[House Report 116-83]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-83
======================================================================
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL,
2020
_______
May 23, 2019.--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. 2960]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2020, and for
other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Introduction...............................................
6
I. Department of Defense--Civil: 2
Corps of Engineers--Civil.......................... 2
10
Investigations............................. 2
18
Construction............................... 3
24
Mississippi River and Tributaries.......... 4
32
Operation and Maintenance.................. 5
35
Regulatory Program......................... 6
63
Formerly Utilized Sites Remedial Action
Program................................ 7
64
Flood Control and Coastal Emergencies...... 7
65
Expenses................................... 7
65
Office of the Assistant Secretary of the
Army (Civil Works)..................... 8
66
General Provisions................................. 9
66
II. Department of the Interior:
Central Utah Project............................... 12
67
Central Utah Project Completion Account.... 12
67
Bureau of Reclamation: 13
68
Water and Related Resources................ 13
69
Central Valley Project Restoration Fund.... 15
80
California Bay-Delta Restoration........... 16
80
Policy and Administration.................. 17
81
General Provisions................................. 17
81
III. Department of Energy:
Introduction.......................................
81
Committee Recommendations..........................
82
Energy Programs:
86
Energy Efficiency and Renewable Energy..... 21
86
Cybersecurity, Energy Security, and
Emergency Response..................... 22
96
Electricity................................ 22
97
Nuclear Energy............................. 23
99
Fossil Energy Research and Development..... 23
102
Naval Petroleum and Oil Shale Reserves..... 24
106
Strategic Petroleum Reserve................ 24
106
SPR Petroleum Account...................... 25
107
Northeast Home Heating Oil Reserve......... 25
107
Energy Information Administration.......... 25
107
Non-Defense Environmental Cleanup.......... 26
108
Uranium Enrichment Decontamination and
Decommissioning Fund................... 26
108
Science.................................... 26
109
Advanced Research Projects Agency--Energy.. 27
114
Title 17 Innovative Technology Loan
Guarantee Program...................... 27
114
Advanced Technology Vehicles Manufacturing
Loan Program........................... 29
115
Tribal Energy Loan Guarantee Program....... 29
115
Office of Indian Energy Policy and Programs 29
116
Departmental Administration................ 29
116
Office of the Inspector General............ 30
118
Atomic Energy Defense Activities:
National Nuclear Security Administration:
Weapons Activities......................... 31
119
Defense Nuclear Nonproliferation........... 31
122
Naval Reactors............................. 32
124
Federal Salaries and Expenses.............. 32
124
Environmental and Other Defense Activities:
Defense Environmental Cleanup.............. 33
125
Other Defense Activities................... 33
126
Power Marketing Administrations:
Bonneville Power Administration............ 34
128
Southeastern Power Administration.......... 35
128
Southwestern Power Administration.......... 36
128
Western Area Power Administration.......... 37
129
Falcon and Amistad Operating and
Maintenance Fund....................... 39
129
Federal Energy Regulatory Commission............... 41
129
Committee Recommendation...........................
130
General Provisions................................. 41
168
IV. Independent Agencies:
Appalachian Regional Commission.................... 49
168
Defense Nuclear Facilities Safety Board............ 50
169
Delta Regional Authority........................... 50
170
Denali Commission.................................. 50
170
Northern Border Regional Commission................ 51
171
Southeast Crescent Regional Commission............. 51
171
Nuclear Regulatory Commission...................... 52
172
Nuclear Waste Technical Review Board............... 54
175
General Provisions................................. 54
175
V. General Provisions
House of Representatives Report Requirements...............
176
Minority Views.............................................
240
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are
contained in the Budget of the United States Government, Fiscal
Year 2020. The following table summarizes appropriations for
fiscal year 2019, the budget estimates, and amounts recommended
in the bill for fiscal year 2020.
INTRODUCTION
The Energy and Water Development and Related Agencies
Appropriations bill for fiscal year 2020 totals
$46,413,000,000, $1,773,000,000 above the amount appropriated
in fiscal year 2019 and $8,353,958,000 above the budget
request. Total defense funding is $23,113,000,000, $673,000,000
above the amount appropriated in fiscal year 2019 and
$107,958,000 below the budget request. Total non-defense
funding is $23,300,000,000, $1,100,000,000 above the amount
appropriated in fiscal year 2019 and $8,461,056,000 above the
budget request.
Title I of the bill provides $7,355,500,000 for the Civil
Works programs of the U.S. Army Corps of Engineers,
$357,000,000 above fiscal year 2019 and $2,391,755,000 above
the budget request. Total funding for activities eligible for
reimbursement from the Harbor Maintenance Trust Fund is
estimated at $1,697,000,000, which is an increase of
$147,000,000 above fiscal year 2019 and $732,000,000 above the
budget request. The bill makes use of all estimated annual
revenues from the Inland Waterways Trust Fund.
Title II provides $1,647,849,000 for the Department of the
Interior and the Bureau of Reclamation, $82,849,000 above
fiscal year 2019 and $528,000,000 above the budget request. The
Committee recommends $1,632,849,000 for the Bureau of
Reclamation, $82,849,000 above fiscal year 2019 and
$523,000,000 above the budget request. The Committee recommends
$15,000,000 for the Central Utah Project, the same as fiscal
year 2019 and $5,000,000 above the budget request.
Title III provides $37,087,431,000 for the Department of
Energy, $1,402,114,000 above fiscal year 2019 and
$5,585,502,000 above the budget request. Funding for the
National Nuclear Security Administration (NNSA), which includes
nuclear weapons activities, defense nuclear nonproliferation,
naval reactors, and federal salaries and expenses, is
$15,894,281,000, $665,663,000 above fiscal year 2019 and
$590,719,000 below the budget request.
Funding for energy programs within the Department of
Energy, which includes basic science research and the applied
energy programs, is $14,198,415,000, $726,008,000 above fiscal
year 2019 and $5,849,150,000 above the budget request. The
Committee recommends $6,870,000,000 for the Office of Science,
$2,651,713,000 for Energy Efficiency and Renewable Energy,
$1,317,808,000 for Nuclear Energy, $740,000,000 for Fossil
Energy, and $425,000,000 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 $7,175,129,000, equal to fiscal year 2019 and $706,036,000
above the budget request.
The net amount appropriated for the Power Marketing
Administrations is provided at the requested levels.
Title IV provides $386,882,000 for several Independent
Agencies, $3,095,000 below fiscal year 2019 and $16,701,000
above the budget request. Net funding for the Nuclear
Regulatory Commission is $130,032,000, $95,000 below fiscal
year 2019 and $31,449,000 below the budget request.
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 decades of nuclear
weapons production and government-sponsored nuclear energy
research.
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
the nation's fossil and nuclear energy sources. The
recommendation provides a corrected balancing of support to the
applied energy research areas to ensure parity to the growth in
investment over the last several years and focus on
technologies to address climate change.
The Committee encourages innovation and technological
development to reduce emissions by pursuing research in all
energy sources, including wind energy, solar energy, energy
efficiency, fossil energy, nuclear energy, and hydropower.
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 faced 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
more 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 strong 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 the spring 2019 flooding. 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 this country to ship its 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 shipping 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. The properties and
investments protected by Corps infrastructure would often be
flooded without that infrastructure, destroying homes,
businesses, and many valuable acres of cropland.
Reclamation's water infrastructure is a critical component
of the agricultural productivity of this country 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.
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, 2020 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 2021 budget justification:
expenditures for fiscal year 2019 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 has heard concerns
that the cost allocation studies for some projects within the
Federal Columbia River Power System (FCRPS) are several decades
old and may not reflect current benefits provided by such
projects. The Committee directs the Corps, Reclamation, and the
Bonneville Power Administration to jointly develop an outline
for conducting cost allocation studies for relevant projects
within the FCRPS. The outline shall include, at a minimum, a
prioritized list of projects for which cost allocation studies
should be conducted, scope necessary to perform a study, a list
of other authorized purposes at each project identified for a
study, any regulatory or other constraints, and appropriate
timelines and estimated costs for each identified study. The
agencies shall be prepared to brief the Committee not later
than 180 days after enactment of this Act on this outline.
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.
BUDGET STRUCTURE CHANGES
The budget request for the Corps proposed numerous
structure changes, including creation of two new accounts
(Harbor Maintenance Trust Fund and Inland Waterways Trust Fund)
and the shifting of 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 funding levels included in the budget request,
just in different accounts than proposed. In particular:
Projects proposed for funding in the Harbor
Maintenance Trust Fund account in the budget request
have been transferred to the Construction, Mississippi
River and Tributaries, and Operation and Maintenance
accounts, as appropriate;
Projects proposed for funding in the Inland
Waterways Trust Fund account in the budget request have
been transferred to the Construction account;
Dredged material management plans, proposed
in the Investigations account in the budget request,
have been transferred to the Operation and Maintenance
account;
Dam safety modification studies, proposed in
the Investigations account in the budget request, have
been transferred to 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, have been transferred to
the Program within the Construction account; and
Sand mitigation projects, proposed in the
Harbor Maintenance Trust Fund account in the budget
request, have been transferred to 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. All
projects remain at the funding levels included in the budget
request.
Lastly, 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.
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 the continuing resolutions to start
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 anad 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 2020 is estimated to be
approximately $9,501,000,000.
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 2020, the Committee provides an estimated
$1,697,000,000 for HMTF-related activities, $147,000,000 more
than fiscal year 2019, $732,000,000 above the budget request,
and $100,000,000 above the annual target. 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 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 an 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 capital program
that assumes full use of revenues (i.e., as ongoing projects
approach completion). For fiscal year 2020, the Committee
provides appropriations making use of all estimated annual
revenues from the IWTF. The final program level will depend on
project-specific allocations to be made by the Corps. The
Committee also allocates $60,000,000 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 see 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 2020. 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 is 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 of 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. When allocating the additional funding
provided in this Act, the Corps shall consider implementation
decisions under P.L. 115-123 to maximize the reduction of risk
to public safety and infrastructure and the reduction of future
damages from floods and storms nationwide.
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 2020; 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 2020 and the specific reasons each study or project was
considered as being less competitive for an allocation of
funds.
New Starts.--The recommendation includes six new starts in
the Investigations account and six new starts in the
Construction account to be distributed across the authorized
mission areas of the Corps. Of the new starts in
Investigations, two shall be for navigation studies, one shall
be for a flood and storm damage reduction study, 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, two shall be for navigation projects; 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. No funding
shall be used to initiate new programs, projects, or activities
in the Mississippi River and Tributaries or Operation and
Maintenance accounts.
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 2020
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). A
new start designation shall be required to initiate
construction of individually-authorized projects funded within
programmatic line items. 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 account, 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, 2020, 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 a
Construction account funding level at the average of the past
three budget requests.
ASIAN CARP
The Committee expects the Corps to complete the Report of
the Chief of Engineers for the Great Lakes--Mississippi River
Interbasin Study--Brandon Road Recommended Plan expeditiously.
As the Corps prioritizes projects, it shall consider critical
projects to prevent the spread of invasive species. The Corps
is reminded that this critical project is eligible to compete
for additional funding within the Investigations account in
order to initiate preconstruction engineering and design. The
Corps is directed to provide quarterly updates to the Committee
on the progress and status of efforts to prevent the further
spread of Asian carp, including the Brandon Road Recommended
Plan, the location and density of carp populations, the use of
emergency procedures previously authorized by the Congress, and
the development, consideration, and implementation of new
technological and structural countermeasures.
The Committee is disappointed that the Administration chose
to cut Corps funding for the important inter-agency
collaborative work to address Asian carp. 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 to identify
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 potential solutions. The Corps
shall brief the Committee on such navigation protocols and
potential solutions not later than 30 days after enactment of
this Act.
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 prioritize ongoing deep draft lock
modernization or replacement projects.
CONGRESSIONAL DIRECTION AND REPROGRAMMING
To ensure that the expenditure of funds in fiscal year 2020
is consistent with congressional direction, to minimize the
movement of funds, and to improve overall budget execution,
this Act carries a legislative provision outlining the
circumstances under which the Corps may reprogram funds.
COMMITTEE RECOMMENDATION
The Committee recommends $7,355,500,000 for the Corps,
$357,000,000 above fiscal year 2019 and $2,391,755,000 above
the budget request.
A table summarizing the fiscal year 2019 enacted
appropriation, the fiscal year 2020 budget request, and the
Committee-recommended levels is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2019 enacted FY 2020 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations...................................... $125,000 $77,000 $135,000
Construction........................................ 2,183,000 1,306,945 2,337,000
Mississippi River and tributaries................... 368,000 209,872 350,000
Operation and maintenance........................... 3,739,500 1,930,428 3,923,000
Regulatory program.................................. 200,000 200,000 210,000
FUSRAP.............................................. 150,000 - 155,000
Flood control and coastal emergencies............... 35,000 27,000 37,500
Expenses............................................ 193,000 187,000 203,000
Office of the Assistant Secretary of the Army for 5,000 5,000 5,000
Civil Works........................................
Harbor Maintenance Trust Fund....................... - 965,000 -
Inland Waterways Trust Fund......................... - 55,500 -
-----------------------------------------------------------
Total, Corps of Engineers--Civil................ 6,998,500 4,963,745 7,355,500
----------------------------------------------------------------------------------------------------------------
INVESTIGATIONS
Appropriation, 2019................................... $125,000,000
Budget estimate, 2020................................. 77,000,000
Recommended, 2020..................................... 135,000,000
Comparison:
Appropriation, 2019................................. +10,000,000
Budget estimate, 2020............................... +58,000,000
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:
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.
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 for environmental restoration or compliance, the Corps
shall allocate not less than $8,181,900 for ecosystem
restoration projects in the PED phase that have been funded
within the last three years. Of the additional funding provided
for environmental restoration or compliance and other
authorized project purposes, the Corps shall allocate not less
than $1,500,0000 for ecosystem restoration projects that are
modifications to flood protection project authorizations to
address degraded conditions due to prior flood protection work.
Of the additional funding provided in this account for flood
and storm damage reduction and flood control, the Corps shall
allocate not less than $1,500,000 for PED for 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.
Disposition of Completed Projects.--The Committee supports
the budget request for disposition studies pursuant to
facilities that closed as a result of P.L. 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.
