-based, 
regional electric power-cybersecurity centers. The centers 
should address interrelated research and development challenges 
of cybersecurity and critical energy infrastructure and develop 
a trained, globally competitive workforce. The centers should 
be distributed regionally across the country to leverage 
regional utilities, national laboratories, and regulatory 
bodies and consider the distinctive characteristics of each 
region's electricity system, network of infrastructure, and 
workforce expertise.
    Within available funds for GMI, the recommendation provides 
up to $9,500,000 for a pilot project to demonstrate 
cybersecurity best practices and collaborations in deploying 
and operating cybersecure electric vehicle charging facilities.
    Public, open-source decentralized technologies like 
blockchain, in combination with digital identities, are 
positioned to enable innovation for advanced digital solutions 
that solve various market pain points associated with the 
registration, scheduling, dispatch and activation, measurement 
and verification, and financial settlement of energy customers 
and their devices. These digital solutions may help grid 
operators, electric utilities, energy companies, and customers 
to capture the full potential of investments in grid 
modernization. The Committee directs the Department to 
coordinate research on the opportunity and needs for new 
digital solutions built with public, open-source decentralized 
technologies to support electric grid modernization efforts. 
These research efforts should include state regulatory and 
consumer privacy components.
    The Committee is concerned about the increasing frequency 
of severe weather events that have the capability to cause 
power outages and disable the electric grid. While the ability 
to forecast and model extreme weather events has drastically 
improved in recent decades, most power grid operators lack 
similarly sophisticated tools to combine specific weather 
forecasts and data on state and regional grid infrastructure to 
better predict where specifically outages will be most severe. 
GMI has excelled in recent years at working with public and 
private partners to develop the concepts, tools, and 
technologies needed to measure, analyze, predict, protect, and 
control the grid of the future. The Committee strongly 
recommends that the GMI include efforts to develop regional 
predictive models of weather-caused power outages in its next 
Grid Modernization Lab Call and MYPP to address this pressing 
need.
    The Committee understands the benefits that natural gas 
demand response could bring to the electric grid, including 
reducing energy costs and emissions. The recommendation 
provides up to $15,000,000, including not less than $10,000,000 
from FE, for natural gas demand response pilot programs to be 
developed by gas utilities, state public utility commissions, 
and local distribution companies. The Committee encourages the 
Department to prioritize funding of pilots that have the 
potential to advance real-time deployment and testing of new 
technologies that could be used to monitor the effectiveness of 
natural gas demand response.
    Energy Storage.--The Committee supports the Department's 
ongoing efforts to formulate the Energy Storage Grand Challenge 
initiative to build on and coordinate the Department's prior 
research, development, and demonstration efforts in energy 
storage to accelerate the development, commercialization, and 
utilization of next-generation energy storage technologies.
    The Committee directs the Department to publish not later 
than 180 days after enactment of this Act a crosscutting R&D 
roadmap and implementation plan to illustrate the Energy 
Storage Grand Challenge's goals through 2030, focusing efforts 
on a diverse set of energy storage technologies and in 
coordination among EERE, OE, FE, NE, and the Office of Science. 
The R&D roadmap shall include a focus on the technical, 
regulatory, and market issues necessary to achieve technology 
goals, and the implementation plan shall include a breakdown of 
the roles and responsibilities of each participating program 
office. The Department is directed to provide quarterly 
briefings to the Committee on these efforts, starting not later 
than 90 days after enactment of this Act.
    The recommendation provides not less than $205,000,000 for 
energy storage, including not less than $97,000,000 from EERE, 
not less than $75,000,000 from OE, not less than $5,000,000 
from FE, not less than $4,000,000 from NE, and not less than 
$24,000,000 from the Office of Science.
    The recommendation provides for not less than one pilot 
energy storage project that demonstrates business model 
innovation targeted at cost-effective deployment through 
aggregation in rural electric cooperatives. The Department is 
encouraged to focus on reducing the soft costs of novel project 
design and optimization and developing legal and power purchase 
model agreements that can be replicated in cooperatives 
elsewhere in the nation, reducing future costs for deployment 
of energy storage projects.
    Critical Minerals.--The modern global economy has 
increasingly come to depend on access to a number of critical 
materials that were not widely used or considered essential to 
manufacturing just a few decades ago. Given that growing 
dependency, the Committee appreciates the Department's 
elevation and coordination of the existing critical minerals 
activities across the Department through the newly established 
Critical Minerals Initiative. The Department shall brief the 
Committee not later than 90 days after enactment of this Act on 
the funding profiles, portfolio of funding opportunities, 
programmatic investments, and roles and responsibilities of 
each participating program office. The recommendation provides 
not less than $107,500,000 for activities related to critical 
minerals, including not less than $52,000,000 from EERE, 
$29,500,000 from FE, not less than $1,000,000 from NE, and not 
less than $25,000,000 from the Office of Science.
    Plastics Innovation Challenge and Revolutionizing Polymer 
Upcycling.--In fiscal year 2020, the Department launched the 
Plastics Innovation Challenge with the stated goal of reducing 
the energy costs associated with the current lifecycle of 
plastics; developing new polymers that are recyclable-by-
design; and developing biological and chemical methods to 
deconstruct plastic waste, including from rivers and oceans, 
into useful chemical feedstock streams. While these are 
important goals, the Committee continues to be concerned about 
partnerships, relationships with sponsoring institutes, and 
implementation of the program. The Committee remains concerned 
with certain partnerships under this initiative and that the 
focus of this research may result in promoting the use of more 
plastic, not less.
    In the fiscal year 2021 budget request, EERE proposes 
activities to explore novel feedstocks, technologies, and 
approaches to economically deconstruct existing plastics; 
increase opportunities for upcycling; develop infinitely 
recyclable polymers; and to make better use of renewable 
chemicals and biodegradable alternatives to traditional 
plastics. In the fiscal year 2021 budget request, the Office of 
Science proposes activities to discover the chemical and 
biological pathways for transforming polymers and synthesizing 
high-value chemicals or new polymers. The Committee is 
concerned about the lack of coordination and a cohesive 
research agenda for these activities and directs the Department 
to provide to the Committee a report that describes a 
coordinated research plan for activities within EERE, the 
Office of Science, and any other relevant program office. The 
research plan shall include the roles and responsibilities for 
each program office. The report shall be provided not later 
than 90 days after enactment of this Act and prior to any funds 
being obligated for these purposes.
    The recommendation provides not more than $35,000,000 for 
research activities related to plastics and polymers, including 
up to $20,500,000 from EERE and up to $14,500,000 from the 
Office of Science.
    Integrated Energy Systems.--The Committee supports the 
integrated energy systems activities of EERE, FE, and NE with 
the purposes of maximizing energy production and efficiency; 
developing energy systems involving the integration of nuclear 
energy with renewable energy, fossil energy, and energy 
storage; and expanding the use of emissions-reducing energy 
technologies into nonelectric sectors to achieve significant 
reductions in environmental emissions. The recommendation 
provides not less than $15,000,000 for activities related to 
integrated energy systems, including not less than $5,000,000 
from FE and not less than $10,000,000 from NE. The Department 
is directed to submit to the Committee not later than 90 days 
after enactment of this Act a report that details a potential 
research agenda of integrated energy systems activities, 
including estimated funding levels for those activities and the 
roles and responsibilities of each participating program 
office. The Department is directed to coordinate all integrated 
energy systems activities across FE, NE, EERE, and any other 
relevant program office.
    Negative Emissions Technologies.--Negative emissions 
technologies, also referred to as carbon dioxide removal 
technologies, aim to remove and sequester excess carbon from 
the atmosphere, and these technologies have been identified as 
an important part of the portfolio of responses to climate 
change. The fiscal year 2020 Act directed the Department to 
develop an implementation plan coordinated across EERE, FE, and 
the Office of Science. The Committee is still awaiting this 
plan and directs the Department to provide the plan not later 
than 30 days after enactment of this Act. The Department is 
directed to include a breakdown of the roles and 
responsibilities of each participating program office in the 
implementation plan. The recommendation provides not less than 
$95,000,000 for research and development of negative emissions 
technologies, including not less than $20,000,000 from EERE, 
not less than $50,000,000 from FE, and not less than 
$25,000,000 from the Office of Science. Within available funds 
for negative emissions technologies, the recommendation 
provides not less than $40,000,000 for direct air capture, 
including not less than $10,000,000 from EERE, not less than 
$20,000,000 from FE, and not less than $10,000,000 from the 
Office of Science.
    Emissions Reductions.--The Committee directs the Department 
to take into consideration the projected reductions in 
greenhouse gas emissions when selecting activities and projects 
for funding within EERE, OE, NE, and FE. The Department shall 
not fund projects within EERE, OE, NE, and FE, that do not 
demonstrate potential for emissions reductions or improved 
environmental performance.

                            ENERGY PROGRAMS


                 Energy Efficiency and Renewable Energy


 
 
 
Appropriation, 2020...................................    $2,790,000,000
Budget estimate, 2021.................................       719,563,000
Recommended, 2021.....................................     2,848,000,000
Comparison:
    Appropriation, 2020...............................       +58,000,000
    Budget estimate, 2021.............................    +2,128,437,000
 

    The Committee recommends a net appropriation of 
$2,848,000,000 for Energy Efficiency and Renewable Energy 
(EERE). The recommendation also includes a rescission of 
$2,240,293 of unused, previously appropriated funds. EERE 
programs include research, development, demonstration, and 
deployment activities that advance energy efficiency and 
renewable energy technologies, as well as federal energy 
assistance programs. Since the early 1970s and in partnership 
with business, industry, universities, research labs, and 
stakeholders, EERE has spurred innovation of affordable, 
renewable energy and energy efficiency technologies critical to 
combating climate change. EERE remains at the forefront of 
clean energy innovation, implementing a range of strategies 
aimed at reducing U.S. reliance on fossil fuels that is saving 
American families and businesses money, creating jobs, and 
reducing pollution.
    The EERE program is divided into three portfolios: 
sustainable transportation, renewable energy, and energy 
efficiency. The sustainable transportation portfolio, which 
consists of the vehicles, bioenergy, and hydrogen and fuel cell 
programs, advances the development of plug-in electric and 
other alternative fuel vehicles, high-efficiency advanced 
combustion engines, and the replacement of oil with clean 
domestic transportation fuels. The renewable energy portfolio, 
which consists of the solar, wind, water, and geothermal 
programs, aims to develop innovative technologies to make 
renewable electricity generation cost competitive with 
traditional sources of energy. The energy efficiency portfolio, 
which consists of the advanced manufacturing, buildings, and 
federal energy assistance programs, seeks cost-effective 
solutions to reduce energy consumption in plants, buildings, 
and homes.
    Additional Programmatic Direction.--Additional direction 
related to Department-wide crosscutting initiatives is provided 
under the heading Crosscutting Initiatives in the front matter 
of Department of Energy.
    Research and Development Policy.--The Department is 
reminded that the research and development (R&D) policy 
contained in the front matter of Title III of this report 
specifically applies to each program within EERE. The 
Department shall provide the Committee with the specific 
breakdowns for R&D stages for both funds that are allocated 
according to this report and any funds that are not allocated 
by this report for each program.
    The Commonwealth of Puerto Rico and the U.S. Virgin 
Islands.--The Committee directs the Department to offer 
technical and other programmatic assistance to the Commonwealth 
of Puerto Rico for the assessment and implementation of 
innovative technologies with the capability of combining 
different infrastructure systems in an integrated manner to 
effectively mitigate power plant emissions, efficiently treat 
and reuse wastewater, produce biofuels, and generate power from 
solid waste. In addition, the Committee directs the Department 
to offer technical and other programmatic assistance to the 
Commonwealth of Puerto Rico and the U.S. Virgin Islands in 
assessing the feasibility of a Puerto Rico/U.S. Virgin Islands 
subsea electric cable interconnection. The Department is 
directed to brief the Committee not later than 90 days after 
enactment of this Act on the status of, and future plans for, 
these efforts.
    DOE and USDA Interagency Working Group.--The Committee 
looks forward to expeditiously receiving the report on research 
collaborations with the U.S. Department of Agriculture (USDA), 
including at national laboratories, that was required by the 
fiscal year 2020 Act. The Committee supports the establishment 
of the interagency working group to promote energy and develop 
technologies that will support and advance agricultural 
communities and domestic manufacturing, as required by the 
Agriculture Improvement Act of 2018. Both agencies have unique 
roles in assisting the nation in integrating alternative fuels 
and energy efficiency savings throughout our economy. The 
Committee directs the working group to pursue joint activities 
related to the research and development of affordable, 
deployable, resilient energy and water efficient technologies 
for four-season food production platforms that can serve 
undernourished regions of the country. The Committee further 
directs the working group to pursue joint activities related to 
the energy and water efficiency of other agricultural 
platforms, irrigation systems, wastewater treatment facilities, 
and greenhouses. To achieve this, the Committee encourages 
collaboration between USDA's Office of Urban Agriculture and 
Innovative Production, the Agricultural Research Service, the 
Natural Resources Conservation Service, and the National 
Institute of Food and Agriculture and various DOE offices 
including, but not limited to, EERE, Advanced Research Projects 
Agency--Energy, the Office of Science, and Fossil Energy.
    Clean Energy Workforce.--The Committee believes a skilled 
workforce is critical to the successful transition to a clean 
energy economy and long-term sustainability of energy efficient 
and renewable energy technologies. The Committee encourages the 
Department to continue to work with two-year, community and 
technical colleges, labor, and non-governmental and industry 
consortia to pursue job training programs, including programs 
related to building retrofits and the construction industry and 
programs focused on displaced fossil fuel workers that lead to 
an industry-recognized credential in the energy workforce.
    Zero Emissions Energy Credit.--The Committee notes that in 
the fiscal year 2018, 2019, and 2020 Acts the Department was 
directed to produce a report to evaluate the effects of a Zero 
Emissions Energy Credit. The Committee directs the Department 
to provide this report not later than 15 days after enactment 
of this Act.
    Underserved Communities.--The Department is directed to 
continue to expand its work to lower barriers for the adoption 
of renewable energy and other low emissions technologies for 
low-income households, renters, multi-family homes, and 
racially diverse communities. The Department shall provide to 
the Committee not later than 90 days after enactment of this 
Act a briefing on its current efforts to lower barriers for 
adoption of renewable energy in low-income, racially-diverse, 
and historically underserved communities to include an update 
on its electric vehicle community partner projects that support 
charging infrastructure deployment in urban areas, particularly 
in underserved and disadvantaged communities.
    Energy Star.--The Committee supports the Department's 
ongoing role in the Energy Star program in its current 
structure.

                       SUSTAINABLE TRANSPORTATION

    The Vehicle, Bioenergy, and Hydrogen and Fuel Cell 
Technologies programs fund activities that can reduce American 
dependence on oil. Annually, vehicles transport 11 billion tons 
of freight or about $35,000,000,000 worth of goods each day and 
move more than three trillion vehicle miles. Research into 
cutting-edge technologies that will increase the fuel economy 
of gasoline and diesel fuel vehicles--the vast majority of 
today's fleet--will allow Americans to spend less on fuel while 
traveling the same distance. Research into next-generation 
automotive and fuel cell technologies that power vehicles with 
domestic energy sources such as natural gas, electricity, 
biofuels, and hydrogen can likewise dramatically lower the 
impact of gas prices on Americans.
    Coordination.--The Committee directs the Vehicle, 
Bioenergy, and Hydrogen and Fuel Cell Technologies offices to 
continue to work closely to develop common metrics to evaluate 
and compare the costs and energy consumption of advanced 
transportation technologies with existing technologies and to 
support a broad portfolio of vehicle technology innovation with 
a focus on demonstration, field validation, and market 
transformation activities.
    Vehicle Technologies.--The recommendation provides 
$396,000,000 for Vehicle Technologies. Within available funds, 
the recommendation includes $175,000,000 for Batteries and 
Electric Drive Technology and not less than $40,000,000 for 
electric drive research and development to include 
electrification technologies. The recommendation provides 
$20,000,000 to launch the SuperTruck III program and $1,000,000 
to complete the EcoCAR Mobility Challenge.
    The Committee directs the Department to continue to support 
the Clean Cities program, including competitive grant 
solicitations to support alternative fuel, infrastructure, and 
vehicle deployment activities. Within available funds, the 
recommendation provides $43,000,000 for Deployment through the 
Clean Cities Program. When issuing competitive grants in 
support of these activities, the Department is encouraged to 
focus on awards that range from $500,000 to $1,000,000 and 
include at least one Clean Cities coalition partner. The 
Committee encourages the Department to ensure balance in the 
award of funds to achieve varied aims in fostering broader 
adoption of clean vehicles and installation of supporting 
infrastructure. The Committee encourages the Department to 
explore ways in which the Clean Cities Program can leverage 
funding to provide greater support for electrification efforts, 
recognizing the strong emissions reduction and public health 
benefits delivered by electrification.
    Within available funds for Technology Integration, Data, 
Modeling, and Analysis, the recommendation provides not less 
than $10,000,000 to fund a pilot Clean School Bus Grant Program 
in cooperation with current Electric Vehicle Community Partner 
Projects. The pilot program shall focus on replacing old diesel 
school buses with alternative fuel school buses, to include 
electric school buses. As part of this pilot, the Department 
shall consider deployment of recharging infrastructure, 
planning and technical assistance to school districts, and 
workforce development and training.
    Within available funds, the Committee includes up to 
$10,000,000 for medium- and heavy-duty on-road natural gas 
engine research and development, including energy efficiency 
improvements, emission after-treatment technologies, fuel 
system enhancements, and new engine development. The 
recommendation also includes $10,000,000 to continue to support 
improving the energy efficiency of commercial off-road 
vehicles, of which up to $5,000,000 is for fluid power systems.
    The Committee encourages continued research and development 
as appropriate in advanced combustion and vehicle engine 
technology efficiency in propane engines used for light- and 
medium-duty applications. The recommendation provides up to 
$5,000,000 for research on direct injection, engine technology, 
and use of dimethyl ether as fuel.
    Within available funds, the Committee recommends 
$10,000,000 for section 131 of the 2007 Energy Independence and 
Security Act for transportation electrification.
    The Committee supports the Department's continued work on 
electric air flight through its national laboratories and with 
the National Aeronautical Space Administration (NASA). The 
Department is directed to provide to the Committee not later 
than 180 days after enactment of this Act a report, developed 
in cooperation with NASA, that discusses battery storage needs, 
challenges, and opportunities in electric air flight. The 
Committee encourages efforts to overcome technological barriers 
in demonstrating the capability of higher energy density 
batteries, development of new, lower cost materials, and the 
establishment of testing methods and protocols.
    The Department shall provide to the Committee not later 
than 270 days after enactment of this Act a report with 
recommendations to enhance domestic manufacturing of battery 
technologies to include recommendations on reducing the size of 
vehicle batteries and reducing the use of cobalt.
    The Committee encourages continued outreach and deployment 
activities of renewable natural gas and natural gas-powered 
vehicles.
    The Department is reminded that the fiscal year 2020 Act 
directed a report on describing research and development 
activities applicable to two-stroke opposed piston engines 
within the Vehicle Technologies Office and how this research 
differs from ongoing work within the Department and other 
agencies. The Committee looks forward to receiving this report 
expeditiously.
    The Committee supports existing work to develop a lifecycle 
model that fully evaluates energy and emission impacts of 
advanced and new transportation fuels, the fuel cycle from well 
to wheel, and the vehicle cycle through material recovery and 
vehicle disposal. The Committee encourages further research to 
develop standardized modeling that establishes a tool that can 
be used for future lifecycle analysis reporting and accounting.
    Bioenergy Technologies.--The recommendation provides 
$258,000,000 for Bioenergy Technologies. The recommendation 
provides not less than $40,000,000 for feedstock supply and 
logistics, of which $5,000,000 is for upgrades at the Biomass 
Feedstock National User Facility. The recommendation provides 
$40,000,000 for advanced algal systems.
    Within available funds for Conversion Technologies, the 
recommendation provides $20,000,000 to continue the Agile 
Biology Foundry.
    The Committee is supportive of current Bio-Restore efforts 
and directs continued research on carbon storage in forest 
lands and the impacts of different forest management practices 
that may result in preservation and expansion of forests and 
grasslands.
    The Committee is appreciative of research that the 
Department has supported regarding wet and gaseous waste 
streams in waste-to-energy projects. The Committee remains 
interested in understanding how further research and 
development activities can support baseload power generation 
using municipal solid waste-to-energy technologies, including 
to lower the energy costs of wastewater treatment plants. The 
Department is reminded that the fiscal year 2018 Act required a 
report on research and development activities that can improve 
the economic viability of municipal solid waste-to-energy 
facilities. The Committee looks forward to receiving this 
report promptly.
    The Committee encourages the Department to focus on 
defining and meeting technical targets that reduce the costs of 
sustainable aviation fuels through the conversion of low-cost 
waste carbon as feedstocks. These efforts should consider 
relevant global supply chains and should be coordinated with 
national laboratories, other federal agencies, the aviation 
industry, and universities.
    Hydrogen and Fuel Cell Technologies.--The recommendation 
provides $150,000,000 for Hydrogen and Fuel Cell Technologies. 
Within available funds, the Committee recommends not less than 
$51,000,000 for Systems Development and Integration, of which 
not less than $10,000,000 is for Safety, Codes, and Standards 
and up to $10,000,000 is for industry-led manufacturing, 
research, development, and deployment, with a focus on fuel 
cell stack manufacturing cost reduction. Within available 
funds, $15,000,000 is provided to cost share the Office of 
Nuclear Energy hydrogen demonstration project. The 
recommendation provides $25,000,000 for Fuel Cell Technologies 
with a focus on reducing fuel cell system cost and improving 
overall system efficiency and durability.
    The Committee remains supportive of [email protected] activities 
that enable wide-scale hydrogen production and use as well as 
resiliency of power generation and transmission, and the 
recommendation provides not less than $80,000,000 for these 
activities. The Department is encouraged to pursue research on 
large-scale low carbon intensity hydrogen production, including 
next-generation liquefaction plants, large-scale hydrogen 
storage, and development systems and equipment for the delivery 
of hydrogen, including pipelines. Further, the Department is 
encouraged to research ways to reduce the cost of hydrogen fuel 
production, storage, and distribution, including lowering the 
cost and improving durability of key infrastructure hardware.
    The Department is directed to continue to research novel 
onboard hydrogen tank systems, as well as trailer delivery 
systems to reduce cost of delivered hydrogen and to work with 
the Department of Transportation on coordinating efforts to 
deploy hydrogen fueling infrastructure.

                            RENEWABLE ENERGY

    The Solar Energy, Wind Energy, Water Power, and Geothermal 
Technologies programs fund applied research, development, 
demonstration, and deployment to reduce the cost of renewable 
energy to economically competitive levels. Research into 
innovative technologies, such as photovoltaic and concentrating 
solar technologies, offshore wind, hydropower, and ground heat, 
can expand energy production from our domestic resources and 
reduce our dependence on foreign oil. Research efforts have led 
to affordability and growth in adoption of renewable energy 
alternatives. Wind has become the cheapest energy source in 
many regions of the country and since 2010, the average price 
of wind energy has dropped by 84 percent. In little more than a 
decade, solar technology now powers more than nine million 
homes in the United States.
    Solar Energy.--The recommendation provides $280,000,000 for 
Solar Energy. Within available funds, the recommendation 
provides $55,000,000 for Concentrating Solar Power 
Technologies, $77,000,000 for Photovoltaic Technologies, 
$60,000,000 for Manufacturing Competitiveness, and $35,000,000 
for Balance of System Soft Cost Reduction. Within funds for 
Concentrating Solar Power Technologies, $5,000,000 is provided 
for a demonstration on advanced thermal desalination 
technologies.
    Within funds for Balance of System Soft Cost Reduction, 
$1,000,000 is for the Solar Ready Vets program and $5,000,000 
is for the National Community Solar Partnership program to 
provide technical assistance to low and moderate income 
individuals, businesses, non-profit organizations, and state, 
local, and tribal governments to increase use of community 
solar installations.
    The Committee recognizes the importance of improving the 
reliability and lifetime of photovoltaic systems and encourages 
the Department to continue to focus on this priority. The 
recommendation provides $20,000,000 to advance U.S. leadership 
in cadmium telluride based solar cell technologies. The 
Department is directed to provide to the Committee not later 
than 120 days after enactment of this Act a briefing on its 
efforts to work cooperatively with industry, university, and 
laboratory partners and efforts to develop strategies and 
technologies to support continued evolution and success. The 
briefing shall include an outline of a policy roadmap to 
demonstrate how this domestic industry can remain competitive 
globally while ensuring that cadmium telluride is produced as 
part of a robust American supply chain and include how funds 
provided in the fiscal year 2020 were utilized for cadmium 
telluride technologies.
    The recommendation provides $20,000,000 for a competitive 
solicitation on perovskites research focused on manufacturing, 
durability, sustainability, and reducing market barriers, 
development costs, and technology risks.
    Wind Energy.--The recommendation provides $104,000,000 for 
Wind Energy. Within available funds, not less than $10,000,000 
is for the Department's work on distributed wind technologies, 
with a focus on smaller systems for rural communities.
    The recommendation provides $1,000,000 for the Wind for 
Schools program.
    The Committee is aware of the growing interest in offshore 
wind technology and the need to address key challenges 
including offshore wind energy infrastructure, supply chain, 
and transmission issues. The recommendation provides $5,000,000 
for a competitive solicitation for a Center of Excellence 
focused on regional and national strategies to accelerate and 
maximize the effectiveness, reliability, and sustainability of 
U.S. offshore wind deployment and operation with partners from 
institutions of higher education, research institutions, 
national laboratories, the private sector, and state and local 
governments relevant to emerging commercial scale offshore wind 
deployments. The mission of the Center of Excellence shall not 
overlap with the mission of the National Offshore Wind Research 
and Development Consortium.
    Within available funds, not less than $4,000,000 shall be 
for work on additive manufacturing of large offshore wind 
blades.
    The Committee encourages continued work on the advanced 
Next-Generation, High-Efficiency, Lightweight Wind Turbine 
Generator program as early design work has yielded promising 
results.
    The Committee encourages the Department to continue its 
efforts to decrease the costs and improve performance of land-
based wind technologies, to address barriers to deployment of 
wind turbines with blade lengths greater than 75 meters, and to 
explore opportunities to improve recycling of wind energy 
equipment, including to enhance recovery of critical materials.
    Water Power.--The recommendation provides $145,500,000 for 
Water Power. Within available funds, the recommendation 
provides not less than $98,000,000 for marine and hydrokinetic 
technologies. The Committee supports the Department's emerging 
focus on bringing marine energy to meet near-term opportunities 
in the blue economy, thereby accelerating marine energy grid 
readiness. The recommendation supports research and 
development, testing, and partnership activities for the 
Powering the Blue Economy initiative. The Committee encourages 
the Department to continue to use existing core capabilities 
within its national laboratories to execute this work, in 
partnership with universities and industry.
    Within available funds, the Committee provides $40,000,000 
for a balanced portfolio of competitive solicitations to 
support industry- and university-led research, development, and 
deployment to validate the performance, reliability, 
maintainability, environmental impact, and cost of marine 
energy technology components, devices, and systems at a variety 
of scales. The Committee is concerned that uncertainty in 
frequency of and access to competitive awards has a unique 
effect on university capacity to drive needed foundational 
research and develop the skilled workforce to accelerate marine 
energy commercialization efforts. The Department is encouraged 
to consider the need to create a pipeline of well-trained 
students when determining competitive solicitations.
    Within available funds, up to $10,000,000 is provided to 
address infrastructure needs at marine energy technology 
testing sites. The Department shall continue its coordination 
with the U.S. Navy on marine energy technology development for 
national security applications at the Wave Energy Test Site and 
other locations.
    The recommendation provides not less than $39,000,000 for 
conventional hydropower, of which $7,000,000 is for the 
purposes of section 242 of the Energy Policy Act of 2005.
    The Committee supports the Department's scoping activities 
to investigate establishing a hydropower test facility.
    The Committee encourages continued research, development, 
and demonstration of closed-loop pumped storage technologies, 
projects to improve watershed and ecosystem health, and 
foundational research to address engineering and operational 
challenges to wave and tidal power including system design and 
validation.
    The Department is directed to continue research, 
development, demonstration, and deployment efforts related to 
innovative, more efficient fish passage technologies and 
invasive fish species removal. Further, the Committee 
encourages close coordination between the Department, Corps, 
Reclamation, and other relevant agencies and industry to reduce 
the amount of time to permit and deploy new fish passage and 
invasive fish species removal technologies in rivers and 
waterways.
    The Committee notes the emergence of Ocean Thermal Energy 
Conversion (OTEC) and Sea Water Air Conditioning (SWAC) systems 
in the United States and the potential to produce sustainable 
electricity, reduce carbon dioxide emissions, and diversify 
fuel options while creating job opportunities. The Department 
is directed to submit not later than 180 days after enactment 
of this Act a report on completed, ongoing, and planned OTEC 
and SWAC projects in non-contiguous states and U.S. 
territories. The report should also include recommendations to 
address barriers to expanding OTEC and SWAC technologies.
    Geothermal Technologies.--The recommendation provides 
$108,500,000 for Geothermal Technologies. The Department is 
directed to continue its efforts to identify prospective 
geothermal resources in areas with no obvious surface 
expressions. Within available funds, up to $10,000,000 is 
provided for at least one demonstration project in an area with 
no obvious surface expressions. The Department is further 
directed to fund at least one demonstration of geothermal 
technologies for innovative distribution of ground source 
heating and cooling of district heating systems. The Department 
is encouraged to work with the Department of the Interior on 
opportunities to improve geothermal permitting.
    Within available funds, up to $20,000,000 is provided for 
the continuation of activities of the Frontier Observatory for 
Research in Geothermal Energy (FORGE).

                           ENERGY EFFICIENCY

    The Advanced Manufacturing, Building Technologies, Federal 
Energy Management, and Weatherization and Intergovernmental 
programs advance cost-effective solutions to reduce energy 
consumption through increased efficiency. Research into 
cutting-edge technologies that enhance manufacturing processes, 
develop advanced materials, and reduce energy use in buildings, 
homes, and factories can serve the national interest by greatly 
reducing our energy needs, while also giving American 
manufacturers an advantage to compete in the global 
marketplace.
    Advanced Manufacturing.--The recommendation provides 
$395,000,000 for Advanced Manufacturing. The Committee provides 
not less than $5,000,000 for improvements in the steel 
industry; $25,000,000 for the Critical Materials Institute; 
$25,000,000 for the Energy-Water Desalination Hub; and 
$25,000,000 for the Manufacturing Demonstration Facility (MDF) 
and the Carbon Fiber Test Facility. Within available funds for 
the MDF, up to $5,000,000 is for the development of processes 
for hybrid materials solutions with prescribed microstructural 
and mechanical properties to enable born qualified and 
certified components. The Committee supports the Department's 
ongoing efforts with the MDF to work on bio-based composites, 
bio-derived materials, and nano/microcellulose research to 
further capabilities for large scale additive manufacturing.
    The Committee provides $14,000,000 for the Clean Energy 
Manufacturing Innovation Institutes. The Department is directed 
to brief the Committee not later than 60 days after enactment 
of this Act on the status of the Institute for Cybersecurity in 
Energy Efficient Manufacturing.
    The Committee provides $20,000,000 for process-informed 
science, design, and engineering of materials and devices in 
harsh environments, including nuclear environments, and 
$10,000,000 for dynamic catalyst science coupled with data 
analytics.
    Within available funds for the Industrial Technical 
Assistance program, the Committee recommends $12,000,000 to 
provide ongoing support for the Combined Heat and Power (CHP) 
Technical Assistance Partnerships (TAP) and related CHP 
Technical Partnership activities, including $5,000,000 for TAPs 
and $7,000,000 for related CHP activities, including research 
and development opportunities. The Committee recommends 
$12,000,000 to expand the technical assistance provided by the 
Industrial Assessment Centers.
    The Committee recognizes the great potential for energy 
savings in water and wastewater treatment systems, which are 
among the country's largest industrial electricity users. The 
Committee appreciates the Department's work on technical 
assistance in this area, and the recommendation provides 
$5,000,000 for technical assistance for water and wastewater 
treatment. In addition, the Committee provides $20,000,000 for 
research and development on technologies to achieve energy 
efficiency at water and wastewater treatment plants, including 
the deployment of alternative energy sources and the use of 
biosolids or algae treatment.
    The Committee recognizes the need to retain American 
competitiveness in building the vehicles of the future and to 
rebuild the domestic automobile industry. Therefore, the 
Committee recommends $10,000,000 for the development of 
advanced tooling for lightweight automotive components to lead 
the transition to electric vehicle and mobility solutions to 
meet the national urgency for market adoption. This funding 
shall also support activities to carry out industry outreach to 
identify and report on the breadth of need and potential 
applicants for such grants.
    Within available funds, the Committee provides not less 
than $10,000,000 for continued work on battery manufacturing 
research and development that includes strong end user 
participation.
    The Committee notes that drying processes consume 
approximately 10 percent of the process energy used in the 
manufacturing sector. The recommendation provides up to 
$10,000,000 for the issuance of a competitive solicitation for 
university- or industry-led teams to improve the efficiency of 
industrial drying processes and foster new and innovative 
drying technologies.
    The Committee encourages the Department to support 
improving steel industry competitiveness by integrating 
advanced 3D computer simulation and visualization, augmented 
reality and virtual reality, machine learning, and similar 
technologies for both research and workforce development, as 
well as collaboration with academic institutions and the steel 
industry.
    The Committee directs the Department to provide to the 
Committee not later than 60 days after enactment of this Act a 
briefing on the status of its decarbonization roadmaps in key 
technology areas to guide research and development at the 
Department to achieve significant, economical greenhouse gas 
emission reductions by 2050, including energy efficiency, 
process electrification, industrial electrification 
technologies, and carbon capture.
    The Committee encourages research and development on carbon 
capture, utilization, and storage with an emphasis on reuse 
utilization within industry processes and materials, low-carbon 
fuels, transformative technology that will allow deep 
industrial decarbonization, materials efficiency and circular 
economy, carbon intensity definitions and labeling across key 
product groups, and the steel industry.
    The Committee recognizes the growing need for the use of 
more sustainable chemistry in consumer and commercial products, 
which can create significant value as an economic opportunity 
for U.S. manufacturing. The Committee provides up to $5,000,000 
for efforts related to sustainable chemistry. The Department is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act a report exploring how 
incorporating sustainable chemistry in consumer and commercial 
manufacturing processes fits within its research and 
development portfolio and can benefit these processes.
    The Committee supports the Department's continued work on 
the development of aluminum alloy and provides $5,000,000 for 
this effort.
    The Committee supports the Department's efforts to develop 
the next generation of energy and manufacturing entrepreneurs 
through the Lab-Embedded Partnership Programs. The Department 
is directed to brief the Committee not later than 90 days after 
enactment of this Act on the status of existing programs and 
the potential for establishing additional programs at national 
laboratories or DOE sites.
    The Committee recognizes the important contributions made 
by the clean energy manufacturing institutes. The Committee 
notes that the fiscal year 2020 National Defense Authorization 
Act allows the renewal of such institutes and encourages the 
Department to consider funding renewals for institutes as 
appropriate.
    The Committee supports continued efforts at the Lithium 
Research Center to convert lithium chloride to lithium 
hydroxide.
    Building Technologies.--The recommendation provides 
$285,000,000 for Building Technologies. The Committee directs 
the Department to maintain existing transactive control 
research efforts and provides not less than $30,000,000 for 
building-grid integration research and development consistent 
with a transactive energy system and, in coordination with the 
Office of Electricity transactive energy systems program, 
integration of renewable energy assets, such as photovoltaics, 
associated hardware and software development, and the 
establishment of a living-learning laboratory that integrates 
education for training of new and current professionals. The 
Committee includes not less than $50,000,000 for Commercial 
Buildings Integration, not less than $40,000,000 for 
Residential Buildings Integration, not less than $140,000,000 
for Building Energy Research and Development, and $25,000,000 
for solid-state lighting. If the Secretary finds solid-state 
lighting technology eligible for the twenty-first century lamp 
prize, specified under section 655 of the Energy Independence 
and Security Act of 2007, $5,000,000 is provided in addition to 
funds recommended for lighting research and development.
    The Committee includes not less than $55,000,000 for 
Equipment and Buildings Standards, of which not less than 
$10,000,000 is for Building Energy Codes.
    The Committee supports continued innovative housing 
research that encourages the design, construction, and 
retrofitting of energy efficient, fire hardened, and resilient 
residential homes and commercial buildings, and the Committee 
encourages the Building America Program to prioritize funding 
for resiliency solutions that also meet the energy code and 
reach codes. The Committee encourages collaborative efforts 
between the Building America Program and the national 
laboratories, industry, community-based organizations, and 
local communities that are making notable progress in 
developing construction techniques and identifying building 
materials to actively mitigate fire risk.
    The Committee supports novel research and development 
technologies to impact commercial buildings by developing, 
building, and evaluating wood-based construction technologies, 
including off-site manufactured wood-based wall systems for 
embodied resiliency, energy content, operating energy 
efficiency, wall moisture profiles, and structural connector 
durability.
    The Committee notes that natural gas plays an important 
role in meeting the energy needs of U.S. homes and commercial 
buildings. The Committee encourages the Department to continue 
to explore research and development that can advance future 
natural gas systems and appliances to meet consumer demand for 
high efficiency and environmentally friendly products. The 
Department is encouraged to continue research, development, and 
market transformation programs related to the direct use of 
natural gas and propane gas in residential applications, 
including gas heat pumps with power generation and water 
heating, on-site combined heat and power, and on-site micro-
combined heat and power to include integration with renewables.
    The Committee supports the Department's continued work on 
thermal and electric heat pumps but remains concerned that 
further research is needed to test and evaluate these 
technologies in the field. The Department is directed to 
provide the Committee not later than 90 days after enactment of 
this Act a briefing regarding the status of these efforts and 
the potential need for a consortium.
    Federal Energy Management Program.--The recommendation 
provides $40,000,000 for the Federal Energy Management Program. 
Within available funds, $2,000,000 is for the Performance Based 
Contract National Resource Collaborative Initiative to provide 
expertise to state and local governments to facilitate the 
expansion of performance-based contracts nation-wide. The 
Committee awaits the report directed in the fiscal year 2020 
Act that outlines the types of technical and financial 
expertise the Department is suited to provide and includes an 
analysis of the available infrastructure work that can be 
accomplished through performance-based contracts over a 10-year 
period and the resources necessary to achieve this goal. The 
Department is directed to provide this report not later than 30 
days after enactment of this Act.
    The recommendation provides $11,000,000 for the Department 
to continue its work through the Assisting Federal Facilities 
with Energy Conservation Technologies (AFFECT) program.
    Weatherization and Intergovernmental Programs.--The 
Committee rejects the proposed elimination of the 
Weatherization Assistance Program and provides $310,000,000. 
The Committee directs the Department to ensure a timely 
distribution of Weatherization Assistance Program funds. The 
Committee also encourages the Department to continue its 
oversight of grantees to ensure that funds are dispersed to 
weatherization providers in a timely manner.
    The Committee provides $500,000 for technical assistance to 
continue the Sustainable Wastewater Infrastructure of the 
Future Accelerator.
    The fiscal year 2020 Act directed the Department to provide 
a briefing on its collaborative efforts with the U.S. 
Department of Health and Human Services, the U.S. Department of 
Housing and Urban Development, and the U.S. Department of 
Veterans Affairs. The Committee is still awaiting this briefing 
and directs the Department to provide the briefing not later 
than 30 days after enactment of this Act.
    The Committee believes that community-scale weatherization 
efforts could focus on individual homes or units as part of a 
broader, innovative ``neighborhood'' approach to 
weatherization. The fiscal year 2020 Act directed the 
Department to provide a report that analyzes the feasibility of 
community-scale weatherization efforts and the Committee looks 
forward to a timely receipt of this report. The recommendation 
provides $1,500,000 within funds for technical assistance to 
create a pilot that supports community and neighborhood scale 
weatherization, including the feasibility of integrating 
renewable and alternative energy infrastructure. These funds 
shall be made available to grantees that present targeted and 
innovative use of these funds to model methods for 
weatherization integration with various other programs 
including but not limited to the HOME Investment Partnership 
Program, Low-Income Home Energy Assistance Program, and 
programs at the U.S. Department of Veterans Affairs. The 
Department shall regularly brief the Committee on progress to 
implement this pilot project, beginning not later than 90 days 
after enactment of this Act.
    The Committee recognizes that lead exposure is exacerbated 
by outdated windows and windowpanes and understands that the 
Department has made progress in replacing leaded windows. The 
Committee encourages the Department to include benefits from 
eliminated lead exposure in the calculation of the savings-to-
investment ratio. The Department is also encouraged to allow 
program funds to be used to replace leaded windows with 
EnergyStar rated windows.
    The Committee rejects the proposed elimination of the State 
Energy Program and provides $65,000,000.