National Historic Landmarks.--The Committee appreciates
that certain flood and storm damage reduction studies encompass
National Historic Landmarks that are immediately threatened by
shoreline erosion sites. The Corps is encouraged to consider
the economic activity generated by these sites, and the value
of the landmark itself, when prioritizing studies.
Tribal Partnership Program.--The Committee encourages the
Corps, through this program, to collaborate with university
partners in support of the Tribal National Technical Center of
Expertise, as appropriate.
Promontory Point.--The Committee is supportive of efforts
to move forward with the third-party review of the Promontory
Point portion of the Chicago Shoreline project.
Principles & Requirements.--The Committee directs the Corps
to develop implementation rules and guidelines for the final
Principles and Requirements for Federal Investments in Water
Resources released in March 2013 and the final Interagency
Guidelines released in December 2014. The Corps is directed to
provide to the Committee not later than 180 days after
enactment of this Act a briefing on the status of plans to
develop these rules and guidelines. The Corps is directed to
provide to the Committee a detailed implementation plan prior
to implementing any rules and guidelines.
Impacts on Oyster Reefs.--The Committee supports Corps
efforts, 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.
Upper Mississippi River-Illinois Waterway System.--The
Committee recognizes the importance of advancing the Navigation
and Ecosystem Sustainability Program (NESP) for the Upper
Mississippi region and the nation's economy and notes that
Congress has already appropriated more than $62,000,000 in PED
funding for this program. The Committee urges the Corps to
expeditiously complete the Economic Reevaluation Report in
order to move forward with PED and advance the projects
authorized in Title VIII of the Water Resources and Development
Act of 2007 (P.L. 110-114).
Upper Des Plaines River and Tributaries Project.--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.
Lake Cypress, Florida.--The Committee remains 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
about reports that the shoal has become a danger to navigation
and strongly encourages the Corps to cooperate with state and
local officials on this issue.
Rio Puerto Nuevo Flood Control Project, Puerto Rico.--The
Committee commends the collaboration and constructive dialogue
between Para la Naturaleza and the Corps relating to the Rio
Puerto Nuevo Flood Control Project. The Committee recognizes
the progress made to balance flood protection with
environmental stewardship and historic preservation at this
site and urges the Corps to consult with interested parties as
it further evaluates flood control projects in Puerto Rico.
Research and Development.--The Corps is encouraged to
continue research using geophysical computational modeling and
to use those processes to create simulations of changing
environmental processes, sea level rise, and habitat
degradation.
Reporting Requirement.--The Corps is encouraged to work
expeditiously towards compliance with sections of P.L. 115-270
that authorized and 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.
Projects of Importance to National Defense.--The Committee
recognizes the importance of flood and coastal storm damage
reduction investigations necessary to protect critical national
defense capabilities that are also major regional economic
hubs.
CONSTRUCTION
Appropriation, 2019................................... $2,183,000,000
Budget estimate, 2020................................. 1,306,945,000
Recommended, 2020..................................... 2,337,000,000
Comparison:
Appropriation, 2019................................. +154,000,000
Budget estimate, 2020............................... +1,030,055,000
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:
Murrieta Creek, California.--The Corps expects to complete
the Phase 2A component of the project and Phase I Environmental
and Vegetation Removal by the end of 2019. The Committee
remains concerned with the Corps' slow progress on completing
the Validation Report, even though a draft economic analysis
was issued in 2013, and urges the Corps to complete the report
expeditiously. The Corps is directed to re-evaluate project
hydraulics, hydrology, and economics to determine if the cost
savings identified by the local sponsor are appropriate and to
include the full range of benefits in the Validation Report.
Port of Brownsville Deepening Project.--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 the Brownsville
Deepening project is eligible to compete for additional funding
provided in this account.
Charleston Harbor, South Carolina.--The budget request
lists this project as one that is funded to completion. The
Committee understands that the Corps intends to use the funds
requested in the budget request to cover costs of the three
remaining contracts scheduled for award in fiscal year 2020 or
beyond for the Charleston Harbor Deepening Project. The Corps
is directed to brief the Committee not later than 45 days after
enactment of this Act on the status of the efforts to amend the
existing project partnership agreement to use these funds to
fully fund, up to the amount in the budget request, the three
remaining contracts.
Howard Hanson Dam.--The Committee notes that the Corps is
working to support a planning workshop 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.
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.
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
funding in future budget submissions for these efforts.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Committee is supportive of the
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan.
New York and New Jersey Harbor Deepening Project.--The
Committee is encouraged by the work of the Corps and its local
partners to bring the construction of the New York and New
Jersey Harbor Deepening Project to completion. This project of
national significance is an example of how the Corps and its
partners can work together to enhance the national economy.
Clearing and Snagging Projects.--Section 208 of the Flood
Control Act of 1954 authorizes channel clearing and excavation
to reduce nuisance flood damages caused by debris and minor
shoaling of rivers. The Corps is directed to brief the
Committee not later than 90 days after enactment of this Act on
the status of activities undertaken pursuant to this authority.
Cano Martin Pena, Puerto Rico.--The Committee remains
interested in the timely advancement of this project and
recognizes the ancillary benefits this project would bring for
flood protection, improved water quality, and economic
revitalization in a disadvantaged corridor of San Juan. The
Committee encourages the Corps to work with the non-federal
sponsor and to include funding for this project 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 this project.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness. Of the
additional funds provided in this account, the Corps shall
allocate not less than $27,000,000 to projects with riverfront
development components. Of the additional funding provided in
this account for flood and storm damage reduction and flood
control, the Corps shall allocate not less than $20,000,000 to
additional nonstructural flood control projects. 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 $25,000,000 to
authorized reimbursements for projects with executed project
cooperation agreements and that have completed construction or
where non-federal sponsors intend to use the funds for
additional water resources development activities. Of the
additional funding provided in this account for environmental
restoration or compliance, the Corps shall allocate not less
than $5,000,000 for projects that restore and rehabilitate
native oyster reefs. Of the additional funding provided in this
account for flood and storm damage reduction and flood control,
the Corps shall allocate not less than $25,000,000 to continue
construction of projects that principally address drainage in
urban areas. Of the additional funding provided in this account
for environmental restoration or compliance and other
authorized purposes, the Corps shall allocate not less than
$28,000,000 for ecosystem restoration projects that have
incidental flood risk management benefits.
P.L. 115-123 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 most of the current year capability.
Therefore, to ensure funding is not directed to where it cannot
be used, the Committee includes $50,165,000 for construction of
shore protection projects. 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;
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 funds making use of all
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 funding provided for
the Aquatic Plant Control Program, $15,000,000 shall be for
watercraft inspection stations, as authorized by section 1170
of the America's Water Infrastructure Act of 2018, and
$3,000,000 shall be for related monitoring.
Continuing Authorities Program (CAP).--The Committee
continues to support all sections of the Continuing Authorities
Program. Funding is provided for eight CAP sections at a total
of $88,000,000. 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.
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, but remains
concerned about implementation of the program. The
recommendation provides $7,500,000 for 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.
P.L. 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 P.L. 115-123.
New Programs Requested in the Budget Proposal.--The budget
request includes a proposal for $150,000,000 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. Individual projects that compete
successfully for funding based on other performance-based
criteria may be implemented using the section 1043 authority,
if appropriate. The Corps shall brief the Committee not later
than 45 days after enactment of this Act on activities carried
out under the section 1043 pilot program, including the Corps'
implementation guidance and any existing or potential
agreements.
The budget request also includes $150,000,000 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.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2019................................... $368,000,000
Budget estimate, 2020................................. 209,872,000
Recommended, 2020..................................... 350,000,000
Comparison:
Appropriation, 2019................................. -18,000,000
Budget estimate, 2020............................... +140,128,000
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:
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.
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
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.
Midwest Flooding.--The spring 2019 flooding in the Midwest
is a reminder of the importance of flood risk management
efforts at the federal, state, and local levels. The Corps is
reminded that actions taken to help communities recover as
quickly as possible after such flood events are also important,
including actions in accordance with section 1128 of the
America's Water Infrastructure Act of 2018.
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.
OPERATION AND MAINTENANCE
Appropriation, 2019................................... $3,739,500,000
Budget estimate, 2020................................. 1,930,428,000
Recommended, 2020..................................... 3,923,000,000
Comparison:
Appropriation, 2019................................. +183,500,000
Budget estimate, 2020............................... +1,992,572,000
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:
Toledo Harbor, Ohio.--Toledo Harbor and the channel at the
mouth of western Lake Erie serves as a major thoroughfare to
the Great Lakes System, supporting manufacturing and commerce
throughout the region. Additional funds have been provided in
the Operation and Maintenance account, and the Corps is
reminded that Toledo Harbor can compete for these funds.
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;
addressing hazardous barriers to navigation
due to shallow channels;
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 requests.
Aquatic Nuisance Research Program.--The Committee provides
an additional $4,000,000 to supplement activities related to
harmful algal blooms and 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 critical need to develop next generation
ecological models to maintain inland and intracoastal
waterways, which contribute over $649,000,000,000 annually to
the U.S. economy. The Committee has provided an additional
$5,675,000 to develop next-generation ecological models. 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.
Gross Revenue Fees.--Improving public access to and usage
of Corps facilities and the continued enhancement of those
facilities are significant policy objectives. The Committee has
heard concerns that current Corps policy and actions related to
the fees placed on gross revenue have discouraged the
enhancement of facilities and amenities at certain properties.
The Committee directs the Comptroller General to complete a
study on how to enhance recreational opportunities and property
enhancements, including a review of the impact of gross revenue
fees.
Administrative Fees.--The Committee has heard concerns that
the Corps has imposed unpredictable administrative fees on
lessees for routine, general operational items that are not
specifically outlined in leases between the Corps and
concessionaires at Corps facilities. The Corps is directed to
brief the Committee not later than 90 days after enactment of
this Act on current Corps policy on administrative fees,
including statutory authorization, policy guidance documents,
and a description of when and how much variation is allowed for
various activities and across district offices.
Coastal Resilience Study.--The Corps plays a critical role
in managing flood risk and threats from coastal hazards. The
Comptroller General is directed to provide to the Committee not
later than one year after enactment of this Act a report with
recommendations to Congress on how to increase the Corps'
capacity to repair and maintain existing projects before they
deteriorate to the point of failure.
Monitoring of Completed Navigation Projects.--The Committee
supports the Corps' efforts to cost-effectively improve the
safety, efficiency, and reliability of critical and aging
infrastructure. The Committee understands that the Corps
continues to explore non-destructive testing methods of
inspection that can assist in performing this vital mission
with increased safety and accuracy and at significantly less
cost than current methods. The recommendation provides
$2,000,000 for the Corps to complete an asset management plan
regarding non-destructive testing methods.
Coastal Inlets Research Program.--The Committee recognizes
the importance of sustainable oyster reefs for protecting vital
navigation channels and coastal infrastructure, supporting
commercial fisheries, and maintaining healthy ecosystems.
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. The
Corps is encouraged to develop partnerships with research
universities to leverage expertise to enhance the Engineer
Research and Development Center Environmental Laboratory
mission.
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.
Water Operations Technical Support (WOTS).--Funding in
addition to the budget request is included to continue research
into atmospheric rivers first funded in fiscal year 2015.
Dredging Operations and Environmental Research (DOER)
Program.--The Committee commends the Corps for its ongoing
research into nature-based infrastructure and encourages the
Corps to continue to work with university partners to develop
standards, design guidance, and testing protocols to fully
evaluate and standardize nature-based and hybrid infrastructure
solutions.
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.
Petaluma River.--The Committee is aware that the last full
dredging of the Petaluma River was in 2003. Prior to 2003, the
channel was dredged every three to four years to maintain
channel depth. Shoaling in the Upper Petaluma River is
impacting commercial traffic as barging companies curtail
operations and the capacities of barges. Given public safety
concerns as well as economic impacts, the Corps is reminded
that the Petaluma River is eligible to compete for additional
funding provided in this account.
Response to Climate Change at Corps Projects.--The
Committee recognizes the need to further incorporate
assessments of climate-related risks and vulnerabilities in
Corps planning, programs, projects, investments, and related
funding decisions, and simultaneously to set up a process to
explore and prioritize further mitigation opportunities in
broader Corps work.
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 section 210(c)(3) and 210(d)(1)(B)(ii) of WRDA
1986.
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.
Federal Breakwaters and Jetties.--Within available funds,
the Corps is directed to assess the inventory of the structural
condition of federal breakwaters and jetties protecting harbors
and inland harbors.
Lake Okeechobee.--The Committee is aware that the Corps is
currently reevaluating the Lake Okeechobee System Operating
Manual to take into consideration the upcoming completion of
the Herbert Hoover Dike and certain Everglades restoration
projects. The Committee encourages the Corps to use the best
available science to determine appropriate lake levels 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.
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 requests.
Operation and Maintenance of Corps Dams.--The Corps'
operation of hydroelectric and navigational dams provides an
affordable source of hydroelectric power to communities across
the nation and supports wildlife habitats, 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 the economic
sustainability of local communities. The Corps shall provide to
the Committee not later than 180 days after enactment of this
Act a report on the dredging and maintenance needs of the
Walter F. George, George Andrews, and Jim Woodruff locks and
dams.
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 these concerns,
including the use of non-potable water from reservoirs.
Contaminated Sediment.--Section 312 of the Water Resources
Development Act of 1990 provides for the removal of
contaminated sediment for purposes of environmental enhancement
and water quality improvement. The Committee is aware that the
Corps may be constrained in its use of section 312 due to
liability concerns when dredging contaminated sediment. The
Committee encourages the Corps to partner with the
Environmental Protection Agency, when possible, to enter into
hold harmless agreements with states and localities when
appropriate pursuant to existing authorities. The Corps shall
provide to the Committee not later than 180 days after
enactment of this Act a report on the historic use of section
312 and any ongoing contaminated sediment removal efforts,
including impediments to utilizing section 312 and
recommendations for addressing any impediments.
Mapping and Surveying Technologies.--The Committee
recommends not less than $1,200,000 for a pilot effort to
identify modernization initiatives and recommendations at Corps
districts for the procurement of advanced integrated GPS and
optical surveying and mapping equipment. The Corps' Geospatial
Center shall conduct an assessment leveraging a District level
project, as appropriate, to evaluate the performance and
capabilities against its current mapping and surveying
equipment. The Corps shall brief the Committee on the results
of the assessment upon completion.