                           CORPORATE SUPPORT

    The Program Direction, Strategic Programs, and Facilities 
and Infrastructure budgets provide necessary resources for 
program and project management across all of EERE's technology 
programs, for the adoption of technologies to market, and for 
the operation and upkeep of the National Renewable Energy 
Laboratory.
    Facilities and Infrastructure.--The recommendation provides 
$128,740,000 for Facilities and Infrastructure. The Committee 
supports the continued planned upgrades to the National Wind 
Energy Technology Center. The Department is encouraged to 
demonstrate a commitment to operations and maintenance of 
facilities that support the Department's critical missions 
within EERE.
    Program Direction.--The recommendation provides 
$165,000,000 for Program Direction. The Committee acknowledges 
that the Department is taking steps to hire staff and 
encourages an aggressive strategy to ensure that EERE is 
appropriately staffed to carry out and oversee the funds 
provided by the Committee. The Committee expects continued, 
regular updates on its progress, beginning not later than 45 
days after enactment of this Act.

         Cybersecurity, Energy Security, and Emergency Response


 
 
 
Appropriation, 2020...................................      $156,000,000
Budget estimate, 2021.................................       184,621,000
Recommended, 2021.....................................       160,000,000
Comparison:
    Appropriation, 2020...............................        +4,000,000
    Budget estimate, 2021.............................       -24,621,000
 

    The Cybersecurity, Energy Security, and Emergency Response 
program leads the Department's efforts to secure the nation's 
energy infrastructure against all hazards, reduce the risks of 
and impacts from cyber events, and assist with restoration 
activities. A reliable and resilient power grid is critical to 
the nation's economic competitiveness and leadership.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Committee places a high priority on ensuring the 
protection of the grid against cyberattacks and extreme weather 
events caused by climate change. The Committee appreciates the 
Department's enhanced focus on these activities. Many different 
actors, governmental and private, play a role in preventing and 
responding to threats to the nation's energy infrastructure. 
The Committee expects the Department to continue coordinating 
its efforts with all stakeholders to ensure the highest 
priority areas are being addressed effectively in its ongoing 
efforts to protect the grid.
    Grid security and resiliency are issues of paramount 
importance to national security. The nation continues to face 
global cybersecurity threats from nations such as Iran, Russia, 
and North Korea, which have launched documented cyberattacks on 
the country. U.S. electric grid infrastructure remains a top 
target, and the Committee encourages the Department to work 
with electric cooperatives, public utility districts, investor-
owned utilities, and municipal utilities to plan and build out 
needed cybersecurity infrastructure.
    The Committee is aware of an advanced cyber analytics tool 
currently utilized within the Department that maps classified 
and unclassified networks and encourages consideration of this 
tool for other applications with the Department, as 
appropriate.
    The Committee directs the Department to collaborate with 
other federal agencies on cybersecurity efforts to ensure 
effective contributions to the overall success of the federal 
critical infrastructure security mission.
    Cybersecurity for Energy Delivery Systems.--Within 
available funds, $5,000,000 is for consequence-driven cyber-
informed engineering and $5,000,000 is for the DarkNet project.
    Infrastructure Security and Energy Restoration.--The fiscal 
year 2020 Act directed the Department to provide a report 
explaining the rationale for establishing any new testing 
capabilities designed to examine the vulnerabilities of the 
energy sector from threats such as electromagnetic pulse and 
geomagnetic disturbances and an inventory of existing 
capabilities that could serve this function. The Committee is 
still awaiting this report and directs the Department to 
provide the report not later than 30 days after enactment of 
this Act and prior to any funds being obligated for the 
establishment of any new testing capabilities.

                              Electricity


 
 
 
Appropriation, 2020...................................      $190,000,000
Budget estimate, 2021.................................       195,045,000
Recommended, 2021.....................................       195,000,000
Comparison:
    Appropriation, 2020...............................        +5,000,000
    Budget estimate, 2021.............................           -45,000
 

    The Office of Electricity advances technologies and 
provides operational support to increase the efficiency and 
technological advancement of the nation's electricity delivery 
system. The power grid employs aging technologies at a time 
when power demands and the deployment of new energy 
technologies are imposing new stresses on the system. This 
program aims to develop a modern power grid by advancing 
resilient power distribution systems, intelligent and high-
efficiency grid components, and energy storage systems.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    Transmission Reliability and Resilience.--Within available 
funds, the recommendation provides not less than $1,000,000 for 
sensors and analytics technologies.
    Within available funds, the recommendation provides not 
less than $500,000 for the Department to designate an 
appropriate section of grid or distinct microgrid to undertake 
a field test of utility poles constructed of composite 
materials to determine the benefit, if any, to overall grid 
infrastructure resilience from environmental factors. The 
Department shall submit to the Committee not later than 180 
days after enactment of this Act a report that assesses the 
performance of composite poles, taking into account price; 
durability; resilience to the effects of extreme weather; 
ongoing maintenance costs; and ease of repair, preplacement, or 
upgrade, giving special consideration to performance in 
watersheds and flood-prone environments.
    The fiscal year 2020 Act directed the Department to provide 
a report outlining the barriers and opportunities for 
technologies that provide increased, more efficient, or more 
effective delivery over the existing transmission network. The 
Committee is still awaiting this report and directs the 
Department to provide the report not later than 30 days after 
enactment of this Act.
    The Committee notes the potential to more effectively 
manage the bulk electric power system by adjusting ratings of 
power lines through dynamic line rating equipment. The 
Department is directed to submit to the Committee not later 
than 180 days after enacted of this Act a report on ways to 
maximize utilization of the existing electricity delivery 
system by enabling dynamic line ratings, dynamically 
controlling the flow of electricity, and optimizing electricity 
delivery system topology. The report shall consider utilization 
of sensors, development of power flow control devices and 
analytical tools, and novel control mechanisms that would allow 
maximized transmission of electricity and improvement of grid 
resilience by adjusting line ratings according to weather 
conditions, controlling flow of electricity with power flow 
control devices, and optimizing topology of electricity 
delivery systems through dynamically switching network 
configuration.
    The Committee is interested in the possible impacts of 
increased bulk transmission efficiency in general, and of 
dynamic line rating technology specifically, on retail power 
rates. The Department is directed to conduct a case study on 
regional, wide-spread deployment of dynamic line rating 
technologies to assess the potential benefits and costs. The 
Department is directed to submit to the Committee not later 
than 180 days after enactment of this Act a report that 
summarizes the findings of the case study.
    Resilient Distribution Systems.--Within available funds, 
the Committee directs the Department to continue efforts to 
support the integration of sensors into the nation's electric 
distribution systems, fundamental research and field validation 
of microgrid controllers and systems, and transactive energy 
concepts, including studies and evaluations of energy usage 
behavior in response to price signals. The Committee places a 
high priority on addressing the challenges facing the electric 
power grid by developing the innovative technologies, tools, 
and techniques to modernize the distribution portion of the 
electricity delivery system. Resilient Distribution Systems 
pursues strategic investments to improve reliability, 
resilience, outage, recovery, and operational efficiency, 
building upon previous and ongoing grid modernization efforts.
    In addition to emerging technologies for distributed grids, 
the Committee recommends that currently available distributed 
fuels, such as propane fueled microgrids, combined heat and 
power, and demand response, be evaluated.
    Within available funds, the Committee directs the 
Department to support the demonstration of interconnected 
systems, including in rural areas, of microgrids that operate 
independently and are ideal for providing energy assurance. The 
microgrid demonstrations should feature solar generation, 
storage, smart controls, and other grid technologies.

                             Nuclear Energy


 
 
 
Appropriation, 2020...................................    $1,493,408,000
Budget estimate, 2021.................................     1,179,931,000
Recommended, 2021.....................................     1,435,800,000
Comparison:
    Appropriation, 2020...............................       -57,608,000
    Budget estimate, 2021.............................      +255,869,000
 

    Nuclear power generates approximately one-fifth of the 
nation's electricity and continues to be an important zero 
carbon-emissions energy source. The Department of Energy's 
Nuclear Energy (NE) program invests in research, development, 
and demonstration activities that develop the next generation 
of clean and safe reactors, further improve the safety and 
economic viability of our current reactor fleet and contribute 
to the nation's long-term leadership in the global nuclear 
power industry.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    Given past concerns about the Department's use of 
flexibility in funds previously provided, the Committee has 
continued to include additional control points for fiscal year 
2021. The Department is directed to submit its fiscal year 2022 
budget request using this budget structure.
    Nuclear Energy University Program.--Since 2009, the 
Department has allocated up to 20 percent of funds appropriated 
to Nuclear Energy Research and Development (NEUP) programs to 
fund university-led R&D and university infrastructure projects 
through an open, competitive solicitation process using 
formally certified peer reviewers. The Department is directed 
to continue this practice, with not less than $40,000,000 for 
R&D activities performed at U.S. colleges and universities. The 
Department is directed to provide the Committee quarterly 
briefings on the status of NEUP and the university work being 
funded, beginning not later than 90 days after enactment of 
this Act.
    Integrated University Program.--The Committee is alarmed by 
the statistics highlighting the severe shortage of highly 
trained nuclear specialists and the lack of academic programs 
to train and prepare individuals for work in the nuclear 
sector. The recommendation includes $5,000,000 to continue the 
Integrated University Program, which is critical to ensuring 
the nation's nuclear science and engineering workforce in 
future years.
    Uranium Reserve.--The budget request proposes to establish 
a new Uranium Reserve. The Department has been unable to 
provide specific information about how it would implement the 
program, including in congressional justifications, briefings, 
and in responses to questions from the Committee about how the 
funds would be spent, including the process for the purchase, 
conversion, or sale of uranium in a reserve. The Committee is 
concerned about the lack of justification for a reserve and 
potential market implications of establishing a reserve for 
commercial purposes. The Committee also notes that the 
Department will require a domestic source of uranium for 
defense purposes in the coming decades. The Department is 
directed to submit to the Committee not later than 180 days 
after enactment of this Act a plan for the proposed 
establishment of a uranium reserve. The plan shall include the 
legal authorities in place or needed to establish and operate a 
uranium reserve, including the purchase, conversion, and sale 
of uranium; a ten-year implementation plan of the activities 
for establishment and operations of a uranium reserve; and a 
ten-year cost estimate. No funds are provided for the 
establishment of a uranium reserve, and no funds may be spent 
on activities related to the establishment of a uranium reserve 
other than the development of the required plan.

                  NUCLEAR ENERGY ENABLING TECHNOLOGIES

    Nuclear Science User Facilities.--Within available funds, 
the recommendation includes not less than $10,000,000 for 
nuclear energy computation system and support and not less than 
$3,000,000 for Nuclear Materials Discovery and Qualification.
    Crosscutting Technology Development.--Within available 
funds, the recommendation includes $5,000,000 for research 
collaborations between research universities and national 
laboratories utilizing existing capabilities and infrastructure 
focused on the benefits, as well as vulnerabilities of digital 
instrumentation for existing and future nuclear reactors, 
including the use of new approaches, such as predictive 
analytics, machine learning, and artificial intelligence, to 
improve reactor safety and performance and address 
cybersecurity issues. The Department is encouraged to continue 
activities related to materials development, including through 
public-private partnerships to develop new materials the 
nuclear industry will need in the future.

                  FUEL CYCLE RESEARCH AND DEVELOPMENT

    Material Recovery and Waste Form Development.--Within 
available funds, the recommendation provides not less than 
$10,000,000 for EBR-II Processing for High-Assay Low Enriched 
Uranium (HALEU).
    Accident Tolerant Fuels.--The recommendation provides not 
less than $55,600,000 to continue the participation of three 
industry-led teams for the cost-shared research and development 
program, and the recommendation provides not less than 
$20,000,000 to support accident tolerant fuels development at 
the national laboratories and other facilities, including the 
Advanced Test Reactor and Transient Reactor Test Facility. The 
recommendation provides $15,000,000 for industry-led efforts 
for testing, code development, and licensing of higher-enriched 
and higher burnup fuels. The Department is encouraged to 
continue development of silicon carbide ceramic matrix 
composite cladding to be used in light water reactors, 
especially through public-private partnerships. The Committee 
encourages the Department to evaluate accident tolerant fuel 
irradiation testing capability gaps resulting from the closure 
of the Halden reactor.
    Used Nuclear Fuel Disposition R&D.--The Committee is aware 
of the Department's ongoing research and development efforts 
regarding the safe transportation of spent nuclear fuel and 
directs the Department to continue to study the behavior of 
spent fuel under transportation conditions and opportunities to 
improve safety of spent fuel rods during transportation.
    Integrated Waste Management System.--Within available 
funds, the Department is directed to continue site preparation 
activities at stranded sites, to evaluate the re-initiation of 
regional transport, and undertake transportation coordination 
efforts. Additionally, the Committee notes that spent nuclear 
fuel is in many cases located in or near cities and Indian 
reservations. As the Department continues to plan for an 
integrated waste management system for our nation's spent 
nuclear fuel, the Committee encourages the Department to 
include planning for the removal of spent nuclear fuel from 
sites located near cities and Indian reservations.

       REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION

    Advanced Small Modular Reactor RD&D.--Within available 
funds, the recommendation provides $10,000,000 for the Joint 
Use Modular Program.
    Light Water Reactor Sustainability.--Within available 
funds, the recommendation provides $10,000,000 to support new 
or previously awarded hydrogen demonstration projects.
    Advanced Reactor Technologies.--Within available funds, the 
recommendation provides $20,000,000 for public-private 
partnerships focused on advancing reactor designs towards 
demonstration phase and not less than $15,000,000 for MW-scale 
reactor research and development.

                ADVANCED REACTORS DEMONSTRATION PROGRAM

    The Committee is encouraged by the Department's pace of 
activities to establish the Advanced Reactors Demonstration 
Program. This program will help facilitate the accelerated 
development and deployment of advanced reactors. The Department 
is directed to continue to streamline its procurement process 
and aggressively act to ensure implementation is not delayed.
    Advanced Reactor Demonstrations.--The Department is 
reminded to focus resources on partners able to provide the 
required portion of cost share and capable of project delivery 
in the next five to seven years.

                             INFRASTRUCTURE

    INL Facilities Operations and Maintenance.--Within 
available funds, the recommendation includes $280,000,000 for 
INL Nuclear Facilities Operations and Maintenance to support 
the reliability and sustainability of the Materials and Fuels 
Complex (MFC) and the Advanced Test Reactor (ATR).
    Idaho Sitewide Safeguard and Security.--The recommendation 
includes $137,800,000 for Idaho Sitewide Safeguards and 
Security, the same as the budget request.

                 Fossil Energy Research and Development


 
 
 
Appropriation, 2020...................................      $750,000,000
Budget estimate, 2021.................................       730,601,000
Recommended, 2021.....................................       727,500,000
Comparison:
    Appropriation, 2020...............................       -22,500,000
    Budget estimate, 2021.............................        -3,101,000
 

    Fossil energy resources, such as coal, oil, and natural 
gas, generate a significant portion of the nation's electricity 
and will continue to contribute to those needs for the 
foreseeable future. The Fossil Energy Research and Development 
program funds research, development, and demonstration 
activities to improve existing technologies and to develop 
next-generation systems in the full spectrum of fossil energy 
areas. The activities funded within this program advance our 
nation's position as a leader in energy technologies and ensure 
the safe, reliable, efficient, and environmentally sound use of 
fossil energy resources.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    Consistent with direction provided in previous fiscal 
years, the Committee does not support the closure of any 
National Energy Technology Laboratory (NETL) site and provides 
no funds to plan, develop, implement, or pursue the 
consolidation or closure of any of the NETL sites.
    The Committee encourages the Department to develop 
educational partnerships focused on carbon capture and storage, 
methane capture and storage, and emission mitigation 
technologies. The Committee directs the Department to submit to 
the Committee not later than 90 days after enactment of this 
Act a report detailing possible education partnerships in these 
areas.
    The Committee notes that liquefied petroleum gases, 
including propane, are increasingly being generated from 
renewable sources. The recommendation provides up to $4,000,000 
for a demonstration project to show the increased viability of 
renewable liquefied petroleum gases.

                         CCUS AND POWER SYSTEMS

    Carbon capture, utilization, and storage is a process that 
captures carbon dioxide emissions from sources and either 
reuses or stores it so it will not enter the atmosphere. The 
potential for these technologies is considerable, and the use 
of these technologies will decrease the costs for mitigating 
climate change in addition to deploying clean energy and energy 
efficient technologies.
    The Committee encourages the Department to continue to 
support the Clean Energy Research Consortium: Advanced Coal 
Technology Consortium program. The Committee encourages the 
Department to continue support for the National Carbon Capture 
Center.
    Carbon Capture.--The Committee encourages the Department to 
focus its efforts on improving the efficiency and decreasing 
the costs of carbon capture technologies, demonstrating carbon 
capture technologies, and identifying how these technologies 
can be integrated with business models and operations. This 
focus includes small- and large-scale pilot testing of 
technologies moving through the program pipeline and retrofit 
activities on the existing fleet. The Committee directs the 
Department to increase public-private partnerships and natural 
gas-based carbon capture research program opportunities.
    Within available funds, the recommendation provides not 
less than $8,000,000 for research and optimization of carbon 
capture technologies at industrial facilities and not less than 
$10,000,000 for research and optimization of carbon capture 
technologies for natural gas power systems.
    Within available funds, the recommendation provides not 
less than $15,000,000 for a new solicitation for Front-End 
Engineering and Design (FEED) studies of commercial-scale 
carbon capture projects that generate carbon dioxide suitable 
for geologic storage, with at least two of these studies 
supporting projects at industrial facilities such as a steel or 
cement facility. A FEED study shall incorporate work from 
feasibility studies and testing to provide specific project 
definition; engineering including specifications; scopes of 
work; schedules for the detailed design, material procurement, 
and construction; estimate of total installed cost for the 
project; and environmental and non-environmental permitting 
requirements.
    Carbon Utilization.--The recommendation provides separate 
funding for carbon utilization activities that were previously 
funded through Carbon Storage, and the recommendation funds 
Carbon Use and Reuse activities under Carbon Utilization. The 
Committee anticipates carbon utilization technologies to mature 
in the coming years. Therefore, the Committee directs the 
Department to significantly advance carbon utilization 
activities over the next five years with specific technology 
goals and milestones to ensure that the Department is using its 
resources in the most efficient manner.
    The recommendation includes $30,000,000 for Carbon 
Utilization for research and development activities to support 
valuable and innovative uses of captured carbon, including 
biological utilization by the conversion of carbon dioxide to 
higher-value products such as chemicals, plastics, building 
materials, curing for cement, and the integration of carbon 
utilization technologies with fossil fuel power plants, such as 
biological conversion systems.
    The recommendation provides not less than $8,000,000 for a 
competitive solicitation to conduct tests of technologies for 
carbon dioxide absorption integrated with algae systems for 
capturing and re-using carbon dioxide to produce useful fuels 
and chemicals, giving priority for teams with university 
participants.
    Carbon Storage.--The Carbon Storage subprogram shall focus 
on the development of technologies for the safe and secure 
storage of captured carbon dioxide. The recommendation funds 
Carbon Use and Reuse activities previously funded under Carbon 
Storage under Carbon Utilization.
    Advanced Energy Systems.--Within available funds, the 
recommendation provides $30,000,000 for Solid Oxide Fuel Cell 
(SOFC) systems for distributed and central power generation, 
electrolysis, SOFC combined heat and power, and storage 
applications.
    Within available funds, the recommendation provides 
$35,000,000 for Advanced Turbines, and the Committee directs 
the Department to use these funds for a research and 
development program to improve the efficiency of gas turbines 
used in power generation systems, working cooperatively with 
industry, universities, and other appropriate parties.
    Within available funds, the recommendation provides up to 
$15,000,000 for the Coal FIRST Initiative.
    Cross Cutting Research.--Within available funds, the 
recommendation includes not less than $40,000,000 for plant 
optimization technologies, including materials R&D, water 
management R&D, and sensors and controls. Within available 
funds for materials R&D, the recommendation includes 
$21,000,000 for the Advanced Ultrasupercritical Program to 
fabricate, qualify, and develop domestic suppliers capable of 
producing components from high temperature materials.
    Within available funds, the recommendation includes 
$29,500,000 to develop economically competitive and sustainable 
domestic supply of rare earth elements and critical materials 
to assist in maintaining economic growth and national security.
    NETL Coal Research and Development.--The recommendation 
includes the budget request proposal to move the Critical 
Materials Initiative to Cross Cutting Research. The 
recommendation provides funds for the remaining activities 
previously funded by NETL Coal Research and Development in the 
funding under NETL Research and Operations and NETL 
Infrastructure.
    Supercritical Transformational Electric Power (STEP) 
Generation.--Within available funds, the Committee supports 
efforts, consistent with the original scope of work, to 
complete the necessary design and construction of the 10-MW 
pilot and to conduct the necessary testing for the facility. 
The Committee is concerned about repeated cost overruns for the 
project, and the Department is directed to brief the Committee 
not later than 90 days after enactment of this Act and prior to 
the obligation of any funds on an updated scope and cost 
profile that incorporates all past, current, and potential 
future cost increases necessary to complete the project. The 
recommendation provides additional funds for competitively 
awarded research and development activities, coordinated with 
the Offices of Nuclear Energy and Energy Efficiency and 
Renewable Energy, to advance the use of supercritical power 
cycles.

                        NATURAL GAS TECHNOLOGIES

    Research.--Within available funds, the recommendation 
provides up to $5,200,000 for the Risk Based Data Management 
System. The Department is directed to submit to the Committee 
not later than 180 days after enactment of this Act a plan on 
how to fully transition the functionality and responsibility of 
the Risk Based Data Management System to states as called for 
in the budget request.
    Within available funds, the recommendation provides 
$15,000,000 for Emissions Mitigation from Midstream 
Infrastructure and $7,000,000 for Emissions Quantification from 
Natural Gas Infrastructure.
    The Department is encouraged to explore technologies that 
curtail methane gas emissions from flaring and venting in shale 
formations. The fiscal year 2020 Act directed the Department to 
provide a report on these activities. The Committee is still 
awaiting this report and directs the Department to provide the 
report not later than 30 days after enactment of this Act.
    The Committee encourages coordination with industry and the 
Pipeline and Hazardous Materials Safety Administration on 
methane leak detection technology development. The Committee 
remains supportive of investment in smart pipeline sensors and 
controls, internal pipeline inspection and repair, and 
composite and advanced material science technologies. The 
Committee encourages the Department to consider expanded use of 
gas pressure monitoring, both real time and hourly, in 
distribution systems to improve system integrity and safety.
    The Department is directed to submit to the Committee not 
later than 90 days of enactment of this Act a research plan for 
natural gas utilization for purposes in addition to power 
generation and direct use applications. Natural gas utilization 
can include processes for converting natural gas and carbon-
based feedstocks to higher-value products--including chemicals, 
liquids and hydrogen. The plan shall include research and 
development activities, including materials research, 
artificial intelligence and machine learning tools, gas 
conversion and separation technologies, new process flowsheets 
such as modular units, and novel uses for light hydrocarbons to 
produce commercial and industrial products, and demonstration 
activities that may be needed to test the performance and cost-
effectiveness of new gas conversion technologies.
    The recommendation includes up to $5,000,000 for university 
research and field investigations in the Gulf of Mexico to 
confirm the nature, regional context, environmental impacts, 
and hydrocarbon system behavior of gas hydrate deposits and the 
impacts of produced water.
    Within available funds, the Department is encouraged to 
coordinate with other agencies and states to maximize the 
benefits of U.S. unconventional natural gas liquids production.

               UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES

    The Committee recognizes the Department's continued 
investment in research and development on unconventional fossil 
energy technologies, including support for field laboratories.
    The Committee directs the Department to submit to the 
Committee not later than 180 days after enactment of this Act a 
report assessing the potential of using solid propellant fuel 
to generate gas, which will drive hydraulic systems to shut off 
unwanted flows or blow outs of oil or gas from onshore or 
offshore wells in the shortest possible time with the highest 
possible reliability and efficiency. The report shall include a 
research plan if additional work in this area is deemed merited 
after the Department's assessment.
    The Committee understands the Department, in partnership 
with the Department of Transportation, has completed its study 
of the volatility of crude oils, including oil from the Bakken 
Shale in North Dakota, to accurately assess and characterize 
volatility before transporting. The Department is directed to 
brief the Committee not later than 90 days after enactment of 
this Act on the findings and recommendations of the Crude Oil 
Characterization Study.

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2020...................................       $14,000,000
Budget estimate, 2021.................................        13,006,000
Recommended, 2021.....................................        13,006,000
Comparison:
    Appropriation, 2020...............................          -994,000
    Budget estimate, 2021.............................             - - -
 

    The Naval Petroleum and Oil Shale Reserves no longer serve 
the national defense purpose envisioned in the early 1900's, 
and consequently the National Defense Authorization Act for 
fiscal year 1996 required the sale of the government's interest 
in the Naval Petroleum Reserve 1 (NPR-1). To comply with this 
requirement, the Elk Hills field in California was sold to 
Occidental Petroleum Corporation in 1998. Following the sale of 
Elk Hills, the transfer of the oil shale reserves, and transfer 
of administrative jurisdiction and environmental remediation of 
the Naval Petroleum Reserve 2 (NPR-2) to the Department of the 
Interior, the Department retained one Naval Petroleum Reserve 
property, the Naval Petroleum Reserve 3 (NPR-3) in Wyoming 
(Teapot Dome field). The Department issued a disposition plan 
for NPR-3 in June 2013 and began implementation of the plan in 
fiscal year 2014. Transfer of NPR-3 to a new owner occurred in 
fiscal year 2015.

                      Strategic Petroleum Reserve


 
 
 
Appropriation, 2020...................................      $195,000,000
Budget estimate, 2021.................................       187,081,000
Recommended, 2021.....................................       195,000,000
Comparison:
  Appropriation, 2020.................................             - - -
  Budget estimate, 2021...............................        +7,919,000
 

    The mission of the Strategic Petroleum Reserve is to store 
petroleum to reduce the adverse economic impact of a major 
petroleum supply interruption to the United States and to carry 
out obligations under the international energy program.
    The recommendation includes funding to address facilities 
development and operations, including physical security and 
cavern integrity, and the recommendation provides $20,000,000 
to maintain 1,000,000 barrels of gasoline blendstock in the 
Northeast Gasoline Supply Reserve.
    No funding is requested for the establishment of a new 
regional petroleum product reserve, and no funding is provided 
for this purpose. Further, the Department may not establish any 
new regional petroleum product reserves unless funding for such 
a proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget request and approved 
by Congress in an appropriations Act.
    The Committee notes that regional supply disruptions of 
petroleum products were examined in the first installment of 
the Quadrennial Energy Review. If the Department further 
examines issues related to potential regional shortages of 
petroleum products, the Department is encouraged to explore 
options for expanded salt cavern storage of petroleum products, 
including in the western United States.

                         SPR Petroleum Account


 
 
 
Appropriation, 2020...................................       $10,000,000
Budget estimate, 2021.................................       -68,000,000
Recommended, 2021.....................................         7,500,000
Comparison:
    Appropriation, 2020...............................        -2,500,000
    Budget estimate, 2021.............................       +75,500,000
 

    The SPR Petroleum Account funds Strategic Petroleum Reserve 
acquisition, transportation, and drawdown activities. The 
fiscal year 2021 budget request proposes to draw down and sell 
one million barrels of SPR refined petroleum product and to 
retain a portion of the proceeds to fund the costs of drawdown 
operations related to statutorily-directed sales. The Committee 
rejects this proposal and instead provides discretionary 
appropriations for this purpose.

                   Northeast Home Heating Oil Reserve


 
 
 
Appropriation, 2020...................................       $10,000,000
Budget estimate, 2021.................................       -84,000,000
Recommended, 2021.....................................        10,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +94,000,000
 

    The acquisition and storage of heating oil for the 
Northeast began in August 2000 when the Department of Energy, 
through the Strategic Petroleum Reserve account, awarded 
contracts for the lease of commercial storage facilities and 
acquisition of heating oil. The purpose of the reserve is to 
assure home heating oil supplies for the Northeastern States 
during times of very low inventories and significant threats to 
the immediate supply of heating oil. The Northeast Home Heating 
Oil Reserve was established as a separate entity from the 
Strategic Petroleum Reserve on March 6, 2001.
    The Committee again rejects the proposed elimination of 
this reserve and instead provides $10,000,000 to maintain the 
reserve.

                   Energy Information Administration


 
 
 
Appropriation, 2020...................................      $126,800,000
Budget estimate, 2021.................................       128,710,000
Recommended, 2021.....................................       126,800,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................        -1,910,000
 

    The Energy Information Administration is a quasi-
independent agency within the Department of Energy established 
to provide timely, objective, and accurate energy-related 
information to the Congress, the executive branch, state 
governments, industry, and the public.
    The Committee encourages the Department to continue 
important data collection, analysis, and reporting activities 
on energy use and consumption, including the Commercial 
Buildings Energy Consumption Survey and the Residential 
Buildings Energy Consumption Survey. The Committee also 
encourages additional data collection on light-emitting diode 
bulbs, commercial building codes, and electric transmission.
    The Department is directed to submit to the Committee not 
later than 180 days after enactment of this Act a report on how 
the Energy Information Agency can supply increased data 
regarding the electricity consumption and emissions for retail 
electricity suppliers, and for city, within city limits, served 
by an electric utility. The report shall also include the 
potential costs and benefits associated with the collection and 
dissemination of such data, and identification of major 
suppliers and cities where collection and dissemination of such 
data could be completed at a reduced level of effort and cost.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2020...................................      $319,200,000
Budget estimate, 2021.................................       275,820,000
Recommended, 2021.....................................       315,000,000
Comparison:
    Appropriation, 2020...............................        -4,200,000
    Budget estimate, 2021.............................       +39,180,000
 

    Non-Defense Environmental Cleanup includes funds to manage 
and remediate sites used for civilian, energy research, and 
non-defense related activities. These past activities resulted 
in radioactive, hazardous, and mixed waste contamination that 
requires remediation, stabilization, or some other action.
    Small Sites.--The Committee provides $108,833,000 for small 
sites, of which $18,200,000 is for the Energy Technology 
Engineering Center (ETEC), $12,800,000 is for Idaho National 
Laboratory, $30,180,000 is for Lawrence Berkeley National 
Laboratory, and $47,653,000 is for Moab.
    ETEC.--The Committee is pleased with the progress of 
building demolition, including the recent agreement between the 
Department and the State of California enabling the demolition 
and removal of certain buildings. The Committee understands the 
Department continues to work with the State on the remaining 
buildings at the site and on expediting the State's 
environmental impact report, which must be completed prior to 
soil and groundwater remediation. The Committee remains 
concerned about soil and groundwater remediation and encourages 
the parties to use the 2007 Consent Order and 2010 
Administrative Order on Consent to enter negotiations on this 
topic. The Committee encourages the Department to continue 
working with the State of California on cleanup of the site. 
The Department is directed to continue to act in accordance 
with applicable laws, orders, regulations, and agreements with 
the State of California.
    Mercury Storage.--The recommendation includes legislative 
language to allow the Department to spend fees collected for 
the purpose of mercury storage.

      Uranium Enrichment Decontamination and Decommissioning Fund


 
 
 
Appropriation, 2020...................................      $881,000,000
Budget estimate, 2021.................................       806,244,000
Recommended, 2021.....................................       821,583,000
Comparison:
    Appropriation, 2020...............................       -59,417,000
    Budget estimate, 2021.............................       +15,339,000
 

    The Uranium Enrichment Decontamination and Decommissioning 
Fund was established by the Energy Policy Act of 1992 to fund 
the cleanup of gaseous diffusion plants at Portsmouth, Ohio; 
Paducah, Kentucky; and the East Tennessee Technology Park in 
Oak Ridge, Tennessee.
    Portsmouth.--The Committee continues to reject any attempt 
to barter, transfer, or sell uranium to pay for Portsmouth 
cleanup costs.

                                Science


 
 
 
Appropriation, 2020...................................    $7,000,000,000
Budget estimate, 2021.................................     5,837,806,000
Recommended, 2021.....................................     7,050,000,000
Comparison:
    Appropriation, 2020...............................       +50,000,000
    Budget estimate, 2021.............................    +1,212,194,000
 

    The Office of Science funds basic science research across 
national laboratories, universities, and other research 
institutions in support of American innovation and the 
Department's energy-focused missions. Through research in 
physics, biology, chemistry, and other science disciplines, 
these activities expand scientific understanding and secure the 
nation's leadership in energy innovation. This basic science 
research is crucial to enabling the nation to continue 
developing transformational energy technologies and to position 
itself to seize economic opportunities in the global energy 
markets of the future. The Office of Science is the nation's 
largest supporter of basic research in the physical sciences.
    The Office of Science includes the following programs: 
Advanced Scientific Computing Research, Basic Energy Sciences, 
Biological and Environmental Research, Fusion Energy Sciences, 
High Energy Physics, Nuclear Physics, Workforce Development for 
Teachers and Scientists, Science Laboratories Infrastructure, 
Safeguards and Security, and Program Direction. The Committee 
has placed a high priority on funding these activities in 
fiscal year 2021, given the private sector is not likely to 
fund research whose findings either have high non-commercial 
value or are not likely to be commercialized in the near or 
medium term. This work is vital to sustaining the scientific 
leadership of the United States and can provide the 
underpinnings for valuable intellectual property in the coming 
decades.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in front matter for the Department of 
Energy.
    The Department is reminded that section 301 of this Act 
prohibits the use of any appropriation, funds, or authority to 
initiate or resume any program, project, or activity or to 
prepare or initiate Requests for Proposals for a program, 
project, or activity if the program, project, or activity has 
not been funded by Congress. The Department is directed to 
provide to the Committee a plan that details all programs, 
projects, and activities to be funded in the Office of Science 
that are not directed by this recommendation or explicitly 
included in the fiscal year 2021 budget request. The plan shall 
be provided not later than 90 days after enactment of this Act 
and prior to any funds being obligated for those programs, 
projects, or activities. No funds may be obligated for 
programs, projects, or activities in the plan prior to approval 
by the Committee.
    Artificial Intelligence and Machine Learning.--The 
Committee appreciates the Department's continued focus on the 
development of foundational Artificial Intelligence and Machine 
Learning capabilities. The recommendation includes up to 
$125,000,000 for Artificial Intelligence and Machine Learning, 
and the Committee directs the Department to apply those tools 
to the Department's mission.
    Biomedical Sciences.--Collaborative research efforts 
between the Department and the National Institutes of Health 
(NIH) are developing breakthroughs in health research, 
including drug discovery, brain research, diagnostic 
technologies, and other biomedical research areas. The 
Department is encouraged to expand its relationships with NIH 
in order to work together more strategically to leverage the 
Department's research capabilities, including instrumentation, 
materials, modeling and simulation, and data science. The 
facilities and equipment funded in this Act support 
applications in many areas of biomedical research. Better 
coordination between the Department and NIH could be 
instrumental in assisting to develop the nation's health, 
security, and technologies with novel biomedical application. 
The fiscal year 2020 Act directed the Department to provide a 
plan that responds to the findings and recommendations in the 
Final Report of the Secretary of Energy Advisory Board Task 
Force on Biomedical Sciences. The Committee is still awaiting 
this plan and directs the Department to provide the plan not 
later than 30 days after enactment of this Act. The 
recommendation includes not less than $1,000,000 for 
collaboration with NIH within the Department's data and 
computational mission space.
    Exascale Computing Initiative.--The recommendation includes 
$474,945,000 for exascale activities.
    Quantum Information Sciences.--The Committee supports the 
Office of Science's coordinated and focused research program in 
quantum information science and technology. This emerging field 
of science promises to yield revolutionary new approaches to 
computing, sensing, and communication. The recommendation 
provides $235,000,000 for quantum information science, 
including not less than $120,000,000 for research and not less 
than $100,000,000 for up to five National Quantum Information 
Science Research Centers.
    Reorganization.--The Committee acknowledges the Office of 
Science's realignment of the Office of Accelerator R&D and 
Production and the Office of Isotope R&D and Production. The 
Department is directed to submit its fiscal year 2022 budget 
request using this new organizational structure. The Department 
is directed to coordinate across Advanced Scientific Computing 
Research, Basic Energy Sciences, Fusion Energy Sciences, High 
Energy Physics, and Nuclear Physics for its Strategic 
Accelerator Technology Initiative to support innovation in 
accelerator technologies, including magnets, optics, detectors, 
and sensors.
    Strategic Partnership Projects.--The Committee appreciates 
that the national laboratories are available to conduct work 
for other federal agencies on a reimbursable basis given the 
highly specialized and unique technical expertise and equipment 
available at the national laboratories, and strongly supports 
this work. However, the Committee is concerned about the 
Department's implementation and oversight of Strategic 
Partnership Projects, particularly for projects that have not 
received reimbursement payments from other agencies. The 
Department is directed to submit to the Committee not later 
than 30 days after enactment of this Act a report that 
inventories all Strategic Partnership Projects that have not 
received payment sufficient to cover completed or anticipated 
work being performed. The Department is directed to ensure that 
all Strategic Partnership Projects include requirements for 
receiving full funding prior to beginning work or an advance 
payment sufficient to cover anticipated cost of the work that 
will be performed for the first 30 days of the Strategic 
Partnership Project followed by advanced payments for 30 day 
increments thereafter. If the agreement must deviate from these 
guidelines, then the Department shall notify the Committee not 
less than 10 business days prior to the change.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $99,500,000 
for the Office of Science to prevent, prepare for, and respond 
to coronavirus.

                 ADVANCED SCIENTIFIC COMPUTING RESEARCH

    The Advanced Scientific Computing Research program develops 
and hosts some of the world's fastest computing and network 
capabilities to enable science and energy modeling, simulation, 
and research.
    High Performance Computing and Network Facilities.--In 
addition to the long-term exascale initiative, the Committee 
supports continued upgrade and operation of the Leadership 
Computing Facilities at Argonne National Laboratory and Oak 
Ridge National Laboratory and of the High Performance 
Production Computing capabilities at Lawrence Berkeley National 
Laboratory. The recommendation includes not less than 
$150,000,000 for the Argonne Leadership Computing Facility, not 
less than $225,000,000 for the Oak Ridge Leadership Computing 
Facility, and not less than $110,000,000 for the National 
Energy Research Scientific Computing Center at Lawrence 
Berkeley National Laboratory. Within available funds, the 
recommendation includes $90,000,000 to support necessary 
infrastructure upgrades and operations for ESnet.
    Mathematical, Computational, and Computer Sciences 
Research.--The Committee notes the importance of a strong 
research program in applied and computational mathematics to 
the Department's mission. Maintaining international leadership 
in high performance computing requires a long-term and 
sustained commitment to basic research in computing and 
computational sciences, including applied math, software 
development, networking science, and computing competency among 
scientific fields. Within available funds, the recommendation 
provides not less than $250,000,000 for Mathematical, 
Computational, and Computer Sciences Research, including not 
less than $10,000,000 for the Computational Science Graduate 
Fellowship program.
    Within available funds, the recommendation includes up to 
$40,000,000 for the development of Al-optimized emerging memory 
technology for Al-specialized hardware to drive national 
competitiveness.
    The Committee is aware that the Department of Defense, 
National Institutes of Health, universities, and private 
entities have formed partnerships to undertake two of the 
largest national research investigations of Traumatic Brain 
Injury (TBI) ever conducted in the Unites States. While 
leadership and investigators from the TRACK-TBI have developed 
productive relationships with national laboratory scientists, 
more collaboration may be needed to develop advanced 
statistical methods and leverage advances in data science and 
deep analytics. The Committee encourages the Department to 
collaborate with the CARE and TRACK-TBI investigators to 
utilize the national laboratory capabilities to apply the most 
advanced statistical methods to interrogate the highly complex 
CARE and TRACK-TBI data sets. The Department is directed to 
conduct such collaborations on a reimbursable basis through 
Strategic Partnership Projects.