Levee Safety.--The Committee notes that the Corps has
authorization to carry out certain levee safety initiatives.
The recommendation provides funds above the budget request for
two Remaining Items, the National (Levee) Flood Inventory and
Inspection of Completed Federal Flood Control Projects, to
carry out ongoing work. 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.
REGULATORY PROGRAM
Appropriation, 2019................................... $200,000,000
Budget estimate, 2020................................. 200,000,000
Recommended, 2020..................................... 210,000,000
Comparison:
Appropriation, 2019................................. +10,000,000
Budget estimate, 2020............................... +10,000,000
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.
Public Safety Projects.--The Committee continues to hear
that public safety infrastructure projects have been delayed
due to excessive and repeated reviews. Many communities depend
on these projects to protect their residents from natural
disasters. Considering the risk to life and other damages that
these disasters inflict upon communities, it is in the public
interest to have local governments mitigate for this harm.
Therefore, the Committee encourages the Corps to give the
public safety aspects of a project sufficient and appropriate
consideration when reviewing permit applications.
Wetland Mitigation Banks.--The Committee recognizes there
are proposed wetland mitigation banks currently under review by
the Corps, including the Seattle District, where there are
multiple proposals awaiting review. The Committee encourages
the Corps to expeditiously complete all reviews, including the
review of proposed wetland mitigation banks located in counties
where no other mitigation banks are currently operating in
order to improve geographic coverage of mitigation activities.
The Corps shall brief the Committee not later than 90 days
after enactment of this Act on steps taken to expeditiously
complete these reviews.
Staffing Shortages.--The Committee recognizes the systemic
staffing shortages across the Regulatory Program and directs
the Corps to provide to the Committee not later than 180 days
after enactment of this Act a report on the number of currently
unfilled positions in each District and a detailed plan for how
the agency intends to fill those positions.
Timelines.--The Committee is concerned with the disparity
in permitting process timelines among the Corps districts, and
even more so with those districts whose timelines continue to
grow in length. The Committee urges the Corps to encourage
timely permitting in its districts, examine best practices
among those districts with the lowest permitting timelines, and
implement the same across other districts with lagging and
protracted timelines.
Chehalis Basin, Washington.--The Committee is aware that
flooding has long been a problem in the Chehalis Basin. The
Committee is also aware of delays in the Corps' work in
environmental review of the project. The Committee 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.
Chehalis Basin Process.--The Committee is pleased with the
Seattle District for working collaboratively with stakeholders
in the Chehalis Basin Process in Washington state for flood
protection in the nearby communities. The Committee encourages
the District to continue in this effort and further, to
synchronize the National Environmental Policy Act and State
Environmental Policy Act processes to gain efficiencies and
continue moving the process forward in a timely manner.
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, 2019................................... $150,000,000
Budget estimate, 2020................................. - - -
Recommended, 2020..................................... 155,000,000
Comparison:
Appropriation, 2019................................. +5,000,000
Budget estimate, 2020............................... +155,000,000
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 rejects the budget 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 intended
to transfer 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 is 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 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 the 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 Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2019................................... $35,000,000
Budget estimate, 2020................................. 27,000,000
Recommended, 2020..................................... 37,500,000
Comparison:
Appropriation, 2019................................. +2,500,000
Budget estimate, 2020............................... +10,500,000
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 within this account. The additional funds provided
for this account will ensure that the Corps remains capable of
carrying out these responsibilities.
EXPENSES
Appropriation, 2019................................... $193,000,000
Budget estimate, 2020................................. 187,000,000
Recommended, 2020..................................... 203,000,000
Comparison:
Appropriation, 2019................................. +10,000,000
Budget estimate, 2020............................... +16,000,000
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
Corps' efforts to implement the alternative financing
mechanisms authorized in the Water Infrastructure Financing and
Innovation Act (WIFIA).
The Corps is directed to submit to the Committee not later
than 45 days after enactment of this Act a report detailing the
Corps' efforts on developing public-private partnerships,
including any authorized pilots. The report also shall include
an updated list of any demonstration projects being evaluated
and a detailed description of the goals, advances in, and
remaining challenges for each project.
The Committee appreciates the Corps' efforts to develop and
implement the WIFIA program, including the development of a
draft credit subsidy model and partnering with the
Environmental Protection Agency in program development. The
Committee notes that the Corps has indicated that additional
steps are required before it can begin loan obligations under
this program, including the development and publishing of
program regulations, a notice of funding availability, and a
two-phase process of letter of intent submissions and loan
applications. The Committee directs the Corps to brief the
Committee regularly on further developments in program
implementation, with the first briefing occurring not later
than 90 days after enactment of this Act.
Additional funds are available to further develop this
program. However, 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.
Other Transaction Authority.--The Committee is aware that
the use of Other Transaction Authority provides a streamlined
acquisition tool to accelerate project delivery. When leveraged
appropriately, Other Transaction Authority also gives the
government greater access to innovative, state-of-the-art
technology solutions from the commercial sector. The Corps is
encouraged to expand its use of Other Transaction Agreements to
execute the Civil Works program.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2019................................... $5,000,000
Budget estimate, 2020................................. 5,000,000
Recommended, 2020..................................... 5,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... - - -
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, 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.
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 projects.
The bill continues 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 continues a provision regarding reallocations at a
project.
The bill continues 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 bill 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.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2019................................... $15,000,000
Budget estimate, 2020................................. 10,000,000
Recommended, 2020..................................... 15,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +5,000,000
The Central Utah Project Completion Act (CUPCA) (titles II-
VI of P.L. 102-575) provides for the completion of the Central
Utah Project by the Central Utah Water Conservancy District.
The Act 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. The Act further assigns responsibilities for
carrying out the 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
$15,000,000 for the Central Utah Project Completion Account,
which includes $11,700,000 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
Reclamation 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 Water and Related Resources
account. These activities are funded by a transfer from the
Western Area Power Administration and included in section 307
of this Act.
FISCAL YEAR 2020 BUDGET REQUEST AND COMMITTEE RECOMMENDATION
The budget request for the Bureau of Reclamation totals
$1,109,849,000. The Committee recommendation totals
$1,632,849,000, which is $82,849,000 above fiscal year 2019 and
$523,000,000 above the budget request.
A table summarizing the fiscal year 2019 enacted
appropriation, the fiscal year 2020 budget request, and the
Committee recommendation is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2019 enacted FY 2020 request Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources......................... $1,391,992 $962,000 $1,485,000
Central Valley Project Restoration Fund............. 62,008 54,849 54,849
California Bay-Delta Restoration.................... 35,000 33,000 33,000
Policy and Administration........................... 61,000 60,000 60,000
-----------------------------------------------------------
Total, Bureau of Reclamation.................. 1,550,000 1,109,849 1,632,849
----------------------------------------------------------------------------------------------------------------
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2019................................... $1,391,992,000
Budget estimate, 2020................................. 962,000,000
Recommended, 2020..................................... 1,485,000,000
Comparison:
Appropriation, 2019................................. +93,008,000
Budget estimate, 2020............................... +523,000,000
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:
Salton Sea, California.--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 health, environmental,
agricultural, and natural resource impacts at the Salton Sea.
The Committee appreciates the work the Department of the
Interior has done at the Sea, and encourages the Department to
partner with federal, state, and local partners to support
mitigation activities and reduce the likelihood of severe
health and environmental impacts.
Tualatin Project, Scoggins Dam, Oregon.--The Committee
supports the budget request for preconstruction activities at
Scoggins Dam under the Safety of Dams program. The Committee
urges Reclamation to expeditiously complete the preconstruction
phase. Consistent with existing authorities, the Committee
encourages Reclamation to evaluate alternatives, including new
or supplementary works, provided that safety remains the
paramount consideration, to address dam safety modifications
and increased conservation storage. Considering the high risk
associated with Scoggins Dam, the Committee urges Reclamation
to work with local stakeholders and repayment contractors on
this joint project including feasibility and environmental
review of the engineering preferred alternative and the NEPA
review. The Committee has been told that a replacement
structure downstream could significantly reduce project costs
for both the federal government and local stakeholders.
Reclamation may accept contributed funds from non-federal
contractors to expedite completion of any level of review.
Columbia Basin Project, Washington.--The Committee is aware
of the Odessa Ground Water Replacement Program within the
Columbia Basin Project to deliver surface water to the Odessa
Subarea. The Subarea groundwater is being withdrawn at a rate
beyond the aquifer's capacity to recharge, and aquifers in the
Subarea are quickly declining. Groundwater is virtually
depleted to such an extent that water must be pumped from wells
as deep as 2,400 feet. Water pumped from such depths is hot and
has dangerously high sodium concentrations. The Committee
supports Reclamation's partnership in the program to provide
farmlands in Central and Eastern Washington with surface water
supply through operational changes in the storage and delivery
system and urges Reclamation to move forward to implement the
program.
Mni Wiconi Project, South Dakota.--Reclamation is directed
to continue working with the Tribes and relevant federal
agencies 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.
Aquatic Nuisance Species.--Additional funding provided
under Environmental Restoration or Compliance and Water
Conservation and Delivery may be used to combat the growing
threat of aquatic invasive species.
Aamodt Litigation Settlement Act.--The Committee is aware
that the cost of the Aamodt litigation settlement project will
exceed the current authorization. The Committee understands
that Reclamation and the parties to the settlement have
determined through negotiations about this project the need for
increasing the federal cost ceiling. The Committee directs
Reclamation to use funds on hand for this settlement to
initiate construction of features necessary to prevent
additional cost overruns associated with delayed construction.
Yakima River Basin Water Enhancement Project Integrated
Plan, Washington.--The Committee is aware of the Yakima Basin
Integrated Plan that has been developed by the Yakima River
Basin Water Enhancement Project Working Group, including
Reclamation, to address ecosystem restoration, water storage,
and water supply needs for agriculture, fish, and
municipalities within the Yakima River Basin in Central
Washington. The Committee is supportive of the Plan and
encourages Reclamation to move forward on implementing
authorized components of the Plan.
San Joaquin River Restoration Program.--Permanent
appropriations, newly available for the program in fiscal year
2020, should not supplant continued annual appropriations.
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,'' $89,333,000 shall be for water storage projects as
authorized in section 4007 of P.L. 114-322.
Of the additional funding provided under the heading of
``Water Conservation and Delivery,'' $40,000,000 shall be for
water conservation activities in areas that are experiencing
extended drought conditions. These water conservation
activities shall include well construction and irrigation
related structural or other measures, programs and projects
that result in conservation of other surface water or
groundwater, or improve water system efficiency, resilience,
reliability, delivery, and conveyance. 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 P.L.
113-235 are eligible to compete for the additional funding
provided under ``Water Conservation and Delivery.''
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $8,000,000 shall be for desalination projects as
authorized in section 4009(a) of P.L. 114-322.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $13,333,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of P.L. 114-322.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2019................................... $62,008,000
Budget estimate, 2020................................. 54,849,000
Recommended, 2020..................................... 54,849,000
Comparison:
Appropriation, 2019................................. -7,159,000
Budget estimate, 2020............................... - - -
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 decrease 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 no less than $1,200,000 for the
Anadromous Fish Screen Program, in accordance with the budget
request. The Committee continues to be concerned about the
disconnect between funding levels requested and ultimately
allocated for the Anadromous Fish Screen Program. The Committee
encourages Reclamation to maintain its focus on screening the
remaining high priority diversions from within funds made
available under the Central Valley Project Restoration Fund in
future budget requests.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2019................................... $35,000,000
Budget estimate, 2020................................. 33,000,000
Recommended, 2020..................................... 33,000,000
Comparison:
Appropriation, 2019................................. -2,000,000
Budget estimate, 2020............................... - - -
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.
POLICY AND ADMINISTRATION
Appropriation, 2019................................... $61,000,000
Budget estimate, 2020................................. 60,000,000
Recommended, 2020..................................... 60,000,000
Comparison:
Appropriation, 2019................................. -1,000,000
Budget estimate, 2020............................... - - -
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 five 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.
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 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 Claims
Resolution Act of 2010.
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;
Advanced Research Projects Agency--Energy; Innovative
Technology Loan Guarantee Program; Advanced Technology Vehicles
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; 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
$31,501,929,000 in fiscal year 2020 to fund programs in its
four primary mission areas: science, energy, environment, and
national security. The Department of Energy budget request is
$4,183,388,000 below the fiscal year 2019 level. The
recommendation provides $37,087,431,000 for the Department of
Energy, $5,585,502,000 above the budget request.
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.
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 the 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.
FINANCIAL REPORTING AND MANAGEMENT
The Department still is not in compliance with its
statutory requirement to submit to Congress, at the time that
the 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 90 days after enactment of this Act.
Working Capital Fund.--The Department has requested
$276,096,000 for the working capital fund for fiscal year 2020.
The Committee provides $276,096,000 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 90 days after enactment of this Act.
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 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 Committee directs 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 Department is
directed to provide to the Committee a report on its internal
programs that support research and development opportunities
from the institutions mentioned above. The Department shall
provide this report as a comprehensive evaluation not later
than 90 days after enactment of this Act.
Workforce Development Programs.--The Committee recognizes
the need to ensure that the nation has a ready, capable
workforce both for today and the next generation to meet
changing energy demands and safeguard the nation's nuclear
security. The Department has a long history and unique
opportunity of training and supporting the science, technology,
engineering, and mathematics workforce. The Department is
directed to provide to the Committee not later than 90 days
after enactment of this Act a report that includes an inventory
of workforce development and readiness programs supported
throughout the Department. The inventory shall include current
programs, past programs over the last 10 years, and
recommendations for the Department to improve or expand its
workforce development efforts. The report shall also include
specific recommendations addressing workforce readiness to meet
the Department's nuclear security missions.
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 2021 budget request.
Improper Payments.--The Committee continues to be concerned
that the Department is failing in its responsibility to ensure
that its maintenance and operating contracts with incurred
costs valued at billions of dollars per year are being audited
appropriately and in a timely manner. 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 the Department's cost audit
coverage. The Department was directed in the fiscal year 2019
Act to provide to the Committee a plan for removing the
Department from the Government Accountability Office's 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
not provided this report, and the Committee reiterates this
direction and looks forward to receiving this report not later
than 90 days after enactment of this Act.
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.