                         BASIC ENERGY SCIENCES

    The Basic Energy Sciences program funds basic research in 
materials science, chemistry, geoscience, and bioscience. The 
science breakthroughs in this program enable a broad array of 
innovation in energy technologies and other industries critical 
to American economic competitiveness.
    Research.--Within available funds, the recommendation 
provides $24,088,000 for the Batteries and Energy Storage 
Innovation Hub, up to $20,000,000 for the Fuels from Sunlight 
Innovation Hub, $115,000,000 for the Energy Frontier Research 
Centers, $532,000,000 for facilities operations of the nation's 
light sources, $260,088,000 for facilities operations of the 
high flux neutron sources, $142,000,000 for facilities 
operations of the Nanoscale Science Research Centers (NSRC), 
and $25,000,000 for the Experimental Program to Stimulate 
Competitive Research.
    Within funds for operations of the nation's light sources, 
the Department is encouraged to invest in capital improvements 
at all of the light sources. It is imperative that these 
facilities continue to provide users with state-of-the-art 
capabilities to ensure U.S. science leadership and innovation.
    The recommendation provides $12,000,000 for other project 
costs, including $3,000,000 for Proton Power Upgrade, 
$2,000,000 for Linac Coherent Light Source-II HE, $1,000,000 
for Second Target Station, and $6,000,000 for Cryomodule Repair 
& Maintenance Facility. The recommendation includes $15,000,000 
for NSRC Recapitalization and $15,000,000 for NSLS-II 
Experimental Tools-II.

                 BIOLOGICAL AND ENVIRONMENTAL RESEARCH

    The Biological and Environmental Research (BER) program 
supports advances in energy technologies and related science 
through research into complex biological and environmental 
systems.
    The recommendation includes not less than $390,000,000 for 
Biological Systems Science and not less than $355,000,000 for 
Earth and Environmental Systems Sciences.
    The recommendation provides $100,000,000 for the Bioenergy 
Research Centers and $15,000,000 to continue development of a 
multi-scale genes-to-ecosystem approach that supports a 
predictive understanding of gene functions and how they scale 
within complex biological and environmental systems.
    The Committee supports the Department's efforts to build 
programmatic bridges and leverage its resources among 
biological, earth, and environmental science programs to 
facilitate the seamless quantification and prediction of 
biological-environmental interactions from molecular to 
ecosystem scales. The Committee encourages the Department to 
expand its growing focus on the science of biology-based 
products to advance critical mission needs and to maintain 
international leadership. The Committee continues to support 
the Department's establishment of a national microbiome 
database collaborative and provides $10,000,000 for microbiome 
research initiatives, including development of the microbiome 
database.
    The recommendation includes not less than $10,000,000 for 
the low-dose radiation research program.
    The Committee continues to support the Department's funding 
for colleges and universities to examine and evaluate earth 
system models and validate their ability to reproduce earth 
systems. The Committee is aware that reducing uncertainty in 
understanding cloud aerosol effects requires investment in 
observational studies, modeling, and computing. The 
recommendation provides $15,000,000 for cloud-aerosol research. 
The Department is encouraged to establish an Earth System Grid 
Federation node for Arctic climate data.
    The recommendation includes $30,000,000 for ongoing efforts 
to develop observational assets and associated research to 
study the nation's major land-water interfaces, including the 
Great Lakes and the Puget Sound, that leverages national 
laboratories' assets as well as local infrastructure and 
expertise at universities and other research institutions.
    Existing scientific and modeling approaches for 
understanding energy-water systems cannot accurately simulate 
and predict rapid changes and feedbacks between coupled water 
and energy systems in an uncertain future where extremes, such 
as droughts, floods, heat waves, and wildfires, are becoming 
more frequent, intense, and widespread. In prior fiscal years, 
the Department had an Energy-Water Nexus crosscutting 
initiative, which included the Office of Energy Efficiency and 
Renewable Energy, Office of Fossil Energy, the Office of 
Science, and other offices, to focus on more resilient and 
sustainable energy-water systems with a focus on desalination 
technology and regional data, modeling, and analysis test beds. 
The Department is encouraged to resume the Office of Science's 
activities of the prior Energy-Water Nexus crosscutting 
initiative, including regional-scale data, modeling, and 
analysis test-beds targeted to universities with research 
competencies in water scarcity issues in drought regions of the 
United States with the potential to build a hub network on 
integrated assessment modeling for complex systems prediction 
for environmental change in relation to water scarce regions 
with national labs as partners. The Department is directed to 
submit to the Committee not later than 90 days of enactment of 
this Act a report that outlines the activities previously 
conducted under the Energy-Water Nexus across the Department, 
which activities have continued, which activities ended, and an 
explanation for the termination of each activity that ended. 
The Department is directed to coordinate all energy-water nexus 
activities across the Offices of Energy Efficiency and 
Renewable Energy, Electricity, Fossil Energy, Nuclear Energy, 
Science, and any other relevant program offices.
    The Committee directs the Department to continue to support 
NGEE Arctic, NGEE Tropics, the SPRUCE field site, the Watershed 
Function and Mercury Science Focus Areas, and the AmeriFLUX 
project.
    The Committee directs the Department to give priority to 
optimizing the operation of BER user facilities.

                         FUSION ENERGY SCIENCES

    The Fusion Energy Sciences program supports basic research 
and experimentation aiming to harness nuclear fusion for energy 
production.
    Research.--Within available funds, the recommendation 
provides $20,000,000 for High Energy Density Laboratory 
Plasmas, including activities for LaserNetUS.
    Within available funds, the recommendation includes 
$5,000,000 for the Innovation Network for Fusion Energy 
(INFUSE) research and development program. The fiscal year 2020 
Act directed the Department to provide a plan on a possible 
cost share program for reactor technologies. The Committee is 
still awaiting this plan and directs the Department to provide 
the plan not later than 30 days after enactment of this Act and 
prior to any funds being obligated for these purposes.
    The recommendation includes $12,000,000 for the Materials 
Plasma Exposure eXperiment.
    Construction.--The Committee recommends $260,000,000 for 
the U.S. contribution to the ITER project, of which not less 
than $100,000,000 is for in-cash contributions. The Committee 
continues to believe the ITER project represents an important 
step forward for energy sciences and has the potential to 
revolutionize the current understanding of fusion energy. The 
Department is directed to provide to the Committee not later 
than 180 days after enactment of this Act the performance 
baseline for the entire project, including an updated baseline 
for Subproject 1 and a baseline for Subproject 2.

                          HIGH ENERGY PHYSICS

    The High Energy Physics program supports fundamental 
research into the elementary constituents of matter and energy 
and ultimately into the nature of space and time. The program 
focuses on particle physics theory and experimentation in three 
areas: the energy frontier, which investigates new particles 
and fundamental forces through high-energy experimentation; the 
intensity frontier, which focuses on rare events to better 
understand our fundamental model of the universe's elementary 
constituents; and the cosmic frontier, which investigates the 
nature of the universe and its form of matter and energy on 
cosmic scales.
    Research.--Within available funds, the recommendation 
provides $100,000,000 for the HL-LHC Upgrade Projects.
    The Committee strongly urges the Department to maintain a 
balanced portfolio of small-, medium-, and large-scale 
experiments and to ensure adequate funding for research 
performed at universities and the national laboratories. The 
Committee encourages the Department to fund facility operations 
at levels for optimal operations.

                            NUCLEAR PHYSICS

    The Nuclear Physics program supports basic research into 
the fundamental particles that compose nuclear matter, how they 
interact, and how they combine to form the different types of 
matter observed in the universe today.
    Research.--Within available funds, the recommendation 
provides $25,000,000 for Electron Ion Collider R&D.
    The Committee directs the Department to give priority to 
optimizing operations within Medium Energy Nuclear Physics and 
at the Facility for Rare Isotope Beams.
    Within available funds, the Committee directs the 
Department to provide optimal funding for major items of 
equipment, including the Gamma-Ray Energy Tracking Array, the 
Super Pioneering High Energy Nuclear Interaction Experiment, 
MOLLER, and the High Rigidity Spectrometer.
    Within available funds, the recommendation includes up to 
$10,000,000 for a consortium of research universities to apply 
advanced manufacturing techniques to radioisotope production, 
including automation, digitalization, artificial intelligence, 
fabrication, and state-of-the-art characterization 
instrumentation, and to establish a traineeship program for 
students to develop the future workforce.

           WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS

    The Workforce Development for Teachers and Scientists 
program ensures that the nation has the sustained pipeline of 
science, technology, engineering, and mathematics (STEM) 
workers to meet national goals and objectives.
    The Committee recommends $30,000,000 for Workforce 
Development for Teachers and Scientists. Within available 
funds, the Committee recommends not less than $14,000,000 for 
the Science Undergraduate Laboratory Internship, not less than 
$2,000,000 for the Community College Institute of Science and 
Technology, and not less than $5,000,000 for the Office of 
Science Graduate Student Research Program. Within available 
funds, the Committee recommends not less than $1,500,000 for 
outreach activities for the Department to widely publicize its 
opportunities and diversify the applicant pool, with an 
emphasis on targeted recruitment of individuals traditionally 
underrepresented in STEM.

                  SCIENCE LABORATORIES INFRASTRUCTURE

    The Science Laboratories Infrastructure program sustains 
mission-ready infrastructure and safe and environmentally 
responsible operations by providing the infrastructure 
improvements necessary to support leading edge research by the 
Department's national laboratories.
    The Department is directed to submit to the Committee not 
later than 180 days after enactment of this Act a report on the 
funding levels required for operations and maintenance of Oak 
Ridge National Laboratory nuclear facilities. The report shall 
be coordinated between the Office of Science and Office of 
Nuclear Energy and should include an accounting of how funds 
have been spent for the previous three fiscal years and how 
funds will be spent for the fiscal year 2021. The report should 
also include information for the next four fiscal years on the 
funding levels required for operations for each facility and 
funding levels required for multi-year infrastructure 
improvements. The report should provide a breakdown of users, 
operations time, and funding allocated to activities related to 
the Office of Science or to the Office of Nuclear Energy.
    Within available funds for General Plant Projects, the 
Department is directed to prioritize projects related to power 
resilience.

                         Nuclear Waste Disposal


 
 
 
Appropriation, 2020...................................             - - -
Budget estimate, 2021.................................        27,500,000
Recommended, 2021.....................................        27,500,000
Comparison:
    Appropriation, 2020...............................       +27,500,000
    Budget estimate, 2021.............................             - - -
 

    The recommendation includes $27,5000,000 for Nuclear Waste 
Disposal, of which $20,000,000 is for interim storage and 
$7,500,000 is for Nuclear Waste Fund (NWF) oversight 
activities. Funds for NWF oversight activities are derived from 
the NWF.
    The Committee is disappointed with the lack of details in 
the Department's proposal for interim storage activities, many 
of which appear to be generic efforts that have been underway 
for years and are funded within the Office of Nuclear Energy's 
Integrated Waste Management Systems program in this 
recommendation. Within available funds in this account for 
interim storage, the Department is directed to move forward 
under existing authority to identify a site for a federal 
interim storage facility. The Department is further directed to 
use a consent-based approach when undertaking these activities. 
The Department is reminded that the Nuclear Waste Policy Act 
provides for a wide variety of activities that may take place 
prior to the limitation in section 141(g).

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2020...................................      $425,000,000
Budget estimate, 2021.................................      -310,744,000
Recommended, 2021.....................................       435,000,000
Comparison:
    Appropriation, 2020...............................       +10,000,000
    Budget estimate, 2021.............................      +745,744,000
 

    The Advanced Research Projects Agency--Energy (ARPA-E) 
supports research aimed at rapidly developing energy 
technologies whose development and commercialization are too 
risky to attract sufficient private sector investment but are 
capable of significantly changing the energy sector to address 
our critical economic, environmental, and energy security 
challenges. The technology breakthroughs funded by ARPA-E have 
significant commercial impact and have received billions of 
dollars in private-sector funding to continue to advance those 
technologies toward the marketplace. Projects funded by ARPA-E 
include wide-ranging areas such as production processes for 
transportation fuel alternatives that can reduce our dependence 
on imported oil, heating and cooling technologies with 
exceptionally high energy efficiency, and low-cost electric 
aviation technologies.
    The Committee again strongly rejects the short-sighted 
proposal to terminate ARPA-E. Instead, the Committee continues 
investment in this transformational program and directs the 
Department to continue to spend funds provided on research and 
development and program direction. The Department shall not use 
any appropriated funds to plan or execute the termination of 
ARPA-E. The Department is directed to disburse funds 
appropriated for ARPA-E within a reasonable time period.

         Title 17 Innovative Technology Loan Guarantee Program


                        ADMINISTRATIVE EXPENSES


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2020...................................       $32,000,000
Budget estimate, 2021.................................         3,000,000
Recommended, 2021.....................................        32,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +29,000,000
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2020...................................       -$3,000,000
Budget estimate, 2021.................................        -3,000,000
Recommended, 2021.....................................        -3,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

                     RESCISSIONS AND CANCELLATIONS

 
 
 
Appropriation, 2020...................................           $ - - -
Budget estimate, 2021.................................      -384,659,000
Recommended, 2021.....................................             - - -
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................      +384,659,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2020...................................       $29,000,000
Budget estimate, 2021.................................      -384,659,000
Recommended, 2021.....................................        29,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................      +413,659,000
 

    The Committee rejects the budget proposal to use prior-year 
balances to cover administrative expenses and the proposed 
rescission of credit subsidy and cancellation of commitment 
authority appropriated by Public Law 112-10 and Public Law 111-
5.
    The Committee recommends $32,000,000 in administrative 
expenses for the Loan Guarantee Program, an increase of 
$29,000,000 above the budget request. The recommendation is 
offset by $3,000,000 in collections from loan guarantee 
applicants, for a net appropriation of $29,000,000. No funds 
recommended under this heading may be used to plan, develop, 
implement, or pursue the elimination of the Title 17 Innovative 
Technologies Program.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2020...................................        $5,000,000
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................         5,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................        +5,000,000
 

    The Energy Independence and Security Act of 2007 
established a direct loan program to support the development of 
advanced technology vehicles and associated components in the 
United States. The program provides loans to automobile and 
automobile part manufacturers for the cost of re-equipping, 
expanding, or establishing manufacturing facilities in the 
United States to produce advanced technology vehicles or 
qualified components, and for associated engineering 
integration costs. The Committee rejects the budget proposal to 
eliminate the Advanced Vehicles Manufacturing Program and 
provides $5,000,000. The Committee also rejects the budget 
proposal to rescind $4,250,000,000 in emergency funds 
appropriated by Public Law 110-329. The Committee directs the 
Department to expeditiously evaluate and adjudicate all loan 
applications received. The Department is further directed to 
provide to the Committee not later than 90 days after enactment 
of this Act a briefing that includes a status update on each 
loan application received.

                  Tribal Energy Loan Guarantee Program


 
 
 
Appropriation, 2020...................................        $2,000,000
Budget estimate, 2021.................................        -8,500,000
Recommended, 2021.....................................         2,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +10,500,000
 

    The Energy Policy Act of 2005 established a loan guarantee 
program for energy development to provide or expand electricity 
on Indian land. The Committee rejects the budget proposal to 
eliminate this program and provides $2,000,000. The Committee 
also rejects the budget proposal to rescind $8,500,000 
appropriated by Public Law 115-31. The Department is encouraged 
to take formal steps to market this program and ensure the 
program's availability, benefits, and application process are 
made known to potential applicants who are ready to seek 
financing.

                   Indian Energy Policy and Programs


 
 
 
Appropriation, 2020...................................       $22,000,000
Budget estimate, 2021.................................         8,005,000
Recommended, 2021.....................................        22,250,000
Comparison:
    Appropriation, 2020...............................          +250,000
    Budget estimate, 2021.............................       +14,245,000
 

    The Energy Policy Act of 2005 established the Office of 
Indian Energy and Policy Programs. The Office of Indian Energy 
provides technical assistance, direct and remote education, 
policy research and analysis, and financial assistance to 
Indian tribes, Alaska Native Village and Regional corporations, 
and Tribal Energy Resource Development Organizations.
    The Committee encourages the Department to use its cost 
share waiver authority under section 988 of the Energy Policy 
Act of 2005 when applicable.

                      Departmental Administration


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2020...................................      $254,378,000
Budget estimate, 2021.................................       229,472,000
Recommended, 2021.....................................       252,378,000
Comparison:
    Appropriation, 2020...............................        -2,000,000
    Budget estimate, 2021.............................       +22,906,000
 

                                REVENUES

 
 
 
Appropriation, 2020...................................      -$93,378,000
Budget estimate, 2021.................................       -93,378,000
Recommended, 2021.....................................       -93,378,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2020...................................      $161,000,000
Budget estimate, 2021.................................       136,094,000
Recommended, 2021.....................................       159,000,000
Comparison:
    Appropriation, 2020...............................        -2,000,000
    Budget estimate, 2021.............................       +22,906,000
 

    Funding recommended for Departmental Administration 
provides for general management and program support functions 
benefiting all elements of the Department, including the 
National Nuclear Security Administration. The account funds a 
wide array of Headquarters activities not directly associated 
with the execution of specific programs. The recommendation 
includes eight reprogramming control points in this account to 
provide flexibility in the management of support functions. The 
Committee rejects the budget proposal to create a new account 
for the Artificial Intelligence and Technology Office and 
instead has included this as a reprogramming control point 
within this account. Other Departmental Administration includes 
Management, Project Management Oversight and Assessments, Chief 
Human Capital Officer, Office of Technology Transitions, Office 
of Small and Disadvantaged Business Utilization, General 
Counsel, Office of Policy, and Public Affairs. The Department 
is directed to continue to submit a budget request that 
proposes a separate funding level for each of these activities.
    Program Direction.--The recommendation includes $5,119,000 
for Program Direction and does not include funds to support an 
arctic energy coordinator position. The Committee directs the 
Department to develop a research agenda related to arctic 
energy, including Counter-Unmanned Aircraft System 
technologies, and to brief the Committee not later than 90 days 
after enactment of this Act on this agenda.
    Economic Impact and Diversity.--The recommendation includes 
$10,169,000 for Economic Impact and Diversity, the same as 
fiscal year 2020 and $238,000 above the budget request. The 
Department is directed to provide to the Committee not later 
than 120 days after enactment of this Act a report detailing 
the Department's efforts on minority education, workforce, and 
training programs that create hands-on training at laboratories 
and in the field and prepare students that are traditionally 
underrepresented in STEM disciplines.
    Chief Information Officer.--The recommendation includes 
$140,500,000. The Committee notes the importance of 
prioritizing funding for cybersecurity activities at a time 
when cyber threats to the Department's facilities, sites, and 
national laboratories are increasing. Within this amount, not 
less than $71,800,000 shall be for cybersecurity and secure 
information.
    International Affairs.--Within available funds, the 
recommendation includes $2,000,000 for the Israel Binational 
Industrial Research and Development (BIRD) Foundation and 
$4,000,000 for the U.S.-Israel Center of Excellence in Energy, 
Engineering and Water Technology. The Committee is supportive 
of the Department's continued work in energy cooperation with 
Ukraine, including providing technical assistance in developing 
winter action plans and the current effort to assist with a 
national energy resiliency plan. The Committee encourages 
additional work in areas of importance to both countries, 
including technical assistance support for Ukrainian national 
energy security strategies and development of low carbon 
sources of energy.
    Artificial Intelligence and Technology Office.--The 
Committee rejects the budget proposal to create a new account 
for the Artificial Intelligence and Technology Office, 
including the proposal to originate programmatic activities 
within this Office. The Department represented to the Committee 
that the funding provided in fiscal year 2020 would be used 
solely for the purpose of funding personnel. However, the 
Committee has learned that the Department has only used limited 
funds for that stated and intended purpose. As such, the 
recommendation provides no funding for the Office, and the 
Department is directed to utilize unused fiscal year 2020 funds 
to support close-out activities of the Office. While the 
Committee was originally supportive of the concept of an office 
to coordinate programmatic research regarding artificial 
intelligence and machine learning throughout the Department, 
the Department's lack of transparency regarding the activities 
of this Office and its disregard of specific congressional 
direction have resulted in a lack of trust in the Department 
and this Office to faithfully uphold statutory requirements and 
congressional direction. The Department is directed to continue 
programmatic activities regarding artificial intelligence and 
machine learning related to the Department's mission through 
the appropriate program offices and directs the Secretary to 
lead coordination of all program offices across the Department. 
Further, the Department is reminded that a reprogramming may 
not be employed to initiate new programs or to change program, 
project, or activity allocations specifically denied or limited 
by the Congress in this Act or report. Additionally, no 
personnel from other program offices may work in the Office 
unless that program office is fully reimbursed from funds 
directly appropriated to the Office in the fiscal year 2020 
Act.
    Other Departmental Administration.--The recommendation 
provides $26,000,000 for the Chief Human Capital Officer and 
$54,358,000 for Management.
    The recommendation provides $13,000,000 for Project 
Management Oversight and Assessments. The Committee directs the 
Department to provide a briefing not later than 60 days after 
enactment of this Act detailing how it plans to address GAO's 
high-risk concerns.
    Office of Technology Transitions.--The recommendation 
provides $5,000,000 above the budget request for the Office of 
Technology Transitions for a competitive funding opportunity 
for incubators building energy innovation clusters. These 
incubators should have the support of state, regional, and 
local entities. The Department is directed to provide to the 
Committee not later than 120 days of awarding funds a report on 
the impact these incubators have on job creation and workforce 
development, including in low-income communities and under-
represented entrepreneurs.
    The fiscal year 2020 Act directed the Department to provide 
a report on the value of creating a nonprofit foundation that 
will better promote the transfer of technology to the 
marketplace. The Committee is still awaiting this report and 
directs the Department to provide this report not later than 60 
days after enactment of this Act.
    Energy and Employment Report.--The recommendation provides 
$2,000,000 for the Office of Strategic Planning and Policy to 
complete an annual U.S. energy employment report that includes 
a comprehensive statistical survey to collect data, publish the 
data, and provide a summary report. The information collected 
shall include data relating to employment figures and 
demographics in the U.S. energy sector using methodology 
approved by the Office of Management and Budget in 2016.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $28,000,000 
to prevent, prepare for, and respond to coronavirus.

                    Office of the Inspector General


 
 
 
Appropriation, 2020...................................       $54,215,000
Budget estimate, 2021.................................        57,739,000
Recommended, 2021.....................................        57,739,000
Comparison:
    Appropriation, 2020...............................        +3,524,000
    Budget estimate, 2021.............................             - - -
 

    The Office of the Inspector General performs agency-wide 
audit, inspection, and investigative functions to identify and 
correct management and administrative deficiencies that create 
conditions for existing or potential instances of fraud, waste, 
and mismanagement. The audit function provides financial and 
performance audits of programs and operations. The inspections 
function provides independent inspections and analyses of the 
effectiveness, efficiency, and economy of programs and 
operations. The investigative function provides for the 
detection and investigation of improper and illegal activities 
involving programs, personnel, and operations.
    The Committee strongly supports the mission and 
independence of the Office of the Inspector General and directs 
the Department to provide to the Committee not later than 90 
days after enactment of this Act a five-year staffing and 
program plan necessary to achieve its audit, inspection, and 
investigative mission.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

    The Atomic Energy Defense Activities programs of the 
Department in the National Nuclear Security Administration 
(NNSA) consist of Weapons Activities, Defense Nuclear 
Nonproliferation, Naval Reactors, and Federal Salaries and 
Expenses. Outside of the NNSA, Atomic Energy Defense Activities 
programs include Defense Environmental Cleanup, Defense Uranium 
Enrichment Decontamination and Decommissioning, and Other 
Defense Activities. Descriptions of each of these accounts are 
provided below.

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

    The Department of Energy is responsible for enhancing U.S. 
national security through the military application of nuclear 
technology and reducing the global danger from the 
proliferation of weapons of mass destruction. The NNSA, a semi-
autonomous agency within the Department, carries out these 
responsibilities. Established in March 2000, pursuant to title 
32 of the National Defense Authorization Act for Fiscal Year 
2000, the NNSA is responsible for the management and operation 
of the nation's nuclear weapons complex, nuclear 
nonproliferation activities, and naval reactors. The 
recommendation includes $18,037,617,000 for the NNSA, 
$1,333,025,000 above fiscal year 2020.
    Carryover Balances.--The Committee is concerned that the 
Department is not considering carryover balances, particularly 
within Infrastructure and Operations, in its budget formulation 
process. The NNSA shall submit to the Committee not later than 
60 days after enactment of this Act a plan to reduce its 
carryover balances to applicable thresholds by the end of 
fiscal year 2021. The Comptroller General of the United States 
shall assess the adequacy of the NNSA's plan and its 
interpretation of the applicable thresholds and brief the 
Committee on its findings not later than 120 days after 
enactment of this Act.
    The Committee encourages the NNSA to coordinate with the 
Department of Defense on opportunities to observe and 
participate in table-top exercises and other scenario-based, 
non-training exercises that are currently being conducted and 
planned as part of the Wargaming Incentive Fund, and the NNSA 
is encouraged to keep the Committee informed of such 
opportunities.

                           Weapons Activities


 
 
 
Appropriation, 2020...................................   $12,457,097,000
Budget estimate, 2021.................................    15,602,000,000
Recommended, 2021.....................................    13,659,617,000
Comparison:
    Appropriation, 2020...............................    +1,202,520,000
    Budget estimate, 2021.............................    -1,942,383,000
 

    Weapons Activities ensures the safety, security, 
reliability, and effectiveness of the nation's nuclear weapons 
stockpile without nuclear explosive testing. These activities 
were traditionally funded by four main elements: Directed 
Stockpile Work; Research, Development, Test, and Evaluation; 
Infrastructure and Operations; and Security functions.
    The budget request proposes a new structure for Weapons 
Activities that replaces work funded within Directed Stockpile 
Work and Research, Development, Test and Evaluation with three 
new elements: Stockpile Management; Production Modernization; 
and Stockpile Research, Technology, and Engineering. The 
Committee notes the NNSA's efforts to engage in a constructive 
and transparent manner in communicating the proposed changes. 
While the recommendation adopts some of the proposed changes, 
modifications have been made where the Committee believes 
additional oversight and monitoring is necessary.
    Next Generation Stockpile Stewardship.--The Committee is 
aware that the NNSA is assessing the major science questions 
facing the Stockpile Stewardship Program over the next 20 years 
and is developing a plan to ensure continued confidence in the 
stockpile without nuclear explosive testing. The NNSA shall 
brief the Committee not later than 60 days after enactment of 
this Act on the status of its plan.
    Integrated Priorities Report.--The NNSA is managing an 
increasing and highly interdependent workload. Much of this 
work requires significant investments to reconstitute key 
capabilities and materials, recapitalize infrastructure and 
construct new facilities, and modernize cyber and physical 
security functions. The shifting priorities, costs, and need 
dates for accomplishing this work make it difficult to conduct 
oversight. Therefore, the NNSA is directed to provide to the 
Committee a classified integrated priorities report (IPR) for 
Weapons Activities each year with the budget request, beginning 
with the fiscal year 2022 budget request. The purpose is to 
provide an integrated look at the priorities, assumptions, and 
risks underpinning the budget request and the Future Years 
Nuclear Security Program and how they have changed from the 
prior year. The IPR shall include a framework for how the 
programs and projects have been prioritized within the budget 
request and the identification of any capability gaps that 
drive the priorities within the budget request, such as 
strategic material needs, age-out of components, and 
infrastructure.
    Tungsten.--The Committee notes the importance of ensuring a 
secure and reliable supply chain for critical minerals and 
materials and encourages the NNSA to consider the use of 
domestically-produced tungsten powder and slabs.
    Kansas City National Security Campus.--The GAO has 
identified a shortage of up to 400,000 square feet of 
production and administrative space within the Kansas City 
National Security Complex needed to meet the demands of the 
NNSA's workload. The NNSA shall provide the Committee periodic 
updates on the status of the agency's ongoing study to assess 
requirements for space and non-nuclear component manufacturing. 
Additionally, the NNSA shall brief the Committee not later than 
30 days after completing the requirements study.

                          STOCKPILE MANAGEMENT

    Stockpile Management includes all activities that directly 
sustain and modernize the nuclear stockpile. These activities 
include maintenance, operations, surveillance, dismantlement, 
and weapon acquisition programs including life extensions, 
modifications, and alterations. Much of this work was 
previously funded within the former Directed Stockpile Work. 
The Committee recommends $4,237,244,000 for Stockpile 
Management.
    W80-4 Life Extension Program.--The NNSA shall brief the 
Committee not later than 60 days after enactment of this Act on 
the benefits, drawbacks, and implications of extending the need 
date of the first and last production unit by one year.
    W87-1 Modification Program.--The W87-1 Modification Program 
requires close synchronization with the NNSA's primary 
capability and non-nuclear modernization efforts, which carry 
significant risk. The Committee expects to receive quarterly 
briefings on the status, scope, and cost of the program, 
beginning not later than 90 days after enactment of this Act.
    W93 Modernization Activity.--No funding is provided for the 
W93 and no funding shall be spent on this activity. The NNSA 
has provided limited details on why starting Phase 1 Concept 
Assessment is needed in fiscal year 2021, the drivers for this 
decision, or how such a decision is likely to impact retirement 
of any of the Navy's existing strategic systems. The NNSA 
proposed to manage the W93 modernization activity using the 
joint Department of Energy-Department of Defense nuclear 
weapons lifecycle process, but the Committee is concerned that 
this process is out of date and does not include current best 
practices. Until such questions and concerns are adequately 
addressed, the Committee will not consider funding for this 
activity.
    Sea-Launched Cruise Missile Study.--No funds were 
requested, and no funds are provided for the purposes of 
studying a Sea-Launched Cruise Missile. The NNSA is directed, 
in coordination with the Navy, to brief the Committee not later 
than 30 days after enactment of this Act on the status of the 
ongoing analysis of alternatives and design definition.
    Peer Review and Competition.--The Committee remains 
concerned that the majority of non-nuclear components, 
electronics, and systems have not benefited from independent 
peer review and competition and that an architecture is not in 
place that leverages the capabilities of the Department's 
national laboratories to accomplish this, which can lead to 
unnecessary costs and delays. The fiscal year 2020 Act directed 
the NNSA to brief the Committee on its plan to implement peer 
review and design competition. The Committee is still awaiting 
this briefing and directs the NNSA to provide the briefing not 
later than 30 days after enactment of this Act.
    Joint Nuclear Weapons Lifecycle Process.--The Committee is 
concerned the existing joint nuclear weapons lifecycle process 
lacks modern management controls such as upfront planning, 
analysis of alternatives that meets GAO best practices, and 
earlier cost estimating. The Committee is further concerned 
that some of these controls are optional and are not 
consolidated within one Departmental order or directive. Parts 
of the lifecycle process, particularly Phase 1, have not been 
exercised in decades. The Office of Cost Estimating and Program 
Evaluation (CEPE) shall assess and compare the current 
lifecycle acquisition process and Order 413.3B. The assessment 
shall include an inventory of the management controls present 
under each process, whether each control is optional or 
mandatory, and recommendations for how the NNSA should amend 
the existing lifecycle process to align with program planning 
and management best practices. This assessment shall be 
provided to the Committee not later than 120 days after 
enactment of this Act. Not later than 30 days after providing 
CEPE's assessment, the NNSA shall brief the Committee on NNSA's 
plans to incorporate CEPE's recommendations.

                        PRODUCTION MODERNIZATION

    Production Modernization includes all activities needed to 
restore and modernize production capabilities. These activities 
include restoring and modernizing the capability to produce 
primaries, secondaries, and non-nuclear components. Portions of 
Production Modernization were previously funded within the 
former Directed Stockpile Work. The Committee recommends 
$1,858,667,000 for Production Modernization.
    The nuclear security enterprise requires access to a 
variety of critical non-nuclear materials. The Committee is 
pleased that the NNSA is moving forward with upgrading 
production and processing capacity to manufacture and machine 
non-nuclear materials. The Committee encourages the NNSA to 
proceed with further development and demonstration of 
industrial powder consolidation methods, evaluation and 
procurement of raw materials, and development of graphite 
manufacturing capabilities. The recommendation includes not 
less than $6,000,000 for this effort and to sustain precision 
beryllium machining capabilities and the availability of a 
domestic oxide production source. The NNSA is directed to brief 
the Committee not later than 60 days after enactment of this 
Act on the status of these activities and periodically 
thereafter.
    Plutonium Modernization.--Within funds provided, not less 
than $7,000,000 shall be for workforce development and training 
partnerships with Historically Black Colleges and Universities, 
Hispanic-Serving Institutions, and Tribal Colleges and 
Universities in South Carolina and New Mexico to support 
plutonium pit production.
    Plutonium Pit Production.--The Committee notes that NNSA 
has taken a number of positive steps, including the shift to 
managing infrastructure investments in New Mexico and South 
Carolina under DOE Order 413.3B, has developed some high-level 
milestones, and has improved the transparency and quality of 
the data provided to the Committee. However, the Committee 
remains concerned that the NNSA has not prioritized the 
development of a resource-loaded integrated master schedule 
that includes all pit production-related project and program 
activities as recommended by the GAO, and does not appear to 
have plans to complete such a schedule until after it would 
have had to achieve certain pit production milestones. As such, 
the NNSA is directed to submit to the Committee not later than 
30 days after enactment of this Act a plan to complete the 
resource-loaded integrated master schedule. The Comptroller 
General shall review the NNSA's plan and brief its finding to 
the Committee not later than 90 days after enactment of this 
Act.
    Additionally, the Committee remains concerned about the 
lack of a contingency plan should the NNSA not meet current pit 
production milestones. Given the NNSA's continuing challenges 
in constructing large, complex nuclear facilities on time and 
on budget, coupled with the extremely constrained timeframe and 
planned use of expedited processes and procedures, the risk of 
not meeting pit production milestones is high. Similar concerns 
were included in a 2019 independent assessment, which concluded 
that ``no available option can be expected to provide 80 pits 
per year by 2030.'' The NNSA is directed to develop, in 
coordination with the Department of Defense, a contingency plan 
to meet the needs of the nuclear deterrent that do not solely 
rely on the current need dates for pit production. This plan 
shall be submitted to the Committee not later than 120 days 
after enactment of this Act, and updated and submitted each 
year thereafter with the budget request. The plan shall include 
options to ramp up pit production that extend the current need 
dates for pit production; how the hedge and fielded stockpile 
could be configured to serve as an interim solution; and an 
estimate of how many years current pit production need dates 
could be extended by advancing pit reuse concepts.
    Domestic Uranium Enrichment.--While the NNSA has initiated 
a technology down-select process through an ongoing analysis of 
alternatives, the Committee encourages the NNSA to consider 
open competition as one of the options for the manufacturing 
and operation of centrifuges to meet national security mission 
requirements if a technology is recommended for deployment. The 
NNSA is directed to brief the Committee not later than 60 days 
after enactment of this Act on its plan to engage commercial 
industry as part of its acquisition strategy.
    University Collaboration.--The Committee notes the 
importance of collaborations between research universities and 
national laboratories as the NNSA modernizes manufacturing and 
production capabilities. The Committee recognizes this requires 
a steady pipeline of technical talent to meet growing workforce 
needs. The recommendation provides up to $6,000,000 to 
establish a Center of Excellence led by a university with a 
school of engineering that has expertise in lifetime extension 
research and materials science. The Center's focus shall be on 
developing new additive and advanced manufacturing techniques, 
technologies, and methodologies to evaluate, diagnose, and 
control materials for production and manufacturing purposes.

            STOCKPILE RESEARCH, TECHNOLOGY, AND ENGINEERING

    Stockpile Research, Technology, and Engineering (SRT&E) 
includes all activities to strengthen science-based stockpile 
stewardship capabilities to annually certify and assess the 
stockpile. These activities include assessments, advanced 
computing and manufacturing, experimental capabilities, and 
academic partnerships. Portions of SRT&E were previously funded 
within the former Research, Development, Test, and Evaluation. 
The Committee recommends $2,660,285,000 for SRT&E.
    Academic Programs.--Within Academic Programs, $35,000,000 
shall be for the Minority Serving Institution Partnership 
Program and $5,000,000 shall be for Tribal Colleges and 
Universities. The recommendation adopts the proposal to move 
the Joint Program in High Energy Density Laboratory Plasmas 
from the Inertial Confinement Fusion program into Academic 
Programs and provides $8,700,000.
    The National Laboratory Jobs ACCESS Program was authorized 
in the fiscal year 2020 National Defense Authorization Act to 
support apprenticeship and preapprenticeship programs to help 
fill critical gaps within the NNSA's workforce. These 
apprenticeship programs engage high schools, community 
colleges, universities, and other higher education institutions 
and workforce intermediaries working in partnership with 
national laboratories. The NNSA is directed to provide to the 
Committee not later than 120 days after enactment of this Act a 
plan for implementing this program, including milestones and a 
projected funding profile. The recommendation includes 
$5,000,000 for this effort.
    Enhanced Capabilities for Subcritical Experiments (ECSE).--
The Committee is concerned with recent cost increases and the 
acquisition approach for ECSE. The NNSA shall brief the 
Committee not later than 60 days after enactment of this Act on 
the status of ECSE and the updated performance baseline.
    Inertial Confinement Fusion (ICF) and High Yield.--Within 
the ICF program, the recommendation includes $344,000,000 for 
the National Ignition Facility, $66,900,000 for the Z Facility, 
and not less than $80,000,000 for the OMEGA Laser Facility. 
Within funds provided for Facility Operations, not less than 
$31,000,000 shall be for the NNSA to manage target development 
and acquisition. The Committee looks forward to receiving the 
findings from the JASON Defense Advisory Panel's independent 
review in an expeditious manner.
    Advanced Simulation and Computing.--Within funds provided 
for Advanced Simulation and Computing, $25,000,000 shall be for 
advanced memory technology research.
    Stockpile Responsiveness Program.--The NNSA shall submit to 
the Committee an annual report with the budget request that 
includes a detailed accounting and status of each program, 
project, and activity within the program. The Committee expects 
to receive timely updates on the status of any new and existing 
taskings, studies, and assessments.
    Weapons Technology and Manufacturing Maturation.--The 
Committee expects the NNSA to ensure there is a robust and 
cost-effective management process in place to mature technology 
and manufacturing based upon independent subject matter peer 
review and validated requirements to ensure the highest return 
on investment. The NNSA shall brief the Committee not later 
than 120 days after enactment of this Act on how it is managing 
these activities.

                      SECURE TRANSPORTATION ASSET

    The Secure Transportation Asset (STA) provides safe and 
secure transportation of nuclear weapons, weapon components, 
and special nuclear material throughout the nuclear security 
enterprise. The STA workforce includes federal agents and 
program management staff.

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the base 
operations, maintenance, and recapitalization of the NNSA's 
facilities and infrastructure.
    The NNSA, in coordination with the Office of Science, is 
directed to review the NNSA's interpretation, procedures, and 
timelines used to sell, lease, grant, and dispose of real and 
personal property as authorized by the Atomic Energy Act. The 
review shall compare the NNSA's procedures, timelines, and 
interpretations with how the Office of Science conducts these 
activities. The NNSA shall brief the Committee not later than 
90 days after enactment of this Act on the results of the 
review.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $101,668,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                    Defense Nuclear Nonproliferation


 
 
 
Appropriation, 2020...................................    $2,164,400,000
Budget estimate, 2021.................................     2,031,000,000
Recommended, 2021.....................................     2,240,000,000
Comparison:
    Appropriation, 2020...............................       +75,600,000
    Budget estimate, 2021.............................      +209,000,000
 

                    DEFENSE NUCLEAR NONPROLIFERATION

    Funding for the Office of Defense Nuclear Nonproliferation 
is provided across five programs: Global Material Security, 
Material Management and Minimization, Nonproliferation and Arms 
Control, Defense Nuclear Nonproliferation R&D, Nonproliferation 
Construction, and National Technical Nuclear Forensics Research 
and Development.
    No funds were requested to transfer excess plutonium from 
the State of South Carolina to the State of Nevada to comply 
with 50 U.S.C. 2566 and no funds are provided for this purpose.
    In concert with the NNSA's efforts to implement a safe, 
secure, and cost-effective approach to dispose of surplus 
plutonium, the Committee encourages efforts to engage the 
interagency and international partners as appropriate on 
mutually beneficial plutonium disposition protocols.
    Within funds provided, not less than $5,000,000 shall be 
for research and engagement on applications of nuclear 
security, safeguards, and export controls for advanced nuclear 
reactor designs.
    Global Material Security.--The recommendation includes 
$21,500,000 for the Green Border Security Initiative within the 
Nuclear Smuggling Detection and Deterrence program. The 
Committee recognizes the importance of improving the security 
of border crossings to prevent nuclear smuggling and 
accelerating partnerships, particularly within Eastern Europe. 
Within available funds for Domestic Radiological Security, the 
recommendation provides $25,000,000 for the Cesium Irradiator 
Replacement Project and up to $10,000,000 to address the 
container breach in Seattle, Washington. The Committee notes 
the importance of accelerating the removal of cesium devices to 
permanently reduce the risk of terrorist use of a radiological 
dispersal device in the U.S.
    Material Management and Minimization.--The recommendation 
provides $60,000,000 within Laboratory and Partnership Support 
for a new competitively awarded funding opportunity to expedite 
the establishment of a stable domestic source of Mo-99. The 
NNSA is directed to provide to the Committee not later than 90 
days after enactment of this Act a plan clarifying the 
remaining milestones and projected costs necessary to 
successfully establish a domestic capability to produce 
sufficient quantities of Mo-99 without the use of highly 
enriched uranium.
    Defense Nuclear Nonproliferation Research and Development 
(DNN R&D).--The recommendation includes funding above the 
request to advance U.S. capabilities to detect and characterize 
low yield and evasive underground nuclear explosions and 
weaponization activities. The Committee notes the importance of 
the University Consortia and Nonproliferation Stewardship 
programs and includes $15,000,000 for the University Consortia 
for Nuclear Nonproliferation Research. The NNSA is directed to 
evaluate the establishment of a nuclear materials processing 
test bed capability to address proliferation concerns within 
the evolving civilian nuclear fuel cycle and to brief the 
Committee not later than 120 days after enactment of this Act 
on its findings. The recommendation also includes $20,000,000 
within Nonproliferation Fuels Development for the national 
laboratories to develop high-density, low-enriched fuels that 
could replace highly enriched uranium for naval applications.
    National Technical Nuclear Forensics Research and 
Development.--While parts of this mission have traditionally 
resided in multiple federal agencies, including the NNSA, the 
budget request seeks to consolidate scope and funding within 
the NNSA. The NNSA shall develop a strategic plan to manage 
this activity. The plan shall be threat-informed, establish 
near- and long-term research and development (R&D) milestones 
that have been coordinated with stakeholders, and clarify how 
R&D, counterterrorism, and counterproliferation activities will 
be integrated. The plan shall evaluate potential mission need 
and benefits of establishing a low-background radiation 
laboratory capability with access to Category I special nuclear 
materials representative of both weapons and commercial uses to 
support activities such as accelerator-based photonuclear, 
neutron activation, chemistry and isotope separation, treaty 
verification, and technical capabilities enabling emergency 
response, including a cost estimate. The plan shall also 
evaluate the mission need and benefits of establishing an 
analytical test laboratory that is co-located with criticality 
assembly irradiation capabilities allowing near-real-time 
measurements of early decay products to support the NNSA's 
nuclear forensics mission, including a cost estimate, and shall 
consider potential partnership opportunities to leverage 
regional institutions of higher education. The NNSA shall brief 
the Committee not later than 120 days after enactment of this 
Act on its plan.

             NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE

    The NNSA's Nuclear Counterterrorism and Incident Response 
programs respond to and mitigate nuclear and radiological 
incidents worldwide to reduce the threat of nuclear terrorism.
    Radiological Assistance Program.--The Radiological 
Assistance Program plays a significant role in the nation's 
ability to detect, deter, and respond to a domestic nuclear or 
radiological incident. The Committee notes the critical 
importance of this program's efforts to recapitalize necessary 
equipment to meet mission needs.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $14,348,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                             Naval Reactors


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2020...................................    $1,648,396,000
Budget estimate, 2021.................................     1,684,000,000
Recommended, 2021.....................................     1,684,000,000
Comparison:
    Appropriation, 2020...............................       +35,604,000
    Budget estimate, 2021.............................             - - -
 

    The Naval Reactors program is responsible for all aspects 
of naval nuclear propulsion from technology development through 
reactor operations to ultimate reactor plant disposal. The 
program provides for the design, development, testing, and 
evaluation of improved naval nuclear propulsion plants and 
reactor cores.
    The recommendation fully funds the request to develop the 
Columbia-Class submarine, to refuel the S8G prototype, and 
continue the Spent Fuel Handling Recapitalization Project.
    Project Management.--In 2019, the NNSA notified the 
Committee that scheduled completion of the S8G prototype and 
Spent Fuel Handling Recapitalization Project would be delayed. 
The Committee appreciates the transparency with which the NNSA 
has provided project management information and urges the NNSA 
to ensure controls are in place to minimize the potential of 
future delays and cost increases.
    Advanced Test Reactor Power Generation.--The Committee is 
aware of an ongoing initial feasibility assessment to review 
increasing the Advanced Test Reactor's power generation from 60 
to 70 megawatts. The Committee looks forward to receiving the 
results of the assessment.
    Naval Reactors Development.--Within amounts for Naval 
Reactors Development, $91,000,000 is transferred to the Office 
of Nuclear Energy for Advanced Test Reactor operations.

                     Federal Salaries and Expenses


 
 
 
Appropriation, 2020...................................      $434,699,000
Budget estimate, 2021.................................       454,000,000
Recommended, 2021.....................................       454,000,000
Comparison:
    Appropriation, 2020...............................       +19,301,000
    Budget estimate, 2021.............................             - - -
 

    The Federal Salaries and Expenses account provides 
salaries, corporate planning, oversight, and management for 
Defense Programs, Defense Nuclear Nonproliferation, and Naval 
Reactors, including the NNSA field offices in New Mexico, 
Nevada, and California.
    Human Capital Management.--The Committee remains concerned 
that NNSA programs continue to suffer from chronic staffing 
shortages, particularly for experienced and senior program 
management staff for weapons acquisitions and strategic 
materials, as identified by the recent CEPE analysis. These 
shortages hinder federal management of highly technical 
programs with significantly increasing scope. The NNSA is 
directed to implement a pilot program for expedited hiring that 
takes no longer than 15 business days from the time the program 
office identifies a hiring need to the time the human capital 
office provides an entry on date to the prospective employee. 
Positions eligible for the pilot program shall include those 
identified by the Deputy Administrators as being most critical 
to meeting cost, schedule, security, and safety requirements. 
The NNSA shall brief the Committee not later than 30 days after 
enactment of this Act on its plan to implement this 
requirement. CEPE shall evaluate the plan and provide 
recommendations to improve the efficiency of the human capital 
office and processes. CEPE's evaluation and recommendations 
shall be briefed to the NNSA and provided to the Committee not 
later than 60 days after enactment of this Act. Not more than 
90 percent of funds may be obligated until the plan and CEPE's 
evaluation is submitted to the Committee.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2020...................................    $6,255,000,000
Budget estimate, 2021.................................     4,983,608,000
Recommended, 2021.....................................     6,321,000,000
Comparison:
    Appropriation, 2020...............................       +66,000,000
    Budget estimate, 2021.............................    +1,337,392,000
 

    The Defense Environmental Cleanup account provides funding 
for identifying and reducing risks and managing waste at sites 
where the nation carried out defense-related nuclear research 
and production activities that resulted in radioactive, 
hazardous, and mixed waste contamination requiring remediation, 
stabilization, or some other cleanup action.
    While the budget request for the Office of Environmental 
Management (EM) included increases at some sites, those 
increases were at the expense of other important cleanup 
activities at sites, including Hanford, Idaho, and Oak Ridge. 
The recommendation continues to fund a balanced approach that 
sustains the momentum of ongoing cleanup activities more 
consistently across all Department cleanup sites.
    Hanford Site.--The recommendation includes funds above the 
budget request for the Richland Operations Office and the 
Office of River Protection to support stable funding for 
cleanup activities at the Hanford Site.
    Within the Richland Operations Office, not less than 
$28,000,000 is provided within Central Plateau for groundwater 
remediation and site critical infrastructure. The 
recommendation also provides $2,500,000 to develop in-depth 
plans and processes for the permanent off-site removal of Sr-90 
capsules currently stored at the Waste Encapsulation and 
Storage Facility.
    The Department is reminded that meeting the Consent Decree 
milestone for operations of Direct Feed Low Activity Waste must 
remain the Department's top focus within the Office of River 
Protection.
    Idaho National Laboratory.--The Committee supports the 
Department's efforts to analyze alternatives for the future of 
spent fuel facilities at Idaho to include multi-purpose 
canisters. The Committee encourages expediency in its review 
and expects regular updates from the Department. The Department 
shall consider establishing a university-led center for 
environmental monitoring, ongoing legacy management, and the 
development of decision support tools for community-based 
response at Idaho National Laboratory.
    Oak Ridge.--The Department is reminded that the completion 
of preparations for hot cell processing and the start of hot 
cell processing and continued extraction of Thorium-229 must 
remain a priority.
    Savannah River Site.--Within funds for Risk Management 
Operations, the recommendation provides $5,000,000 for 
remediation of the D Area and $20,000,000 for H Canyon 
operations. Within funds for Radioactive Liquid Tank Waste 
Stabilization and Disposition, the recommendation provides not 
less than $65,000,000 for Salt Waste Processing Facility 
operations. The recommendation also includes $25,000,000 for 
the final year of funding for the Advanced Manufacturing 
Collaborative facility.
    Waste Isolation Pilot Plant (WIPP).--The Committee provides 
$10,000,000 for infrastructure improvements around the Waste 
Isolation Pilot Plant, including roads and highways. The 
Department is directed to brief the Committee not later than 60 
days after enactment of this Act, and prior to obligating any 
funds, on its plan for this funding. The plan, which may be 
coordinated with the State of New Mexico, shall include data 
from 1992 to 2020 that outlines WIPP-related road usage 
compared to other heavy road users, including the oil and gas 
industry, and how previously appropriated funding for this 
activity was used. The plan should also include the specific 
use of funds provided in the recommendation, and if they are to 
be spent on roads or highways, specific locations for planned 
improvements, and expected future needs.
    The Committee supports the continued modernization of 
underground equipment to zero-emission battery-electric 
vehicles or very low emission equipment.
    Technology Development.--Within Technology Development and 
Deployment, $5,000,000 is provided for the National Spent 
Nuclear Fuel Program to address issues related to storing, 
transporting, processing, and disposing of Department-owned and 
managed spent nuclear fuel. Within these amounts, the 
Department shall use funding to address the need for additional 
assessments into material degradation that may occur as a 
result of multiple decades of EM spent nuclear fuel storage 
facilities, nuclear material measuring and monitoring in the 
Department's storage systems, and other activities recommended 
by the U.S. Nuclear Waste Technical Review Board in its 2017 
report on the Management and Disposal of U.S. Department of 
Energy Spent Nuclear Fuel. The Committee appreciates the 
Department's work to improve worker safety and provides up to 
$6,500,000 to consider exploring options to develop and deploy 
wearable robotic devices to enhance worker safety.
    The Committee directs the Department to continue 
independent review, analysis, and applied research to support 
cost-effective, risk-informed cleanup decision-making.
    The Committee does not include the $109,000,000 rescission 
from excess facilities proposed in the budget request.

     Defense Uranium Enrichment Decontamination and Decommissioning


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2020...................................            $- - -
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................       821,583,000
Comparison:
    Appropriation, 2020...............................      +821,583,000
    Budget estimate, 2021.............................      +821,583,000
 

    The Committee recommends $821,583,000 to fully offset the 
fiscal year 2021 appropriation for the Uranium Enrichment 
Decontamination and Decommissioning account.

                        Other Defense Activities


 
 
 
Appropriation, 2020...................................      $906,000,000
Budget estimate, 2021.................................     1,054,727,000
Recommended, 2021.....................................       942,300,000
Comparison:
    Appropriation, 2020...............................       +36,300,000
    Budget estimate, 2021.............................      -112,427,000
 

    The Other Defense Activities account provides funding for 
the Office of Environment, Health, Safety and Security; the 
Office of Independent Enterprise Assessments; the Office of 
Legacy Management; Specialized Security Activities; Defense 
Related Administrative Support; and the Office of Hearings and 
Appeals.
    The Committee again rejects the budget proposal to move the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) from 
the U.S. Army Corps of Engineers (Corps) to the Department. The 
Congress intentionally transferred FUSRAP from the Department 
to the Corps in fiscal year 1998. The Department maintains 
ownership of and accountability for real property interests. 
The Committee remains pleased with the current cooperation 
between the Department and the Corps in carrying out the FUSRAP 
program and expects the Department to continue to provide its 
institutional knowledge and expertise to ensure the success of 
this program and to serve the nation and the affected 
communities. The Committee notes its direction to the Corps to 
submit its fiscal year 2022 budget request in the structure 
outlined in this Act.
    The Committee notes the Department's efforts to implement 
tools to decrease the risk of inadvertent declassification and 
increase efficiency and supports implementation of the Advanced 
Computer Tools to Identify Classified Information initiative. 
The Department is directed to brief the Committee not later 
than 90 days after enactment of this Act on its efforts in this 
area.
    The Committee is troubled by the Department's continued 
desire to reshape, often without apparent merit, the 
Department's interactions with the Defense Nuclear Facilities 
Safety Board at a time when high-risk and high-hazard 
activities across the Department are increasing. The Committee 
also remains concerned with the Department's Order 140.1, 
Interface with the Defense Nuclear Facilities Safety Board, and 
the potential impacts on the ability of the Board to carry out 
Congressionally-mandated responsibilities even after revision 
of the Order. The Committee is disappointed with the 
Department's lack of communication with Congress regarding its 
efforts to revise the Order and directs the Department to brief 
the Committee not later than 30 days after enactment of this 
Act on the revised Order. The Department is further directed to 
enter into a Memorandum of Understanding with the Board to 
govern how the organizations interact and interface.
    The recommendation includes $12,000,000 above the budget 
request for targeted investments to defend the U.S. energy 
sector against the evolving threat of cyber and other attacks 
in support of the resiliency of the nation's electric grid and 
energy infrastructure.

                    POWER MARKETING ADMINISTRATIONS

    Management of the federal power marketing functions was 
transferred from the Department of the Interior to the 
Department of Energy in the Department of Energy Organization 
Act of 1977 (Public Law 95-91). These functions include the 
power marketing activities authorized under section 5 of the 
Flood Control Act of 1944 and all other functions of the 
Bonneville Power Administration, the Southeastern Power 
Administration, the Southwestern Power Administration, and the 
power marketing functions of the Bureau of Reclamation that 
have been transferred to the Western Area Power Administration.
    All four power marketing administrations (PMAs) give 
preference in the sale of their power to publicly-owned and 
cooperatively-owned utilities. Operations of the Bonneville 
Power Administration are financed principally under the 
authority of the Federal Columbia River Transmission System Act 
(Public Law 93-454). Under this Act, the Bonneville Power 
Administration is authorized to use its revenues to finance the 
costs of its operations, maintenance, and capital construction 
and to sell bonds to the Treasury if necessary to finance any 
additional capital program requirements.
    Beginning in fiscal year 2011, power revenues from the 
Southeastern, Southwestern, and Western Area Power 
Administrations, which were previously classified as mandatory 
offsetting receipts, were reclassified as discretionary 
offsetting collections to directly offset annual expenses. The 
capital expenses of Southwestern and Western Area Power 
Administrations are appropriated annually.
    Beginning in fiscal year 2018, the Congressional Budget 
Office (CBO) changed its scoring of the PMAs. The change 
stemmed from information on execution of language regarding 
purchase power and wheeling expenses and offsetting collections 
included in this bill each year. The Committee appreciates the 
PMAs' and their customers' efforts to provide additional 
financial information. As in previous years, to address the 
increased score in the short-term, the recommendation reduces 
the maximum level for purchase power and wheeling below the 
budget request.
    The Committee again rejects the budget proposal to sell the 
transmission assets of the PMAs, change the laws governing how 
the PMAs establish power rates, and repeal the borrowing 
authority for the Western Area Power Administration. None of 
the funds provided in this Act shall be used for such purposes.

                  Bonneville Power Administration Fund

    The Bonneville Power Administration (BPA) is the 
Department's marketing agency for electric power in the Pacific 
Northwest. BPA provides electricity to a 300,000 square mile 
service area in the Columbia River drainage basin and it 
markets the power from federal hydropower projects in the 
Northwest, as well as power from non-federal generating 
facilities in the region, and exchanges and markets surplus 
power with Canada and California.
    Satsop Business Park, Washington.--The Committee notes the 
ongoing efforts to provide increased power capacity to 
underutilized infrastructure. Bonneville is encouraged to 
continue to work with the local public utility district and 
partners and to consider the economic development opportunities 
this may support.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Appropriation, 2020...................................            $- - -
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................             - - -
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    The Southeastern Power Administration (SEPA) markets 
hydroelectric power produced at 22 Corps Projects in 11 states 
in the southeast. Southeastern does not own or operate any 
transmission facilities, so it contracts to ``wheel'' its power 
using the existing transmission facilities of area utilities.

      Operation and Maintenance, Southwestern Power Administration


 
 
 
Appropriation, 2020...................................       $10,400,000
Budget estimate, 2021.................................        10,400,000
Recommended, 2021.....................................        10,400,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    The Southwestern Power Administration (SWPA) markets 
hydroelectric power produced at 24 Corps projects in the six-
state area of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, 
and Texas. SWPA operates and maintains 1,380 miles of 
transmission lines, along with supporting substations and 
communications sites.

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


 
 
 
Appropriation, 2020...................................       $89,196,000
Budget estimate, 2021.................................        89,372,000
Recommended, 2021.....................................        89,372,000
Comparison:
    Appropriation, 2020...............................          +176,000
    Budget estimate, 2021.............................             - - -
 

    The Western Area Power Administration is responsible for 
marketing the electric power generated by the Bureau of 
Reclamation, the Corps, and the International Boundary and 
Water Commission. Western also operates and maintains a system 
of transmission lines nearly 17,000 miles long. Western 
provides electricity to 15 western states over a service area 
of 1.3 million square miles.

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2020...................................          $228,000
Budget estimate, 2021.................................           228,000
Recommended, 2021.....................................           228,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................             - - -
 

    Falcon Dam and Amistad Dam are two international water 
projects located on the Rio Grande River between Texas and 
Mexico. Power generated by hydroelectric facilities at these 
two dams is sold to public utilities through WAPA. The Foreign 
Relations Authorization Act for Fiscal Years 1994 and 1995 
created the Falcon and Amistad Operating and Maintenance Fund 
to defray the costs of operation, maintenance, and emergency 
activities. The Fund is administered by the Western Area Power 
Administration for use by the Commissioner of the U.S. Section 
of the International Boundary and Water Commission.

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2020...................................      $382,000,000
Budget estimate, 2021.................................       404,350,000
Recommended, 2021.....................................       404,350,000
Comparison:
    Appropriation, 2020...............................       +22,350,000
    Budget estimate, 2021.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2020...................................     -$382,000,000
Budget estimate, 2021.................................      -404,350,000
Recommended, 2021.....................................      -404,350,000
Comparison:
    Appropriation, 2020...............................       -22,350,000
    Budget estimate, 2021.............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $404,350,000, the same as the 
budget request. Revenues for FERC are established at a rate 
equal to the budget authority, resulting in a net appropriation 
of $0.
    FERC is directed to submit to the Committee not later than 
180 days after enactment of this Act a report detailing how it 
will establish and operate the Office of Public Participation 
required under section 319 of the Federal Power Act, beginning 
in fiscal year 2022. As part of the report, FERC shall provide 
an organizational structure and budget for the office 
sufficient to carry out its statutory obligations. The report 
shall assume that funding for the Office of Public 
Participation will be derived through annual charges and filing 
fees as authorized by the Federal Power Act and the Omnibus 
Budget Reconciliation Act of 1986.
    The Committee recognizes the importance of interregional 
transmission planning to the effective deployment of renewable 
energy sources and encourages FERC to undertake a review to 
evaluate the effectiveness of its existing interregional 
transmission coordination requirements and consider specific 
improvements to those requirements that would better promote 
the identification and development of more efficient and cost-
effective transmission facilities and cost allocation 
methodologies that reflect the multiple benefits provided by 
interregional transmission facilities.

                        COMMITTEE RECOMMENDATION

    The Committee's detailed funding recommendations for 
programs in Title III are contained in the following table.


                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


                     (INCLUDING TRANSFER OF FUNDS)

    The bill includes a provision that prohibits the use of 
funds provided in this title to initiate requests for 
proposals, other solicitations or arrangements for new programs 
or activities that have not yet been approved and funded by the 
Congress; requires notification or a report for certain funding 
actions; prohibits funds to be used for certain multi-year 
``Energy Programs'' activities without notification; prohibits 
the obligation or expenditure of funds provided in this title 
through a reprogramming of funds except in certain 
circumstances; and permits the transfer and merger of 
unexpended balances of prior appropriations with appropriation 
accounts established in this bill.
    The bill continues a provision that authorizes intelligence 
activities of the Department of Energy for purposes of section 
504 of the National Security Act of 1947.
    The bill continues a provision that prohibits the use of 
funds in this title for capital construction of high hazard 
nuclear facilities, unless certain independent oversight is 
conducted.
    The bill continues a provision that prohibits the use of 
funds provided in this title to approve critical decision-2 or 
critical decision-3 for certain construction projects, unless a 
separate independent cost estimate has been developed for that 
critical decision.
    The bill includes a provision regarding authority to 
release refined petroleum product from the Strategic Petroleum 
Reserve (SPR).
    The bill includes a provision to direct the Western Area 
Power Administration to transfer funds to the Department of 
Interior, Bureau of Reclamation's Upper Colorado River Basin 
Fund and to prohibit certain payments.
    The bill includes a provision prohibiting funding for 
certain activities unless notification requirements are met.
    The bill includes a provision prohibiting funding for 
certain activities. This provision does not limit science-based 
stockpile stewardship activities consistent with the zero-yield 
standard and requirements under other provisions of law, such 
as sections 2523, 2525, and 2401 of title 50, United States 
Code.
    The bill includes a provision prohibiting funding for a 
certain activities.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2020...................................      $175,000,000
Budget estimate, 2021.................................       165,000,000
Recommended, 2021.....................................       175,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +10,000,000
 

    The Appalachian Regional Commission (ARC) is a regional 
economic development agency established in 1965 by the 
Appalachian Regional Development Act (Public Law 89-4). It is 
composed of the governors of the 13 Appalachian states and a 
federal co-chair appointed by the President. Each year, the ARC 
provides funding for several hundred projects in the 
Appalachian Region in areas such as business development, 
education and job training, telecommunications, infrastructure, 
community development, housing, and transportation.
    The Committee directs $10,000,000 to develop projects 
focused on workforce reentry strategies that both strengthen 
local economies and support Appalachians who have achieved 
long-term recovery from a substance use disorder.
    To diversify and enhance regional business development, 
$10,000,000 is provided to continue the program of high-speed 
broadband deployment in distressed counties within the Central 
Appalachian region that have been most negatively impacted by 
the downturn in the coal industry.
    Within available funds, not less than $15,000,000 is for 
counties within the Northern Appalachian region to support 
economic development, manufacturing, and entrepreneurship.
    Within available funds, the Committee directs $65,000,000 
for activities in support of the POWER+ Plan for activities 
that target resources to help communities and regions that have 
been affected by job losses in coal mining, coal power plant 
operations, and coal related supply chain industries due to the 
economic downturn of the coal industry. These projects will 
create and retain jobs, assist businesses, and prepare 
thousands of workers and students with globally competitive 
skills and opportunities in the region's manufacturing, 
technology, entrepreneurship, agriculture, and other emerging 
sectors.
    The Committee encourages the ARC to expand activities in 
the lower Appalachian region to stimulate greenhouse production 
alternatives for small farmers in the region, including working 
with a university partner. The Committee notes this activity 
may provide potential to expand production opportunities and to 
potentially expand the farm-to-table sector with direct and 
indirect economic benefits.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The ARC provides about 60 percent of 
its funds to benefit distressed counties or distressed areas in 
the Appalachian region. The Committee continues to believe this 
should be the primary focus of the ARC. The Committee directs 
the ARC to provide to the Committee not later than 90 days 
after enactment of this Act a formal report on the percentage 
of funding that has been directed to persistent poverty 
counties and high poverty areas in the last three fiscal years.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2020...................................       $31,000,000
Budget estimate, 2021.................................        28,836,000
Recommended, 2021.....................................        31,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................        +2,164,000
 

    The Defense Nuclear Facilities Safety Board (DNFSB) was 
created by the National Defense Authorization Act for Fiscal 
Year 1989. The Board, composed of five members appointed by the 
President, provides advice and recommendations to the Secretary 
of Energy regarding public health and safety issues at the 
Department's defense nuclear facilities. The Board is 
responsible for reviewing and evaluating the content and 
implementation of the standards relating to the design, 
construction, operation, and decommissioning of the Department 
of Energy's defense nuclear facilities.
    The Committee remains concerned that the Board is not 
adequately staffed and directs the Board to increase its staff 
to a minimum of 110 full-time equivalents with a focus on 
maintaining appropriate technical capabilities. The Committee 
notes the Board's progress in assigning additional site 
representatives at key facilities. The Committee expects the 
Board to fill the vacancy for the Executive Director of Board 
Operations position as expeditiously as possible. Additionally, 
the Board is directed to enter into a Memorandum of 
Understanding with the Department of Energy to govern how the 
organizations interact and interface.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2020...................................       $30,000,000
Budget estimate, 2021.................................         2,500,000
Recommended, 2021.....................................        15,000,000
Comparison:
    Appropriation, 2020...............................       -15,000,000
    Budget estimate, 2021.............................       +12,500,000
 

    The Delta Regional Authority (DRA) is a federal-state 
partnership established by the Delta Regional Authority Act of 
2000 (Public Law 106-554) that serves a 252-county/parish area 
in an eight-state region near the mouth of the Mississippi 
River. Led by a federal cochair and the governors of each 
participating state, the DRA is designed to remedy severe and 
chronic economic distress by stimulating economic development 
and fostering partnerships that will have a positive impact on 
the region's economy. The DRA seeks to help local communities 
leverage other federal and state programs that are focused on 
basic infrastructure development, transportation improvements, 
business development, and job training services. Under federal 
law, at least 75 percent of appropriated funds must be invested 
in distressed counties and parishes, with 50 percent of the 
funds for transportation and basic infrastructure improvements.
    The Committee rejects the budget proposal to eliminate 
funding for the DRA and does not include any funds to shut down 
the DRA.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The fiscal year 2020 Act directed the 
DRA to provide a report on the percentage of funding and 
summary of activities that have been directed to distressed 
counties and isolated areas of distress in the last three 
fiscal years. The Committee directs the DRA to provide to the 
Committee not later than 90 days after enactment of this Act a 
formal report on the percentage of funding that has been 
directed to persistent poverty counties and high poverty areas 
in the last three fiscal years.
    The Committee recognizes the significant declines and job 
losses that many rural communities located along highly-
utilized navigable waterways have experienced in recent years. 
To assist these rural communities, the DRA is directed to 
partner with at least one academic institution in the region to 
investigate the economic competitiveness impact of tributaries 
stemming from major waterway systems connecting to the Gulf 
Intracoastal Waterway. The academic institution should have 
expertise in basic and applied water research and management. 
The DRA shall report its findings to the Committee not later 
than 180 days after enactment of this Act.

                           Denali Commission


 
 
 
Appropriation, 2020...................................       $15,000,000
Budget estimate, 2021.................................         7,300,000
Recommended, 2021.....................................        15,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................        +7,700,000
 

    The Denali Commission is a regional development agency 
established by the Denali Commission Act of 1998 (Public Law 
105-277) to provide critical utilities, infrastructure, health 
services, and economic support throughout Alaska. To ensure 
that local communities have a stake in Commission-funded 
projects, local cost-share requirements for construction and 
equipment have been established for both distressed and non-
distressed communities.
    The Committee rejects the budget proposal to eliminate 
funding for the Denali Commission and does not include any 
funds to shut down the Denali Commission.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The fiscal year 2020 Act directed the 
Denali Commission to provide a report on the percentage of 
funding and summary of activities that have been directed to 
distressed counties and isolated areas of distress in the last 
three fiscal years. The Committee directs the Denali Commission 
to provide not later than 90 days after enactment of this Act a 
formal report on the percentage of funding that has been 
directed to persistent poverty counties and high poverty areas 
in the last three fiscal years.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2020...................................       $25,000,000
Budget estimate, 2021.................................           850,000
Recommended, 2021.....................................        25,000,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................       +24,150,000
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Northern Border 
Regional Commission (NBRC) as a federal-state partnership 
intended to address the economic development needs of 
distressed portions of the four-state region of Maine, New 
Hampshire, Vermont, and New York.
    The Committee rejects the budget proposal to eliminate 
funding for the NBRC and does not include any funds to shut 
down the NBRC. The Committee supports targeted investment in 
impoverished areas to promote economic development in 
communities where it has been scarce, both in persistent 
poverty counties and in other high-poverty areas. The fiscal 
year 2020 Act directed the Commission to provide a report on 
the percentage of funding and summary of activities that have 
been directed to distressed counties and isolated areas of 
distress in the last three fiscal years. The Committee directs 
the NBRC to provide not later than 90 days after enactment of 
this Act a formal report on the percentage of funding that has 
been directed to persistent poverty counties and high poverty 
areas in the last three fiscal years.
    Within available funds, the Committee directs $4,000,000 
for initiatives that seek to address the decline in forest-
based economies throughout the region and $1,250,000 for the 
State Capacity Grant Program.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2020...................................          $250,000
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................         1,000,000
Comparison:
    Appropriation, 2020...............................          +750,000
    Budget estimate, 2021.............................        +1,000,000
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Southeast Crescent 
Regional Commission as a federal-state partnership intended to 
address the economic development needs of distressed portions 
of the seven state region in the southeastern United States not 
already served by a regional development agency. The Committee 
strongly encourages the Administration to promptly appoint a 
Federal Co-Chair for the Commission.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas.

                  Southwest Border Regional Commission


 
 
 
Appropriation, 2020...................................            $- - -
Budget estimate, 2021.................................             - - -
Recommended, 2021.....................................           250,000
Comparison:
    Appropriation, 2020...............................          +250,000
    Budget estimate, 2021.............................          +250,000
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Southwest Border 
Regional Commission (SWBRC) as a federal-state partnership 
intended to address the economic development needs of 
distressed portions of the four-state region of Arizona, 
California, New Mexico and Texas.
    The Committee strongly encourages the Administration to 
promptly appoint a Federal Co-Chair in order to establish key 
partnerships with local communities, and to consider 
opportunities to establish a regional presence in or near major 
inland ports of entry.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2020...................................      $842,236,000
Budget estimate, 2021.................................       849,900,000
Recommended, 2021.....................................       849,900,000
Comparison:
    Appropriation, 2020...............................        +7,664,000
    Budget estimate, 2021.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2020...................................     -$717,125,000
Budget estimate, 2021.................................      -729,293,000
Recommended, 2021.....................................      -729,293,000
Comparison:
    Appropriation, 2020...............................       -12,168,000
    Budget estimate, 2021.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2020...................................      $125,111,000
Budget estimate, 2021.................................       120,607,000
Recommended, 2021.....................................       120,607,000
Comparison:
    Appropriation, 2020...............................        -4,504,000
    Budget estimate, 2021.............................             - - -
 

    The Committee recommendation for the Nuclear Regulatory 
Commission (NRC) provides the following amounts:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2020 enacted     FY 2021 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety..............................            $447,574            $452,850            $452,850
Nuclear Materials and Waste Safety..................             103,191             102,863             102,863
Decommissioning and Low-Level Waste.................              22,891              22,771              22,771
Integrated University Program.......................              16,000                   0              16,000
Corporate Support...................................             292,580             271,416             271,416
                                                     -----------------------------------------------------------
    Total, Program Level............................             882,236             849,900             865,900
    Savings and Carryover...........................             -40,000               - - -             -16,000
                                                     -----------------------------------------------------------
    Total...........................................             842,236             849,900             849,900
----------------------------------------------------------------------------------------------------------------

    The Commission is responsible for ensuring the safety and 
security of the nation's commercial nuclear reactors and 
overseeing certain nuclear materials and radioactive waste 
activities. The Committee expects the Commission to hold the 
nuclear industry to the highest safety standards in law and in 
regulation.
    Office of the Commission.--Within available funds, up to 
$9,500,000 is included for salaries, travel, and other support 
costs for the Office of the Commission. These salaries and 
expenses shall include only salaries, benefits, and travel 
costs and shall not include general and administrative and 
infrastructure costs. The Committee directs that these funds 
are to be jointly managed by the Commissioners, and the Act 
requires that the use and expenditure of these salaries and 
expenses shall only be by a majority vote of the Commission. 
The NRC shall continue to include a breakout and explanation of 
the Commission salaries and expenses in its annual budget 
requests. If the Commission wishes to change the composition of 
the funds requested for its salaries and expenses in future 
years, it must do so in an annual budget request or through a 
reprogramming.
    Transformation Initiative.--The Committee directs the 
Commission to continue to provide regular briefings to the 
Committee on the status of the Transformation Initiative, 
beginning not later than 90 days after enactment of this Act.
    Reactor Oversight and Safety.--The Commission is directed 
to continue to provide regular briefings to the Committee on 
the Commission's current reactor oversight and safety program, 
and on any proposed changes before they are implemented.
    Mitigation of Beyond-Design-Basis Events Rule.--The fiscal 
year 2020 Act directed the Commission to provide a briefing 
detailing its plans to ensure that nuclear reactors are 
adequately protected from the modern-day flooding and seismic 
hazards facing nuclear power plants. The Committee is still 
awaiting this briefing and directs the Commission to provide 
this briefing not later than 60 days after enactment of this 
Act.
    International Activities.--International Activities, not 
including the resources for import and export licensing, are 
funded as fee-relief activities and are excluded from fee 
recovery in accordance with the Nuclear Energy Innovation and 
Modernization Act (Public Law 115-439).
    Integrated University Program.--The Committee 
recommendation includes $16,000,000 to provide financial 
support for the university education programs, as the 
Commission continues to be reliant on a pipeline of highly 
trained nuclear engineers and scientists and benefits 
substantially from this university program. Of this amount, 
$5,500,000 is to be used for grants to support research 
projects that do not align with programmatic missions but are 
critical to maintaining the discipline of nuclear science and 
engineering.
    Budget Execution Plan.--The Commission shall provide a 
specific budget execution plan to the Committee not later than 
30 days after enactment of this Act. The plan shall include 
details at the product line level within each of the control 
points.
    Rulemaking.--The Commission shall list all planned 
rulemaking activities, including their priority, schedule, and 
actions taken to adhere to the backfit rule, in the annual 
budget request and the semi-annual report to Congress on 
licensing and regulatory activities.
    Re-Evaluation of Nuclear Medicine Event Reporting.--The 
Committee is pleased the Commission is independently evaluating 
extravasation medical event reporting and is engaging outside 
stakeholders and the Organization of Agreement States. 
Extravasations that exceed medical event reporting limits 
provided in 10 C.F.R. Part 35 Subpart M can harm patients 
through unintended radiation exposure, compromised imaging that 
negatively affects care, additional interventional procedures, 
and repeated imaging procedures. The Committee is concerned 
that the recommendations from the NRC Advisory Committee on 
Medical Use of Isotopes regarding the medical event reporting 
of extravasations are not focused on patient safety. The 
Committee encourages the Commission to keep patient safety at 
the forefront and to complete its evaluation of the 
inconsistent approach to medical event reporting expeditiously. 
Consistent application of medical event reporting criteria will 
reveal potential problems, both local or generic issues, with a 
facility's medical use of radioactive material and ensure that 
affected patients and their physicians will know about 
extravasations that exceed reporting limits. The Committee 
encourages the Commission to clarify when extravasations should 
not be excluded from the medical event reporting criteria and 
directs the Commission to provide a briefing on this topic not 
later than 30 days after enactment of this Act.
    The Committee encourages the Commission to ensure that 
patient safety is at the forefront of its examination of 
training and experience requirements for radiopharmaceuticals 
and to work with the medical community to ensure that important 
patient safeguards and the safety record of 
radiopharmaceuticals are maintained.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act (Public Law 116-136) included $3,300,000 
to prevent, prepare for, and respond to coronavirus.

                      Office of Inspector General


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2020...................................       $13,314,000
Budget estimate, 2021.................................        13,499,000
Recommended, 2021.....................................        13,499,000
Comparison:
    Appropriation, 2020...............................          +185,000
    Budget estimate, 2021.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2020...................................      -$10,929,000
Budget estimate, 2021.................................       -11,106,000
Recommended, 2021.....................................       -11,106,000
Comparison:
    Appropriation, 2020...............................          -177,000
    Budget estimate, 2021.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2020...................................        $2,385,000
Budget estimate, 2021.................................         2,393,000
Recommended, 2021.....................................         2,393,000
Comparison:
    Appropriation, 2020...............................            +8,000
    Budget estimate, 2021.............................             - - -
 

    The Committee includes $1,206,000 within this appropriation 
for the Defense Nuclear Facilities Safety Board for Inspector 
General services from the Nuclear Regulatory Commission 
Inspector General.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2020...................................        $3,600,000
Budget estimate, 2021.................................         5,600,000
Recommended, 2021.....................................         3,600,000
Comparison:
    Appropriation, 2020...............................             - - -
    Budget estimate, 2021.............................        -2,000,000
 

    The Nuclear Waste Technical Review Board (NWTRB) was 
established by the 1987 amendments to the Nuclear Waste Policy 
Act of 1982 to provide independent technical oversight of the 
Department of Energy's nuclear waste disposal program. The 
Committee expects the NWTRB to continue its active engagement 
with the Department and the Nuclear Regulatory Commission on 
issues involving nuclear waste disposal. The Committee does not 
include any funds for the legislative proposal in the budget 
request.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    The bill continues a provision requiring the Nuclear 
Regulatory Commission to fully comply with Congressional 
requests for information.
    The bill continues a provision regarding the circumstances 
in which the Nuclear Regulatory Commission may reprogram funds.