PROJECT MANAGEMENT
The Committee notes that the Department is not meeting its
statutory annual reporting requirements for its general plant
projects, yet has asked for relief in raising the funding limit
on general plant projects. Furthermore, the Department has not
been consistently reporting the details of its general plant
projects across Departmental programs in its budget request,
though the Committee notes improvement in certain programs. Not
later than 60 days after enactment of this Act, the Department
shall provide to the Committee a report on all general plant
projects funded in fiscal years 2018, 2019, and 2020. The
Department shall ensure that all general plant projects are
clearly identified in the appropriate sections of its fiscal
year 2021 budget request and that a full description with total
costs is included for each project.
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 should 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 may not be
implemented prior to approval by the Committee.
Transfers.--As in fiscal year 2019, 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.
COMMITTEE RECOMMENDATIONS
The Committee's recommendations for Department of Energy
programs in fiscal year 2020 are described in the following
sections. A detailed funding table is included at the end of
this title.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Appropriation, 2019................................... $2,379,000,000
Budget estimate, 2020................................. 343,000,000
Recommended, 2020..................................... 2,651,713,000
Comparison:
Appropriation, 2019................................. +272,713,000
Budget estimate, 2020............................... +2,308,713,000
Energy Efficiency and Renewable Energy (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 helped develop affordable, renewable energy and energy
efficiency technologies. EERE is on 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.
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 Committee directs EERE to offer technical and other
programmatic assistance to Puerto Rico to support investment in
innovative technologies to effectively reduce power system
emissions, efficiently treat wastewater, produce biofuels, and
generate power from solid waste, and to assist Puerto Rico in
assessing the viability of a subsea electric cable
interconnection and the use of micro grids.
The Committee recognizes the importance of the Department's
work on the Energy-Water Nexus and as part of that effort, the
Committee encourages the Department to enter into an
interdepartmental agreement with the Department of Agriculture
for research that explores how to integrate ongoing research
projects at the various national laboratories and the
Agricultural Research Service. The Department is directed to
provide to the Committee not later than 120 days after
enactment of this Act a report on research collaborations with
the Department of Agriculture, including at national
laboratories. This report shall also address how the
Department's expertise in energy efficiency for industrial
processes, lighting systems, materials science, and advanced
soil science can benefit food insecure communities and
greenhouse and four-season production platforms.
Zero Emissions Energy Credit.--The Committee notes that the
fiscal year 2018 Act directed the Department to produce a
report to evaluate the effects of a Zero Emissions Energy
Credit. The Committee expects a timely delivery of the report.
Energy Star.--The Committee supports the Department's
ongoing role in the Energy Star program in its current
structure. The Department is directed to support the
Environmental Protection Agency's efforts to reexamine Energy
Star guidelines and standard operating procedures to ensure
transparency, predictability, and consistency for all
stakeholders.
Energy Storage.--The Committee supports the Department's
ongoing role in advancing energy storage R&D and encourages
continued collaboration with the Office of Science, Office of
Fossil Energy, and Office of Electricity on these efforts.
SUSTAINABLE TRANSPORTATION
The Vehicle, Bioenergy, and Hydrogen and Fuel Cell
Technologies programs fund activities that can reduce American
exposure to future high oil prices. 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 future
high gas prices on Americans. 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. The Department is directed to provide to the
Committee not later than 180 days after enactment of this Act a
report 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.
Vehicle Technologies.--Within available funds, the
recommendation includes $163,200,000 for Batteries and Electric
Drive Technology; not less than $38,100,000 for electric drive
research and development, of which $7,000,000 is to enable
extreme fast charging and advanced battery analytics; and not
less than $35,000,000 for Materials Technology, of which
$30,000,000 is for early-stage research on multi-materials
joining, propulsion materials, and carbon fiber-reinforced
composites. Not less than $12,500,000 is provided for the Co-
Optimization of Engine and Fuels Multi-Laboratory Consortium.
The Committee provides $20,000,000 to continue the SuperTruck
II program to further improve the efficiency of heavy-duty
class 8 long- and regional-haul vehicles.
The Committee directs the Department to continue to support
the Clean Cities program, including providing competitive
grants to support alternative fuel, infrastructure, and vehicle
deployment activities. Within available funds, the
recommendation provides $42,300,000 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 each 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 continued outreach and
deployment activities of renewable natural gas and natural gas
powered vehicles.
Within available funds, the Committee includes not more
than $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, within available funds,
$10,000,000 to continue to support improving the energy
efficiency of commercial off-road vehicles, including not more
than $5,000,000 for fluid power systems. The Department is
directed to provide to the Committee not later than 120 days
after enactment of this Act a report on the potential for
efficiency in these areas.
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.
Bioenergy Technologies.--Within available funds, the
Committee encourages the Department to continue to address
issues regarding the use of biomass and waste, such as
municipal solid waste, refuse derived fuels, wet wastes, waste
gasses, and mixed wastes incorporating agriculture and forest
residues, as feedstocks for biofuels and biochemical products.
The Committee encourages continued research on the conversion
of fuels and chemicals to electricity. The recommendation
provides not less than $30,000,000 for feedstock supply and
logistics, of which $5,000,000 is for upgrades at the Biomass
Feedstock National User Facility to extend its capabilities and
maximize benefits. The recommendation provides $35,000,000 for
advanced algal systems.
Within available funds for Conversion Technologies, the
recommendation provides $20,000,000 to continue the Agile
Biology Foundry.
Within available funds for Demonstration and Market
Transformation, not less than $12,500,000 is provided for the
Co-Optimization of Engine and Fuels Multi-Laboratory
Consortium.
The Committee is appreciative of research that the
Bioenergy Technologies Office 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, not later than 180 days after the enactment of
that Act, 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 continued coordination with the
Office of Fossil Energy on research and development of
technologies for carbon capture and use.
Hydrogen and Fuel Cell Technologies.--The Committee
recognizes the progress in breakthrough research and cost
reduction for stationary, vehicle, motive, and portable power
applications of fuel cell and hydrogen energy technology.
Within available funds, $7,000,000 is to enable integrated
energy systems using high and low temperature electrolyzers
with the intent of advancing the H2@Scale concept and
$10,000,000 to cost share the Office of Nuclear Energy hydrogen
demonstration project. Within available funds, the Committee
recommends $35,000,000 for Technology Acceleration activities,
of which $5,000,000 is for industry-led manufacturing. The
Committee recommends not less than $7,000,000 for safety,
codes, and standards. The Committee remains supportive of
H2@Scale activities that enable wide-scale hydrogen production
and use in the United States to enable resiliency of power
generation and transmission.
The Committee encourages the Department to continue its
work on high temperature electrolysis coupled with thermal
systems.
RENEWABLE ENERGY
The Solar Energy, Wind Energy, Water Power, and Geothermal
Technologies programs fund applied research, development, and
demonstration 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 2008, the average price
of wind energy has dropped by 75 percent. In little more than a
decade, solar technology now powers more than nine million
homes in the United States.
Solar Energy.--The Committee recommends not less than
$55,000,000 for Concentrating Solar Power research and
development, of which $5,000,000 is provided for a
demonstration on advanced thermal desalination technologies.
The Committee recommends not less than $72,000,000 for
Photovoltaic Research and Development to develop new or
improved high-performance photovoltaic modules and
architectures, and to achieve greater than 40 percent cell
efficiencies.
The Committee recommends $35,000,000 for Balance of System
Cost efforts focused on developing best practices for reducing
the time and costs for permitting, inspecting, and
interconnecting distributed solar and storage projects
installed behind the customer's meter. Within these available
funds, $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 recommends not less than $49,500,000 for
Systems Integration and not less than $30,000,000 for
Innovations in Manufacturing Competitiveness.
The Department is encouraged to support the development and
demonstration of solar arrays that can withstand extreme
weather events, earthquakes, and which are hardened from
electromagnetic attacks. The solar arrays shall operate in
grid-connected mode and as stand-alone resources.
The recommendation provides $20,000,000 for a competitive
funding opportunity to improve photovoltaic cell technologies
including thin-film solar cell technologies and cadmium
telluride solar cell technologies, and to overcome grid
integration challenges and reduce the costs of solar adoption.
Wind Energy.--The Department shall focus on innovative
technologies that will lead to the next generation of offshore
wind energy. The Committee encourages the Department to expand
on the National Offshore Wind strategy published in 2016 by
assessing how to set up supply chain, infrastructure,
transmission, and grid integration to enable efficient
logistics for the offshore wind industry. This should include
how to plan for effective transmission of electricity from
offshore wind plants to the onshore grid, how to develop
regional networks of ports and other infrastructure to address
offshore wind logistical issues, how to design and construct
offshore wind support structures using U.S. labor, and
strategic approaches to addressing supply chain and long-term
workforce needs.
The Committee provides not less than $5,000,000 for the
Department's work on distributed wind technologies and
encourages continued investment in research.
The recommendation provides $1,000,000 for the Wind for
Schools program.
Water Power.--Within available funds, the recommendation
provides $82,000,000 for marine and hydrokinetic research,
development, and deployment activities, including research into
mitigation of marine ecosystems impacts of these 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 provides not more than
$10,000,000 to support research and development, testing, and
partnership activities for the new Powering the Blue Economy
initiative. The Committee encourages the Department 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 $35,000,000
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, of which not more than $10,000,000 is for the
Testing Expertise and Access for Marine Energy Research
program.
Within available funds, not more than $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 $43,000,000 for conventional
hydropower, of which not less than $6,600,000 is for the
purposes of section 242 of the Energy Policy Act of 2005. The
Committee provides $5,000,000 for a competitive funding
opportunity for industry-led research, development, and
deployment of cross-cutting energy converter technologies for
run-of-river and tailrace applications to better utilize
underdeveloped low-head and other hydropower resources.
The Committee recognizes the need for the Department to
advance an array of technologies related to hydropower research
and development. Within available funds, not less than
$1,000,000 is provided to explore using existing government
assets, including infrastructure operated by the U.S. Army
Corps of Engineers and any necessary agreements that would be
required to establish a hydropower research and development
test facility. The Department is directed to brief the
Committee not later than 180 days after enactment of this Act
on the potential for this type of test facility.
Geothermal Technologies.--Within available funds,
$5,000,000 is for the completion of the Frontier Observatory
Research in Geothermal Energy project, which will facilitate
necessary technology development and expand the understanding
of subsurface dynamics. The Department is directed to continue
its efforts to identify prospective geothermal resources in
areas with no obvious surface expressions. Within available
funds, not more than $10,000,000 is provided for at least one
demonstration project in an area with no obvious surface
expressions, including to develop technologies for distribution
of heat through district heating systems. The Department is
encouraged to issue a solicitation for near-field enhanced
geothermal systems demonstrations. The Department is encouraged
to work with the Department of the Interior on opportunities to
improve geothermal permitting.
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. The Committee encourages the Department to plan a
workshop including behavioral and social scientists to explore
ways to improve the adoption rate of energy efficient
technologies. The Committee also encourages the Department to
continue growing this body of adoption research. The Department
is directed to provide the Committee not later than 60 days
after enactment of this Act a report that details how the
Department would integrate such a program into the Department's
ongoing research programs.
Advanced Manufacturing.--The Committee provides not less
than $4,205,000 for improvements in the steel industry;
$25,000,000 for the Critical Materials Institute; $20,000,000
for the Energy-Water Desalination Hub; and $20,000,000 for the
Manufacturing Demonstration Facility (MDF) and the Carbon Fiber
Test Facility. Within available funds for the MDF, not more
than $5,000,000 is for the development of additive systems and
automation technologies that have the potential to deposit
multiple materials allowing for hybrid material solutions.
Within available funds, the recommendation provides not
less than $95,000,000 for Advanced Manufacturing Research and
Development.
The Committee provides $28,000,000 for the two Clean Energy
Manufacturing Innovation Institutes. The Committee is concerned
that recent efforts to establish a Clean Energy Manufacturing
Innovation Institute focused on cybersecurity in the
manufacturing industry will be duplicative of efforts already
undertaken by Department of Defense manufacturing institutes.
The Committee directs the Department to coordinate with the
Department of Defense prior to the award of this institute to
ensure it is not duplicative of previous or ongoing work
carried out by the Department of Defense. The Department shall
provide a briefing to the Committee outlining the unique
mission and work intended for this institute once the award is
made but prior to the beginning of operation of the institute.
The Committee supports the Department's ongoing efforts to
work on bio-based composites, bio-derived materials, and nano/
microcellulose research.
The Committee provides $20,000,000 for process-informed
science, design, and engineering of materials and devices in
harsh environments, including nuclear environments, and
$5,000,000 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 which includes
research and development opportunities. The Committee
recommends $11,000,000 to expand the technical assistance
provided by the Industrial Assessment Centers.
The Committee encourages the Department to expand its
existing voluntary technical assistance initiative to assist
energy-intensive manufacturing facilities in the United States
to achieve energy savings and reduce costs. The Department is
encouraged to prioritize assistance to manufacturing facilities
that use the most primary energy on an annual basis and to
ensure a diversity of facilities by geographic region.
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 provides $5,000,000 to expand the
technical assistance provided for water and wastewater
treatment. The Department shall brief the Committee not later
than 120 days after enactment of this Act on its plan to expand
technical assistance in this area. In addition, the Committee
provides $20,000,000 for research and development on
technologies to achieve energy efficiency of water and
wastewater treatment plants, including the deployment of
alternative energy sources, as appropriate.
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 directs the Department to continue its focus
on manufacturing energy efficiency and electrification to
support industrial greenhouse emission reductions. The
Department shall develop 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. Roadmaps should be developed
in consultation with external stakeholders and relevant offices
within the Department.
The Committee supports the Department's continued efforts
to accelerate development of manufacturing processes needed for
clean energy materials to go from discovery to scale-up with
the goal of lowering battery energy storage costs and spurring
job creation.
The Committee encourages the Department to make
recommendations on ways to increase the collection and
recycling rates of aluminum among municipalities and collection
sites, to include ways to deploy new technologies, educate
consumers, and demonstrate if increasing collection and
recycling might offset the costs of recycling other materials.
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's transactive energy systems program, including
development of advanced transactive control methodologies and
field validation and testing in existing buildings. The
Committee includes not less than $40,000,000 for Commercial
Buildings Integration, not less than $30,000,000 for
Residential Buildings Integration, not less than $110,000,000
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 encourages that funds for Residential Buildings
Integration be used for a comprehensive program to successfully
integrate the results of early-stage research and development
into U.S. residences to fully deliver innovative energy
technologies, practices, and information to American consumers
and companies.