                      TITLE V--GENERAL PROVISIONS

    The bill continues a provision that prohibits the use of 
funds provided in this Act to, in any way, directly or 
indirectly influence congressional action on any legislation or 
appropriation matters pending before the Congress, other than 
to communicate to Members of Congress as described in section 
1913 of Title 18, United States Code.
    The bill continues a provision consolidating the transfer 
authorities into and out of accounts funded by this Act. No 
additional transfer authority is implied or conveyed by this 
provision. For the purposes of this provision, the term 
``transfer'' shall mean the shifting of all or part of the 
budget authority in one account to another.
    The bill continues a provision prohibiting funds in 
contravention of E.O. 12898 of February 11, 1994, regarding 
environmental justice.
    The bill includes a provision prohibiting funds in this Act 
from being used to maintain or establish computer networks 
unless such networks block the viewing, downloading, or 
exchange of pornography.

            TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                             INVESTIGATIONS

    The Committee recommendation provides an additional 
$110,000,000 for the Investigations account.

                              CONSTRUCTION

    The Committee recommendation provides an additional 
$10,000,000,000 for the Construction account.

                   MISSISSIPPI RIVER AND TRIBUTARIES

    The Committee recommendation provides an additional 
$875,000,000 for the Mississippi River and Tributaries account.

                       OPERATION AND MAINTENANCE

    The Committee recommendation provides an additional 
$5,000,000,000 for the Operation and Maintenance account.

                           REGULATORY PROGRAM

    The Committee recommendation provides an additional 
$50,000,000 for the Regulatory Program account.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

    The Committee recommendation provides an additional 
$500,000,000 for the Formerly Utilized Sites Remedial Action 
Program account.

                 FLOOD CONTROL AND COASTAL EMERGENCIES

    The Committee recommendation provides an additional 
$415,000,000 for the Flood Control and Coastal Emergencies 
account.

                                EXPENSES

    The Committee recommendation provides an additional 
$50,000,000 for the Expenses account.

                       DEPARTMENT OF THE INTERIOR


                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee recommendation provides an additional 
$3,000,000,000 for the Water and Related Resources account.

                          DEPARTMENT OF ENERGY


                 Energy Efficiency and Renewable Energy

    The Committee recommendation provides an additional 
$7,780,000,000 for the Energy Efficiency and Renewable Energy 
account.

                              Electricity

    The Committee recommendation provides an additional 
$3,350,000,000 for the Electricity account.

                             Nuclear Energy

    The Committee recommendation provides an additional 
$1,250,000,000 for the Nuclear Energy account.

                 Fossil Energy Research and Development

    The Committee recommendation provides an additional 
$1,250,000,000 for the Fossil Energy Research and Development 
account.

                   Non-Defense Environmental Cleanup

    The Committee recommendation provides an additional 
$200,000,000 for the Non-Defense Environmental Cleanup account.

      Uranium Enrichment Decontamination and Decommissioning Fund

    The Committee recommendation provides an additional 
$240,000,000 for the Uranium Enrichment Decontamination and 
Decommissioning Fund account.

                                Science

    The Committee recommendation provides an additional 
$6,250,000,000 for the Science account.

               Advanced Research Projects Agency--Energy

    The Committee recommendation provides an additional 
$250,000,000 for the Advanced Research Projects Agency--Energy 
account.

                   Indian Energy Policy and Programs

    The Committee recommendation provides an additional 
$150,000,000 for the Indian Energy Policy and Programs account.

                    Office of the Inspector General

    The Committee recommendation provides an additional 
$20,000,000 for the Office of the Inspector General account.

                     Defense Environmental Cleanup

    The Committee recommendation provides an additional 
$2,685,000,000 for the Defense Environmental Cleanup account.

                        Other Defense Activities

    The Committee recommendation provides an additional 
$50,000,000 for the Other Defense Activities account.

       GENERAL PROVISIONS--ADDITIONAL INFRASTRUCTURE INVESTMENTS

    The bill includes a provision regarding reporting 
requirements.
    The bill includes a provision regarding inter-agency 
collaboration with respect to the Weatherization Assistance 
Program.
    The bill includes a provision regarding innovative 
activities within the Weatherization Assistance Program.
    The bill includes a provision regarding modifications to 
the Weatherization Assistance Program.
    The bill includes a provision regarding a study regarding 
renewable energy and associated infrastructure.
    The bill includes a provision regarding cost-share 
requirements for the Delta Regional Authority, the Northern 
Border Regional Commission, and the Denali Commission.
    The bill includes a provision regarding the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill.

                   TITLE I--CORPS OF ENGINEERS--CIVIL

    Under section 103, ``General Provisions, Corps of 
Engineers--Civil'', $5,400,000 under the heading ``Operation 
and Maintenance'' may be transferred to the Fish and Wildlife 
Service to mitigate for fisheries lost due to Corps projects.

                    TITLE II--BUREAU OF RECLAMATION

    Under ``Water and Related Resources'', $58,476,000 is 
available for transfer to the Upper Colorado River Basin Fund 
and $5,584,000 is available for transfer to the Lower Colorado 
River Basin Development Fund. Such funds as may be necessary 
may be advanced to the Colorado River Dam Fund. Additionally, 
$25,882,000 is available for transfer into the Blackfeet Water 
Settlement Implementation Fund established by section 3717 of 
Public Law 114-322. The amounts of transfers may be increased 
or decreased within the overall appropriation under the 
heading.
    Under ``California Bay-Delta Restoration'', such sums as 
may be necessary to carry out authorized purposes may be 
transferred to appropriate accounts of other participating 
federal agencies.

                    TITLE III--DEPARTMENT OF ENERGY

    Under ``Atomic Energy Defense Activities--National Nuclear 
Security Administration--Naval Reactors'', $91,000,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'' for the Advanced Test Reactor.
    Under ``Defense Uranium Enrichment Decontamination and 
Decommissioning'', $821,583,000 is deposited into the ``Defense 
Environmental Cleanup'' account and transferred to the 
``Uranium Decontamination and Decommissioning Fund''.
    Under section 301, ``General Provisions--Department of 
Energy,'' unexpended balances of prior appropriations provided 
for activities in this Act may be available for 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.
    Under section 306, ``General Provisions--Department of 
Energy,'' $21,400,000 shall be transferred to ``Department of 
Interior--Bureau of Reclamation--Colorado River Basin Fund'' 
for environmental stewardship and endangered species recovery 
efforts.

            TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS

    Under ``Bureau of Reclamation--Water and Related 
Resources,'' $100,000,000 shall be transferred to ``Department 
of The Interior'' for programs, projects, and activities 
authorized by the Central Utah Project Completion Act, of which 
$1,300,000 shall be transferred to the ``Central Utah Project 
Completion Account'' for use by the Utah Reclamation and 
Mitigation and Conservation Commission for emergency 
assistance.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    Neither the bill nor the report contains any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.

                      TITLE I--CORPS OF ENGINEERS

    Language has been included under Corps of Engineers, 
Investigations, providing for detailed studies and plans and 
specifications of projects prior to construction.
    Language has been included under Corps of Engineers, 
Investigations, providing for a limited number of new starts.
    Language has been included under Corps of Engineers, 
Construction, stating that funds can be used for the 
construction of river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and 
related projects authorized by law, and for detailed studies 
and plans and specifications of such projects.
    Language has been included under Corps of Engineers, 
Construction, permitting the use of funds from the Inland 
Waterways Trust Fund and the Harbor Maintenance Trust Fund.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, permitting the use of funds 
from the Harbor Maintenance Trust Fund.
    Language has been included under the Corps of Engineers, 
Operation and Maintenance, stating that funds can be used 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 authorized harbor channels provided by a State, 
municipality, or other public agency that serve essential 
navigation needs of general commerce; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to 
navigation.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, permitting the use of funds from the 
Harbor Maintenance Trust Fund; providing for the use of funds 
from a special account for resource protection, research, 
interpretation, and maintenance activities at outdoor 
recreation areas; and allowing use of funds to cover the cost 
of operation and maintenance of dredged material disposal 
facilities for which fees have been collected.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing that one percent of the 
total amount of funds provided for each of the programs, 
projects, or activities funded under the Operation and 
Maintenance heading shall not be allocated to a field operating 
activity until the fourth quarter of the fiscal year and 
permitting the use of these funds for emergency activities as 
determined by the Chief of Engineers to be necessary and 
appropriate.
    Language has been included under Corps of Engineers, 
Expenses, regarding support of the Humphreys Engineer Support 
Center 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.
    Language has been included under Corps of Engineers, 
Expenses, providing that funds are available for official 
reception and representation expenses.
    Language has been included under Corps of Engineers, 
Expenses, prohibiting the use of other funds in Title I of this 
Act for the activities funded in Expenses.
    Language has been included under Corps of Engineers, 
Expenses, permitting any Flood Control and Coastal Emergency 
appropriation to 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.
    Language has been included to provide for funding for the 
Office of the Assistant Secretary of the Army for Civil Works.
    Language has been included under Corps of Engineers, 
General Provisions, section 101, providing that none of the 
funds may be available for obligation or expenditure through a 
reprogramming of funds except in certain circumstances.
    Language has been included under Corps of Engineers, 
General Provisions, section 102, prohibiting the execution of 
any contract for a program, project or activity which commits 
funds in excess of the amount appropriated (to include funds 
reprogrammed under section 101) that remain unobligated.
    Language has been included under Corps of Engineers, 
General Provisions, section 103, providing for transfer 
authority to the Fish and Wildlife Service for mitigation for 
lost fisheries.
    Language has been included under Corps of Engineers, 
General Provisions, section 104, prohibiting certain dredged 
material disposal activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 105, prohibiting certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting funds for 
reorganization of the Civil Works program.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, regarding the allocation of 
additional funding.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, prohibiting funds for certain 
construction activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 109, prohibiting funds for the 
issuance of certain permits.
    Language has been included under Corps of Engineers, 
General Provisions, section 110, regarding new construction 
starts.

                  TITLE II--DEPARTMENT OF THE INTERIOR

    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds are available 
for fulfilling federal responsibilities to Native Americans and 
for grants to and cooperative agreements with State and local 
governments and Indian tribes.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, allowing fund transfers within the 
overall appropriation to the Upper Colorado River Basin Fund 
and the Lower Colorado River Basin Development Fund; providing 
that such sums as necessary may be advanced to the Colorado 
River Dam Fund; allowing fund transfers to the Blackfeet Water 
Settlement Implementation Fund; and, transfers may be increased 
or decreased within the overall appropriation.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funds to be derived 
from the Reclamation Fund or the special fee account 
established by 16 U.S.C. 6806; that funds contributed under 43 
U.S.C. 395 by non-federal entities shall be available for 
expenditure; and that funds advanced under 43 U.S.C. 397a are 
to be credited to the Water and Related Resources account and 
available for expenditure.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds may be used 
for high priority projects carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funding of projects 
pursuant to 4007 of Public Law 114-322 with certain conditions.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, directing the Bureau 
of Reclamation to assess and collect the full amount of 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, providing that none of 
the funds under the heading may be used for the acquisition or 
lease of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court order adopted by 
consent or decree.
    Language has been included under Bureau of Reclamation, 
California Bay-Delta Restoration, permitting the transfer of 
funds to appropriate accounts of other participating federal 
agencies to carry out authorized programs; allowing funds made 
available under this heading to be used for the federal share 
of the costs of the CALFED Program management; and requiring 
that CALFED implementation be carried out with clear 
performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the program.
    Language has been included under Bureau of Reclamation, 
Policy and Administration, providing that funds are to be 
derived from the Reclamation Fund and prohibiting the use of 
any other appropriation in the Act for activities budgeted as 
policy and administration expenses.
    Language has been included under Bureau of Reclamation, 
Administrative Provision, providing for the purchase of motor 
vehicles for replacement.
    Language has been included under General Provisions, 
Department of the Interior, section 201, providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances.
    Language has been included under General Provisions, 
Department of the Interior, section 202, regarding the San Luis 
Unit and the Kesterson Reservoir in California.
    Language has been included under General Provisions, 
Department of the Interior, section 203, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 204, regarding the CALFED 
Bay-Delta Authorization Act.
    Language has been included under General Provisions, 
Department of the Interior, section 205, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 206, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 207, regarding the 
Reclamation States Emergency Drought Relief Act of 1991.
    Language has been included under General Provisions, 
Department of the Interior, section 208, regarding the Claims 
Resolution Settlement Act.
    Language has been included under General Provisions, 
Department of the Interior, section 209, prohibiting funds for 
certain activities.
    Language has been included under General Provisions, 
Department of the Interior, section 210, regarding the Omnibus 
Public Land Management Act of 2009.

                    TITLE III--DEPARTMENT OF ENERGY

    Language has been included under Energy Efficiency and 
Renewable Energy for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Cybersecurity, Energy 
Security, and Emergency Response for the purchase, 
construction, and acquisition of plant and capital equipment.
    Language has been included under Electricity for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Nuclear Energy for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Fossil Energy Research and 
Development for the acquisition of interest, including 
defeasible and equitable interest in any real property or any 
facility or for plant or facility acquisition or expansion, and 
for conducting inquires, technological investigations, and 
research concerning the extraction, processing, use and 
disposal of mineral substances without objectionable social and 
environmental costs under 30 U.S.C. 3, 1602 and 1603.
    Language has been included under the Naval Petroleum and 
Oil Shale Reserves, permitting the use of unobligated balances.
    Language has been included under Non-Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment and to allow collections to be 
expended for mercury storage costs.
    Language has been included under Science providing for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of motor vehicles.
    Language has been included under Title 17 Innovative 
Technology Loan Guarantee Program crediting fees collected 
pursuant to section 1702(h) of the Energy Policy Act of 2005 as 
offsetting collections to this account and making fees 
collected under section 1702(h) in excess of the appropriated 
amount unavailable for expenditure until appropriated.
    Language has been included under Title 17 Innovative 
Technology Loan Guarantee Program prohibiting the subordination 
of certain interests.
    Language has been included under Departmental 
Administration providing for the hire of passenger vehicles and 
for official reception and representation expenses.
    Language has been included under Departmental 
Administration providing, notwithstanding the provisions of the 
Anti-Deficiency Act, such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others, as long as such increases are offset by revenue 
increases of the same or greater amounts.
    Language has been included under Departmental 
Administration, notwithstanding 31 U.S.C. 3302, and consistent 
with the authorization in Public Law 95-238, to permit the 
Department of Energy to use revenues to offset appropriations. 
The appropriations language for this account reflects the total 
estimated program funding to be reduced as revenues are 
received.
    Language has been included under Weapons Activities for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of not to exceed one aircraft, 
one ambulance, and two passenger buses for replacement only.
    Language has been included under Defense Nuclear 
Nonproliferation for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Naval Reactors for the 
acquisition of real property, plant, and capital equipment, 
facilities, and facility expansion.
    Language has been included under Naval Reactors 
transferring certain funds to Nuclear Energy.
    Language has been included under Federal Salaries and 
Expenses providing funding for official reception and 
representation expenses.
    Language has been included under Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment, and one motor vehicle.
    Language has been included under Defense Uranium Enrichment 
Decontamination and Decommissioning transferring funds to the 
Uranium Enrichment Decontamination and Decommissioning Fund.
    Language has been included under Other Defense Activities 
for the purchase, construction, and acquisition of plant and 
capital equipment.
    Language has been included under Bonneville Power 
Administration Fund providing funding for official reception 
and representation expenses and precluding any new direct loan 
obligations.
    Language has been included under Southeastern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southeastern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southeastern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Southwestern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southwestern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southwestern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration, providing funds for official reception and 
representation expenses.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration providing that, notwithstanding 31 U.S.C. 3302, 
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the Western Area Power Administration; 
amounts collected to recover purchase power and wheeling 
expenses shall be credited to the account as offsetting 
collections and remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that, notwithstanding 
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of those dams 
and associated Western Area Power Administration activities.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that the Western Area 
Power Administration may accept a limited amount of 
contributions from the United States power customers of the 
Falcon and Amistad Dams for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for operating and maintenance of hydroelectric 
facilities.
    Language has been included under Federal Energy Regulatory 
Commission to permit the hire of passenger motor vehicles, to 
provide official reception and representation expenses, and to 
permit the use of revenues collected to reduce the 
appropriation as revenues are received.
    Language has been included under Department of Energy, 
General Provisions, section 301, prohibiting the use of funds 
to prepare or initiate requests for proposals or other 
solicitations or arrangements for programs that have not yet 
been fully funded by the Congress; requiring notification and 
reporting requirements for certain funding awards; limiting the 
use of multi-year funding mechanisms; providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances; and providing that unexpended balances of prior 
appropriations may be transferred and merged with new 
appropriation accounts established in this Act.
    Language has been included under Department of Energy, 
General Provisions, section 302, providing that funds for 
intelligence activities are deemed to be specifically 
authorized for purposes of section 504 of the National Security 
Act of 1947 during fiscal year 2019 until enactment of the 
Intelligence Authorization Act for fiscal year 2019.
    Language has been included under Department of Energy, 
General Provisions, section 303, prohibiting the use of funds 
for capital construction of high hazard nuclear facilities 
unless certain independent oversight is conducted.
    Language has been included under Department of Energy, 
General Provisions, section 304, prohibiting the use of funds 
to approve critical decision-2 or critical decision-3 for 
certain construction projects, unless a separate independent 
cost estimate has been developed for that critical decision.
    Language has been included under Department of Energy, 
General Provisions, section 305, authorizing the Secretary of 
Energy to draw down and sell refined petroleum product from the 
Strategic Petroleum Reserve under certain circumstances.
    Language has been included under Department of Energy, 
General Provisions, section 306, to allow the Western Area 
Power Administration to transfer $21,400,000 to the Department 
of Interior, Bureau of Reclamation's Upper Colorado River Basin 
Fund and to prohibit certain payments.
    Language has been included under Department of Energy, 
General Provisions, section 307, to prohibit funding for 
certain activities unless notification requirements are met.
    Language has been included under Department of Energy, 
General Provisions, section 308, to prohibit funding for 
certain activities.
    Language has been included under Department of Energy, 
General Provisions, section 309, to prohibit funding for 
certain activities.

                     TITLE IV--INDEPENDENT AGENCIES

    Language has been included under Appalachian Regional 
Commission providing for the hire of passenger vehicles and 
services authorized by section 3109 of title 5, United States 
Code.
    Language has been included under Delta Regional Authority 
allowing the expenditure of funds as authorized by the Delta 
Regional Authority Act of 2000, notwithstanding sections 
382F(d), 382M, and 382N of said Act.
    Language has been included under Denali Commission allowing 
the expenditure of funds notwithstanding section 306(g) of the 
Denali Commission Act of 1998, and providing for cost-share 
requirements for Commission-funded construction projects in 
distressed and non-distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998, as amended.
    Language has been included under Denali Commission allowing 
funding to be available for payment of a non-federal share for 
certain programs.
    Language has been included under Northern Border Regional 
Commission allowing the expenditure of funds, notwithstanding 
section 15751(b) of title 40, United States Code.
    Language has been included under Southeast Crescent 
Regional Commission allowing the expenditure of funds as 
authorized by subtitle V of title 40, United States Code.
    Language has been included under Southwest Border Regional 
Commission allowing the expenditure of funds as authorized by 
subtitle V of title 40, United States Code.
    Language has been included under Nuclear Regulatory 
Commission (NRC), Salaries and Expenses, that provides for 
salaries and other support costs for the Office of the 
Commission, to be controlled by majority vote of the 
Commission.
    Language has been included under Nuclear Regulatory 
Commission, Salaries and Expenses that provides for official 
representation expenses and permits the use of revenues from 
licensing fees, inspections services, and other services for 
salaries and expenses to reduce the appropriation as revenues 
are received. Funding is provided to support university 
research and development, and for a Nuclear Science and 
Engineering Grant Program.
    Language has been included under the NRC providing funds 
that are and are not derived from fee revenues.
    Language has been included under Office of Inspector 
General that provides for the use of revenues from licensing 
fees, inspections services, and other services for salaries and 
expenses, notwithstanding section 3302 of title 31, United 
States Code, to reduce the appropriation as revenues are 
received.
    Language has been included under Independent Agencies, 
General Provisions, section 401, requiring the NRC to comply 
with certain procedures when responding to Congressional 
requests for information.
    Language has been included under Independent Agencies, 
General Provision, section 402, providing that none of the 
funds for the NRC may be available for obligation or 
expenditure through a reprogramming of funds except in certain 
circumstances.

                      TITLE V--GENERAL PROVISIONS

    Language has been included under General Provisions, 
section 501, prohibiting the use of funds in this Act to 
influence congressional action on any legislation or 
appropriation matters pending before the Congress.
    Language has been included under General Provisions, 
section 502, prohibiting the transfer of funds except pursuant 
to a transfer made by, or transfer authority provided in this 
or any other appropriations Act, or certain other authorities, 
and requiring a report.
    Language has been included under General Provisions, 
section 503, prohibiting funds in contravention of Executive 
Order No. 12898 of February 11, 1994, regarding environmental 
justice.
    Language has been included under General Provisions, 
section 504, prohibiting funds from being used to maintain or 
establish computer networks unless such networks block the 
viewing, downloading, or exchange of pornography.

            TITLE VI--ADDITIONAL INFRASTRUCTURE INVESTMENTS

    Language has been included under Corps of Engineers, 
Investigations, regarding new starts.
    Language has been included under Corps of Engineers, 
Construction, providing that certain sections of law shall not 
apply to funds provided in this paragraph.
    Language has been included under Corps of Engineers, 
Construction, regarding new starts.
    Language has been included under Corps of Engineers, 
Construction, regarding the Continuing Authorities Program.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, regarding new starts.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, providing that section 902 
of Public Law 99-662 shall not apply to funds provided in this 
paragraph.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, prohibiting the use of funds 
provided in this paragraph for certain purposes
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing that section 9006 of 
Public Law 110-114 shall not apply to funds provided in this 
paragraph.
    Language has been included under Corps of Engineers, Flood 
Control and Coastal Emergencies, regarding certain authorized 
projects.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, prohibiting the use of funds in 
this paragraph for certain purposes.
    Language has been included under Department of Energy, 
Energy Efficiency and Renewable Energy to fund an innovation 
initiative.
    Language has been included under Department of Energy, 
Energy Efficiency and Renewable Energy to provide for 
apprenticeship pathways.
    Language has been included under Department of Energy, 
Energy Efficiency and Renewable Energy, prohibiting the use of 
funds in this paragraph for certain purposes.
    Language has been included under Department of Energy, 
Energy Efficiency and Renewable Energy to allow for expedited 
hiring and staffing.
    Language has been included under Department of Energy, 
Electricity to ensure regional diversity among eligible 
entities that receive funds.
    Language has been included under Department of Energy, 
Electricity to waive the cost-share requirements for certain 
entities.
    Language has been included under Department of Energy, 
Electricity to allow for expedited hiring and staffing.
    Language has been included under Department of Energy, 
Nuclear Energy to require certain requirements for Advanced 
Small Modular Reactor demonstrations.
    Language has been included under Department of Energy, 
Office of Indian Energy Policy and Programs to waive the cost-
share requirements.
    Language has been included under Department of Energy, 
Other Defense Activities providing that funds for intelligence 
activities are deemed to be specifically authorized for 
purposes of section 504 of the National Security Act of 1947.
    Language has been included under General Provisions, 
section 601, to require monthly reports on the allocation, 
obligation, and expenditures of funds.
    Language has been included under General Provisions, 
section 602, to develop an interagency collaboration effort.
    Language has been included under General Provisions, 
section 603, to establish an innovation fund for 
weatherization.
    Language has been included under General Provisions, 
section 604, to make technical changes to the weatherization 
program.
    Language has been included under General Provisions, 
section 605, regarding a determination related to renewable 
energy and associated infrastructure.
    Language has been included under General Provisions, 
section 606, waiving requirements relating to non-Federal cost-
share grants and cooperative agreements for the Delta Regional 
Authority, the Northern Border Regional Commission, and the 
Denali Commission.
    Language has been included under General Provisions, 
section 607, regarding the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          Program Duplication

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, no provision of this bill establishes 
or reauthorizes a program of the Federal Government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009



           *       *       *       *       *       *       *
TITLE VI--DEPARTMENT OF INTERIOR AUTHORIZATIONS

           *       *       *       *       *       *       *


Subtitle A--Cooperative Watershed Management Program

           *       *       *       *       *       *       *


SEC. 6002. PROGRAM.

  (a) Establishment.--Not later than 180 days after March 30, 
2009, the Secretary shall establish a program, to be known as 
the ``Cooperative Watershed Management Program'', under which 
the Secretary shall provide grants--
          (1)(A) to form a watershed group; or
          (B) to enlarge a watershed group; and
          (2) to conduct 1 or more projects in accordance with 
        the goals of a watershed group.
  (b) Application.--
          (1) Establishment of application process; criteria.--
        Not later than 1 year after March 30, 2009, the 
        Secretary shall establish--
                  (A) an application process for the program; 
                and
                  (B) in consultation with the States, 
                prioritization and eligibility criteria for 
                considering applications submitted in 
                accordance with the application process.
  (c) Distribution of Grant Funds.--
          (1) In general.--In distributing grant funds under 
        this section, the Secretary--
                  (A) shall comply with paragraph (2); and
                  (B) may give priority to watershed groups 
                that--
                          (i) represent maximum diversity of 
                        interests; or
                          (ii) serve subbasin-sized watersheds 
                        with an 8-digit hydrologic unit code, 
                        as defined by the United States 
                        Geological Survey.
          (2) Funding procedure.--In distributing grant funds 
        under this section, the Secretary--
                  (A) First phase.--
                          (i) In general.--The Secretary may 
                        provide to a grant recipient a first-
                        phase grant in an amount not greater 
                        than $100,000 each year for a period of 
                        not more than 3 years.
                          (ii) Mandatory use of funds.--The 
                        Secretary may provide to a grant 
                        recipient a first-phase grant in an 
                        amount not greater than $100,000 each 
                        year for a period of not more than 3 
                        years.
                                  (I) to establish or enlarge a 
                                watershed group;
                                  (II) to develop a mission 
                                statement for the watershed 
                                group;
                                  (III) to develop project 
                                concepts; and
                                  (IV) to develop a restoration 
                                plan.
                          (iii) Annual determination of 
                        eligibility.--
                                  (I) Determination.--For each 
                                year of a first-phase grant, 
                                not later than 270 days after 
                                the date on which a grant 
                                recipient first receives grant 
                                funds for the year, the 
                                Secretary shall determine 
                                whether the grant recipient has 
                                made sufficient progress during 
                                the year to justify additional 
                                funding.
                                  (II) Effect of 
                                determination.--If the 
                                Secretary determines under 
                                subclause (I) that the progress 
                                of a grant recipient during the 
                                year covered by the 
                                determination justifies 
                                additional funding, the 
                                Secretary shall provide to the 
                                grant recipient grant funds for 
                                the following year.
                          (iv) Advancement of conditions.--A 
                        grant recipient shall not be eligible 
                        to receive a second-phase grant under 
                        subparagraph (B) until the date on 
                        which the Secretary determines that the 
                        watershed group--
                                  (I) has approved articles of 
                                incorporation and bylaws 
                                governing the organization; and
                                  (II)(aa) holds regular 
                                meetings;
                                  (bb) has completed a mission 
                                statement; and
                                  (cc) has developed a 
                                restoration plan and project 
                                concepts for the watershed.
                          (v) Exception.--A watershed group 
                        that has not applied for or received 
                        first-phase grants may apply for and 
                        receive second-phase grants under 
                        subparagraph (B) if the Secretary 
                        determines that the group has satisfied 
                        the requirements of first-phase grants.
                  (B) Second phase.--
                          (i) In general.--A watershed group 
                        may apply for and receive second-phase 
                        grants of $1,000,000 each year for a 
                        period of not more than 4 years if--
                                  (I) the watershed group has 
                                applied for and received 
                                watershed grants under 
                                subparagraph (A); or
                                  (II) the Secretary determines 
                                that the watershed group has 
                                satisfied the requirements of 
                                first-phase grants.
                          (ii) Mandatory use of funds.--A grant 
                        recipient that receives a second-phase 
                        grant shall use the funds to plan and 
                        carry out watershed management 
                        projects.
                          (iii) Annual determination of 
                        eligibility.--
                                  (I) Determination.--For each 
                                year of the second-phase grant, 
                                not later than 270 days after 
                                the date on which a grant 
                                recipient first receives grant 
                                funds for the year, the 
                                Secretary shall determine 
                                whether the grant recipient has 
                                made sufficient progress during 
                                the year to justify additional 
                                funding.
                                  (II) Effect of 
                                determination.--If the 
                                Secretary determines under 
                                subclause (I) that the progress 
                                of a grant recipient during the 
                                year justifies additional 
                                funding, the Secretary shall 
                                provide to the grant recipient 
                                grant funds for the following 
                                year.
                          (iv) Advancement condition.--A grant 
                        recipient shall not be eligible to 
                        receive a third-phase grant under 
                        subparagraph (C) until the date on 
                        which the Secretary determines that the 
                        grant recipient has-
                                  (I) completed each 
                                requirement of the second-phase 
                                grant; and
                                  (II) demonstrated that 1 or 
                                more pilot projects of the 
                                grant recipient have resulted 
                                in demonstrable improvements, 
                                as determined by the Secretary, 
                                in the functioning condition of 
                                at least 1 river or stream in 
                                the watershed.
                  (C) Third phase.--
                          (i) Funding limitation.--
                                  (I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary may provide to a 
                                grant recipient a third-phase 
                                grant in an amount not greater 
                                than $5,000,000 for a period of 
                                not more than 5 years.
                                  (II) Exception.--The 
                                Secretary may provide to a 
                                grant recipient a third-phase 
                                grant in an amount that is 
                                greater than the amount 
                                described in subclause (I) if 
                                the Secretary determines that 
                                the grant recipient is capable 
                                of using the additional amount 
                                to further the purposes of the 
                                program in a way that could not 
                                otherwise be achieved by the 
                                grant recipient using the 
                                amount described in subclause 
                                (I).
                          (ii) Mandatory use of funds.--A grant 
                        recipient that receives a third-phase 
                        grant shall use the funds to plan and 
                        carry out at least 1 watershed 
                        management project.
          (3) Authorizing use of funds for administrative and 
        other costs.--A grant recipient that receives a grant 
        under this section may use the funds--
                  (A) to pay for--
                          (i) administrative and coordination 
                        costs, if the costs are not greater 
                        than the lesser of--
                                  (I) 20 percent of the total 
                                amount of the grant; or
                                  (II) $100,000;
                          (ii) the salary of not more than 1 
                        full-time employee of the watershed 
                        group; and
                          (iii) any legal fees arising from the 
                        establishment of the relevant watershed 
                        group; and
                  (B) to fund--
                          (i) water quality and quantity 
                        studies of the relevant watershed; and
                          (ii) the planning, design, and 
                        implementation of any projects relating 
                        to water quality or quantity.
  (d) Cost Share.--
          (1) Planning.--The Federal share of the cost of an 
        activity provided assistance through a first-phase 
        grant shall be 100 percent.
          (2) Projects carried out under second phase.--
                  (A) In general.--The Federal share of the 
                cost of any activity of a watershed management 
                project provided assistance through a second-
                phase grant shall not exceed 50 percent of the 
                total cost of the activity.
                  (B) Form of non-federal share.--The non-
                Federal share under subparagraph (A) may be in 
                the form of in-kind contributions.
  (e) Annual Reports.--
          (1) In general.--Not later than 1 year after the date 
        on which a grant recipient first receives funds under 
        this section, and annually thereafter, in accordance 
        with paragraph (2), the watershed group shall submit to 
        the Secretary a report that describes the progress of 
        the watershed group.
          (2) Required degree of detail.--The contents of an 
        annual report required under paragraph (1) shall 
        contain sufficient information to enable the Secretary 
        to complete each report required under subsection (f), 
        as determined by the Secretary.
  (f) Report.--Not later than 5 years after March 30, 2009, and 
every 5 years thereafter, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives 
a report that describes--
          (1) the ways in which the program assists the 
        Secretary--
                  (A) in addressing water conflicts;
                  (B) in conserving water;
                  (C) in improving water quality; and
                  (D) in improving the ecological resiliency of 
                a river or stream; and
          (2) benefits that the program provides, including, to 
        the maximum extent practicable, a quantitative analysis 
        of economic, social, and environmental benefits.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section--
          (1) $2,000,000 for each of fiscal years 2008 and 
        2009;
          (2) $5,000,000 for fiscal year 2010;
          (3) $10,000,000 for fiscal year 2011; and
          (4) $20,000,000 for each of fiscal years 2012 through 
        [2020] 2021.

           *       *       *       *       *       *       *


TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

           *       *       *       *       *       *       *


Subtitle B--Project Authorizations

           *       *       *       *       *       *       *


SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.

  (a) Findings and Purpose.--
          (1) Findings.--Congress finds that--
                  (A) drought, population increases, and 
                environmental needs are exacerbating water 
                supply issues across the western United States, 
                including the Rio Grande Basin in New Mexico;
                  (B) a report developed by the Bureau of 
                Reclamation and the Bureau of Indian Affairs in 
                2000 identified a serious need for the 
                rehabilitation and repair of irrigation 
                infrastructure of the Rio Grande Pueblos;
                  (C) inspection of existing irrigation 
                infrastructure of the Rio Grande Pueblos shows 
                that many key facilities, such as diversion 
                structures and main conveyance ditches, are 
                unsafe and barely, if at all, operable;
                  (D) the benefits of rehabilitating and 
                repairing irrigation infrastructure of the Rio 
                Grande Pueblos include--
                          (i) water conservation;
                          (ii) extending available water 
                        supplies;
                          (iii) increased agricultural 
                        productivity;
                          (iv) economic benefits;
                          (v) safer facilities; and
                          (vi) the preservation of the culture 
                        of Indian Pueblos in the State;
                  (E) certain Indian Pueblos in the Rio Grande 
                Basin receive water from facilities operated or 
                owned by the Bureau of Reclamation; and
                  (F) rehabilitation and repair of irrigation 
                infrastructure of the Rio Grande Pueblos would 
                improve--
                          (i) overall water management by the 
                        Bureau of Reclamation; and
                          (ii) the ability of the Bureau of 
                        Reclamation to help address potential 
                        water supply conflicts in the Rio 
                        Grande Basin.
          (2) Purpose.--The purpose of this section is to 
        direct the Secretary--
                  (A) to assess the condition of the irrigation 
                infrastructure of the Rio Grande Pueblos;
                  (B) to establish priorities for the 
                rehabilitation of irrigation infrastructure of 
                the Rio Grande Pueblos in accordance with 
                specified criteria; and
                  (C) to implement projects to rehabilitate and 
                improve the irrigation infrastructure of the 
                Rio Grande Pueblos.
  (b) Definitions.--In this section:
          (1) 2004 AGREEMENT.--The term ``2004 Agreement'' 
        means the agreement entitled ``Agreement By and Between 
        the United States of America and the Middle Rio Grande 
        Conservancy District, Providing for the Payment of 
        Operation and Maintenance Charges on Newly Reclaimed 
        Pueblo Indian Lands in the Middle Rio Grande Valley, 
        New Mexico'' and executed in September 2004 (including 
        any successor agreements and amendments to the 
        agreement).
          (2) Designated engineer.--The term ``designated 
        engineer'' means a Federal employee designated under 
        the Act of February 14, 1927 (69 Stat. 1098, chapter 
        138) to represent the United States in any action 
        involving the maintenance, rehabilitation, or 
        preservation of the condition of any irrigation 
        structure or facility on land located in the Six Middle 
        Rio Grande Pueblos.
          (3) District.--The term ``District'' means the Middle 
        Rio Grande Conservancy District, a political 
        subdivision of the State established in 1925.
          (4) Pueblo irrigation infrastructure.--The term 
        ``Pueblo irrigation infrastructure'' means any 
        diversion structure, conveyance facility, or drainage 
        facility that is--
                  (A) in existence as of the date of enactment 
                of this Act; and
                  (B) located on land of a Rio Grande Pueblo 
                that is associated with--
                          (i) the delivery of water for the 
                        irrigation of agricultural land; or
                          (ii) the delivery of water for the 
                        irrigation of agricultural land; or
          (5) Rio grande basin.--The term ``Rio Grande Basin'' 
        means the headwaters of the Rio Chama and the Rio 
        Grande Rivers (including any tributaries) from the 
        State line between Colorado and New Mexico downstream 
        to the elevation corresponding with the spillway crest 
        of Elephant Butte Dam at 4,457.3 feet mean sea level.
          (6) Rio grande pueblo.--The term ``Rio Grande 
        Pueblo'' means any of the 18 Pueblos that--
                  (A) occupy land in the Rio Grande Basin; and
                  (B) are included on the list of federally 
                recognized Indian tribes published by the 
                Secretary in accordance with section 104 of the 
                Federally Recognized Indian Tribe List Act of 
                1994 (25 U.S.C. 479a-1).
          (7)  Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the 
        Commissioner of Reclamation.
          (8) Six middle rio grande pueblos.--The term ``Six 
        Middle Rio Grande Pueblos'' means each of the Pueblos 
        of Cochiti, Santo Domingo, San Felipe, Santa Ana, 
        Sandia, and Isleta.
          (9) Special project.--The term ``special project'' 
        has the meaning given the term in the 2004 Agreement.
          (10) State.--The term ``State'' means the State of 
        New Mexico.
  (c) Irrigation Infrastructure Study.--
          (1) Study.--
                  (A) In general.--On the date of enactment of 
                this Act, the Secretary, in accordance with 
                subparagraph (B), and in consultation with the 
                Rio Grande Pueblos, shall--
                          (i) conduct a study of Pueblo 
                        irrigation infrastructure; and
                          (ii) based on the results of the 
                        study, develop a list of projects 
                        (including a cost estimate for each 
                        project), that are recommended to be 
                        implemented over a 10-year period to 
                        repair, rehabilitate, or reconstruct 
                        Pueblo irrigation infrastructure.
                  (B) Required consent.--In carrying out 
                subparagraph (A), the Secretary shall only 
                include each individual Rio Grande Pueblo that 
                notifies the Secretary that the Pueblo consents 
                to participate in--
                          (i) the conduct of the study under 
                        subparagraph (A)(i); and
                          (ii) the development of the list of 
                        projects under subparagraph (A)(ii) 
                        with respect to the Pueblo.
          (2) Priority.--
                  (A) Consideration of factors.--
                          (i) In general.--In developing the 
                        list of projects under paragraph 
                        (1)(A)(ii), the Secretary shall--
                                  (I) consider each of the 
                                factors described in 
                                subparagraph (B); and
                                  (II) prioritize the projects 
                                recommended for implementation 
                                based on--
                                          (aa) a review of each 
                                        of the factors; and
                                          (bb) a consideration 
                                        of the projected 
                                        benefits of the project 
                                        on completion of the 
                                        project.
                          (ii) Eligibility of projects.--A 
                        project is eligible to be considered 
                        and prioritized by the Secretary if the 
                        project addresses at least 1 factor 
                        described in subparagraph (B).
                  (B)  Factors.--  The factors referred to in 
                subparagraph (A) are--
                          (i)(I) the extent of disrepair of the 
                        Pueblo irrigation infrastructure; and
                          (II) the effect of the disrepair on 
                        the ability of the applicable Rio 
                        Grande Pueblo to irrigate agricultural 
                        land using Pueblo irrigation 
                        infrastructure;
                          (ii) whether, and the extent that, 
                        the repair, rehabilitation, or 
                        reconstruction of the Pueblo irrigation 
                        infrastructure would provide an 
                        opportunity to conserve water;
                          (iii)(I) the economic and cultural 
                        impacts that the Pueblo irrigation 
                        infrastructure that is in disrepair has 
                        on the applicable Rio Grande Pueblo; 
                        and
                          (II) the economic and cultural 
                        benefits that the repair, 
                        rehabilitation, or reconstruction of 
                        the Pueblo irrigation infrastructure 
                        would have on the applicable Rio Grande 
                        Pueblo;
                          (iv) the opportunity to address water 
                        supply or environmental conflicts in 
                        the applicable river basin if the 
                        Pueblo irrigation infrastructure is 
                        repaired, rehabilitated, or 
                        reconstructed; and
                          (v) the overall benefits of the 
                        project to efficient water operations 
                        on the land of the applicable Rio 
                        Grande Pueblo.
          (3) Consultation.--In developing the list of projects 
        under paragraph (1)(A)(ii), the Secretary shall consult 
        with the Director of the Bureau of Indian Affairs 
        (including the designated engineer with respect to each 
        proposed project that affects the Six Middle Rio Grande 
        Pueblos), the Chief of the Natural Resources 
        Conservation Service, and the Chief of Engineers to 
        evaluate the extent to which programs under the 
        jurisdiction of the respective agencies may be used--
                  (A) to assist in evaluating projects to 
                repair, rehabilitate, or reconstruct Pueblo 
                irrigation infrastructure; and
                  (B) to implement--
                          (i) a project recommended for 
                        implementation under paragraph 
                        (1)(A)(ii); or
                          (ii) any other related project 
                        (including on-farm improvements) that 
                        may be appropriately coordinated with 
                        the repair, rehabilitation, or 
                        reconstruction of Pueblo irrigation 
                        infrastructure to improve the efficient 
                        use of water in the Rio Grande Basin.
          (4) Report.--  Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Resources of the House of 
        Representatives a report that includes--
                  (A) the list of projects recommended for 
                implementation under paragraph (1)(A)(ii); and
                  (B) The factors referred to in subparagraph 
                (A) are--any findings of the Secretary with 
                respect to--
                          (i) the study conducted under 
                        paragraph (1)(A)(i);
                          (ii) the consideration of the factors 
                        under paragraph (2)(B); and
                          (iii) the consultations under 
                        paragraph (3).
          (5) Periodic review.--Not later than 4 years after 
        the date on which the Secretary submits the report 
        under paragraph (4) and every 4 years thereafter, the 
        Secretary, in consultation with each Rio Grande Pueblo, 
        shall--
                  (A) review the report submitted under 
                paragraph (4); and
                  (B) update the list of projects described in 
                paragraph (4)(A) in accordance with each factor 
                described in paragraph (2)(B), as the Secretary 
                determines to be appropriate.
  (d) Irrigation Infrastructure Grants.--
          (1)  In general.--The Secretary may provide grants 
        to, and enter into contracts or other agreements with, 
        the Rio Grande Pueblos to plan, design, construct, or 
        otherwise implement projects to repair, rehabilitate, 
        reconstruct, or replace Pueblo irrigation 
        infrastructure that are recommended for implementation 
        under subsection (c)(1)(A)(ii)--
                  (A) to increase water use efficiency and 
                agricultural productivity for the benefit of a 
                Rio Grande Pueblo;
                  (B) to conserve water; or
                  (C) to otherwise enhance water management or 
                help avert water supply conflicts in the Rio 
                Grande Basin.
          (2)  Limitation.--Assistance provided under paragraph 
        (1) shall not be used for--
                  (A) the repair, rehabilitation, or 
                reconstruction of any major impoundment 
                structure; or
                  (B) any on-farm improvements.
          (3)  Consultation.--In carrying out a project under 
        paragraph (1), the Secretary shall--
                  (A) consult with, and obtain the approval of, 
                the applicable Rio Grande Pueblo;
                  (B) consult with the Director of the Bureau 
                of Indian Affairs; and
                  (C) as appropriate, coordinate the project 
                with any work being conducted under the 
                irrigation operations and maintenance program 
                of the Bureau of Indian Affairs.
          (4) Cost-sharing requirement.--
                  (A) Federal share.--the list of projects 
                recommended for implementation under paragraph 
                (1)(A)(ii); and
                          (i) In general.--Except as provided 
                        in clause (ii), the Federal share of 
                        the total cost of carrying out a 
                        project under paragraph (1) shall be 
                        not more than 75 percent.
                          (ii) Exception.--  The Secretary may 
                        waive or limit the non-Federal share 
                        required under clause (i) if the 
                        Secretary determines, based on a 
                        demonstration of financial hardship by 
                        the Rio Grande Pueblo, that the Rio 
                        Grande Pueblo is unable to contribute 
                        the required non-Federal share.
                  (B) District contributions.--
                          (i) In general.--The Secretary may 
                        accept from the District a partial or 
                        total contribution toward the non-
                        Federal share required for a project 
                        carried out under paragraph (1) on land 
                        located in any of the Six Middle Rio 
                        Grande Pueblos if the Secretary 
                        determines that the project is a 
                        special project.
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the District to contribute 
                        to the non-Federal share of the cost of 
                        a project carried out under paragraph 
                        (1).
                  (C) State contributions.--
                          (i) In general.--The Secretary may 
                        accept from the State a partial or 
                        total contribution toward the non-
                        Federal share for a project carried out 
                        under paragraph (1).
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the State to contribute to 
                        the non-Federal share of the cost of a 
                        project carried out under paragraph 
                        (1).
                  (D) Form of non-federal share.--The non-
                Federal share under subparagraph (A)(i) may be 
                in the form of in-kind contributions, including 
                the contribution of any valuable asset or 
                service that the Secretary determines would 
                substantially contribute to a project carried 
                out under paragraph (1).
          (5) Operation and maintenance.--  The Secretary may 
        not use any amount made available under subsection 
        (g)(2) to carry out the operation or maintenance of any 
        project carried out under paragraph (1).
  (e) Effect on Existing Authority and Responsibilities.--
Nothing in this section--
          (1) affects any existing project-specific funding 
        authority; or
          (2) limits or absolves the United States from any 
        responsibility to any Rio Grande Pueblo (including any 
        responsibility arising from a trust relationship or 
        from any Federal law (including regulations), Executive 
        order, or agreement between the Federal Government and 
        any Rio Grande Pueblo).
  (f) Effect on Pueblo Water Rights or State Water Law.--
          (1) Pueblo water rights.--Nothing in this section 
        (including the implementation of any project carried 
        out in accordance with this section) affects the right 
        of any Pueblo to receive, divert, store, or claim a 
        right to water, including the priority of right and the 
        quantity of water associated with the water right under 
        Federal or State law.
          (2) State water law.--Nothing in this section 
        preempts or affects--
                  (A) State water law; or
                  (B) an interstate compact governing water.
  (g) Authorization of Appropriations.--
          (1) There is authorized to be appropriated to carry 
        out subsection (c) $4,000,000.
          (2) There is authorized to be appropriated to carry 
        out subsection (d) $6,000,000 for each of fiscal years 
        2010 through [2020] 2021.