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 appreciates the Department's work in mass
composite timber technology and high-performance building
insulation and sensor technologies. The Committee recommends
early stage research and development of technology to impact
commercial building by developing, building, and evaluating
cross-laminated timber wall systems with attention to their
energy content and energy efficiency.
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
Committee recommends continued research, development, and
market transformation programs on energy efficiency efforts
related to the direct use of natural gas in residential
applications, including gas heat pump heating and water
heating, on-site combined heat and power, and natural gas
appliance venting.
Not later than 30 days after enactment of this Act, the
Department shall provide a briefing to the Committee on the
status of the joint stakeholder proposal for an energy
efficiency standard for dedicated purpose pool pump motors. The
briefing shall include a timeline for implementation of the
recommendations in the joint stakeholder proposal.
The Committee supports the continued efforts by the
Building America Program and encourages robust funding for
these activities.
Federal Energy Management Program.--Within available funds,
$2,000,000 is provided to establish a Performance Based
Contract National Resource Collaborative Initiative to provide
expertise to state and local governments to facilitate the
expansion of performance-based contracts nationwide. The
initiative shall be coordinated with the Office of
Weatherization and Intergovernmental Programs. The Department
is directed to provide to the Committee not later than 120 days
of enactment of this Act a report that includes the types of
technical and financial expertise the Department is suited to
provide and 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 recommendation provides $2,000,000 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 $290,000,000.
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 training and technical
assistance to continue the Sustainable Wastewater
Infrastructure of the Future Accelerator.
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 Department is directed to provide to the
Committee not later than 120 days of enactment of this Act a
report that analyzes the feasibility of community-scale
weatherization efforts. The report shall explore if states or
subgrantees administering weatherization funds are currently
weatherizing multiple homes as part of an integrated,
community, or neighborhood approach.
The Committee notes that the Department and the Department
of Housing and Urban Development (HUD) have a Memorandum of
Understanding in place to streamline the weatherization
eligibility process for residents in publicly-assisted units.
Further interagency coordination could assist with information
dissemination that can lead to identification of individuals
who are eligible for weatherization services. The Department
shall brief the Committee not later than 120 days after
enactment of this Act regarding efforts to collaborate with
partners at the Department of Health and Human Services Low
Income Home Energy Assistance Program, the HUD Lead Hazard
Control and Healthy Homes Program, and the Department of
Veterans Affairs.
The Committee recognizes that lead exposure is exacerbated
by outdated windows and window panes. The Committee encourages
the Department to explore the possibility of including health
benefits from eliminated lead exposure in the calculation of
the savings-to-investment ratio and how it will impact the
program. Similarly, the Department is encouraged to further
explore how replacing leaded windows with lead free windows can
be incorporated in the savings-to-investment ratio.
The Committee rejects the proposed elimination of the State
Energy Program and provides $70,000,000.
CORPORATE SUPPORT
The Program Direction, Strategic Programs, and Facilities
and Infrastructure budgets provide the 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 Committee supports the
budget request for 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 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.
Cybersecurity, Energy Security, and Emergency Response
Appropriation, 2019................................... $120,000,000
Budget estimate, 2020................................. 156,500,000
Recommended, 2020..................................... 150,000,000
Comparison:
Appropriation, 2019................................. +30,000,000
Budget estimate, 2020............................... -6,500,000
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.
The recommendation includes the proposed movement of the
energy delivery system testing and analysis laboratory
initiative from Cybersecurity for Energy Delivery Systems to
Infrastructure Security and Energy Restoration to
operationalize the results of the research and development
initiative.
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.
Cybersecurity for Energy Delivery Systems.--Within
available funds, $10,000,000 is for research and development on
concepts to simplify and isolate automated systems and remove
vulnerabilities that could allow unauthorized access to the
grid through digital software systems. The Committee recommends
$5,000,000 for the DarkNet project to explore and develop
opportunities for transitioning the nation's critical
infrastructure off the internet and shielding the nation's
electricity infrastructure from disruptive cyber penetration.
Within available funds, $4,000,000 is provided for
university-based research and development of scalable cyber-
physical platforms for resilient and secure electric power
systems that are flexible, modular, self-healing, and
autonomous.
The Committee encourages the Department to continue its
focus on the development of private-sector partnerships to
secure industrial control systems across multiple critical
infrastructure entities without duplicating existing private
sector capabilities. The Committee encourages continued
investment in collaborative threat detection and intelligence
partnerships that makes industrial control systems threat
analytics and data accessible to the greater industrial control
systems community. The Committee also encourages the Department
to collaborate with other federal agencies on these efforts to
ensure they are further contributing to the overall success of
the federal critical infrastructure security mission.
Infrastructure Security and Energy Restoration.--Within
available funds, not less than $14,500,000 is to operationalize
the results of the energy delivery system testing and analysis
laboratory initiative, not less than $18,000,000 is for
preparedness and situational awareness, and not less than
$5,000,000 is for emergency response and recovery.
The Department is directed to provide to the Committee a
report that provides a 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 report shall
be provided not later than 90 days after enactment of this Act
and prior to any funds being obligated for the establishment of
any new testing capabilities.
Electricity
Appropriation, 2019................................... $156,000,000
Budget estimate, 2020................................. 182,500,000
Recommended, 2020..................................... 200,000,000
Comparison:
Appropriation, 2019................................. +44,000,000
Budget estimate, 2020............................... +17,500,000
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.
The Department is directed to continue the ongoing work
between the national laboratories, industry, and universities
to improve grid reliability and resiliency through the
strategic goals of the Grid Modernization Initiative (GMI). The
Department is encouraged to include all applied energy programs
to ensure broad energy system resilience and modernization.
Further, the Committee supports the Grid Modernization
Laboratory Consortium and supports continued updates to and
implementation of the Grid Multi-Year Program Plan to ensure
coordination across program office investments in foundational
and program-specific GMI projects. The Committee directs the
Department to emphasize national energy system 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 future smart grid.
Transmission Reliability and Resilience.--Within available
funds, the Committee directs not less than $500,000 for the
Department to select an appropriate transmission line to be
outfitted with advanced non-contact sensors to monitor and
collect data from each conductor and stringing section of the
target line for 12 months. The Department shall submit to the
Committee a summary report of the results and benefits that may
be produced from such transmission line monitoring. The
Department is further directed to provide to the Committee not
later than 180 days after enactment of this Act a report
outlining the barriers and opportunities for technologies that
provide increased, more efficient, or more effective delivery
over the existing transmission network. The report should
examine the reliability, resilience, and economic benefits of
technologies such as power flow control, topology optimization,
and dynamic line ratings. The Committee supports advancement of
the North American Energy Resiliency Model as it was described
in the Department's briefing to the Committee. If the
Department proposes any changes to or additional work regarding
the Model, the Department shall brief the Committee prior to
taking any action.
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.
Energy Storage.--Within available funds, the Department is
directed to establish a crosscutting program to lower the cost
of long duration grid-scale energy storage. The program shall
build off the Department's prior research and development
efforts in storage, include a suite of technologies capable of
providing storage-like functions, and focus R&D efforts on
technical, regulatory, and market issues necessary to achieve
both existing grid-scale storage cost and performance targets,
as well as targets for increased grid reliability, resiliency,
or others as appropriate. This initiative should leverage the
energy storage work being conducted within the Offices of
Science, Energy Efficiency and Renewable Energy, Nuclear
Energy, and Fossil Energy where appropriate. The Committee
directs continued support to alternative chemistries including
flow batteries using earth-abundant materials, continued work
with industry to support safety, and expanded assistance for
energy storage field validation and demonstration, with an
emphasis on renewable generation integration. The
recommendation includes $3,500,000 to accelerate support for
low-cost flow batteries that use earth-abundant materials by
improving materials and designing prototypes for one or more
field demonstration projects. Within available funds, the
Committee directs not less than $5,000,000 to establish a grid
storage launch pad aimed at accelerating materials development,
testing, and independent evaluation of battery materials and
battery systems for grid applications. The Department is
further directed to provide to the Committee not later than 90
days after enactment of this Act a report that sets
appropriately aggressive yet achievable cost and performance
targets, enumerates emerging energy storage applications, and
outlines a strategy for coordinating and aligning energy
storage R&D across the Department.
Transformer Resilience and Advanced Components.--The
Department is encouraged to continue to support research and
development for advanced components and grid materials for low-
cost, power flow control devices, including both solid state
and hybrid concepts that use power electronics to control
electromagnetic devices and enable improved controllability,
flexibility, and resiliency.
Nuclear Energy
Appropriation, 2019................................... $1,326,090,000
Budget estimate, 2020................................. 824,000,000
Recommended, 2020..................................... 1,317,808,000
Comparison:
Appropriation, 2019................................. -8,282,000
Budget estimate, 2020............................... +493,808,000
Nuclear power generates approximately one-fifth of the
nation's electricity and continues to be an important zero
carbon-emissions energy source. The Nuclear Energy 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.
NUCLEAR ENERGY RESEARCH AND DEVELOPMENT
The Committee is concerned about the Department's use of
flexibility in funds previously provided and has therefore
included additional control points for fiscal year 2020. The
Department is directed to submit its fiscal year 2021 budget
request using this budget structure.
The fiscal year 2018 Act directed the Department to provide
the Committee with a report detailing all current programs and
projects within the Office of Nuclear Energy, whether the
Department plans to continue to support each program or
project, and the expected out-year funding through completion
of the program or project. 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
may provide a briefing in lieu of a report, after consultation
with the Committee.
The fiscal year 2018 Act directed the Department to provide
a report that sets aggressive, but achievable goals to
demonstrate a variety of private-sector advanced reactor
designs and fuel types by the late 2020s to the Committee not
later than 180 days after the enactment of the Act. The
Committee is still awaiting that report and directs the
Department to provide the report not later than 90 days after
enactment of this Act.
Nuclear Energy University Program.--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to Nuclear Energy Research and Development 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 and is encouraged to spend not less
than $40,000,000 for the Nuclear Energy University Program to
support R&D activities performed at U.S. colleges and
universities.
Integrated University Program.--The Committee recommends
$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.
Nuclear Energy Enabling Technologies.--Within available
funds, $45,000,000 is for Crosscutting Technology Development,
of which $10,000,000 is for work on advanced sensors and
instrumentation, not less than $10,000,000 is for collaboration
with the Office of Science to accelerate the characterization,
development, and qualification of advanced materials suitable
for either high-radiation or heat above 750 Celsius, and
$10,000,000 is for hybrid integrated energy systems;
$40,000,000 is for the Nuclear Science User Facilities, of
which $10,000,000 is for nuclear energy computation system and
support, $10,000,000 is for the Nuclear Materials Discovery and
Qualification initiative, and $2,000,000 is for preliminary
engineering and design of a secure, separate, and shielded
beamline at the NSLS-II at Brookhaven National Laboratory to
examine radioactive materials; and $40,000,000 is for Nuclear
Energy Advanced Modeling and Simulation. The Department is
encouraged to transfer the analysis previously conducted under
the Consortium for Advanced Simulation of Light Water Reactors
innovation hub to the Nuclear Energy Advanced Modeling and
Simulation program.
Reactor Concepts Research, Development, and
Demonstration.--Within available funds, $100,000,000 is for
Advanced Small Modular Reactor Research and Development to
support technical, first-of-its-kind engineering and design and
regulatory development of next generation light water and non-
light water small modular reactors, of which $10,000,000 is for
the Joint Use Modular Program; $105,000,000 is for Advanced
Reactor Technologies, of which $20,000,000 is for a new
solicitation for at least two new public-private partnerships
focused on advancing non-light water reactor designs towards
demonstration phase, $25,000,000 is for MW-scale reactor
research and development, $34,000,000 is for fuel and graphite
qualification, and $5,000,000 is to establish the National
Reactor Innovation Center; and $65,000,000 is for Versatile
Advanced Test Reactor R&D to pursue conceptual design and other
activities necessary to achieve Critical Decision-1 (CD-1),
Alternative Selection and Cost Range. The Department is
directed to provide the Committee the CD-1 documentation
immediately following the Department's approval of CD-1 for the
Versatile Advanced Test Reactor. The Department is encouraged
to identify ways to reduce the cost and address the timeline of
the Versatile Advanced Test Reactor, including the potential
for international collaboration and cost-sharing. In support of
the current fleet of reactors to ensure safe and reliable
operations, the Committee includes $55,000,000 for the Light
Water Reactor Sustainability program, of which $11,000,000 is
for a for a hydrogen production demonstration.
Fuel Cycle Research and Development.--Within available
funds, the recommendation provides $95,000,000 for the Advanced
Fuels Program, of which not less than $75,600,000 is for
accident tolerant fuels development. The Committee encourages
the Department to evaluate accident tolerant fuel irradiation
testing capability gaps resulting from the closure of the
Halden reactor. The Committee encourages the Department to
support safety and security advancements in nuclear fuels even
beyond accident tolerant and to support small factory-produced
next-generation reactors designed to use these fuels. Within
available funds, the recommendation provides $60,000,000 for
Material Recovery and Waste Form Development, of which at least
$45,000,000 is for highly enriched uranium recovery to support
needs for high-assay low enriched uranium for advanced reactor
fuel. Within available funds, the recommendation provides
$40,000,000 for Civil Nuclear Enrichment to demonstrate the
ability to produce high-assay low enriched uranium to support
the anticipated fuel requirements for new advanced reactor
designs, as proposed in the budget request.
The recommendation provides $62,500,000 to continue Used
Nuclear Fuel Disposition research and development activities.
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 study the behavior
of spent fuel under transportation conditions and opportunities
to improve safety of spent fuel rods during transportation.
The Blue Ribbon Commission on America's Nuclear Future
observed that ``any comprehensive and forward-looking strategy
for managing the back end of the nuclear fuel cycle in the
United States needs to consider the potential impact not only
of current technology but of further technology advances in the
decades ahead,'' particularly because ``expanded deployment of
reprocess and recycle technologies would clearly affect the
quantity and composition of nuclear material slated for final
disposition.'' The Committee recognizes that large
uncertainties exist about the merits and commercial viability
of different nuclear fuel cycles and technology options, and
accordingly, the Committee directs the National Academies of
Sciences, Engineering, and Medicine to evaluate the merits and
viability of different nuclear fuel cycles and technology
options, including both existing and future technologies. As
recommended by the Blue Ribbon Commission, such evaluation must
``account for linkages among all elements of the fuel cycle
(including waste transportation, storage, and disposal) and for
broader safety, security, and non-proliferation concerns.''
The recommendation provides $47,500,000 for Integrated
Waste Management Storage, of which $25,000,000 is directed for
interim storage activities, including the initiation of a
robust consolidated interim storage program, including site
preparation activities at stranded sites, to evaluate the re-
initiation of regional transport compacts, and transportation
coordination.
IDAHO FACILITIES MANAGEMENT
INL Operations and Infrastructure.--Within available funds,
the recommendation includes $280,000,000 for INL Operations and
Infrastructure to support the reliability and sustainability of
the Materials and Fuels Complex (MFC) and the Advanced Test
Reactor (ATR).
The Department is directed to brief the Committee not later
than 60 days after enactment of this Act on the funding levels
required for operations and maintenance of activities at the
MFC and ATR. The briefing should include an accounting of how
funds have been spent for the previous three fiscal years and
how funds will be spent for the current fiscal year. The
briefing should also include information for the next four
fiscal years on the funding levels required for optimal
operations for each facility and funding levels required for
multi-year infrastructure improvements.
The fiscal year 2018 Act directed the Department to provide
to the Committee not later than 180 days after enactment of the
Act a list of the current and planned users for the ATR for the
next three years, the operating cost attributed to each user,
and the source of funds that will be applied to cover the costs
for each user. The Committee is still awaiting this report and
directs the Department to meet this reporting requirement not
later than 90 days after enactment of this Act.
IDAHO SITEWIDE SAFEGUARDS AND SECURITY
The Committee recommends $137,808,000 for Idaho Sitewide
Safeguards and Security, the same as the budget request.
Fossil Energy Research and Development
Appropriation, 2019................................... $740,000,000
Budget estimate, 2020................................. 562,000,000
Recommended, 2020..................................... 740,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +178,000,000
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 the
nation's position as a leader in energy technologies and ensure
the safe, reliable, efficient, and environmentally sound use of
fossil energy resources.
Consistent with direction provided in fiscal years 2018 and
2019, 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.
Fossil Energy R&D Advisory Committees.--The Department is
directed to exercise its existing authority to formally solicit
input and feedback on program direction, research priorities,
and other matters through the establishment of relevant
advisory committees. The Department shall brief the Committee
not later than 90 days after enactment of this Act on the
status of fossil energy federal advisory committees.
COAL--CCS AND POWER SYSTEMS
Carbon capture, utilization, and storage is a series of
processes 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 supports the integrated carbon and energy
management activities of the Offices of Nuclear Energy and
Energy Efficiency and Renewable Energy and provides $5,000,000
for Hybrid Carbon Conversion activities within Fossil Energy.
The Committee encourages the Department to continue to
support the Clean Energy Research Consortium: Advanced Coal
Technology Consortium program.
The Committee acknowledges the economic and environmental
benefits that could be produced by expanding the scope of
carbon capture and carbon utilization research to a wider range
of sources. The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act an
implementation plan, in coordination with the Office of Science
and Bioenergy Technologies Office, that responds to the
recommendations of the National Academies studies ``Negative
Emissions Technologies and Reliable Sequestration: A Research
Agenda'' and ``Gaseous Carbon Waste Streams Utilization: Status
and Research Needs.'' The implementation plan should include
recommendations for program structures that could best support
and maximize the impact of expanded research, development, and
demonstration efforts in three areas: decarbonization of the
industrial sector, direct air capture, and carbon use.
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 Department is directed to
use funds within Carbon Capture for research and development
across a broad range of technology and fuel applications as it
determines to be merited. Within available funds, not less than
$7,000,000 is for carbon capture research that benefits natural
gas power systems. Within available funds, the Committee
recommends $4,000,000 for research and optimization of carbon
capture technologies for use at industrial facilities, which
may include developments in process equipment and chemistry,
capture of process emissions, and systems integration. The
Committee recommends not less than $10,000,000 for research,
development, and demonstration projects that benefit direct air
capture technologies, which capture carbon dioxide from dilute
sources at a significant scale, in coordination with the
Bioenergy Technologies Office.
Carbon Storage.--Within available funds, the Committee
recommends $30,000,000 for Carbon Use and Reuse 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 includes $6,000,000 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 renewable
materials, giving priority for teams with university
participants.
Advanced Energy Systems.--Within available funds,
$30,000,000 is for Solid Oxide Fuel Cells to focus on hydrogen
production and storage as well as research and development to
enable efficient, cost-effective electricity generation with
minimal use of water and the use of abundant domestic coal and
natural gas resources with near-zero atmospheric emissions of
carbon dioxide and other pollutants. Moreover, central power
generation applications of solid oxide fuel cells can be
integrated with carbon capture and storage efforts to
contribute to a secure energy future. The fiscal year 2019 Act
directed the Department to provide an update on the status of
the Solid Oxide Fuel Cell Program by submitting a report to the
Committee not later than 180 days after enactment of the Act.
The Committee looks forward to receiving the report
expeditiously.
Within available funds, the Committee recommends
$30,000,000 for Advanced Turbines. The Committee urges the
Department to fund research and development activities 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 Department is directed to
support research and development activities that focus on
expanding the Department's external agency activities to
develop and test advanced concept coal to liquid fuels
technologies. Within available funds, the Department is
directed to conduct early-stage research and development to
enable the conversion of coal pitch and coal to carbon fiber
and other value-added carbon products for alternative advanced
uses of coal.
Cross Cutting Research.--Within available funds, the
recommendation includes $40,000,000 for materials R&D,
including $21,000,000 for the Advanced Ultrasupercritical
Program to fabricate, qualify, and develop domestic suppliers
capable of producing components from high temperature
materials; water management R&D; and sensors and controls.
Within available funds, the recommendation includes $23,000,000
for the Department to continue its ongoing external agency
activities to develop and test advanced separation technologies
and accelerate the advancement of commercially viable
technologies for the recovery of rare earth elements and
minerals from U.S. coal and coal byproduct sources. The
Committee expects research to support pilot-scale and
experimental activities for near-term application.
NETL Coal Research and Development.--The recommendation
includes the budget request's proposal to move the Critical
Materials Initiative to Cross Cutting Research.
Supercritical Transformational Electric Power (STEP)
Generation.--Within available funds, the recommendation
provides not more than $9,800,000, 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 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 $15,000,000 for Environmentally Prudent Development,
including $7,000,000 for the Risk Based Data Management System.
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 Department is
directed to provide to the Committee not later than 60 days
after enactment of this Act a report on its efforts in this
area. 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.
Further deployments of methane detection sensors closer to the
consumer would add to overall safety.
Within available funds, the Department is encouraged to
coordinate with other federal agencies and states to maximize
the benefits of U.S. unconventional natural gas liquids
production.
Within available funds, the Committee encourages the
Department to perform methane hydrate research as recommended
in the 2016 Secretary of Energy Advisory Board Report of the
Task Force on Methane Hydrates.
Within available funds, the Committee encourages the
Department to advance research and technology development
opportunities between universities, industry, and the national
laboratories to develop novel engineered systems that convert
light hydrocarbons derived from shale gas and oil to more
valuable compounds for use as fuels, chemical intermediaries,
and other products.
UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES
The Committee recognizes the Department's continued
investment into research and development on unconventional
fossil energy technologies, including research that develops
improved enhanced recovery technologies.
The Committee recognizes the need to foster the
sustainability of the petroleum engineering workforce. The
Department is directed to provide to the Committee not later
than 60 days after enactment of this Act a report that outlines
the Department's efforts to maintain a stable petroleum
engineering workforce and knowledge base and future activities
the Department can undertake to strengthen it.
The Committee is pleased with the Department's progress to
date on studying the volatility of crude oil from varying
locations, including the Bakken Shale in North Dakota, and
accurately assessing and characterizing volatility before
transporting. The Committee directs the Department to continue
this research in partnership with the Department of
Transportation to improve the safety of crude oil transported
by rail in this country. The Committee directs the Department
to provide briefings after the completion of each research task
to the Committee on the findings from the research and
necessity for any additional research tasks.
NETL INFRASTRUCTURE
Within available funds, the recommendation provides
$6,000,000 for NETL's Supercomputer, Joule.
Naval Petroleum and Oil Shale Reserves
Appropriation, 2019................................... $10,000,000
Budget estimate, 2020................................. 14,000,000
Recommended, 2020..................................... 14,000,000
Comparison:
Appropriation, 2019................................. +4,000,000
Budget estimate, 2020............................... - - -
The Naval Petroleum and Oil Shale Reserves no longer serve
the national defense purpose envisioned in the early 1900s, 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, 2019................................... $235,000,000
Budget estimate, 2020................................. 174,000,000
Recommended, 2020..................................... 214,000,000
Comparison:
Appropriation, 2019................................. -21,000,000
Budget estimate, 2020............................... +40,000,000
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 to maintain 1,000,000 barrels of gasoline
blendstock in the Northeast Gasoline Supply Reserve. The
recommendation includes legislative language to direct the
Secretary to draw down and sell crude oil from the Strategic
Petroleum Reserve, with proceeds to be deposited into the
Energy Security and Infrastructure Modernization Fund for use
in carrying out the Life Extension II project. This drawdown
and use of proceeds is in accordance with section 404 of the
Bipartisan Budget Act of 2015.
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 submission and
approved by Congress in an appropriations Act.
SPR Petroleum Account
Appropriation, 2019................................... $10,000,000
Budget estimate, 2020................................. -69,000,000
Recommended, 2020..................................... 10,200,000
Comparison:
Appropriation, 2019................................. +200,000
Budget estimate, 2020............................... +79,200,000
The SPR Petroleum Account funds Strategic Petroleum Reserve
acquisition, transportation, and drawdown activities. The
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. Instead, the
recommendation provides discretionary appropriations for this
purpose.
Northeast Home Heating Oil Reserve
Appropriation, 2019................................... $10,000,000
Budget estimate, 2020................................. -90,000,000
Recommended, 2020..................................... 10,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +100,000,000
The acquisition and storage of heating oil for the
Northeast began in August 2000 when the Department, 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 rejects the proposed elimination of this
reserve and instead provides $10,000,000 to maintain the
reserve.
Energy Information Administration
Appropriation, 2019................................... $125,000,000
Budget estimate, 2020................................. 118,000,000
Recommended, 2020..................................... 128,000,000
Comparison:
Appropriation, 2019................................. +3,000,000
Budget estimate, 2020............................... +10,000,000
The Energy Information Administration is a quasi-
independent agency within the Department 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.
Non-Defense Environmental Cleanup
Appropriation, 2019................................... $310,000,000
Budget estimate, 2020................................. 247,480,000
Recommended, 2020..................................... 308,000,000
Comparison:
Appropriation, 2019................................. -2,000,000
Budget estimate, 2020............................... +60,520,000
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 encourages the Department to
continue to move forward expeditiously on remediation of
contaminated soil in Area IV and the Northern Buffer Zone of
the Santa Susana Field Laboratory. The Department is directed
to comply with the 2007 Consent Order and the 2010
Administrative Order on Consent unless alternate arrangements
are agreed to by both parties.
The Department is directed to provide to the Committee not
later than 180 days after enactment of this Act a report that
identifies government-operated uranium processing mill sites
and whether remediation has been completed. Further, the report
shall analyze publicly available information to identify long-
term health impacts, particularly cancer, due to the operation
of the mills.
Uranium Enrichment Decontamination and Decommissioning Fund
Appropriation, 2019................................... $841,129,000
Budget estimate, 2020................................. 715,112,000
Recommended, 2020..................................... 873,479,000
Comparison:
Appropriation, 2019................................. +32,350,000
Budget estimate, 2020............................... +158,367,000
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 recommendation includes $60,000,000 above
the budget request which is equivalent to the amount of
proceeds that the Department planned to generate through
bartering arrangements in order to fund additional cleanup in
fiscal year 2020. After the date of enactment of this Act, the
Department shall not barter, transfer, or sell uranium for the
remainder of fiscal year 2020 in order to generate additional
funding for Portsmouth cleanup that is in excess of the amount
of funding provided in this Act. The Committee encourages the
continued efforts to develop a remotely operated method of
assay for measuring uranium enrichment residues.
Science
Appropriation, 2019................................... $6,585,000,000
Budget estimate, 2020................................. 5,545,972,000
Recommended, 2020..................................... 6,870,000,000
Comparison:
Appropriation, 2019................................. +285,000,000
Budget estimate, 2020............................... +1,324,028,000
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 2020, 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.
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, imaging, 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 application in many areas of
biomedical research. The Department is directed to provide to
the Committee not later than 90 days after enactment of this
Act 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 plan shall include a
reporting of successful collaborations between the Department
and NIH to date and plans to expand on these efforts.
The Committee directs the Department to evaluate methods to
educate new and existing minority and women-owned small
businesses about SBIR and STTR grants. The fiscal year 2019 Act
directed the Department to provide current and planned outreach
efforts in this area by submitting a report to the Committee
not later than 180 days after enactment of the Act. The
Committee looks forward to receiving the report expeditiously.
The Committee encourages the Department to consider the
creation of regional technical support centers as needed to
assist newly-forming and existing minority and women-owned
small businesses to secure a more proportional share of SBIR
and STTR grants.
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 includes funding for quantum
information science research and establishment of National
Quantum Information Science Research Centers.
The Committee appreciates the Department's focus on the
development of foundational Artificial Intelligence and Machine
Learning capabilities, and the Committee directs the Department
to apply those capabilities to the Department's mission.
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.
Exascale Computing Project.--The recommendation includes
$188,735,000 for exascale activities.
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 $150,000,000 for the
Argonne Leadership Computing Facility, $225,000,000 for the Oak
Ridge Leadership Computing Facility, and $100,000,000 for the
National Energy Research Scientific Computing Center at
Lawrence Berkeley National Laboratory. Within available funds,
the recommendation includes $10,000,000 for the Computational
Science Graduate Fellowship program and $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
includes not less than $155,000,000 for Mathematical,
Computational, and Computer Sciences Research.