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Subtitle F--Secure Water

           *       *       *       *       *       *       *


SEC. 9504. WATER MANAGEMENT IMPROVEMENT.

  (a) Authorization of Grants and Cooperative Agreements.--
          (1) Authority of secretary.--The Secretary may 
        provide any grant to, or enter into an agreement with, 
        any eligible applicant to assist the eligible applicant 
        in planning, designing, or constructing any 
        improvement--
                  (A) to conserve water;
                  (B) to increase water use efficiency;
                  (C) to facilitate water markets;
                  (D) to enhance water management, including 
                increasing the use of renewable energy in the 
                management and delivery of water;
                  (E) to accelerate the adoption and use of 
                advanced water treatment technologies to 
                increase water supply;
                  (F) to prevent the decline of species that 
                the United States Fish and Wildlife Service and 
                National Marine Fisheries Service have proposed 
                for listing under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) (or candidate 
                species that are being considered by those 
                agencies for such listing but are not yet the 
                subject of a proposed rule);
                  (G) to accelerate the recovery of threatened 
                species, endangered species, and designated 
                critical habitats that are adversely affected 
                by Federal reclamation projects or are subject 
                to a recovery plan or conservation plan under 
                the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) under which the Commissioner of 
                Reclamation has implementation 
                responsibilities; or
                  (H) to carry out any other activity--
                          (i) to address any climate-related 
                        impact to the water supply of the 
                        United States that increases ecological 
                        resiliency to the impacts of climate 
                        change; or
                          (ii) to prevent any water-related 
                        crisis or conflict at any watershed 
                        that has a nexus to a Federal 
                        reclamation project located in a 
                        service area.
          (2) Application.--To be eligible to receive a grant, 
        or enter into an agreement with the Secretary under 
        paragraph (1), an eligible applicant shall--
                  (A) be located within--
                          (i) the States and areas referred to 
                        in the first section of the Act of June 
                        17, 1902 (43 U.S.C. 391);
                          (ii) the State of Alaska; or
                          (iii) the State of Hawaii; and
                  (B) submit to the Secretary an application 
                that includes a proposal of the improvement or 
                activity to be planned, designed, constructed, 
                or implemented by the eligible applicant.
          (3) Requirements of grants and cooperative 
        agreements.--
                  (A) Compliance with requirements.--Each grant 
                and agreement entered into by the Secretary 
                with any eligible applicant under paragraph (1) 
                shall be in compliance with each requirement 
                described in subparagraphs (B) through (F).
                  (B) Agricultural operations.--
                          (i) In general.--Except as provided 
                        in clause (ii), in carrying out 
                        paragraph (1), the Secretary shall not 
                        provide a grant, or enter into an 
                        agreement, for an improvement to 
                        conserve irrigation water unless the 
                        eligible applicant agrees not--
                                  (I) to use any associated 
                                water savings to increase the 
                                total irrigated acreage of the 
                                eligible applicant; or
                                  (II) to otherwise increase 
                                the consumptive use of water in 
                                the operation of the eligible 
                                applicant, as determined 
                                pursuant to the law of the 
                                State in which the operation of 
                                the eligible applicant is 
                                located.
                          (ii) Indian tribes.--In the case of 
                        an eligible applicant that is an Indian 
                        tribe, in carrying out paragraph (1), 
                        the Secretary shall not provide a 
                        grant, or enter into an agreement, for 
                        an improvement to conserve irrigation 
                        water unless the Indian tribe agrees 
                        not--
                                  (I) to use any associated 
                                water savings to increase the 
                                total irrigated acreage more 
                                than the water right of that 
                                Indian tribe, as determined 
                                by--
                                          (aa) a court decree;
                                          (bb) a settlement;
                                          (cc) a law; or
                                          (dd) any combination 
                                        of the authorities 
                                        described in items (aa) 
                                        through (cc); or
                                  (II) to otherwise increase 
                                the consumptive use of water 
                                more than the water right of 
                                the Indian tribe described in 
                                subclause (I).
                  (C) Nonreimbursable Funds.--Any funds 
                provided by the Secretary to an eligible 
                applicant through a grant or agreement under 
                paragraph (1) shall be nonreimbursable.
                  (D) Title to improvements.--If an 
                infrastructure improvement to a federally owned 
                facility is the subject of a grant or other 
                agreement entered into between the Secretary 
                and an eligible applicant under paragraph (1), 
                the Federal Government shall continue to hold 
                title to the facility and improvements to the 
                facility.
                  (E) Cost Sharing.--
                          (i) Federal share.--The Federal share 
                        of the cost of any infrastructure 
                        improvement or activity that is the 
                        subject of a grant or other agreement 
                        entered into between the Secretary and 
                        an eligible applicant under paragraph 
                        (1) shall not exceed 50 percent of the 
                        cost of the infrastructure improvement 
                        or activity.
                          (ii) Calculation of non-federal 
                        share.--In calculating the non-Federal 
                        share of the cost of an infrastructure 
                        improvement or activity proposed by an 
                        eligible applicant through an 
                        application submitted by the eligible 
                        applicant under paragraph (2), the 
                        Secretary shall--
                                  (I) consider the value of any 
                                in-kind services that 
                                substantially contributes 
                                toward the completion of the 
                                improvement or activity, as 
                                determined by the Secretary; 
                                and
                                  (II) not consider any other 
                                amount that the eligible 
                                applicant receives from a 
                                Federal agency.
                          (iii) Maximum amount.--The amount 
                        provided to an eligible applicant 
                        through a grant or other agreement 
                        under paragraph (1) shall be not more 
                        than $5,000,000.
                          (iv) Operation and maintenance 
                        costs.--The non-Federal share of the 
                        cost of operating and maintaining any 
                        infrastructure improvement that is the 
                        subject of a grant or other agreement 
                        entered into between the Secretary and 
                        an eligible applicant under paragraph 
                        (1) shall be 100 percent.
                  (F) Liability.--
                          (i) In general.--Except as provided 
                        under chapter 171 of title 28, United 
                        States Code (commonly known as the 
                        ``Federal Tort Claims Act''), the 
                        United States shall not be liable for 
                        monetary damages of any kind for any 
                        injury arising out of an act, omission, 
                        or occurrence that arises in relation 
                        to any facility created or improved 
                        under this section, the title of which 
                        is not held by the United States.
                          (ii) Tort claims act.--Nothing in 
                        this section increases the liability of 
                        the United States beyond that provided 
                        in chapter 171 of title 28, United 
                        States Code (commonly known as the 
                        ``Federal Tort Claims Act'').
  (b) Research Agreements.--
          (1) Authority of secretary.--The Secretary may enter 
        into 1 or more agreements with any university, 
        nonprofit research institution, or organization with 
        water or power delivery authority to fund any research 
        activity that is designed--
                  (A) to conserve water resources;
                  (B) to increase the efficiency of the use of 
                water resources; or
                  (C) to enhance the management of water 
                resources, including increasing the use of 
                renewable energy in the management and delivery 
                of water.
          (2) Terms and conditions of secretary.--
                  (A) In general.--An agreement entered into 
                between the Secretary and any university, 
                institution, or organization described in 
                paragraph (1) shall be subject to such terms 
                and conditions as the Secretary determines to 
                be appropriate.
                  (B) Availability.--The agreements under this 
                subsection shall be available to all 
                Reclamation projects and programs that may 
                benefit from project-specific or programmatic 
                cooperative research and development.
  (c) Mutual Benefit.--Grants or other agreements made under 
this section may be for the mutual benefit of the United States 
and the entity that is provided the grant or enters into the 
cooperative agreement.
  (d) Relationship to Project-Specific Authority.--This section 
shall not supersede any existing project-specific funding 
authority.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$530,000,000] 
$600,000,000, to remain available until expended.

           *       *       *       *       *       *       *


                       TITLE X--WATER SETTLEMENTS

Subtitle A--San Joaquin River Restoration Settlement

           *       *       *       *       *       *       *


              PART II--RECLAMATION WATER SETTLEMENTS FUND

SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.

  (a) Establishment.--There is established in the Treasury of 
the United States a fund, to be known as the ``Reclamation 
Water Settlements Fund'', consisting of--
          (1) such amounts as are deposited to the Fund under 
        subsection (b); and
          (2) any interest earned on investment of amounts in 
        the Fund under subsection (d).
  (b) Deposits to Fund.--
          (1) In general.--[For each of fiscal years 2020 
        through 2029] For fiscal year 2020 and each fiscal year 
        thereafter, the Secretary of the Treasury shall deposit 
        in the Fund, if available, $120,000,000 of the revenues 
        that would otherwise be deposited for the fiscal year 
        in the fund established by the first section of the Act 
        of June 17, 1902 (32 Stat. 388, chapter 1093).
          (2) Availability of amounts.--Amounts deposited in 
        the Fund under paragraph (1) shall be made available 
        pursuant to this section--
                  (A) without further appropriation; and
                  (B) in addition to amounts appropriated 
                pursuant to any authorization contained in any 
                other provision of law.
  (c) Expenditures From Fund.--
          (1) In general.--
                  (A) Expenditures.--Subject to subparagraph 
                (B), [for each of fiscal years 2020 through 
                2034] for fiscal year 2020 and each fiscal year 
                thereafter, the Secretary may expend from the 
                Fund an amount not to exceed $120,000,000, plus 
                the interest accrued in the Fund, for the 
                fiscal year in which expenditures are made 
                pursuant to paragraphs (2) and (3).
                  (B) Additional expenditures.--The Secretary 
                may expend more than $120,000,000 for any 
                fiscal year if such amounts are available in 
                the Fund due to expenditures not reaching 
                $120,000,000 for prior fiscal years.
          (2) Authority.--The Secretary may expend money from 
        the Fund to implement a settlement agreement approved 
        by Congress that resolves, in whole or in part, 
        litigation involving the United States, if the 
        settlement agreement or implementing legislation 
        requires the Bureau of Reclamation to provide financial 
        assistance for, or plan, design, and construct--
                  (A) water supply infrastructure; or
                  (B) a project--
                          (i) to rehabilitate a water delivery 
                        system to conserve water; or
                          (ii) to restore fish and wildlife 
                        habitat or otherwise improve 
                        environmental conditions associated 
                        with or affected by, or located within 
                        the same river basin as, a Federal 
                        reclamation project that is in 
                        existence on the date of enactment of 
                        this Act.
          (3) Use for completion of project and other 
        settlements.--
                  (A) Priorities.--
                          (i) First priority.--
                                  (I) In general.--The first 
                                priority for expenditure of 
                                amounts in the Fund during the 
                                entire period in which the Fund 
                                is in existence shall be for 
                                the purposes described in, and 
                                in the order of, clauses (i) 
                                through (iv) of subparagraph 
                                (B).
                                  (II) Reserved amounts.--The 
                                Secretary shall reserve and use 
                                amounts deposited into the Fund 
                                in accordance with subclause 
                                (I).
                          (ii) Other purposes.--Any amounts in 
                        the Fund that are not needed for the 
                        purposes described in subparagraph (B) 
                        may be used for other purposes 
                        authorized in paragraph (2).
                  (B) Completion of project.--
                          (i) Navajo-gallup water supply 
                        project.--
                                  (I) In general.--Subject to 
                                subclause (II), effective 
                                beginning January 1, 2020, if, 
                                in the judgment of the 
                                Secretary on an annual basis 
                                the deadline described in 
                                section 10701(e)(1)(A)(ix) is 
                                unlikely to be met because a 
                                sufficient amount of funding is 
                                not otherwise available through 
                                appropriations made available 
                                pursuant to section 10609(a), 
                                the Secretary shall expend from 
                                the Fund such amounts on an 
                                annual basis consistent with 
                                paragraphs (1) and (2), as are 
                                necessary to pay the Federal 
                                share of the costs, and 
                                substantially complete as 
                                expeditiously as practicable, 
                                the construction of the water 
                                supply infrastructure 
                                authorized as part of the 
                                Project.
                                  (II) Maximum amount.--
                                          (aa) In general.--
                                        Except as provided 
                                        under item (bb), the 
                                        amount expended under 
                                        subclause (I) shall not 
                                        exceed $500,000,000 for 
                                        the period of fiscal 
                                        years 2020 through 
                                        2029.
                                          (bb) Exception.--The 
                                        limitation on the 
                                        expenditure amount 
                                        under item (aa) may be 
                                        exceeded during the 
                                        entire period in which 
                                        the Fund is in 
                                        existence if such 
                                        additional funds can be 
                                        expended without 
                                        limiting the amounts 
                                        identified in clauses 
                                        (ii) through (iv).
                          (ii) Other new mexico settlements.--
                                  (I) In general.--Subject to 
                                subclause (II), effective 
                                beginning January 1, 2020, in 
                                addition to the funding made 
                                available under clause (i), if 
                                in the judgment of the 
                                Secretary on an annual basis a 
                                sufficient amount of funding is 
                                not otherwise available through 
                                annual appropriations, the 
                                Secretary shall expend from the 
                                Fund such amounts on an annual 
                                basis consistent with 
                                paragraphs (1) and (2), as are 
                                necessary to pay the Federal 
                                share of the remaining costs of 
                                implementing the Indian water 
                                rights settlement agreements 
                                entered into by the State of 
                                New Mexico in the Aamodt 
                                adjudication and the Abeyta 
                                adjudication, if such 
                                settlements are subsequently 
                                approved and authorized by an 
                                Act of Congress and the 
                                implementation period has not 
                                already expired.
                                  (II) Maximum amount.--The 
                                amount expended under subclause 
                                (I) shall not exceed 
                                $250,000,000.
                          (iii) Montana settlements.--
                                  (I) In general.--Subject to 
                                subclause (II), effective 
                                beginning January 1, 2020, in 
                                addition to funding made 
                                available pursuant to clauses 
                                (i) and (ii), if in the 
                                judgment of the Secretary on an 
                                annual basis a sufficient 
                                amount of funding is not 
                                otherwise available through 
                                annual appropriations, the 
                                Secretary shall expend from the 
                                Fund such amounts on an annual 
                                basis consistent with 
                                paragraphs (1) and (2), as are 
                                necessary to pay the Federal 
                                share of the remaining costs of 
                                implementing Indian water 
                                rights settlement agreements 
                                entered into by the State of 
                                Montana with the Blackfeet 
                                Tribe, the Crow Tribe, or the 
                                Gros Ventre and Assiniboine 
                                Tribes of the Fort Belknap 
                                Indian Reservation in the 
                                judicial proceeding entitled 
                                ``In re the General 
                                Adjudication of All the Rights 
                                to Use Surface and Groundwater 
                                in the State of Montana'', if a 
                                settlement or settlements are 
                                subsequently approved and 
                                authorized by an Act of 
                                Congress and the implementation 
                                period has not already expired.
                                  (II) Maximum amount.--
                                          (aa) In general.--
                                        Except as provided 
                                        under item (bb), the 
                                        amount expended under 
                                        subclause (I) shall not 
                                        exceed $350,000,000 for 
                                        the period of fiscal 
                                        years 2020 through 
                                        2029.
                                          (bb) Exception.--The 
                                        limitation on the 
                                        expenditure amount 
                                        under item (aa) may be 
                                        exceeded during the 
                                        entire period in which 
                                        the Fund is in 
                                        existence if such 
                                        additional funds can be 
                                        expended without 
                                        limiting the amounts 
                                        identified in clause 
                                        (i), (ii), and (iv).
                                          (cc) Other funding.--
                                        The Secretary shall 
                                        ensure that any funding 
                                        under this clause shall 
                                        be provided in a manner 
                                        that does not limit the 
                                        funding available 
                                        pursuant to clauses (i) 
                                        and (ii).
                          (iv) Arizona settlement.--
                                  (I) In general.--Subject to 
                                subclause (II), effective 
                                beginning January 1, 2020, in 
                                addition to funding made 
                                available pursuant to clauses 
                                (i), (ii), and (iii), if in the 
                                judgment of the Secretary on an 
                                annual basis a sufficient 
                                amount of funding is not 
                                otherwise available through 
                                annual appropriations, the 
                                Secretary shall expend from the 
                                Fund such amounts on an annual 
                                basis consistent with 
                                paragraphs (1) and (2), as are 
                                necessary to pay the Federal 
                                share of the remaining costs of 
                                implementing an Indian water 
                                rights settlement agreement 
                                entered into by the State of 
                                Arizona with the Navajo Nation 
                                to resolve the water rights 
                                claims of the Nation in the 
                                Lower Colorado River basin in 
                                Arizona, if a settlement is 
                                subsequently approved and 
                                authorized by an Act of 
                                Congress and the implementation 
                                period has not already expired.
                                  (II) Maximum amount.--
                                          (aa) In general.--
                                        Except as provided 
                                        under item (bb), the 
                                        amount expended under 
                                        subclause (I) shall not 
                                        exceed $100,000,000 for 
                                        the period of fiscal 
                                        years 2020 through 
                                        2029.
                                          (bb) Exception.--The 
                                        limitation on the 
                                        expenditure amount 
                                        under item (aa) may be 
                                        exceeded during the 
                                        entire period in which 
                                        the Fund is in 
                                        existence if such 
                                        additional funds can be 
                                        expended without 
                                        limiting the amounts 
                                        identified in clauses 
                                        (i) through (iii).
                                          (cc) Other funding.--
                                        The Secretary shall 
                                        ensure that any funding 
                                        under this clause shall 
                                        be provided in a manner 
                                        that does not limit the 
                                        funding available 
                                        pursuant to clauses (i) 
                                        and (ii).
                  (C) Reversion.--If the settlements described 
                in clauses (ii) through (iv) of subparagraph 
                (B) have not been approved and authorized by an 
                Act of Congress by December 31, 2019, the 
                amounts reserved for the settlements shall no 
                longer be reserved by the Secretary pursuant to 
                subparagraph (A)(i) and shall revert to the 
                Fund [for any authorized use, as determined by 
                the Secretary.] for any use authorized under 
                paragraph (2).
  (d) Investment of Amounts.--
          (1) In general.--The Secretary shall invest such 
        portion of the Fund as is not, in the judgment of the 
        Secretary, required to meet current withdrawals.
          (2) Credits to fund.--The interest on, and the 
        proceeds from the sale or redemption of, any 
        obligations held in the Fund shall be credited to, and 
        form a part of, the Fund.
  (e) Transfers of Amounts.--
          (1) In general.--The amounts required to be 
        transferred to the Fund under this section shall be 
        transferred at least monthly from the general fund of 
        the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
          (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts 
        required to be transferred.
  [(f) Termination.--On September 30, 2034--
          [(1) the Fund shall terminate; and
          [(2) the unexpended and unobligated balance of the 
        Fund shall be transferred to the appropriate fund of 
        the Treasury.]

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                              ----------                              


                   CALFED BAY-DELTA AUTHORIZATION ACT



           *       *       *       *       *       *       *
TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

           *       *       *       *       *       *       *


SEC. 103. BAY DELTA PROGRAM.