Within available funds, the recommendation includes up to
$15,000,000 for research in memory advancements for accelerated
architectures used to enhance Artificial Intelligence and
Machine Learning.
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, not less than $15,000,000 for the Fuels from
Sunlight Innovation Hub, $139,000,000 for facilities operations
of the nanoscience research centers, $520,000,000 for
facilities operations of the nation's light sources,
$285,000,000 for facilities operations of the high flux neutron
sources, $25,000,000 for the Experimental Program to Stimulate
Competitive Research, and $120,000,000 for the Energy Frontier
Research Centers.
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 includes $5,000,000 for NSRC
Recapitalization and $5,000,000 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 $381,000,000 for Biological
Systems Science. The recommendation provides $100,000,000 for
the Bioenergy Research Centers.
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 and operation of
the microbiome database.
The Committee directs the Department to give priority to
optimizing the operation of BER user facilities.
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 of limitations in the ability
to understand and predict earth systems behavior posed by
uncertainties in interactions between clouds, aerosols, and
climate, an area of research highlighted as a priority by the
National Climate Assessment with implications for weather
prediction, infrastructure planning, and national security.
Reducing uncertainty in understanding cloud-aerosol effects
requires investment in modeling and computing. The
recommendation provides $15,000,000 for cloud-aerosol research
and computing.
The Committee supports the Department's efforts to advance
the understanding of coastal ecosystems, as initiated with the
terrestrial-aquatic interfaces pilot in fiscal year 2019. The
recommendations provides $20,000,000 to build upon the current
modeling-focused effort and to develop observational assets and
associated research to study the nation's major land-water
interfaces, including the Great Lakes, by leveraging national
laboratories' assets as well as local infrastructure and
expertise at universities and other research institutions.
The recommendation includes not more than $10,000,000 to
restart the Department's Low-Dose Radiation Program.
Within available funds, the Department is directed to
continue to support NGEE-Arctic, NGEE-Tropics, the SPRUCE field
site, the Watershed Function Science Focus Area, and the
AmeriFLUX project.
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
$4,000,000 for the Department to create a Fusion Public-Private
Partnership Program to advance new U.S.-based fusion
capabilities. The Department is directed to brief the Committee
not later than 90 days after enactment of this Act on this
program's technical objectives, eligibility requirements, and
funding profile in future fiscal years. The Department is
reminded that all activities within this program must be basic
research and development.
The recommendation includes $21,000,000 for the Materials
Plasma Exposure eXperiment.
Construction.--The Committee recommends $230,000,000 for
the U.S. contribution to the ITER project. 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.
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 $25,000,000 for the Sanford Underground Research
Facility, not less than $50,000,000 for Accelerator R&D, and
$97,975,000 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.
Operations and Maintenance.--Within available funds, the
recommendation provides $10,000,000 for Electron Ion Collider
R&D.
The Department is directed to give priority to optimizing
operations within Medium Energy Nuclear Physics and at the
Facility for Rare Isotope Beams.
Within available funds, the recommendation provides
$10,200,000 for the Gamma-Ray Energy Tracking Array, $9,520,000
for the Super Pioneering High Energy Nuclear Interaction
Experiment, and not less than $2,500,000 for MOLLER.
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 $25,000,000 for Workforce
Development for Teachers and Scientists. Within available
funds, the Committee recommends not less than $12,000,000 for
the Science Undergraduate Laboratory Internship and not less
than $1,500,000 for the Community College Institute of Science
and Technology. Within available funds, the Committee
recommends not less than $600,000 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.
The Committee recognizes and supports the Department's
efforts, particularly through the national laboratories'
scientists and engineers, to engage in a broad range of
activities with K-12 STEM educators and students to help
inspire and train the next generation of STEM students and
professionals.
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 recommendation includes funding to complete the land
and facilities acquisition for the Pacific Northwest National
Laboratory, and the Committee encourages the Department to
complete these purchases in fiscal year 2020.
Advanced Research Projects Agency--Energy
Appropriation, 2019................................... $366,000,000
Budget estimate, 2020................................. -287,000,000
Recommended, 2020..................................... 425,000,000
Comparison:
Appropriation, 2019................................. +59,000,000
Budget estimate, 2020............................... +712,000,000
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 are
already having commercial impact. Technologies resulting from
ARPA-E have received billions of dollars in private-sector
funding to continue to advance those technologies toward the
marketplace. Projects funded by ARPA-E include such wide-
ranging areas 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 improvements in petroleum refining processes.
The Committee strongly rejects the short-sighted proposal
to terminate ARPA-E. Instead, the Committee increases
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 on eligible projects within a
reasonable time period.
Title 17 Innovative Technology Loan Guarantee Program
ADMINISTRATIVE EXPENSES
GROSS APPROPRIATION
Appropriation, 2019................................... $33,000,000
Budget estimate, 2020................................. 3,000,000
Recommended, 2020..................................... 33,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +30,000,000
OFFSETTING COLLECTIONS
Appropriation, 2019................................... -$15,000,000
Budget estimate, 2020................................. -3,000,000
Recommended, 2020..................................... -3,000,000
Comparison:
Appropriation, 2019................................. +12,000,000
Budget estimate, 2020............................... - - -
RESCISSIONS AND CANCELLATIONS
Appropriation, 2019................................... $ - - -
Budget estimate, 2020................................. -384,659,000
Recommended, 2020..................................... - - -
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +384,659,000
NET APPROPRIATION
Appropriation, 2019................................... $18,000,000
Budget estimate, 2020................................. -384,659,000
Recommended, 2020..................................... 30,000,000
Comparison:
Appropriation, 2019................................. +12,000,000
Budget estimate, 2020............................... +414,659,000
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 P.L. 112-10 and P.L. 111-5.
The Committee recommends $33,000,000 in administrative
expenses for the Loan Guarantee Program, an increase of
$30,000,000 above the budget request. The recommendation is
offset by $3,000,000 in collections from loan guarantee
applicants, for a net appropriation of $30,000,000. 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, 2019................................... $5,000,000
Budget estimate, 2020................................. - - -
Recommended, 2020..................................... 5,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +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 $4,300,000,000 in emergency funds
appropriated by P.L. 110-329. Further, the Committee directs
the Department to expeditiously evaluate and adjudicate all
loan applications received.
Tribal Energy Loan Guarantee Program
Appropriation, 2019................................... $1,000,000
Budget estimate, 2020................................. -8,500,000
Recommended, 2020..................................... 1,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +9,500,000
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 $1,000,000. The Committee
also rejects the budget proposal to rescind $8,500,000
appropriated by P.L. 115-31.
Office of Indian Energy Policy and Programs
Appropriation, 2019................................... $18,000,000
Budget estimate, 2020................................. 8,000,000
Recommended, 2020..................................... 25,000,000
Comparison:
Appropriation, 2019................................. +7,000,000
Budget estimate, 2020............................... +17,000,000
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.
Departmental Administration
GROSS APPROPRIATION
Appropriation, 2019................................... $261,858,000
Budget estimate, 2020................................. 210,923,000
Recommended, 2020..................................... 264,378,000
Comparison:
Appropriation, 2019................................. +2,520,000
Budget estimate, 2020............................... +53,455,000
REVENUES
Appropriation, 2019................................... -$96,000,000
Budget estimate, 2020................................. -93,378,000
Recommended, 2020..................................... -93,378,000
Comparison:
Appropriation, 2019................................. +2,622,000
Budget estimate, 2020............................... - - -
NET APPROPRIATION
Appropriation, 2019................................... $165,858,000
Budget estimate, 2020................................. 117,545,000
Recommended, 2020..................................... 171,000,000
Comparison:
Appropriation, 2019................................. +5,142,000
Budget estimate, 2020............................... +53,455,000
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 seven 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 Office of International Affairs and instead has
included it 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.
Economic Impact and Diversity.--The recommendation includes
$10,169,000 for Economic Impact and Diversity, the same as
fiscal year 2019 and $675,000 above the budget request.
Chief Information Officer.--The recommendation includes
$131,874,000. Within available funds, $250,000 is provided for
implementation of the 21st Century Integrated Digital
Experience Act. The Committee notes that CyberOne activities
have been consolidated within the Office of the Chief
Information Officer but notes the budget proposes to reduce
funding for cybersecurity activities by $18,646,000, or 26
percent. At a time when cyber threats to the Department's
facilities, sites, and national laboratories are increasing,
this proposed decrease is very concerning. Within this amount,
not less than $71,500,000 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 rejects the
budget proposal to move the international functions of the
Office of Fossil Energy and the Office of Nuclear Energy into
the Office of International Affairs and provides no funds for
this purpose. The recommendation includes $28,000,000 for
international affairs activities, a significant increase over
fiscal year 2019, and the Department shall brief the Committee
within 90 days of enactment of this Act on the Department's
plan to spend these funds. The Committee is supportive of the
Department's 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, and the Committee encourages additional work
in areas of importance to both countries.
Other Departmental Administration.--The recommendation
provides $500,000 above the budget request for the Chief Human
Capital Officer.
The recommendation provides $5,000,000 above the budget
request for the Office of Technology Transitions for a
competitive funding opportunity for incubators supporting
energy innovation clusters. These incubators should have the
support of state, regional, and local entities. The Department
is directed to provide within 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 Committee directs the Department to provide to the
Committee not later than 180 days after enactment of this Act a
report on the value of creating a nonprofit foundation that
will better promote the transfer of technology to the market
place. The report should include a review and characterization
of other federal agency's foundations with detail on how
agency's foundations engage with the private sector to raise
funds that support the research, development, demonstration,
and commercial application of innovative technologies.
Energy and Employment Report.--The recommendation provides
an additional $2,000,000 for the Office of Policy to complete a
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.
Real Property.--The Department is reminded of its authority
to transfer excess personal property and equipment to DOE-
designated Community Reuse Organizations in order to promote
economic diversification and job creation in communities where
the Department's sites are located and is encouraged to ensure
that relevant agency employees throughout the Department are
aware of current policies to implement this authority.
Office of the Inspector General
Appropriation, 2019................................... $51,330,000
Budget estimate, 2020................................. 54,215,000
Recommended, 2020..................................... 54,215,000
Comparison:
Appropriation, 2019................................. +2,885,000
Budget estimate, 2020............................... - - -
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.
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, these include Defense
Environmental Cleanup 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 $15,894,281,000 for the NNSA,
$665,663,000 above fiscal year 2019.
Weapons Activities
Appropriation, 2019................................... $11,100,000,000
Budget estimate, 2020................................. 12,408,603,000
Recommended, 2020..................................... 11,760,800,000
Comparison:
Appropriation, 2019................................. +660,800,000
Budget estimate, 2020............................... -647,803,000
Weapons Activities ensures the safety, security,
reliability, and effectiveness of the nation's nuclear weapons
stockpile without nuclear testing by providing funding to four
main elements: Directed Stockpile Work; Research, Development,
Test, and Evaluation; Infrastructure and Operations; and
Security.
Production Strategy, Planning, and Execution.--The
Committee supports the NNSA's efforts to create a specific
office responsible for coordinating production activities
across the nuclear security enterprise, including field offices
and between the design and production elements. It is the
Committee's understanding that this effort will assist the NNSA
in meeting production milestones in a safe, cost-effective, and
timely manner.
DIRECTED STOCKPILE WORK
Directed Stockpile Work includes all activities that
directly support weapons in the nuclear stockpile, including
maintenance, refurbishment, research, development, engineering,
certification, dismantlement, and disposal activities. The
Committee recommends $5,019,438,000 for Directed Stockpile
Work, $361,172,000 above fiscal year 2019. The recommendation
does not include funding for activities associated with a sea-
launched cruise missile study or extending the B83 beyond its
originally planned retirement.
Peer Review and Competition.--The design, development,
qualification, and fabrication of non-nuclear components and
subsystems used in the stockpile amounts to more than half the
cost of each life extension program. Given that non-nuclear
components are deployed across multiple life extension
programs, the Committee directs the NNSA to undertake external
peer review of non-nuclear component reliability, re-use,
producibility, and cost for weapon refurbishments. The NNSA is
further directed to brief the Committee not later than 90 days
after enactment of this Act on the agency's plan to meet this
requirement.
Life Extension Programs.--The recommendation provides
funding for the NNSA's life extension programs including
ongoing refurbishments of the B61, W88, and W80 systems. The
Committee expects the NNSA to keep the Committee apprised of
the status of the B61-12 and W88 Alteration as those systems
enter a critical phase of the refurbishment process.
W87-1 Modification Program.--The NNSA is proposing to
replace the W78 warhead with a refurbished W87-1, however, the
NNSA has not provided the Committee with the results of the
review by the Office of Cost Estimating and Program Evaluation
(CEPE) and other reporting requirements as directed by the
fiscal year 2019 Act. The NNSA is directed to provide in full
these reporting requirements not later than 30 days after
enactment of this Act. Further, the Committee is concerned with
the initial projected cost and feasibility of the program which
will largely be influenced by options concerning surety,
technology maturation, and the design, qualification, and
production of new components. To ensure the NNSA is considering
cost, feasibility, and risk management associated with such
options appropriately, prior to entering Phase 6.2A, the
Committee directs the NNSA to enter into an agreement with the
JASON Defense Advisory Panel or an FFRDC with expertise in
assessing cost and technologies for national security programs
to conduct an assessment. The assessment shall review the cost
of components and technologies being considered and describe
pathways to improve management of component and technology
design, qualification, and production risks. The assessment
shall also describe opportunities for component and technology
re-use and the impact on cost and feasibility for application
within a ballistic system. Further, the assessment shall be
submitted to the Committee not later than 120 days after
enactment of this Act in an unclassified form, but may include
a classified annex.
Plutonium.--The Committee notes the NNSA has not provided
the current cost, scope, and schedule to meet plutonium mission
needs as directed in the fiscal year 2019 Act and directs the
NNSA to promptly provide this information to the Committee not
later than 30 days after enactment of this Act. The
recommendation moves funding and scope for the PF-4 Equipment
Installation and Phase 2 and Recategorization of RLUOB to
Hazard Category subprojects to the Chemistry and Metallurgy
Research Replacement (CMRR) Project. The Committee expects the
NNSA to adhere to program and project management best practices
and directs the NNSA to provide the Committee with quarterly
program and project execution updates. The Committee further
directs the NNSA to provide to the Committee not later than 90
days after enactment of this Act an updated project data sheet
and to include an updated version in the fiscal year 2021
budget request. The Committee expects the NNSA to conduct
planned capital improvements and equipment installations using
NNSA program management policies and program execution
instructions or comparable requirements. The NNSA shall include
a separate line item for pit production activities at the
Savannah River Site in the fiscal year 2021 budget request and
shall transition the proposed project to the DOE Order 413.3B
framework in an expeditious manner. The Committee directs the
Comptroller General to monitor NNSA's progress on these efforts
at a schedule to be determined in consultation with the
Committee.