  (a) In General.--
          (1) Record of decision as general framework.--The 
        Record of Decision is approved as a general framework 
        for addressing the Calfed Bay-Delta Program, including 
        its components relating to water storage, ecosystem 
        restoration, water supply reliability (including new 
        firm yield), conveyance, water use efficiency, water 
        quality, water transfers, watersheds, the Environmental 
        Water Account, levee stability, governance, and 
        science.
          (2) Requirements.--
                  (A) In general.--The Secretary and the heads 
                of the Federal agencies are authorized to carry 
                out the activities described in subsections (c) 
                through (f) consistent with--
                          (i) the Record of Decision;
                          (ii) the requirement that Program 
                        activities consisting of protecting 
                        drinking water quality, restoring 
                        ecological health, improving water 
                        supply reliability (including 
                        additional storage, conveyance, and new 
                        firm yield), and protecting Delta 
                        levees will progress in a balanced 
                        manner; and
                          (iii) this title.
                  (B) Multiple benefits.--In selecting 
                activities and projects, the Secretary and the 
                heads of the Federal agencies shall consider 
                whether the activities and projects have 
                multiple benefits.
  (b) Authorized Activities.--The Secretary and the heads of 
the Federal agencies are authorized to carry out the activities 
described in subsections (c) through (f) in furtherance of the 
Calfed Bay-Delta Program as set forth in the Record of 
Decision, subject to the cost-share and other provisions of 
this title, if the activity has been--
          (1) subject to environmental review and approval, as 
        required under applicable Federal and State law; and
          (2) approved and certified by the relevant Federal 
        agency, following consultation and coordination with 
        the Governor, to be consistent with the Record of 
        Decision.
  (c) Authorizations for Federal Agencies Under Applicable 
Law.--
          (1) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities 
        described in paragraphs (1) through (10) of subsection 
        (d), to the extent authorized under the reclamation 
        laws, the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (2) Administrator of the environmental protection 
        agency.--The Administrator of the Environmental 
        Protection Agency is authorized to carry out the 
        activities described in paragraphs (3), (5), (6), (7), 
        (8), and (9) of subsection (d), to the extent 
        authorized under the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), and other applicable law.
          (3) Secretary of the army.--The Secretary of the Army 
        is authorized to carry out the activities described in 
        paragraphs (1), (2), (6), (7), (8), and (9) of 
        subsection (d), to the extent authorized under flood 
        control, water resource development, and other 
        applicable law.
          (4) Secretary of commerce.--The Secretary of Commerce 
        is authorized to carry out the activities described in 
        paragraphs (2), (6), (7), and (9) of subsection (d), to 
        the extent authorized under the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (5) Secretary of agriculture.--The Secretary of 
        Agriculture is authorized to carry out the activities 
        described in paragraphs (3), (5), (6), (7), (8), and 
        (9) of subsection (d), to the extent authorized under 
        title XII of the Food Security Act of 1985 (16 U.S.C. 
        3801 et seq.), the Farm Security and Rural Investment 
        Act of 2002 (Public Law 107-171; 116 Stat. 134) 
        (including amendments made by that Act), and other 
        applicable law.
  (d) Description of Activities Under Applicable Law.--
          (1) Water storage.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) planning and feasibility studies 
                        for projects to be pursued with 
                        project-specific study for enlargement 
                        of--
                                  (I) the Shasta Dam in Shasta 
                                County; and
                                  (II) the Los Vaqueros 
                                Reservoir in Contra Costa 
                                County;
                          (ii) planning and feasibility studies 
                        for the following projects requiring 
                        further consideration--
                                  (I) the Sites Reservoir in 
                                Colusa County; and
                                  (II) the Upper San Joaquin 
                                River storage in Fresno and 
                                Madera Counties;
                          (iii) developing and implementing 
                        groundwater management and groundwater 
                        storage projects; and
                          (iv) comprehensive water management 
                        planning.
                  (B) Storage project authorization and 
                balanced calfed implementation.--
                          (i) In general.--If on completion of 
                        the feasibility study for a project 
                        described in clause (i) or (ii) of 
                        subparagraph (A), the Secretary, in 
                        consultation with the Governor, 
                        determines that the project should be 
                        constructed in whole or in part with 
                        Federal funds, the Secretary shall 
                        submit the feasibility study to 
                        Congress.
                          (ii) Finding of imbalance.--If 
                        Congress fails to authorize 
                        construction of the project by the end 
                        of the next full session following the 
                        submission of the feasibility study, 
                        the Secretary, in consultation with the 
                        Governor, shall prepare a written 
                        determination making a finding of 
                        imbalance for the Calfed Bay-Delta 
                        Program.
                          (iii) Report on rebalancing.--
                                  (I) In general.--If the 
                                Secretary makes a finding of 
                                imbalance for the Program under 
                                clause (ii), the Secretary, in 
                                consultation with the Governor, 
                                shall, not later than 180 days 
                                after the end of the full 
                                session described in clause 
                                (ii), prepare and submit to 
                                Congress a report on the 
                                measures necessary to rebalance 
                                the Program.
                                  (II) Schedules and 
                                alternatives.--The report shall 
                                include preparation of revised 
                                schedules and identification of 
                                alternatives to rebalance the 
                                Program, including resubmission 
                                of the project to Congress with 
                                or without modification, 
                                construction of other projects, 
                                and construction of other 
                                projects that provide 
                                equivalent water supply and 
                                other benefits at equal or 
                                lesser cost.
                  (C) Water supply and yield study.--
                          (i) In general.--The Secretary, 
                        acting through the Bureau of 
                        Reclamation and in coordination with 
                        the State, shall conduct a study of 
                        available water supplies and existing 
                        and future needs for water--
                                  (I) within the units of the 
                                Central Valley Project;
                                  (II) within the area served 
                                by Central Valley Project 
                                agricultural, municipal, and 
                                industrial water service 
                                contractors; and
                                  (III) within the Calfed Delta 
                                solution area.
                          (ii) Relationship to prior study.--In 
                        conducting the study, the Secretary 
                        shall incorporate and revise, as 
                        necessary, the results of the study 
                        required by section 3408(j) of the 
                        Central Valley Project Improvement Act 
                        of 1992 (Public Law 102-575; 106 Stat. 
                        4730).
                          (iii) Report.--Not later than 1 year 
                        after the date of enactment of this 
                        Act, the Secretary shall submit to the 
                        appropriate authorizing and 
                        appropriating committees of the Senate 
                        and the House of Representatives a 
                        report describing the results of the 
                        study, including--
                                  (I) new firm yield and water 
                                supply improvements, if any, 
                                for Central Valley Project 
                                agricultural water service 
                                contractors and municipal and 
                                industrial water service 
                                contractors, including those 
                                identified in Bulletin 160;
                                  (II) all water management 
                                actions or projects, including 
                                those identified in Bulletin 
                                160, that would--
                                          (aa) improve firm 
                                        yield or water supply; 
                                        and
                                          (bb) if taken or 
                                        constructed, balance 
                                        available water 
                                        supplies and existing 
                                        demand with due 
                                        recognition of water 
                                        right priorities and 
                                        environmental needs;
                                  (III) the financial costs of 
                                the actions and projects 
                                described under subclause (II); 
                                and
                                  (IV) the beneficiaries of 
                                those actions and projects and 
                                an assessment of the 
                                willingness of the 
                                beneficiaries to pay the 
                                capital costs and operation and 
                                maintenance costs of the 
                                actions and projects.
                  (D) Management.--The Secretary shall conduct 
                activities related to developing groundwater 
                storage projects to the extent authorized under 
                law.
                  (E) Comprehensive water planning.--The 
                Secretary shall conduct activities related to 
                comprehensive water management planning to the 
                extent authorized under law.
          (2) Conveyance.--
                  (A) South delta actions.--
                          (i) In general.--In the case of the 
                        South Delta, activities under this 
                        subparagraph consist of--
                                  (I) the South Delta 
                                Improvements Program through 
                                actions to--
                                          (aa) increase the 
                                        State Water Project 
                                        export limit to 8,500 
                                        cfs;
                                          (bb) install 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, under which 
                                        Federal agencies shall 
                                        cooperate with the 
                                        State to accelerate 
                                        installation of the 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, with an intent 
                                        to complete that 
                                        installation not later 
                                        than September 30, 
                                        2007;
                                          (cc) evaluate, 
                                        consistent with the 
                                        Record of Decision, 
                                        fish screens and intake 
                                        facilities at the Tracy 
                                        Pumping Plant 
                                        facilities; and
                                          (dd) increase the 
                                        State Water Project 
                                        export to the maximum 
                                        capability of 10,300 
                                        cfs;
                                  (II) reduction of 
                                agricultural drainage in South 
                                Delta channels, and other 
                                actions necessary to minimize 
                                the impact of drainage on 
                                drinking water quality;
                                  (III) evaluation of lower San 
                                Joaquin River floodway 
                                improvements;
                                  (IV) installation and 
                                operation of temporary barriers 
                                in the South Delta until fully 
                                operable barriers are 
                                constructed; and
                                  (V) actions to protect 
                                navigation and local diversions 
                                not adequately protected by 
                                temporary barriers.
                          (ii) Actions to increase pumping.--
                        Actions to increase pumping shall be 
                        accomplished in a manner consistent 
                        with the Record of Decision requirement 
                        to avoid redirected impacts and adverse 
                        impacts to fishery protection and with 
                        any applicable Federal or State law 
                        that protects--
                                  (I) water diversions and use 
                                (including avoidance of 
                                increased costs of diversion) 
                                by in-Delta water users 
                                (including in-Delta 
                                agricultural users that have 
                                historically relied on water 
                                diverted for use in the Delta);
                                  (II) water quality for 
                                municipal, industrial, 
                                agricultural, and other uses; 
                                and
                                  (III) water supplies for 
                                areas of origin.
                  (B) North delta actions.--In the case of the 
                North Delta, activities under this subparagraph 
                consist of--
                          (i) evaluation and implementation of 
                        improved operational procedures for the 
                        Delta Cross Channel to address fishery 
                        and water quality concerns;
                          (ii) evaluation of a screened 
                        through-Delta facility on the 
                        Sacramento River; and
                          (iii) evaluation of lower Mokelumne 
                        River floodway improvements.
                  (C) Interties.--Activities under this 
                subparagraph consist of--
                          (i) evaluation and construction of an 
                        intertie between the State Water 
                        Project California Aqueduct and the 
                        Central Valley Project Delta Mendota 
                        Canal, near the City of Tracy, as an 
                        operation and maintenance activity, 
                        except that the Secretary shall design 
                        and construct the intertie in a manner 
                        consistent with a possible future 
                        expansion of the intertie capacity (as 
                        described in subsection (f)(1)(B)); and
                          (ii) assessment of a connection of 
                        the Central Valley Project to the 
                        Clifton Court Forebay of the State 
                        Water Project, with a corresponding 
                        increase in the screened intake of the 
                        Forebay.
                  (D) Program to meet standards.--
                          (i) In general.--Prior to increasing 
                        export limits from the Delta for the 
                        purposes of conveying water to south-
                        of-Delta Central Valley Project 
                        contractors or increasing deliveries 
                        through an intertie, the Secretary 
                        shall, not later than 1 year after the 
                        date of enactment of this Act, in 
                        consultation with the Governor, develop 
                        and initiate implementation of a 
                        program to meet all existing water 
                        quality standards and objectives for 
                        which the Central Valley Project has 
                        responsibility.
                          (ii) Measures.--In developing and 
                        implementing the program, the Secretary 
                        shall include, to the maximum extent 
                        feasible, the measures described in 
                        clauses (iii) through (vii).
                          (iii) Recirculation program.--The 
                        Secretary shall incorporate into the 
                        program a recirculation program to 
                        provide flow, reduce salinity 
                        concentrations in the San Joaquin 
                        River, and reduce the reliance on the 
                        New Melones Reservoir for meeting water 
                        quality and fishery flow objectives 
                        through the use of excess capacity in 
                        export pumping and conveyance 
                        facilities.
                          (iv) Best management practices 
                        plan.--
                                  (I) In general.--The 
                                Secretary shall develop and 
                                implement, in coordination with 
                                the State's programs to improve 
                                water quality in the San 
                                Joaquin River, a best 
                                management practices plan to 
                                reduce the water quality 
                                impacts of the discharges from 
                                wildlife refuges that receive 
                                water from the Federal 
                                Government and discharge salt 
                                or other constituents into the 
                                San Joaquin River.
                                  (II) Coordination with 
                                interested parties.--The plan 
                                shall be developed in 
                                coordination with interested 
                                parties in the San Joaquin 
                                Valley and the Delta.
                                  (III) Coordination with 
                                entities that discharge 
                                water.--The Secretary shall 
                                also coordinate activities 
                                under this clause with other 
                                entities that discharge water 
                                into the San Joaquin River to 
                                reduce salinity concentrations 
                                discharged into the River, 
                                including the timing of 
                                discharges to optimize their 
                                assimilation.
                          (v) Acquisition of water.--The 
                        Secretary shall incorporate into the 
                        program the acquisition from willing 
                        sellers of water from streams tributary 
                        to the San Joaquin River or other 
                        sources to provide flow, dilute 
                        discharges of salt or other 
                        constituents, and to improve water 
                        quality in the San Joaquin River below 
                        the confluence of the Merced and San 
                        Joaquin Rivers, and to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives.
                          (vi) Purpose.--The purpose of the 
                        authority and direction provided to the 
                        Secretary under this subparagraph is to 
                        provide greater flexibility in meeting 
                        the existing water quality standards 
                        and objectives for which the Central 
                        Valley Project has responsibility so as 
                        to reduce the demand on water from New 
                        Melones Reservoir used for that purpose 
                        and to assist the Secretary in meeting 
                        any obligations to Central Valley 
                        Project contractors from the New 
                        Melones Project.
                          (vii) Updating of new melones 
                        operating plan.--The Secretary shall 
                        update the New Melones operating plan 
                        to take into account, among other 
                        things, the actions described in this 
                        title that are designed to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives, and to ensure that actions 
                        to enhance fisheries in the Stanislaus 
                        River are based on the best available 
                        science.
          (3) Water use efficiency.--
                  (A) Water conservation projects.--Activities 
                under this paragraph include water conservation 
                projects that provide water supply reliability, 
                water quality, and ecosystem benefits to the 
                California Bay-Delta system.
                  (B) Technical assistance.--Activities under 
                this paragraph include technical assistance for 
                urban and agricultural water conservation 
                projects.
                  (C) Water recycling and desalination 
                projects.--Activities under this paragraph 
                include water recycling and desalination 
                projects, including groundwater remediation 
                projects and projects identified in the Bay 
                Area Water Plan and the Southern California 
                Comprehensive Water Reclamation and Reuse Study 
                and other projects, giving priority to projects 
                that include regional solutions to benefit 
                regional water supply and reliability needs.
                  (D) Water measurement and transfer actions.--
                Activities under this paragraph include water 
                measurement and transfer actions.
                  (E) Urban water conservation.--Activities 
                under this paragraph include implementation of 
                best management practices for urban water 
                conservation.
                  (F) Reclamation and recycling projects.--
                          (i) Projects.--This subparagraph 
                        applies to--
                                  (I) projects identified in 
                                the Southern California 
                                Comprehensive Water Reclamation 
                                and Reuse Study, dated April 
                                2001 and authorized by section 
                                1606 of the Reclamation 
                                Wastewater and Groundwater 
                                Study and Facilities Act (43 
                                U.S.C. 390h-4); and
                                  (II) projects identified in 
                                the San Francisco Bay Area 
                                Regional Water Recycling 
                                Program described in the San 
                                Francisco Bay Area Regional 
                                Water Recycling Program 
                                Recycled Water Master Plan, 
                                dated December 1999 and 
                                authorized by section 1611 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                9).
                          (ii) Deadline.--Not later than 180 
                        days after the date of enactment of 
                        this Act, the Secretary shall--
                                  (I) complete the review of 
                                the existing studies of the 
                                projects described in clause 
                                (i); and
                                  (II) make the feasibility 
                                determinations described in 
                                clause (iii).
                          (iii) Feasibility determinations.--A 
                        project described in clause (i) is 
                        presumed to be feasible if the 
                        Secretary determines for the project--
                                  (I) in consultation with the 
                                affected local sponsoring 
                                agency and the State, that the 
                                existing planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) have been 
                                prepared consistent with Bureau 
                                of Reclamation procedures for 
                                projects under consideration 
                                for financial assistance under 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h 
                                et seq.); and
                                  (II) that the planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) demonstrate that 
                                the project will contribute to 
                                the goals of improving water 
                                supply reliability in the 
                                Calfed solution area or the 
                                Colorado River Basin within the 
                                State and otherwise meets the 
                                requirements of section 1604 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                2).
                          (iv) Report.--Not later than 90 days 
                        after the date of completion of a 
                        feasibility study or the review of a 
                        feasibility study under this 
                        subparagraph, the Secretary shall 
                        submit to the appropriate authorizing 
                        and appropriating committees of the 
                        Senate and the House of Representatives 
                        a report describing the results of the 
                        study or review.
          (4) Water transfers.--Activities under this paragraph 
        consist of--
                  (A) increasing the availability of existing 
                facilities for water transfers;
                  (B) lowering transaction costs through permit 
                streamlining; and
                  (C) maintaining a water transfer information 
                clearinghouse.
          (5) Integrated regional water management plans.--
        Activities under this paragraph consist of assisting 
        local and regional communities in the State in 
        developing and implementing integrated regional water 
        management plans to carry out projects and programs 
        that improve water supply reliability, water quality, 
        ecosystem restoration, and flood protection, or meet 
        other local and regional needs, in a manner that is 
        consistent with, and makes a significant contribution 
        to, the Calfed Bay-Delta Program.
          (6) Ecosystem restoration.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) implementation of large-scale 
                        restoration projects in San Francisco 
                        Bay and the Delta and its tributaries;
                          (ii) restoration of habitat in the 
                        Delta, San Pablo Bay, and Suisun Bay 
                        and Marsh, including tidal wetland and 
                        riparian habitat;
                          (iii) fish screen and fish passage 
                        improvement projects, including the 
                        Sacramento River Small Diversion Fish 
                        Screen Program;
                          (iv) implementation of an invasive 
                        species program, including prevention, 
                        control, and eradication;
                          (v) development and integration of 
                        Federal and State agricultural programs 
                        that benefit wildlife into the 
                        Ecosystem Restoration Program;
                          (vi) financial and technical support 
                        for locally-based collaborative 
                        programs to restore habitat while 
                        addressing the concerns of local 
                        communities;
                          (vii) water quality improvement 
                        projects to manage or reduce 
                        concentrations of salinity, selenium, 
                        mercury, pesticides, trace metals, 
                        dissolved oxygen, turbidity, sediment, 
                        and other pollutants;
                          (viii) land and water acquisitions to 
                        improve habitat and fish spawning and 
                        survival in the Delta and its 
                        tributaries;
                          (ix) integrated flood management, 
                        ecosystem restoration, and levee 
                        protection projects;
                          (x) scientific evaluations and 
                        targeted research on Program 
                        activities; and
                          (xi) strategic planning and tracking 
                        of Program performance.
                  (B) Reporting requirements.--The Secretary or 
                the head of the relevant Federal agency (as 
                appropriate under clause (ii)) shall provide to 
                the appropriate authorizing committees of the 
                Senate and the House of Representatives and 
                other appropriate parties in accordance with 
                this subparagraph--
                          (i) an annual ecosystem program plan 
                        report in accordance with subparagraph 
                        (C); and
                          (ii) detailed project reports in 
                        accordance with subparagraph (D).
                  (C) Annual ecosystem program plan.--
                          (i) In general.--Not later than 
                        October 1 of each year, with respect to 
                        each ecosystem restoration action 
                        carried out using Federal funds under 
                        this title, the Secretary, in 
                        consultation with the Governor, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives an annual ecosystem 
                        program plan report.
                          (ii) Purposes.--The purposes of the 
                        report are--
                                  (I) to describe the projects 
                                and programs to implement this 
                                subsection in the following 
                                fiscal year; and
                                  (II) to establish priorities 
                                for funding the projects and 
                                programs for subsequent fiscal 
                                years.
                          (iii) Contents.--The report shall 
                        describe--
                                  (I) the goals and objectives 
                                of the programs and projects;
                                  (II) program accomplishments;
                                  (III) major activities of the 
                                programs;
                                  (IV) the Federal agencies 
                                involved in each project or 
                                program identified in the plan 
                                and the cost-share arrangements 
                                with cooperating agencies;
                                  (V) the resource data and 
                                ecological monitoring data to 
                                be collected for the 
                                restoration projects and how 
                                the data are to be integrated, 
                                streamlined, and designed to 
                                measure the effectiveness and 
                                overall trend of ecosystem 
                                health in the Bay-Delta 
                                watershed;
                                  (VI) implementation schedules 
                                and budgets;
                                  (VII) existing monitoring 
                                programs and performance 
                                measures;
                                  (VIII) the status and 
                                effectiveness of measures to 
                                minimize the impacts of the 
                                program on agricultural land; 
                                and
                                  (IX) a description of 
                                expected benefits of the 
                                restoration program relative to 
                                the cost.
                          (iv) Special rule for land 
                        acquisition using federal funds.--For 
                        each ecosystem restoration project 
                        involving land acquisition using 
                        Federal funds under this title, the 
                        Secretary shall--
                                  (I) identify the specific 
                                parcels to be acquired in the 
                                annual ecosystem program plan 
                                report under this subparagraph; 
                                or
                                  (II) not later than 150 days 
                                before the project is approved, 
                                provide to the appropriate 
                                authorizing committees of the 
                                Senate and the House of 
                                Representatives, the United 
                                States Senators from the State, 
                                and the United States 
                                Representative whose district 
                                would be affected, notice of 
                                any such proposed land 
                                acquisition using Federal funds 
                                under this title submitted to 
                                the Federal or State agency.
                  (D) Detailed project reports.--
                          (i) In general.--In the case of each 
                        ecosystem restoration program or 
                        project funded under this title that is 
                        not specifically identified in an 
                        annual ecosystem program plan under 
                        subparagraph (C), not later than 45 
                        days prior to approval, the Secretary, 
                        in coordination with the State, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives recommendations on 
                        the proposed program or project.
                          (ii) Contents.--The recommendations 
                        shall--
                                  (I) describe the selection of 
                                the program or project, 
                                including the level of public 
                                involvement and independent 
                                science review;
                                  (II) describe the goals, 
                                objectives, and implementation 
                                schedule of the program or 
                                project, and the extent to 
                                which the program or project 
                                addresses regional and 
                                programmatic goals and 
                                priorities;
                                  (III) describe the monitoring 
                                plans and performance measures 
                                that will be used for 
                                evaluating the performance of 
                                the proposed program or 
                                project;
                                  (IV) identify any cost-
                                sharing arrangements with 
                                cooperating entities;
                                  (V) identify how the proposed 
                                program or project will comply 
                                with all applicable Federal and 
                                State laws, including the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                  (VI) in the case of any 
                                program or project involving 
                                the acquisition of private land 
                                using Federal funds under this 
                                title--
                                          (aa) describe the 
                                        process and timing of 
                                        notification of 
                                        interested members of 
                                        the public and local 
                                        governments;
                                          (bb) describe the 
                                        measures taken to 
                                        minimize impacts on 
                                        agricultural land 
                                        pursuant to the Record 
                                        of Decision; and
                                          (cc) include 
                                        preliminary management 
                                        plans for all 
                                        properties to be 
                                        acquired with Federal 
                                        funds, including an 
                                        overview of existing 
                                        conditions (including 
                                        habitat types in the 
                                        affected project area), 
                                        the expected ecological 
                                        benefits, preliminary 
                                        cost estimates, and 
                                        implementation 
                                        schedules.
          (7) Watersheds.--Activities under this paragraph 
        consist of--
                  (A) building local capacity to assess and 
                manage watersheds affecting the Delta system;
                  (B) technical assistance for watershed 
                assessments and management plans; and
                  (C) developing and implementing locally-based 
                watershed conservation, maintenance, and 
                restoration actions.
          (8) Water quality.--Activities under this paragraph 
        consist of--
                  (A) addressing drainage problems in the San 
                Joaquin Valley to improve downstream water 
                quality (including habitat restoration projects 
                that improve water quality) if--
                          (i) a plan is in place for monitoring 
                        downstream water quality improvements; 
                        and
                          (ii) State and local agencies are 
                        consulted on the activities to be 
                        funded;
                except that no right, benefit, or privilege is 
                created as a result of this subparagraph;
                  (B) implementation of source control programs 
                in the Delta and its tributaries;
                  (C) developing recommendations through 
                scientific panels and advisory council 
                processes to meet the Calfed Bay-Delta Program 
                goal of continuous improvement in Delta water 
                quality for all uses;
                  (D) investing in treatment technology 
                demonstration projects;
                  (E) controlling runoff into the California 
                aqueduct, the Delta-Mendota Canal, and other 
                similar conveyances;
                  (F) addressing water quality problems at the 
                North Bay Aqueduct;
                  (G) supporting and participating in the 
                development of projects to enable San Francisco 
                Bay Area water districts, and water entities in 
                San Joaquin and Sacramento Counties, to work 
                cooperatively to address their water quality 
                and supply reliability issues, including--
                          (i) connections between aqueducts, 
                        water transfers, water conservation 
                        measures, institutional arrangements, 
                        and infrastructure improvements that 
                        encourage regional approaches; and
                          (ii) investigations and studies of 
                        available capacity in a project to 
                        deliver water to the East Bay Municipal 
                        Utility District under its contract 
                        with the Bureau of Reclamation, dated 
                        July 20, 2001, in order to determine if 
                        such capacity can be utilized to meet 
                        the objectives of this subparagraph;
                  (H) development of water quality exchanges 
                and other programs to make high quality water 
                available for urban and other users;
                  (I) development and implementation of a plan 
                to meet all Delta water quality standards for 
                which the Federal and State water projects have 
                responsibility;
                  (J) development of recommendations through 
                science panels and advisory council processes 
                to meet the Calfed Bay-Delta Program goal of 
                continuous improvement in water quality for all 
                uses; and
                  (K) projects that are consistent with the 
                framework of the water quality component of the 
                Calfed Bay-Delta Program.
          (9) Science.--Activities under this paragraph consist 
        of--
                  (A) supporting establishment and maintenance 
                of an independent science board, technical 
                panels, and standing boards to provide 
                oversight and peer review of the Program;
                  (B) conducting expert evaluations and 
                scientific assessments of all Program elements;
                  (C) coordinating existing monitoring and 
                scientific research programs;
                  (D) developing and implementing adaptive 
                management experiments to test, refine, and 
                improve scientific understandings;
                  (E) establishing performance measures, and 
                monitoring and evaluating the performance of 
                all Program elements; and
                  (F) preparing an annual science report.
          (10) Diversification of water supplies.--Activities 
        under this paragraph consist of actions to diversify 
        sources of level 2 refuge supplies and modes of 
        delivery to refuges while maintaining the diversity of 
        level 4 supplies pursuant to section 3406(d)(2) of the 
        Central Valley Project Improvement Act (Public Law 102-
        575; 106 Stat. 4723).
  (e) New and Expanded Authorizations for Federal Agencies.--
          (1) In general.--The heads of the Federal agencies 
        described in this subsection are authorized to carry 
        out the activities described in subsection (f) during 
        each of fiscal years 2005 through [2020] 2021, in 
        coordination with the Governor.
          (2) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities 
        described in paragraphs (1), (2), and (4) of subsection 
        (f).
          (3) Administrator of the environmental protection 
        agency and the secretaries of agriculture and 
        commerce.--The Administrator of the Environmental 
        Protection Agency, the Secretary of Agriculture, and 
        the Secretary of Commerce are authorized to carry out 
        the activities described in subsection (f)(4).
          (4) Secretary of the army.--The Secretary of the Army 
        is authorized to carry out the activities described in 
        paragraphs (3) and (4) of subsection (f).
  (f) Description of Activities Under New and Expanded 
Authorizations.--
          (1) Conveyance.--Of the amounts authorized to be 
        appropriated under section 109, not more than 
        $184,000,000 may be expended for the following:
                  (A) San luis reservoir.--Funds may be 
                expended for feasibility studies, evaluation, 
                and implementation of the San Luis Reservoir 
                lowpoint improvement project, except that 
                Federal participation in any construction of an 
                expanded Pacheco Reservoir shall be subject to 
                future congressional authorization.
                  (B) Intertie.--Funds may be expended for 
                feasibility studies and evaluation of increased 
                capacity of the intertie between the State 
                Water Project California Aqueduct and the 
                Central Valley Project Delta Mendota Canal.
                  (C) Franks tract.--Funds may be expended for 
                feasibility studies and actions at Franks Tract 
                to improve water quality in the Delta.
                  (D) Clifton court forebay and the tracy 
                pumping plant.--Funds may be expended for 
                feasibility studies and design of fish screen 
                and intake facilities at Clifton Court Forebay 
                and the Tracy Pumping Plant facilities.
                  (E) Drinking water intake facilities.--
                          (i) In general.--Funds may be 
                        expended for design and construction of 
                        the relocation of drinking water intake 
                        facilities to in-Delta water users.
                          (ii) Drinking water quality.--The 
                        Secretary shall coordinate actions for 
                        relocating intake facilities on a time 
                        schedule consistent with subsection 
                        (d)(2)(A)(i)(I)(bb) or take other 
                        actions necessary to offset the 
                        degradation of drinking water quality 
                        in the Delta due to the South Delta 
                        Improvement Program.
                  (F) New melones reservoir.--
                          (i) In general.--In addition to the 
                        other authorizations granted to the 
                        Secretary by this title, the Secretary 
                        shall acquire water from willing 
                        sellers and undertake other actions 
                        designed to decrease releases from the 
                        New Melones Reservoir for meeting water 
                        quality standards and flow objectives 
                        for which the Central Valley Project 
                        has responsibility to assist in meeting 
                        allocations to Central Valley Project 
                        contractors from the New Melones 
                        Project.
                          (ii) Purpose.--The authorization 
                        under this subparagraph is solely meant 
                        to add flexibility for the Secretary to 
                        meet any obligations of the Secretary 
                        to the Central Valley Project 
                        contractors from the New Melones 
                        Project by reducing demand for water 
                        dedicated to meeting water quality 
                        standards in the San Joaquin River.
                          (iii) Funding.--Of the amounts 
                        authorized to be appropriated under 
                        section 109, not more than $30,000,000 
                        may be expended to carry out clause 
                        (i).
                  (G) Recirculation of export water.--Funds may 
                be used to conduct feasibility studies, 
                evaluate, and, if feasible, implement the 
                recirculation of export water to reduce 
                salinity and improve dissolved oxygen in the 
                San Joaquin River.
          (2) Environmental water account.--
                  (A) In general.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $90,000,000 may be expended for 
                implementation of the Environmental Water 
                Account.
                  (B) Nonreimbursable federal expenditure.--
                Expenditures under subparagraph (A) shall be 
                considered a nonreimbursable Federal 
                expenditure in recognition of the payments of 
                the contractors of the Central Valley Project 
                to the Restoration Fund created by the Central 
                Valley Project Improvement Act (Title XXXIV of 
                Public Law 102-575; 106 Stat. 4706).
                  (C) Use of restoration fund.--
                          (i) In general.--Of the amounts 
                        appropriated for the Restoration Fund 
                        for each fiscal year, an amount not to 
                        exceed $10,000,000 for any fiscal year 
                        may be used to implement the 
                        Environmental Water Account to the 
                        extent those actions are consistent 
                        with the fish and wildlife habitat 
                        restoration and improvement purposes of 
                        the Central Valley Project Improvement 
                        Act.
                          (ii) Accounting.--Any such use of the 
                        Restoration Fund shall count toward the 
                        33 percent of funds made available to 
                        the Restoration Fund that, pursuant to 
                        section 3407(a) of the Central Valley 
                        Project Improvement Act, are otherwise 
                        authorized to be appropriated to the 
                        Secretary to carry out paragraphs (4) 
                        through (6), (10) through (18), and 
                        (20) through (22) of section 3406(b) of 
                        that Act.
                          (iii) Federal funding.--The 
                        $10,000,000 limitation on the use of 
                        the Restoration Fund for the 
                        Environmental Water Account under 
                        clause (i) does not limit the 
                        appropriate amount of Federal funding 
                        for the Environmental Water Account.
          (3) Levee stability.--
                  (A) In general.--For purposes of implementing 
                the Calfed Bay-Delta Program), the Secretary of 
                the Army is authorized to undertake the 
                construction and implementation of levee 
                stability programs or projects for such 
                purposes as flood control, ecosystem 
                restoration, water supply, water conveyance, 
                and water quality objectives.
                  (B) Report.--Not later than 180 days after 
                the date of enactment of this Act, the 
                Secretary of the Army shall submit to the 
                appropriate authorizing and appropriating 
                committees of the Senate and the House of 
                Representatives a report that describes the 
                levee stability reconstruction projects and 
                priorities that will be carried out under this 
                title during each of fiscal years 2005 through 
                [2020] 2021.
                  (C) Justification.--
                          (i) In general.--Notwithstanding 
                        section 209 of the Flood Control Act of 
                        1970 (42 U.S.C. 1962-2), in carrying 
                        out levee stability programs and 
                        projects pursuant to this paragraph, 
                        the Secretary of the Army may determine 
                        that the programs and projects are 
                        justified by the benefits of the 
                        project purposes described in 
                        subparagraph (A), and the programs and 
                        projects shall require no additional 
                        economic justification if the Secretary 
                        of the Army further determines that the 
                        programs and projects are cost 
                        effective.
                          (ii) Applicability.--Clause (i) shall 
                        not apply to any separable element 
                        intended to produce benefits that are 
                        predominantly unrelated to the project 
                        purposes described in subparagraph (A).
                  (D) Projects.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $90,000,000 may be expended to--
                          (i) reconstruct Delta levees to a 
                        base level of protection (also known as 
                        the ``Public Law 84-99 standard'') as 
                        described in the Record of Decision;
                          (ii) enhance the stability of levees 
                        that have particular importance in the 
                        system through the Delta Levee Special 
                        Improvement Projects Program;
                          (iii) develop best management 
                        practices to control and reverse land 
                        subsidence on Delta islands;
                          (iv) develop a Delta Levee Emergency 
                        Management and Response Plan that will 
                        enhance the ability of Federal, State, 
                        and local agencies to rapidly respond 
                        to levee emergencies;
                          (v) develop a Delta Risk Management 
                        Strategy after assessing the 
                        consequences of Delta levee failure 
                        from floods, seepage, subsidence, and 
                        earthquakes;
                          (vi) reconstruct Delta levees using, 
                        to the maximum extent practicable, 
                        dredged materials from the Sacramento 
                        River, the San Joaquin River, and the 
                        San Francisco Bay in reconstructing 
                        Delta levees;
                          (vii) coordinate Delta levee projects 
                        with flood management, ecosystem 
                        restoration, and levee protection 
                        projects of the lower San Joaquin River 
                        and lower Mokelumne River floodway 
                        improvements and other projects under 
                        the Sacramento-San Joaquin 
                        Comprehensive Study; and
                          (viii) evaluate and, if appropriate, 
                        rehabilitate the Suisun Marsh levees.
          (4) Program management, oversight, and 
        coordination.--
                  (A) In general.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $25,000,000 may be expended by the 
                Secretary or the other heads of Federal 
                agencies, either directly or through grants, 
                contracts, or cooperative agreements with 
                agencies of the State, for--
                          (i) Program support;
                          (ii) Program-wide tracking of 
                        schedules, finances, and performance;
                          (iii) multiagency oversight and 
                        coordination of Program activities to 
                        ensure Program balance and integration;
                          (iv) development of interagency 
                        cross-cut budgets and a comprehensive 
                        finance plan to allocate costs in 
                        accordance with the beneficiary pays 
                        provisions of the Record of Decision;
                          (v) coordination of public outreach 
                        and involvement, including tribal, 
                        environmental justice, and public 
                        advisory activities in accordance with 
                        the Federal Advisory Committee Act (5 
                        U.S.C. App.); and
                          (vi) development of Annual Reports.
                  (B) Program-wide activities.--Of the amount 
                referred to in subparagraph (A), not less than 
                50 percent of the appropriated amount shall be 
                provided to the California Bay-Delta Authority 
                to carry out Program-wide management, 
                oversight, and coordination activities.

           *       *       *       *       *       *       *


SEC. 107. FEDERAL SHARE OF COSTS.

  (a) In General.--The Federal share of the cost of 
implementing the Calfed Bay-Delta Program for fiscal years 2005 
through [2020] 2021 in the aggregate, as set forth in the 
Record of Decision, shall not exceed 33.3 percent.
  (b) Payment for Benefits.--The Secretary shall ensure that 
all beneficiaries, including beneficiaries of environmental 
restoration and other Calfed program elements, shall pay for 
the benefit received from all projects or activities carried 
out under the Calfed Bay-Delta Program.
  (c) Integrated Resource Planning.--Federal expenditures for 
the Calfed Bay-Delta Program shall be implemented in a manner 
that encourages integrated resource planning.

           *       *       *       *       *       *       *


SEC. 109. AUTHORIZATION OF APPROPRIATION.

  There are authorized to be appropriated to the Secretary and 
the heads of the Federal agencies to pay the Federal share of 
the cost of carrying out the new and expanded authorities 
described in subsections (e) and (f) of section 103 
$389,000,000 for the period of fiscal years 2005 through [2020] 
2021, to remain available until expended.

           *       *       *       *       *       *       *

                              ----------                              


        RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991



           *       *       *       *       *       *       *
TITLE I--DROUGHT PROGRAM

           *       *       *       *       *       *       *


SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.

  (a) In general.--The programs and authorities established 
under this subchapter shall become operative in any Reclamation 
State and in the State of Hawaii only after the Governor or 
Governors of the affected State or States, or on a reservation, 
when the governing body of the affected tribe has made a 
request for temporary drought assistance and the Secretary has 
determined that such temporary assistance is merited, or upon 
the approval of a drought contingency plan as provided in 
subchapter II of this chapter.
  (b) Coordination with BPA.--If a Governor referred to in 
subsection (a) is the Governor of the State of Washington, 
Oregon, Idaho, or Montana, the Governor shall coordinate with 
the Administrator of the Bonneville Power Administration before 
making a request under subsection (a).
  (c) Termination of authority.--The authorities established 
under this subchapter shall terminate on September 30, [2020] 
2021.

           *       *       *       *       *       *       *


TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  Except as otherwise provided in section 303 of this Act 
(relating to temperature control devices at Shasta Dam, 
California), there is authorized to be appropriated not more 
than $120,000,000 in total for the period of fiscal years 2006 
through [2020] 2021.

           *       *       *       *       *       *       *

                              ----------                              


                     CLAIMS RESOLUTION ACT OF 2010



           *       *       *       *       *       *       *
TITLE VI--AAMODT LITIGATION SETTLEMENT

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

  In this title:
          (1) Aamodt case.--The term ``Aamodt Case'' means the 
        civil action entitled State of New Mexico, ex rel. 
        State Engineer and United States of America, Pueblo de 
        Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and 
        Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 
        6639 MV/LCS (D.N.M.).
          (2) Acre-feet.--The term ``acre-feet'' means acre-
        feet of water per year.
          (3) Authority.--The term ``Authority'' means the 
        Pojoaque Basin Regional Water Authority described in 
        section 9.5 of the Settlement Agreement or an alternate 
        entity acceptable to the Pueblos and the County to 
        operate and maintain the diversion and treatment 
        facilities, certain transmission pipelines, and other 
        facilities of the Regional Water System.
          (4) City.--The term ``City'' means the city of Santa 
        Fe, New Mexico.
          (5) Cost-sharing and system integration agreement.--
        The term ``Cost-Sharing and System Integration 
        Agreement'' means the agreement, dated August 27, 2009, 
        to be executed by the United States, the State, the 
        Pueblos, the County, and the City that--
                  (A) describes the location, capacity, and 
                management (including the distribution of water 
                to customers) of the Regional Water System; and
                  (B) allocates the costs of the Regional Water 
                System with respect to--
                          (i) the construction, operation, 
                        maintenance, and repair of the Regional 
                        Water System;
                          (ii) rights-of-way for the Regional 
                        Water System; and
                          (iii) the acquisition of water 
                        rights.
          (6) County.--The term ``County'' means Santa Fe 
        County, New Mexico.
          (7) County distribution system.--The term ``County 
        Distribution System'' means the portion of the Regional 
        Water System that serves water customers on non-Pueblo 
        land in the Pojoaque Basin.
          (8) County water utility.--The term ``County Water 
        Utility'' means the water utility organized by the 
        County to--
                  (A) receive water distributed by the 
                Authority; and
                  (B) provide the water received under 
                subparagraph (A) to customers on non-Pueblo 
                land in the Pojoaque Basin.
          (9) Engineering report.--The term ``Engineering 
        Report'' means the report entitled ``Pojoaque Regional 
        Water System Engineering Report'' dated September 2008 
        and any amendments thereto, including any modifications 
        which may be required by section 611(d)(2).
          (10) Fund.--The term ``Fund'' means the Aamodt 
        Settlement Pueblos' Fund established by section 615(a).
          (11) Operating agreement.--The term ``Operating 
        Agreement'' means the agreement between the Pueblos and 
        the County executed under section 612(a).
          (12) Operations, maintenance, and replacement 
        costs.--
                  (A) In general.--The term ``operations, 
                maintenance, and replacement costs'' means all 
                costs for the operation of the Regional Water 
                System that are necessary for the safe, 
                efficient, and continued functioning of the 
                Regional Water System to produce the benefits 
                described in the Settlement Agreement.
                  (B) Exclusion.--The term ``operations, 
                maintenance, and replacement costs'' does not 
                include construction costs or costs related to 
                construction design and planning.
          (13) Pojoaque basin.--
                  (A) In general.--The term ``Pojoaque Basin'' 
                means the geographic area limited by a surface 
                water divide (which can be drawn on a 
                topographic map), within which area rainfall 
                and runoff flow into arroyos, drainages, and 
                named tributaries that eventually drain to--
                          (i) the Rio Pojoaque; or
                          (ii) the 2 unnamed arroyos 
                        immediately south; and
                          (iii) 2 arroyos (including the Arroyo 
                        Alamo) that are north of the confluence 
                        of the Rio Pojoaque and the Rio Grande.
                  (B) Inclusion.--The term ``Pojoaque Basin'' 
                includes the San Ildefonso Eastern Reservation 
                recognized by section 8 of Public Law 87-231 
                (75 Stat. 505).
          (14) Pueblo.--The term ``Pueblo'' means each of the 
        pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque.
          (15) Pueblos.--The term ``Pueblos'' means 
        collectively the Pueblos of Nambe, Pojoaque, San 
        Ildefonso, and Tesuque.
          (16) Pueblo land.--The term ``Pueblo land'' means any 
        real property that is--
                  (A) held by the United States in trust for a 
                Pueblo within the Pojoaque Basin;
                  (B)(i) owned by a Pueblo within the Pojoaque 
                Basin before the date on which a court approves 
                the Settlement Agreement; or
                  (ii) acquired by a Pueblo on or after the 
                date on which a court approves the Settlement 
                Agreement, if the real property is located--
                          (I) within the exterior boundaries of 
                        the Pueblo, as recognized and conformed 
                        by a patent issued under the Act of 
                        December 22, 1858 (11 Stat. 374, 
                        chapter V); or
                          (II) within the exterior boundaries 
                        of any territory set aside for the 
                        Pueblo by law, executive order, or 
                        court decree;
                  (C) owned by a Pueblo or held by the United 
                States in trust for the benefit of a Pueblo 
                outside the Pojoaque Basin that is located 
                within the exterior boundaries of the Pueblo as 
                recognized and confirmed by a patent issued 
                under the Act of December 22, 1858 (11 Stat. 
                374, chapter V); or
                  (D) within the exterior boundaries of any 
                real property located outside the Pojoaque 
                Basin set aside for a Pueblo by law, executive 
                order, or court decree, if the land is within 
                or contiguous to land held by the United States 
                in trust for the Pueblo as of January 1, 2005.
          (17) Pueblo water facility.--
                  (A) In general.--The term ``Pueblo Water 
                Facility'' means--
                          (i) a portion of the Regional Water 
                        System that serves only water customers 
                        on Pueblo land; and
                          (ii) portions of a Pueblo water 
                        system in existence on the date of 
                        enactment of this Act that serve water 
                        customers on non-Pueblo land, also in 
                        existence on the date of enactment of 
                        this Act, or their successors, that 
                        are--
                                  (I) depicted in the final 
                                project design, as modified by 
                                the drawings reflecting the 
                                completed Regional Water 
                                System; and
                                  (II) described in the 
                                Operating Agreement.
                  (B) Inclusions.--The term ``Pueblo Water 
                Facility'' includes--
                          (i) the barrier dam and infiltration 
                        project on the Rio Pojoaque described 
                        in the Engineering Report; and
                          (ii) the Tesuque Pueblo infiltration 
                        pond described in the Engineering 
                        Report.
          (18) Regional Water System.--
                  (A) In general.--The term ``Regional Water 
                System'' means the Regional Water System 
                described in section 611(a).
                  (B) Exclusions.--The term ``Regional Water 
                System'' does not include the County or Pueblo 
                water supply delivered through the Regional 
                Water System.
          (19) San juan-chama project.--The term ``San Juan-
        Chama Project'' means the Project authorized by section 
        8 of the Act of June 13, 1962 (76 Stat. 96, 97), and 
        the Act of April 11, 1956 (70 Stat. 105).
          (20) San juan-chama project act.--The term ``San 
        Juan-Chama Project Act'' means sections 8 through 18 of 
        the Act of June 13, 1962 (76 Stat. 96, 97).
          (21) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (22) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement among the State, the 
        Pueblos, the United States, the County, and the City 
        dated January 19, 2006, and signed by all of the 
        government parties to the Settlement Agreement (other 
        than the United States) on May 3, 2006, as amended in 
        conformity with this title.
          (23) State.--The term ``State'' means the State of 
        New Mexico.
          The term ``611(g) AGREEMENT'' means the agreement 
        dated September 19, 2019, executed by the United 
        States, the Pueblos, the County and the City pursuant 
        to section 611(g).
          (24) 611(g) AGREEMENT.--The term ``611(g) AGREEMENT'' 
        means the agreement dated September 19, 2019, executed 
        by the United States, the Pueblos, the County and the 
        City pursuant to section 611(g).

            Subtitle A--Pojoaque Basin Regional Water System

SEC. 611. AUTHORIZATION OF REGIONAL WATER SYSTEM.

  (a) In general.--The Secretary, acting through the 
Commissioner of Reclamation, shall plan, design, and construct 
a regional water system in accordance with the Settlement 
Agreement, to be known as the ``Regional Water System''--
          (1) to divert and distribute water to the Pueblos and 
        to the County Water Utility, in accordance with the 
        Engineering Report; and
          (2) that consists of--
                  (A) surface water diversion facilities at San 
                Ildefonso Pueblo on the Rio Grande; and
                  (B) any treatment, transmission, storage and 
                distribution facilities and wellfields for the 
                County Distribution System and Pueblo Water 
                Facilities that are necessary to supply 4,000 
                acre-feet of water within the Pojoaque Basin, 
                unless modified in accordance with subsection 
                (d)(2).
  (b) Final Project Design.--The Secretary shall issue a final 
project design within 90 days of completion of the 
environmental compliance described in section 616 for the 
Regional Water System that--
          (1) is consistent with the Engineering Report; and
          (2) includes a description of any Pueblo Water 
        Facilities.
  (c) Acquisition of Land; Water Rights.--
          (1) Acquisition of Land.--Upon request, and in 
        exchange for the funding which shall be provided in 
        section 617(c), the Pueblos shall consent to the grant 
        of such easements and rights-of-way as may be necessary 
        for the construction of the Regional Water System at no 
        cost to the Secretary. To the extent that the State or 
        County own easements or rights-of-way that may be used 
        for construction of the Regional Water System, the 
        State or County shall provide that land or interest in 
        land as necessary for construction at no cost to the 
        Secretary. The Secretary shall acquire any other land 
        or interest in land that is necessary for the 
        construction of the Regional Water System.
          (2) Water rights.--The Secretary shall not condemn 
        water rights for purposes of the Regional Water System.
  (d) Conditions for Construction.--
          (1) In general.--The Secretary shall not begin 
        construction of the Regional Water System facilities 
        until the date on which--
                  (A) the Secretary executes--
                          (i) the Settlement Agreement; and
                          (ii) the Cost-Sharing and System 
                        Integration Agreement; and
                  (B) the State and the County have entered 
                into an agreement with the Secretary to 
                contribute the non-Federal share of the costs 
                of the construction in accordance with the 
                Cost-Sharing and System Integration Agreement.
          (2) Modifications to regional water system.--
                  (A) In general.--The State and the County, in 
                agreement with the Pueblos, the City, and other 
                signatories to the Cost-Sharing and System 
                Integration Agreement, may modify the extent, 
                size, and capacity of the County Distribution 
                System as set forth in the Cost-Sharing and 
                System Integration Agreement.
                  (B) Effect.--A modification under 
                subparagraph (A)--
                          (i) shall not affect implementation 
                        of the Settlement Agreement so long as 
                        the provisions in section 623 are 
                        satisfied; and
                          (ii) may result in an adjustment of 
                        the State and County cost-share 
                        allocation as set forth in the Cost-
                        Sharing and System Integration 
                        Agreement.
  (e) Applicable Law.--The Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) shall not 
apply to the design and construction of the Regional Water 
System.
  (f) Construction Costs.--
          (1) Pueblo water facilities.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the expenditures of the 
                Secretary to construct the Pueblo Water 
                Facilities under this section shall not exceed 
                [$106,400,000] $243,400,000.
                  [(B) Exception.--The amount described in 
                subparagraph (A) shall be increased or 
                decreased, as appropriate, based on ordinary 
                fluctuations in construction costs since 
                October 1, 2006, as determined using applicable 
                engineering cost indices.]
                  (B) EXCEPTION.--Of the amount described in 
                subparagraph (A)-- (i) the initial $106,400,000 
                shall be increased or decreased, as 
                appropriate, based on ordinary fluctuations in 
                construction costs since October 1, 2006, as 
                determined using applicable engineering cost 
                indices; and (ii) any amounts made available in 
                excess of the amount described in clause (i) 
                shall be increased or decreased, as 
                appropriate, based on ordinary fluctuations in 
                construction costs since October 1, 2018, as 
                determined using applicable engineering cost 
                indices.
          (2) Costs to pueblo.--The costs incurred by the 
        Secretary in carrying out activities to construct the 
        Pueblo Water Facilities under this section shall not be 
        reimbursable to the United States.
          (3) County distribution system.--As a condition of 
        the Secretary using the funds made available pursuant 
        to section 617(a)(1), the costs of constructing the 
        County Distribution System shall be a State and local 
        expense pursuant to the Cost-Sharing and System 
        Integration Agreement and the 611(g) Agreement.
  (g) Initiation of Discussions.--
          (1) In general.--If the Secretary determines that the 
        cost of constructing the Regional Water System exceed 
        the amounts described in the Cost-Sharing and System 
        Integration Agreement for construction of the Regional 
        Water System and would necessitate funds in excess of 
        the amount made available pursuant to section 
        617(a)(1), the Secretary shall initiate negotiations 
        with the parties to the Cost-Sharing and System 
        Integration Agreement for an agreement regarding non-
        Federal contributions to ensure that the Regional Water 
        System can be completed as required by section 623(e).
          (2) Joint responsibilities.--The United States shall 
        not bear the entire amount of any cost overrun, nor 
        shall the State be responsible to pay any amounts in 
        addition to the amounts specified in the Cost-Sharing 
        and System Integration Agreement.
  (h) Conveyance of Regional Water System Facilities.--
          (1) In general.--Subject to paragraph (2), on 
        completion of the construction of the Regional Water 
        System as defined in section 623(e), the Secretary, in 
        accordance with the Operating Agreement, shall convey 
        to--
                  (A) each Pueblo the portion of any Pueblo 
                Water Facility that is located within the 
                boundaries of the Pueblo, including any land or 
                interest in land located within the boundaries 
                of the Pueblo that is acquired by the United 
                States for the construction of the Pueblo Water 
                Facility;
                  (B) the County the County Distribution 
                System, including any land or interest in land 
                acquired by the United States for the 
                construction of the County Distribution System; 
                and
                  (C) the Authority any portions of the 
                Regional Water System that remain after making 
                the conveyances under subparagraphs (A) and 
                (B), including any land or interest in land 
                acquired by the United States for the 
                construction of the portions of the Regional 
                Water System.
          (2) Conditions for conveyance.--The Secretary shall 
        not convey any portion of the Regional Water System 
        facilities under paragraph (1) until the date on 
        which--
                  (A) construction of the Regional Water System 
                is substantially complete, as defined in 
                section 623(e); and
                  (B) the Operating Agreement is executed in 
                accordance with section 612.
          (3) Subsequent conveyance.--On conveyance by the 
        Secretary under paragraph (1), the Pueblos, the County, 
        and the Authority shall not reconvey any portion of the 
        Regional Water System conveyed to the Pueblos, the 
        County, and the Authority, respectively, unless the 
        reconveyance is authorized by an Act of Congress 
        enacted after the date of enactment of this Act.
          (4) Interest of the united states.--On conveyance of 
        a portion of the Regional Water System under paragraph 
        (1), the United States shall have no further right, 
        title, or interest in and to the portion of the 
        Regional Water System conveyed.
          (5) Additional construction.--On conveyance of a 
        portion of the Regional Water System under paragraph 
        (1), the Pueblos, County, or the Authority, as 
        applicable, may, at the expense of the Pueblos, County, 
        or the Authority, construct any additional 
        infrastructure that is necessary to fully use the water 
        delivered by the Regional Water System.
          (6) Taxation.--Conveyance of title to any portion of 
        the Regional Water System, the Pueblo Water Facilities, 
        or the County Distribution System under paragraph (1) 
        does not waive or alter any applicable Federal law 
        prohibiting taxation of such facilities or the 
        underlying land.
          (7) Liability.--
                  (A) In general.--Effective on the date of 
                conveyance of any land or facility under this 
                section, the United States shall not be held 
                liable by any court for damages of any kind 
                arising out of any act, omission, or occurrence 
                relating to the land and facilities conveyed, 
                other than damages caused by acts of negligence 
                by the United States, or by employees or agents 
                of the United States, prior to the date of 
                conveyance.
                  (B) Tort claims.--Nothing in this section 
                increases the liability of the United States 
                beyond the liability provided in chapter 171 of 
                title 28, United States Code (commonly known as 
                the ``Federal Tort Claims Act'').
          (8) Effect.--Nothing in any transfer of ownership 
        provided or any conveyance thereto as provided in this 
        section shall extinguish the right of any Pueblo, the 
        County, or the Regional Water Authority to the 
        continuous use and benefit of each easement or right of 
        way for the use, operation, maintenance, repair, and 
        replacement of Pueblo Water Facilities, the County 
        Distribution System or the Regional Water System or for 
        wastewater purposes as provided in the Cost-Sharing and 
        System Integration Agreement.

           *       *       *       *       *       *       *


SEC. 617. FUNDING.

  (a) Regional water system.--
          (1) Funding.--
                  (A) Mandatory appropriation.--Subject to 
                paragraph (5), out of any funds in the Treasury 
                not otherwise appropriated, the Secretary of 
                the Treasury shall transfer to the Secretary 
                for the planning, design, and construction of 
                the Regional Water System and the conduct of 
                environmental compliance activities under 
                section 616 an amount not to exceed 
                $56,400,000, as adjusted under paragraph (4), 
                for the period of fiscal years 2011 through 
                2016, to remain available until expended.
                  (B) Authorization of appropriations.--In 
                addition to the amount made available under 
                subparagraph (A), there is authorized to be 
                appropriated to the Secretary for the planning, 
                design, and construction of the Regional Water 
                System and the conduct of environmental 
                compliance activities under section 616 
                [$50,000,000] $187,000,000, as adjusted under 
                paragraph (4), for the period of fiscal years 
                2011 through [2024] 2028.
          (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to 
        carry out this title the funds transferred under 
        paragraph (1)(A), without further appropriation, to 
        remain available until expended.
          (3) Priority of funding.--Of the amounts made 
        available under paragraph (1), the Secretary shall give 
        priority to funding--
                  (A) the construction of the San Ildefonso 
                portion of the Regional Water System, 
                consisting of--
                          (i) the surface water diversion, 
                        treatment, and transmission facilities 
                        at San Ildefonso Pueblo; and
                          (ii) the San Ildefonso Pueblo portion 
                        of the Pueblo Water Facilities; and
                  (B) that part of the Regional Water System 
                providing 475 acre-feet to Pojoaque Pueblo 
                pursuant to section 2.2 of the Settlement 
                Agreement.
          (4) Adjustment.--The amounts made available under 
        paragraph (1) shall be adjusted annually to account for 
        increases in construction costs [since October 1, 2006, 
        as determined using applicable engineering cost 
        indices] pursuant to section 611(f)(1)(B).
          (5) Limitations.--
                  (A) In general.--No amounts shall be made 
                available under paragraph (1) for the 
                construction of the Regional Water System until 
                the date on which the United States District 
                Court for the District of New Mexico issues an 
                order approving the Settlement Agreement.
                  (B) Record of decision.--No amounts made 
                available under paragraph (1) shall be expended 
                for construction unless the record of decision 
                issued by the Secretary after completion of an 
                environmental impact statement provides for a 
                preferred alternative that is in substantial 
                compliance with the proposed Regional Water 
                System, as defined in the Engineering Report.
  (b) Acquisition of Water Rights.--
          (1) In general.--Out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury 
        shall transfer to the Secretary for the acquisition of 
        the water rights under section 613(a)(1)(B) $5,400,000.
          (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to 
        carry out this title the funds transferred under 
        paragraph (1), without further appropriation, to remain 
        available until expended.
  (c) Aamodt Settlement Pueblos' Fund.--
          (1) Funding.--
                  (A) Mandatory appropriations.--Out of any 
                funds in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary the following 
                amounts for the period of fiscal years 2011 
                through 2015:
                          (i) $15,000,000, as adjusted 
                        according to the CPI Urban Index 
                        beginning on October 1, 2006, which 
                        shall be allocated to the Pueblos, in 
                        accordance with section 2.7.1 of the 
                        Settlement Agreement, for the 
                        rehabilitation, improvement, operation, 
                        maintenance, and replacement of the 
                        agricultural delivery facilities, waste 
                        water systems, and other water-related 
                        infrastructure of the applicable 
                        Pueblo.
                          (ii) $5,000,000, as adjusted 
                        according to the CPI Urban Index 
                        beginning on January 1, 2011, and any 
                        interest on that amount, which shall be 
                        allocated to the Pueblo of Nambe only 
                        for the acquisition land, other real 
                        property interests, or economic 
                        development for the Nambe reserved 
                        water rights in accordance with section 
                        613(a)(1)(A).
                  (B) Authorization of appropriations.--In 
                addition to the amounts made available under 
                clauses (i) and (ii) of subparagraph (A), 
                respectively, there are authorized to be 
                appropriated to the Secretary for the period of 
                fiscal years 2011 through 2024, $37,500,000 to 
                assist the Pueblos in paying the Pueblos' share 
                of the cost of operating, maintaining, and 
                replacing the Pueblo Water Facilities and the 
                Regional Water System.
          (2) Operation, maintenance, and replacement costs.--
                  (A) In general.--Prior to conveyance of the 
                Regional Water System pursuant to section 611, 
                the Secretary is authorized to and shall pay 
                any operation, maintenance, and replacement 
                costs associated with the Pueblo Water 
                Facilities or the Regional Water System, up to 
                the amount made available under subparagraph 
                (B).
                  (B) Authorization of appropriations.--There 
                is authorized to be appropriated to the 
                Secretary to carry out subparagraph (A) 
                $5,000,000.
                  (C) Obligation of federal government after 
                completion.--After the date on which 
                construction of the Regional Water System is 
                completed and the amounts required to be 
                deposited in the Aamodt Settlement Pueblos' 
                Fund pursuant to paragraph (1) have been 
                deposited by the Federal Government--
                          (i) the Federal Government shall have 
                        no obligation to pay for the operation, 
                        maintenance, and replacement costs 
                        associated with the Pueblo Water 
                        Facilities or the Regional Water 
                        System; and
                          (ii) the authorization for the 
                        Secretary to expend funds for the 
                        operation, maintenance, and replacement 
                        costs of those systems under 
                        subparagraph (A) shall expire.
          (3) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to 
        carry out this title the funds transferred under 
        paragraphs (1)(A), without further appropriation, to 
        remain available until expended or until the 
        authorization for the Secretary to expend funds 
        pursuant to paragraph (2) expires.

       Subtitle B--Pojoaque Basin Indian Water Rights Settlement

SEC. 621. SETTLEMENT AGREEMENT AND CONTRACT APPROVAL.

  [(a) Approval.--To the extent the Settlement Agreement and 
the Cost-Sharing and System Integration Agreement do not 
conflict with this title, the Settlement Agreement and the 
Cost-Sharing and System Integration Agreement (including any 
amendments to the Settlement Agreement and the Cost-Sharing and 
System Integration Agreement that are executed to make the 
Settlement Agreement or the Cost-Sharing and System Integration 
Agreement consistent with this title) are authorized, ratified, 
and confirmed.]
          (a) APPROVAL.--To the extent the Settlement 
        Agreement, the Cost-Sharing and System Integration 
        Agreement, and the 611(g) Agreement do not conflict 
        with this title, the Settlement Agreement, the Cost- 
        Sharing and System Integration Agreement, and the 
        611(g) Agreement (including any amendments to the 
        Settlement Agreement, the Cost Sharing and System 
        Integration Agreement, and the 611(g) Agreement that 
        are executed to make the Settlement Agreement, the 
        Cost-Sharing and System Integration Agreement, or the 
        611(g) Agreement consistent with this title) are 
        authorized, ratified, and confirmed.
  (b) Execution.--To the extent the Settlement Agreement and 
the Cost-Sharing and System Integration Agreement do not 
conflict with this title, the Secretary shall execute the 
Settlement Agreement and the Cost-Sharing and System 
Integration Agreement (including any amendments that are 
necessary to make the Settlement Agreement or the Cost-Sharing 
and System Integration Agreement consistent with this title).
  (c) Authorities of the Pueblos.--
          (1) In general.--Each of the Pueblos may enter into 
        leases or contracts to exchange water rights or to 
        forebear undertaking new or expanded water uses for 
        water rights recognized in section 2.1 of the 
        Settlement Agreement for use within the Pojoaque Basin, 
        in accordance with the other limitations of section 
        2.1.5 of the Settlement Agreement, provided that 
        section 2.1.5 is amended accordingly.
          (2) Approval by secretary.--Consistent with the 
        Settlement Agreement, the Secretary shall approve or 
        disapprove a lease or contract entered into under 
        paragraph (1).
          (3) Prohibition on permanent alienation.--No lease or 
        contract under paragraph (1) shall be for a term 
        exceeding 99 years, nor shall any such lease or 
        contract provide for permanent alienation of any 
        portion of the water rights made available to the 
        Pueblos under the Settlement Agreement.
          (4) Applicable law.--Section 2116 of the Revised 
        Statutes (25 U.S.C. 177) shall not apply to any lease 
        or contract entered into under paragraph (1).
          (5) Leasing or marketing of water supply.--The water 
        supply provided on behalf of the Pueblos pursuant to 
        section 613(a)(1) may only be leased or marketed by any 
        of the Pueblos pursuant to the intergovernmental 
        agreements described in section 614(c)(2).
  (d) Amendments to Contracts.--The Secretary shall amend the 
contracts relating to the Nambe Falls Dam and Reservoir that 
are necessary to use water supplied from the Nambe Falls Dam 
and Reservoir in accordance with the Settlement Agreement.

           *       *       *       *       *       *       *


SEC. 623. CONDITIONS PRECEDENT AND ENFORCEMENT DATE.

  (a) Conditions Precedent.--
          (1) In general.--Upon the fulfillment of the 
        conditions precedent described in paragraph (2), the 
        Secretary shall publish in the Federal Register by 
        September 15, 2017, a statement of findings that the 
        conditions have been fulfilled.
          (2) Requirements.--The conditions precedent referred 
        to in paragraph (1) are the conditions that--
                  (A) to the extent that the Settlement 
                Agreement conflicts with this subtitle, the 
                Settlement Agreement has been revised to 
                conform with this subtitle;
                  (B) the Settlement Agreement, so revised, 
                including waivers and releases pursuant to 
                section 624, has been executed by the 
                appropriate parties and the Secretary;
                  (C) Congress has fully appropriated, or the 
                Secretary has provided from other authorized 
                sources, all funds authorized by section 617, 
                with the exception of subsection (a)(1) of that 
                section;
                  (D) the Secretary has acquired and entered 
                into appropriate contracts for the water rights 
                described in section 613(a);
                  (E) for purposes of section 613(a), permits 
                have been issued by the New Mexico State 
                Engineer to the Regional Water Authority to 
                change the points of diversion to the mainstem 
                of the Rio Grande for the diversion and 
                consumptive use of at least 2,381 acre-feet by 
                the Pueblos as part of the water supply for the 
                Regional Water System, subject to the 
                conditions that--
                          (i) the permits shall be free of any 
                        condition that materially adversely 
                        affects the ability of the Pueblos or 
                        the Regional Water Authority to divert 
                        or use the Pueblo water supply 
                        described in section 613(a), including 
                        water rights acquired in addition to 
                        those described in section 613(a), in 
                        accordance with section 613(g); and
                          (ii) the Settlement Agreement shall 
                        establish the means to address any 
                        permit conditions to ensure the ability 
                        of the Pueblos to fully divert and 
                        consume at least 2,381 acre-feet as 
                        part of the water supply for the 
                        Regional Water System, including 
                        defining the conditions that will not 
                        constitute a material adverse affect;
                  (F) the State has enacted any necessary 
                legislation and provided any funding that may 
                be required under the Settlement Agreement;
                  (G) a partial final decree that sets forth 
                the water rights and other rights to water to 
                which the Pueblos are entitled under the 
                Settlement Agreement and this subtitle and that 
                substantially conforms to the Settlement 
                Agreement has been approved by the United 
                States District Court for the District of New 
                Mexico;
                  (H) a final decree that sets forth the water 
                rights for all parties to the Aamodt Case and 
                that substantially conforms to the Settlement 
                Agreement has been approved by the United 
                States District Court for the District of New 
                Mexico; and
                  (I) the waivers and releases described in 
                section 624 have been executed.
  (b) Expiration Date.--If all the conditions precedent 
described in subsection (a)(2) have not been fulfilled by 
September 15, 2017--
          (1) the Settlement Agreement shall no longer be 
        effective;
          (2) the waivers and releases described in the 
        Settlement Agreement and section 624 shall not be 
        effective;
          (3) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by 
        this title, together with any interest earned on those 
        funds, any water rights or contracts to use water, and 
        title to other property acquired or constructed with 
        Federal funds appropriated or made available to carry 
        out the activities authorized by this title shall be 
        returned to the Federal Government, unless otherwise 
        agreed to by the Pueblos and the United States and 
        approved by Congress; and
          (4) except for Federal funds used to acquire or 
        develop property that is returned to the Federal 
        Government under paragraph (3), the United States shall 
        be entitled to set off any Federal funds appropriated 
        or made available to carry out the activities 
        authorized by this title that were expended or 
        withdrawn, together with any interest accrued on those 
        funds, against any claims against the United States--
                  (A) relating to water rights in the Pojoaque 
                Basin asserted by any Pueblo that benefitted 
                from the use of expended or withdrawn Federal 
                funds; or
                  (B) in any future settlement of the Aamodt 
                Case.
  (c) Enforcement Date.--The Settlement Agreement shall become 
enforceable beginning on the date on which the United States 
District Court for the District of New Mexico enters a partial 
final decree pursuant to subsection (a)(2)(G) and an Interim 
Administrative Order consistent with the Settlement Agreement.
  (d) Effectiveness of Waivers.--The waivers and releases 
executed pursuant to section 624 shall become effective as of 
the date that the Secretary publishes the notice required by 
subsection (a)(1).
  (e) Requirements for Determination of Substantial Completion 
of the Regional Water System.--
          (1) Criteria for substantial completion of regional 
        water system.--Subject to the provisions in section 
        611(d) concerning the extent, size, and capacity of the 
        County Distribution System, the Regional Water System 
        shall be determined to be substantially completed if 
        the infrastructure has been constructed capable of--
                  (A) diverting, treating, transmitting, and 
                distributing a supply of 2,500 acre-feet of 
                water to the Pueblos; and
                  (B) diverting, treating, and transmitting the 
                quantity of water specified in the Engineering 
                Report to the County Distribution System.
          (2) Consultation.--On or after June 30, [2021] 2025, 
        at the request of 1 or more of the Pueblos, the 
        Secretary shall consult with the Pueblos and confer 
        with the County and the State on whether the criteria 
        in paragraph (1) for substantial completion of the 
        Regional Water System have been met or will be met by 
        June 30, [2024] 2028.
          (3) Written determination by secretary.--Not earlier 
        than June 30, [2021] 2025, at the request of 1 or more 
        of the Pueblos and after the consultation required by 
        paragraph (2), the Secretary shall--
                  (A) determine whether the Regional Water 
                System has been substantially completed based 
                on the criteria described in paragraph (1); and
                  (B) submit a written notice of the 
                determination under subparagraph (A) to--
                          (i) the Pueblos;
                          (ii) the County; and
                          (iii) the State.
          (4) Right to review.--
                  (A) In general.--A determination by the 
                Secretary under paragraph (3)(A) shall be 
                considered to be a final agency action subject 
                to judicial review by the Decree Court under 
                sections 701 through 706 of title 5, United 
                States Code.
                  (B) Failure to make timely determination.--
                          (i) In general.--If a Pueblo requests 
                        a written determination under paragraph 
                        (3) and the Secretary fails to make 
                        such a written determination by the 
                        date described in clause (ii), there 
                        shall be a rebuttable presumption that 
                        the failure constitutes agency action 
                        unlawfully withheld or unreasonably 
                        delayed under section 706 of title 5, 
                        United States Code.
                          (ii) Date.--The date referred to in 
                        clause (i) is the date that is the 
                        later of--
                                  (I) the date that is 180 days 
                                after the date of receipt by 
                                the Secretary of the request by 
                                the Pueblo; and
                                  (II) June 30, [2023] 2027.
                  (C) Effect of title.--Nothing in this title 
                gives any Pueblo or Settlement Party the right 
                to judicial review of a determination of the 
                Secretary regarding whether the Regional Water 
                System has been substantially completed except 
                under subchapter II of chapter 5, and chapter 
                7, of title 5, United States Code (commonly 
                known as the ``Administrative Procedure Act'').
          (5) Right to void final decree.--
                  (A) In general.--Not later than June 30, 
                [2024] 2028, on a determination by the 
                Secretary, after consultation with the Pueblos, 
                that the Regional Water System is not 
                substantially complete, 1 or more of the 
                Pueblos, or the United States acting on behalf 
                of a Pueblo, shall have the right to notify the 
                Decree Court of the determination.
                  (B) Effect.--The Final Decree shall have no 
                force or effect on a finding by the Decree 
                Court that a Pueblo, or the United States 
                acting on behalf of a Pueblo, has submitted 
                proper notification under subparagraph (A).
  (f) Voiding of Waivers.--If the Final Decree is void under 
subsection (e)(5)--
          (1) the Settlement Agreement shall no longer be 
        effective;
          (2) the waivers and releases executed pursuant to 
        section 624 shall no longer be effective;
          (3) any unexpended Federal funds appropriated or made 
        available to carry out the activities authorized by 
        this title, together with any interest earned on those 
        funds, any water rights or contracts to use water, and 
        title to other property acquired or constructed with 
        Federal funds appropriated or made available to carry 
        out the activities authorized by this title shall be 
        returned to the Federal Government, unless otherwise 
        agreed to by the Pueblos and the United States and 
        approved by Congress; and
          (4) except for Federal funds used to acquire or 
        develop property that is returned to the Federal 
        Government under paragraph (3), the United States shall 
        be entitled to set off any Federal funds appropriated 
        or made available to carry out the activities 
        authorized by this title that were expended or 
        withdrawn, together with any interest accrued on those 
        funds, against any claims against the United States--
                  (A) relating to water rights in the Pojoaque 
                Basin asserted by any Pueblo that benefitted 
                from the use of expended or withdrawn Federal 
                funds; or
                  (B) in any future settlement of the Aamodt 
                Case.
  (g) Extension.--The dates in subsections (a)(1) and (b) may 
be extended if the parties to the Cost-Sharing and System 
Integration Agreement agree that an extension is reasonably 
necessary.

           *       *       *       *       *       *       *

                              ----------                              


                 ENERGY CONSERVATION AND PRODUCTION ACT



           *       *       *       *       *       *       *
  TITLE IV--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR 
EXISTING BUILDINGS

           *       *       *       *       *       *       *


Part A--Weatherization Assistance for Low-Income Persons

           *       *       *       *       *       *       *


                              limitations

  Sec. 415. (a)(1) Not more than an amount equal to [10 
percent] 12.5 percent of any grant made by the Secretary under 
this part may be used for administrative purposes in carrying 
out duties under this part, except that not more than one-half 
of such amount may be used by any State for such purposes, and 
a State may provide in the plan adopted pursuant to subsection 
(b) for recipients of grants of less than $350,000 to use up to 
an additional 5 percent of such grant for administration if the 
State has determined that such recipient requires such 
additional amount to implement effectively the administrative 
requirements established by the Secretary pursuant to this 
part.
  (2) The Secretary shall establish energy audit procedures and 
techniques which (i) meet standards established by the 
Secretary after consultation with the State Energy Advisory 
Board established under section 365(g) of the Energy Policy and 
Conservation Act, (ii) establish priorities for selection of 
weatherization measures based on their cost and contribution to 
energy efficiency, (iii) measure the energy requirement of 
individual dwellings and the rate of return of the total 
conservation investment in a dwelling, and (iv) account for 
interaction among energy efficiency measures.
  (b) The Secretary shall insure that financial assistance 
provided under this part will--
          (1) be allocated within the State or area in 
        accordance with a published State or area plan, which 
        is adopted by such State after notice and a public 
        hearing, describing the proposed funding distributions 
        and recipients;
          (2) be allocated, pursuant to such State or area 
        plan, to community action agencies carrying out 
        programs under title II of the Economic Opportunity Act 
        of 1964 or to other appropriate and qualified public or 
        nonprofit entities in such State or area so that--
                  (A) funds will be allocated on the basis of 
                the relative need for weatherization assistance 
                among the low-income persons within such State 
                or area, taking into account appropriate 
                climatic and energy conservation factors; and
                  (B) due consideration will be given to the 
                results of periodic evaluations of the projects 
                carried out under this part in light of 
                available information regarding the current and 
                anticipated energy and weatherization needs of 
                low-income persons within the State; and
          (3) be terminated or discontinued during the 
        application period only in accordance with policies and 
        procedures consistent with the policies and procedures 
        set forth in section 418.
  (c)(1) Except as provided in paragraphs (3) and (4), the 
expenditure of financial assistance provided under this part 
for labor, weatherization materials, and related matters shall 
not exceed an average of [$6,500] $10,000 per dwelling unit 
weatherized in that State. Labor, weatherization materials, and 
related matter includes, but is not limited to--
          (A) the appropriate portion of the cost of tools and 
        equipment used to install weatherization materials for 
        a dwelling unit;
          (B) the cost of transporting labor, tools, and 
        materials to a dwelling unit;
          (C) the cost of having onsite supervisory personnel;
          (D) the cost of making incidental repairs to a 
        dwelling unit if such repairs are necessary to make the 
        installation of weatherization materials effective, and
                  (E) the cost of making heating and cooling 
                modifications, including replacement
  [(2) Dwelling units partially weatherized under this part or 
under other Federal programs during the period September 30, 
1975, through September 30, 1994, may receive further financial 
assistance for weatherization under this part.]
  (2) Dwelling units weatherized (including dwelling units 
partially weatherized) under this part, or under other Federal 
programs (in this paragraph referred to as ``previous 
weatherization''), may not receive further financial assistance 
for weatherization under this part until the date that is 15 
years after the date such previous weatherization was 
completed. This paragraph does not preclude dwelling units that 
have received previous weatherization from receiving assistance 
and services (including the provision of information and 
education to assist with energy management and evaluation of 
the effectiveness of installed weatherization materials) other 
than weatherization under this part or under other Federal 
programs, or from receiving non-Federal assistance for 
weatherization.
  (3) Beginning with fiscal year 2000, the dwelling unit 
averages provided in paragraphs (1) and (4) shall be adjusted 
annually by increasing the average amount by an amount equal 
to--
          (A) the average amount for the previous fiscal year, 
        multiplied by
          (B) the lesser of (i) the percentage increase in the 
        Consumer Price Index (all items, United States city 
        average) for the most recent calendar year completed 
        before the beginning of the fiscal year for which the 
        determination is being made, or (ii) three percent.
  (4) The expenditure of financial assistance provided under 
this part for labor, weatherization materials, and related 
matters for a renewable energy system shall not exceed an 
average of $3,000 per dwelling unit.
  (5)(A) The Secretary shall by regulations--
          (i) establish the criteria which are to be used in 
        prescribing performance and quality standards under 
        paragraph (6)(A)(ii) or in specifying any form of 
        renewable energy under paragraph (6)(A)(i)(I); and
          (ii) establish a procedure under which a manufacturer 
        of an item may request the Secretary to certify that 
        the item will be treated, for purposes of this 
        paragraph, as a renewable energy system.
  (B) The Secretary shall make a final determination with 
respect to any request filed under subparagraph (A)(ii) within 
1 year after the filing of the request, together with any 
information required to be filed with such request under 
subparagraph (A)(ii).
  (C) Each month the Secretary shall publish a report of any 
request under subparagraph (A)(ii) which has been denied during 
the preceding month and the reasons for the denial.
  (D) The Secretary shall not specify any form of renewable 
energy under paragraph (6)(A)(i)(I) unless the Secretary 
determines that--
          (i) there will be a reduction in oil or natural gas 
        consumption as a result of such specification;
          (ii) such specification will not result in an 
        increased use of any item which is known to be, or 
        reasonably suspected to be, environmentally hazardous 
        or a threat to public health or safety; and
          (iii) available Federal subsidies do not make such 
        specification unnecessary or inappropriate (in the 
        light of the most advantageous allocation of economic 
        resources).
  (6) In this subsection--
          (A) the term ``renewable energy system'' means a 
        system which--
                  (i) when installed in connection with a 
                dwelling, transmits or uses--
                          (I) solar energy, energy derived from 
                        the geothermal deposits, energy derived 
                        from biomass, or any other form of 
                        renewable energy which the Secretary 
                        specifies by regulations, for the 
                        purpose of heating or cooling such 
                        dwelling or providing hot water or 
                        electricity for use within such 
                        dwelling; or
                          (II) wind energy for nonbusiness 
                        residential purposes;
                  (ii) meets the performance and quality 
                standards (if any) which have been prescribed 
                by the Secretary by regulations;
                  (iii) in the case of a combustion rated 
                system, has a thermal efficiency rating of at 
                least 75 percent; and
                  (iv) in the case of a solar system, has a 
                thermal efficiency rating of at least 15 
                percent; and
          (B) the term ``biomass'' means any organic matter 
        that is available on a renewable or recurring basis, 
        including agricultural crops and trees, wood and wood 
        wastes and residues, plants (including aquatic plants), 
        grasses, residues, fibers, and animal wastes, municipal 
        wastes, and other waste materials.
  (d) Beginning with fiscal year 1992, the Secretary may 
allocate funds appropriated pursuant to section 422(b) to 
provide supplementary financial assistance to those States 
which the Secretary determines have achieved the best 
performance during the previous fiscal year in achieving the 
purposes of this part. In making this determination, the 
Secretary shall--
          (1) consult with the State Energy Advisory Board 
        established under section 365(g) of the Energy Policy 
        and Conservation Act; and
          (2) give priority to those States which, during such 
        previous fiscal year, obtained a significant portion of 
        income from non-Federal sources for their 
        weatherization programs or increased significantly the 
        portion of low-income weatherization assistance that 
        the State obtained from non-Federal sources.
  (e)(1)(A) Beginning with fiscal year 1992, the Secretary may 
allocate, from funds appropriated pursuant to section 422(b), 
among the States an equal amount for each State not to exceed 
$100,000 per State. Each State shall make available amounts 
received under this subsection to provide supplementary 
financial assistance to recipients of grants under this part 
that have achieved the best performance during the previous 
fiscal year in advancing the purposes of this part.
  (B) None of the funds made available under this subsection 
may be used by any State for administrative purposes.
  (2) The Secretary shall, after consulting with the State 
Energy Advisory Board referred to in subsection (d)(1), 
prescribe guidelines to be used by each State in making 
available supplementary financial assistance under this 
subsection, with a priority being given to subgrantees that, by 
law or through administrative or other executive action, 
provided non-Federal resources (including private resources) to 
supplement Federal financial assistance under this part during 
the previous fiscal year.

           *       *       *       *       *       *       *


                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of 
the House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized:


                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

Department or Activity                                            Amount
Department of Energy: Energy Efficiency and Renewable Energy..$2,240,293


                           COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--
    The following hearings were used to develop or consider the 
Energy and Water Development and Related Agencies 
Appropriations Act, 2021:
    The Subcommittee on Energy and Water Development and 
Related Agencies held an oversight hearing on February 5, 2020, 
entitled ``Department of Energy's Role in Advancing Biomedical 
Sciences.'' The Subcommittee received testimony from:
    Dr. Harold Varmus, Lewis Thomas University Professor, Weill 
Cornell Medicine
    Dr. Mark Chance, Director of the Center for Proteomics and 
Bioinformatics School of Medicine, Case Western University
    Dr. Narayanan ``Bobby'' Kasthuri, Neuroscientist, Argonne 
National Laboratory
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on February 27, 2020, 
entitled ``Department of Energy's Fiscal Year 2021 Budget 
Request.'' The Subcommittee received testimony from:
    The Honorable Dan Brouillette, Secretary, Department of 
Energy
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 3, 2020, 
entitled ``Department of Energy's Fiscal Year 2021 Budget 
Request for the Applied Energy Programs.'' The Subcommittee 
received testimony from:
    The Honorable Bruce Walker, Assistant Secretary for 
Electricity
    The Honorable Daniel Simmons, Assistant Secretary for 
Energy Efficiency and Renewable Energy
    The Honorable Steven Winberg, Assistant Secretary for 
Fossil Energy
    The Honorable Rita Baranwal, Assistant Secretary for 
Nuclear Energy
    Mr. Alexander Gates, Senior Advisor for Cybersecurity, 
Energy Security, and Emergency Response
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 4, 2020, 
entitled ``Department of Energy's Fiscal Year 2021 Budget 
Request for the National Nuclear Security Administration.'' The 
Subcommittee received testimony from:
    The Honorable Lisa E. Gordon-Hagerty, Under Secretary for 
Nuclear Security & Administrator, National Nuclear Security 
Administration
    The Honorable Charles Verdon, Deputy Administrator for 
Defense Programs, National Nuclear Security Administration
    The Honorable Brent Park, Deputy Administrator for Defense 
Nuclear Nonproliferation, National Nuclear Security 
Administration
    Admiral James ``Frank'' Caldwell, Deputy Administrator for 
Office of Naval Reactors, National Nuclear Security 
Administration
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 10, 2020, 
entitled ``U.S. Army Corps of Engineers and Bureau of 
Reclamation's Budget Request for Fiscal Year 2021.'' The 
Subcommittee received testimony from:
    The Honorable R.D. James, Assistant Secretary of the Army 
for Civil Works, Army Corps of Engineers
    Lieutenant General Todd Semonite, Commanding General and 
Chief of Engineers, Army Corps of Engineers
    The Honorable Timothy Petty, Ph.D., Assistant Secretary for 
Water and Science, Department of the Interior
    The Honorable Brenda Burman, Commissioner, Bureau of 
Reclamation
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 11, 2020, 
entitled ``Department of Energy's Fiscal Year 2021 Budget 
Request for Environmental Management, Science, and ARPA-E.'' 
The Subcommittee received testimony from:
    The Honorable Lane Genatowski, Director, ARPA-E
    The Honorable Chris Fall, Director, Office of Science
    Mr. William (Ike) White, Senior Advisor to the Under 
Secretary of Science for Environmental Management
    The Subcommittee on Energy and Water Development and 
Related Agencies held a Member Day Hearing on March 25, 2020. 
While the formal hearing was cancelled due to health concerns, 
the Subcommittee accepted written testimony for the record 
regarding Fiscal Year 2021 appropriations. The Subcommittee 
received testimony from:
    The Honorable Bill Foster, Member of Congress
    The Honorable Jenniffer Gonzalez-Colon, Member of Congress
    The Honorable Garret Graves, Member of Congress
    The Honorable H. Morgan Griffith, Member of Congress
    The Honorable Brian Mast, Member of Congress
    The Honorable Jimmy Panetta, Member of Congress
    The Honorable Robert Wittman, Member of Congress
    The Subcommittee on Energy and Water Development and 
Related Agencies held a Public Witness Hearing on March 31, 
2020. While the formal hearing was cancelled due to health 
concerns, the Subcommittee accepted written testimony for the 
record regarding Fiscal Year 2021 appropriations. The 
Subcommittee received testimony from:
    Ted O'Shea, Vice President, Energy, ABM Industries
    Kumi Premathilake, Senior Vice President, Advanced Metering 
Infrastructure, Aclara Technologies LLC
    Ben Evans, Vice President of Public Affairs, Alliance to 
Save Energy
    Dr. Megan Donahue, President, American Astronomical Society
    R. Neal Elliott, Ph.D., P.E., Senior Director for Research, 
American Council for an Energy-Efficient Economy
    Tom Wilson, Vermont State Coordinator, Citizens' Climate 
Lobby
    Brittany Webster, Program Manager, Public Affairs, American 
Geophysical Union
    Carrie L. Billy, J.D., President and CEO, American Indian 
Higher Education Consortium
    Craig H. Piercy, Executive Director and CEO, American 
Nuclear Society
    Derek Brockbank, Executive Director, American Shore & Beach 
Preservation Association
    Allen Segal, Director of Public Policy and Advocacy, 
American Society for Microbiology
    Nicholas J. Goeser, CEO, Alliance of Crop, Soil, and 
Environmental Science Societies
    Crispin Taylor, PhD, Chief Executive Officer, American 
Society of Plant Biologists
    James Broderick, Executive Director, Southeastern Colorado 
Water Conservancy District
    Chad Berginnis, Executive Director, Association of State 
Floodplain Managers
    Lisa Jacobson, President, Business Council for Sustainable 
Energy
    Shannon Angielski, Executive Director, Carbon Utilization 
Research Council
    Theodore C. Cooke, General Manager, Central Arizona Water 
Conservation District
    Harlan Baker, Chairman, Chippewa Cree Tribe of the Rocky 
Boy's Reservation, Montana
    Don A. Barnett, Executive Director, Colorado River Basin 
Salinity Control Forum
    Christopher S. Harris, Executive Director, Colorado River 
Board of California
    Vicky Scharlau, Executive Director, Columbia Basin 
Development League
    Jeremy Red Star Wolf, Chairman, Columbia River Inter-Tribal 
Fish Commission
    Steve Skodak, President and CEO, Building Performance 
Association
    Stephen Cowell, President, E4TheFuture
    Larry Zarker, CEO, Building Performance Institute
    Genevieve Cullen, President, Electric Drive Transportation 
Association
    Jason Burwen, Vice President of Policy, Energy Storage 
Association
    Daniel Bresette, Executive Director, Environmental and 
Energy Study Institute
    Elgie Holstein, Senior Director for Strategic Planning, 
Environmental Defense Fund
    Jennifer Schafer, Executive Director, Federal Performance 
Contracting Coalition
    Benjamin H. Krinsky, PhD, Associate Director for 
Legislative Affairs, Federation of American Societies for 
Experimental Biology
    Mitch Jones, Policy Director, Food & Water Action
    Jason Phillips, Chief Executive Officer, Friant Water 
Authority
    Morry B. Markowitz, President, Fuel Cell and Hydrogen 
Energy Association
    Robert Johnson, Senior Vice President, Hannon Armstrong
    Evangeline Kissoon, Chairwoman, The Havasupai Tribe
    Colin Cunliff, Senior Policy Analyst, Information 
Technology and Innovation Foundation
    Gabe Maser, Vice President for Government Relations, 
International Code Council
    Jared Mott, Conservation Director, Izaak Walton League of 
America
    James D. Ogsbury, Executive Director, Western Governors' 
Association
    Maria Korsnick, President and Chief Executive Officer, 
Nuclear Energy Institute
    Jeffrey Kightlinger, General Manager, The Metropolitan 
Water District of Southern California
    James B. Horan, Executive Director, Mid-West Electric 
Consumers Association
    Ron Blacksmith, Core System Manager, Oglala Sioux Rural 
Water Supply System
    Young Colombe, Manager, Rosebud Sioux Rural Water System
    Jim McCauley, Manager, Lower Brule Sioux Rural Water System
    David Terry, Executive Director, National Association of 
State Energy Officials
    Amy Klusmeier, WAP Director, National Association for State 
Community Services Programs
    Jehmal Hudson, Vice President of Government Affairs, 
National Hydropower Association
    Paul Arrington, Executive Director, Idaho Water Users 
Association
    Grant Carlisle, Senior Policy Advisor, Climate and Clean 
Energy Program, Natural Resources Defense Council
    Arjun Krishnaswami, Policy Analyst, Natural Resources 
Defense Council
    Anjee Toothaker, Legal Assistant, Nez Perce Tribe
    Katrina McMurrian, Executive Director, Nuclear Waste 
Strategy Coalition
    April Snell, Executive Director, Oregon Water Resources 
Congress
    Robin LeBaron, Co-Founder, President and COO, Pearl 
Certification
    Jennifer M. Storipan, Esq., Executive Director, Puerto Rico 
Federal Affairs Administration
    Dr. Lisa Fauci, President, Society for Industrial and 
Applied Mathematics
    Jimmy Hague, Senior Water Policy Advisor, The Nature 
Conservancy
    Stephen Young, Washington Representative, Global Security 
Program, Union of Concerned Scientists
    Brian Bledsoe, PH.D, P.E., Director of the Institute for 
Resilient Infrastructure, University of Georgia
    Greg Fogel, Policy Director, WateReuse Association
    Richard Bajura, GOCEP Division Manager, West Virginia 
University Energy Institute
    Nickolas Roth, Director, Nuclear Security Program, Stimson 
Center
    Matthew Bunn, Professor of Practice, Harvard University
    William H. Tobey, Senior Fellow, Belfer Center for Science 
and International Affairs, Harvard University
    Scott Revell, General Manager, Roza Irrigation District
    
    
                             MINORITY VIEWS

    We appreciate the collegial manner the Majority worked to 
address issues of importance to Members of both sides of the 
aisle in the Energy and Water Development and Related Agencies 
Appropriations Bill, 2021, and accompanying report. 
Unfortunately, due to concerns about spending levels and policy 
decisions contained in the bill, we are unable to support the 
bill as written at this time.
    The bill continues significant funding for our nation's 
water resources infrastructure. Almost every congressional 
district across the country benefits in some way from the 
important work of the Corps of Engineers and the Bureau of 
Reclamation. These agencies are responsible for projects that 
protect the public and property from floods and hurricanes, 
generate and sustain millions of jobs related to ports and 
waterways, and provide significant sources of drinking water 
and irrigation water for our communities, farmers, and 
ranchers.
    Republican Members of the Committee supported efforts to 
improve the way the bill addresses water supply reliability. At 
the request of Congressman Ken Calvert, the manager's amendment 
increased funding for Water Infrastructure Improvements for the 
Nation (WIIN) Act water storage projects. We are disappointed, 
however, with the Majority's decision to ignore opportunities 
to enhance water security in the drought-prone West. The 
Committee received Department of the Interior recommendations 
for ten water storage projects, yet the Majority listed only 
nine projects and included language that effectively delays 
these projects for likely a year or more. Two amendments by 
Congressman Calvert to include the tenth project, the Shasta 
Dam and Reservoir Enlargement project, and to strike the 
restriction on the nine listed projects were defeated.
    The bill provides increased funding for basic science 
research within the Department of Energy's Office of Science, 
which is important to keep the national laboratories and 
America's researchers at the forefront of global scientific 
discovery.
    Unfortunately, the bill includes several provisions that 
undermine the defense and nondefense spending levels agreed to 
in last year's bipartisan budget deal. Specifically, the 
$43,500,000,000 in emergency spending almost doubles the cost 
of the bill. We cannot support this additional spending until 
there is serious discussion with Members on our side of the 
aisle.
    Within the non-emergency spending provisions, we are 
concerned that the bill does not appropriately allocate funding 
for the Department of Energy's national security or applied 
energy research and development programs.
    We acknowledge that the bill increases funding for the 
nuclear weapons program above last year's enacted level. The 
increase, however, is barely more than one-third of the 
increase proposed in the budget request, short-changing the 
program by almost $2,000,000,000. After years of disinvestment 
following the end of the Cold War, our nuclear weapons 
infrastructure is in serious need of repair. We must provide 
the funding necessary to ensure our ability to deter a nuclear 
attack remains reliable and effective.
    The bill also departs from previous efforts to fund an all-
of-the-above energy strategy by increasing energy efficiency 
and renewable energy programs while delivering some of the 
largest cuts in the bill to the nuclear energy and fossil 
energy programs. In several places, the report expresses the 
Majority's intent to address climate change. Yet that intent is 
undermined by the decision to cut funding for nuclear energy, a 
carbon-free, baseload source of power.
    In addition to funding concerns, Republican Members of the 
Committee were disappointed to see numerous policy riders and 
unrelated authorizing provisions in the bill. House Republicans 
will continue to work to address these issues as the 
appropriations process continues.
    Finally, we are concerned that the bill does not include 
any funding to advance the Yucca Mountain license application 
process and instead offers a false promise of interim storage 
as a solution to the nuclear waste issue. Continuing--and 
completing--the licensing process is how we ensure an 
authoritative scientific decision is made on the safety of 
Yucca Mountain.
    Despite our disagreements over the issues discussed above, 
we appreciate the Majority's willingness to address Member 
priorities in the bill and report. The Subcommittee has a 
longstanding tradition of bipartisanship, and we will continue 
to work in good faith with our colleagues as we proceed through 
the appropriations process. By working together, we can best 
address the needs of the Nation.

                                   Kay Granger.
                                   Michael K. Simpson.