Comprehensive Beryllium Strategy.--Beryllium has been
labeled a critical mineral by the United States Geological
Survey and is of importance to the nuclear deterrent. The
Committee understands that NNSA is currently assessing
infrastructure strategies to sustain precision beryllium
machining capabilities and the availability of a domestic oxide
production source. Not less than $2,000,000 shall be available
for this activity and not later than 120 days after enactment
of this act, the NNSA shall provide a briefing to the Committee
on the status of this effort.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The NNSA's Research, Development, Test, and Evaluation
(RDT&E) activities focus on the development and maintenance of
critical capabilities, tools, and processes that support
science-based stockpile stewardship and continued certification
of the stockpile in the absence of underground nuclear testing.
The Committee recommends $2,283,324,000 for RDT&E, $269,106,000
above fiscal year 2019.
Academic Alliances and Partnerships.--Within Academic
Alliances and Partnerships, not less than $25,000,000 shall be
for the Minority Serving Institution Partnership Program, of
which not less than $2,500,000 shall be for Tribal Colleges and
Universities. The Committee supports continued partnerships and
collaboration between universities and the NNSA's national
laboratories and sites. Further, the Committee encourages the
NNSA to assess opportunities to develop a cooperative education
pilot initiative focused on workforce readiness in disciplines
such as materials science, manufacturing, and engineering. The
NNSA shall brief the Committee not later than 120 days after
enactment of this Act on potential opportunities for such a
pilot initiative.
Enhanced Capabilities for Subcritical Experiments.--The
recommendation includes full funding at the budget request
level. The Committee supports this activity as a critical
element of the science-based stockpile stewardship program.
Inertial Confinement Fusion (ICF) and High Yield.--The
recommendation provides $565,000,000, $20,000,000 above the
fiscal year 2019 level. 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. The recommendation
includes additional funding to offset the cost of target
fabrication.
The Committee notes that the NNSA has undertaken an
internal review regarding the status of ignition within the ICF
program, however, the Committee believes it is necessary for an
independent, comprehensive review to assess the prospects of
achieving ignition for stockpile stewardship. The Committee
directs the NNSA to charge the JASON Defense Advisory Panel to
conduct an independent review of the ICF program's pursuit of
ignition for stockpile stewardship. The review shall assess the
value and effectiveness of ignition science activities needed
to maintain a safe, secure, and effective nuclear stockpile and
as a pipeline to recruit highly skilled expertise. If it is
determined that ignition science activities are necessary to
maintain the nuclear stockpile, the review shall recommend and
prioritize research areas that would improve the ICF program's
pursuit of ignition. The assessment shall be completed and
provided to the Committee not later than September 2020 and
shall include an unclassified summary.
Advanced Simulation and Computing.--The recommendation
includes full funding at the request level. Within amounts
provided, $20,000,000 shall be for advanced memory technology
research. The Committee recognizes the crucial role of high-
performance computing (HPC) and the need to deliver Exascale
class capabilities to maintain confidence in the stockpile. The
Committee notes that the NNSA has not provided an analysis of
alternatives regarding HPC procurement decisions and the NNSA
is directed to provide the Committee with the requested
information promptly.
INFRASTRUCTURE AND OPERATIONS
Infrastructure and Operations provides funding for the base
operations, maintenance, and recapitalization of NNSA
facilities and infrastructure. The Committee recommends
$2,990,314,000 for Infrastructure and Operations.
The Committee appreciates the efforts of the Office of
Safety, Infrastructure, and Operations to improve risk
management, coordination, and transparency with line and
functional management and encourages the NNSA to continue these
efforts while keeping the Committee informed.
With available funds, and in coordination with the Office
of Environment, Health, Safety and Security, the Committee
directs the NNSA to continue its work to address key earthquake
safety issues for critical facilities, including the completion
of its testing facility and performance of first experiments to
validate the Department's research into developing an advanced
simulation tool that can more realistically predict the
nonlinear response of critical nuclear facilities during
earthquakes. With many mission critical facilities in
seismically active regions, this research is in our nation's
vital interest.
Management and Operations Coordination.--Since the NNSA
conducts many high-hazard operations, balancing and
coordinating the increasing operational tempo with safety,
security, and effective project and program management is of
paramount importance. It is the Committee's understanding that
NNSA's Supplemental Directive 226.1B clearly states that these
activities should be carefully coordinated with line management
and the NNSA's contractors to appropriately consider risk
management. While unavoidable in certain high-risk situations,
lax coordination may adversely affect the cost, scope, and
schedule of mission execution. To address this concern and
ensure program-informed coordination is occurring to meet cost
and schedule milestones, the Committee encourages the NNSA to
specify the coordination required between field offices and
line and functional management on the application of risk that
may affect the execution of programs and projects and directs
the NNSA to provide quarterly briefings to the Committee
starting not later than 120 days after enactment of this Act.
The Committee directs the Comptroller General to monitor and
assess NNSA's progress on these efforts at a schedule to be
determined in consultation with the Committee.
LEGACY CONTRACTOR PENSIONS
The Committee provides $91,200,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Defense Nuclear Nonproliferation
Appropriation, 2019................................... $1,930,000,000
Budget estimate, 2020................................. 1,993,302,000
Recommended, 2020..................................... 2,079,930,000
Comparison:
Appropriation, 2019................................. +149,930,000
Budget estimate, 2020............................... +86,628,000
The Defense Nuclear Nonproliferation account provides
funding to programs that prevent, counter, and respond to
global nuclear threats. 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.
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, and
Nonproliferation Construction.
Global Material Security.--The Committee recommends
$410,000,000 for Global Material Security, $67,650,000 above
the request, including $15,000,000 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. The additional funding for the Initiative is
intended to address existing gaps in radiation detection
equipment. It is also important for the Nuclear Smuggling
Detection and Deterrence program to deploy modern and
appropriate equipment to detect nuclear threats, and the
Committee encourages the program to examine how partner nations
are sustaining equipment so that lessons learned can be applied
to ongoing and future missions. Within available funds for
Domestic Radiological Security, the recommendation provides
$20,000,000 for the Cesium Irradiator Replacement Project.
Material Management and Minimization.--The recommendation
for Material Management and Minimization includes funding for
Nuclear Material Removal, Material Disposition, and Laboratory
and Partnership Support.
Laboratory and Partnership Support.--The Committee is
encouraged by recent progress demonstrated by industry in the
United States to produce Mo-99 without the use of highly
enriched uranium. The recommendation provides $35,000,000 for a
new competitively awarded funding opportunity to expedite the
establishment of a stable domestic source of Mo-99.
Nonproliferation and Arms Control.--The recommendation
includes funding above the request to strengthen export
controls and prevent the illicit transfer of nuclear
technologies and equipment.
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. Within
available funds, $15,000,000 is provided for the University
Consortia for Nuclear Nonproliferation Research. The
recommendation also includes $15,000,000 within
Nonproliferation Fuels Development for the national
laboratories to develop high-density, low-enriched fuels that
could replace highly enriched uranium for naval applications.
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.
The Committee recommends $340,380,000, which is $21,195,000
above fiscal year 2019.
LEGACY CONTRACTOR PENSIONS
The Committee provides $13,700,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2019................................... $1,788,618,000
Budget estimate, 2020................................. 1,648,396,000
Recommended, 2020..................................... 1,628,551,000
Comparison:
Appropriation, 2019................................. -160,067,000
Budget estimate, 2020............................... -19,845,000
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 to move forward on the Spent Fuel Handling
Recapitalization Project.
Naval Reactors Development.--Within amounts for Naval
Reactors Development, $88,500,000 is provided for Advanced Test
Reactor Operations.
Federal Salaries and Expenses
Appropriation, 2019................................... $410,000,000
Budget estimate, 2020................................. 434,699,000
Recommended, 2020..................................... 425,000,000
Comparison:
Appropriation, 2019................................. +15,000,000
Budget estimate, 2020............................... -9,699,000
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.
The Committee recognizes the need for appropriate federal
oversight, accountability, and management as the NNSA's
workload and budget continues to increase. The recommendation
includes funding above the fiscal year 2019 level to prioritize
hiring for efforts with the greatest need and specifically to
improve mission execution, eliminate stovepipes, and better
align projects and programs across the complex. The Committee
notes that CEPE recently completed a staffing analysis in which
CEPE determined that NNSA required additional FTEs and re-
balancing to meet current and future missions. CEPE shall
conduct an expedited, independent follow-on review of how the
NNSA is implementing CEPE's recent staffing analysis and
provide its findings as a briefing to the Committee not later
than 30 days after enactment of this Act. CEPE's expedited
review shall also provide options for the NNSA to implement a
matrix-management pilot program that more fully considers
project management, acquisition, agency support, and field
office expertise as CEPE recommended in its recent analysis.
The Committee places a high priority on the essential role of
these mission support functions to be provided in an integrated
manner to meet cost and schedule commitments and safety
requirements. Not later than 60 days after enactment of this
Act, the NNSA shall provide a briefing to the Committee
demonstrating how the agency will make use of a matrix-
management pilot program and how the agency intends to be
responsive to CEPE's follow-on review.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
Appropriation, 2019................................... $6,024,000,000
Budget estimate, 2020................................. 5,506,501,000
Recommended, 2020..................................... 5,993,650,000
Comparison:
Appropriation, 2019................................. -30,350,000
Budget estimate, 2020............................... +487,149,000
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 Committee's 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 to support
stable funding for cleanup activities at the Hanford Site. The
Committee notes that the B Reactor requires roof repairs and
hazard reductions to allow for safe public access to the
facility and encourages the Department to undertake these
efforts.
Within the Office of River Protection, the Committee notes
that the budget request included a specific line item for the
test bed initiative, also called low-level waste offsite
disposal, following direction provided in the fiscal year 2019
Act. The recommendation provides not more than $10,000,000 for
this effort. The Department shall provide notification to the
Committee if any additional funds are proposed for this
project, including the amount and source of funds. 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.
Savannah River Site.--Within available funds for
Radioactive Liquid Tank Waste Stabilization and Disposition,
the recommendation provides $25,000,000 for hot operations of
the Salt Waste Processing Facility. Within available funds for
Risk Management Operations, the recommendation provides
$5,000,000 to begin remediation of the D-Area and $20,000,000
for H-Canyon operations. The recommendation includes $4,525,000
for the 19-D-710 Savannah River Security System Replacement
project, and the Safeguards and Security account is reduced
correspondingly.
The Committee notes that the Department has requested the
Advanced Manufacturing Collaborative facility as a line-item
construction project, and the recommendation provides the
amount that can be obligated in fiscal year 2020. The Committee
is supportive of this effort.
The Department is directed to use $15,562,000 in prior-year
balances from the Salt Waste Processing Facility construction
line item to offset fiscal year 2020 needs.
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 up to $5,000,000
is provided to consider exploring options to develop and deploy
wearable robotic devices to enhance worker safety.
The Committee encourages the Department to continue
independent review, analysis, and applied research to support
cost-effective, risk-informed cleanup decision-making.
Other Defense Activities
Appropriation, 2019................................... $860,292,000
Budget estimate, 2020................................. 1,035,339,000
Recommended, 2020..................................... 901,261,000
Comparison:
Appropriation, 2019................................. +40,969,000
Budget estimate, 2020............................... -134,078,000
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 rejects the budget proposal to move the
Formerly Utilized Sites Remedial Action Program (FUSRAP) from
the U.S. Army Corps of Engineers to the Department. The
Committee is pleased with the current cooperation between the
Department and the U.S. Army Corps of Engineers 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.
Within the Office of Nuclear Safety, and in coordination
with the NNSA, the Committee directs the Department to continue
its work to address key earthquake safety issues for critical
facilities, including the completion of its testing facility
and performance of first experiments to validate the
Department's research into developing an advanced simulation
tool that can more realistically predict the nonlinear response
of critical nuclear facilities during earthquakes. With many
mission critical facilities in seismically active regions, this
research is in our nation's vital interest.
The Committee remains concerned with the Department's Order
140.1, Interface with the Defense Nuclear Facilities Safety
Board (DNFSB), and the potential impacts on the ability of the
DNFSB to carry out its Congressionally-mandated
responsibilities. The Department continues to assert that the
Order will not change its relationship with the DNFSB; a plain
reading of the Order contradicts this. Therefore, the Committee
directs the Comptroller General to evaluate the impact to
public and worker safety of the Order and to evaluate whether
the Order prevents DNFSB access to information required to
carry out its Congressionally-mandated responsibilities.
Further, the Department is directed to enter into a Memorandum
of Understanding with the DNFSB to govern interactions
regarding pre-decisional information.
The agreement includes $10,000,000 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 in the Department of Energy Organization Act of 1977
(P.L. 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 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 (P.L. 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 power marketing
administrations (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. To address
the increased score in the short-term, the recommendation
reduces the maximum level for purchase power and wheeling below
the budget request. Within 90 days of enactment of this Act,
the Department is directed to provide a report to the Committee
with options for a new account structure for purchase power and
wheeling that will provide clarity in how funds are received
and expended within this account. The Committee will continue
to work with the PMAs, their customers, and CBO to resolve
scoring issues appropriately.
The Committee 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. The bill includes language
allowing BPA to sell excess power to states with clean energy
programs.
Operation and Maintenance, Southeastern Power Administration
Appropriation, 2019................................... $- - -
Budget estimate, 2020................................. - - -
Recommended, 2020..................................... - - -
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... - - -
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, 2019................................... $10,400,000
Budget estimate, 2020................................. 10,400,000
Recommended, 2020..................................... 10,400,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... - - -
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
(INCLUDING RESCISSION OF FUNDS)
Appropriation, 2019................................... $89,372,000
Budget estimate, 2020................................. 89,196,000
Recommended, 2020..................................... 89,196,000
Comparison:
Appropriation, 2019................................. -176,000
Budget estimate, 2020............................... - - -
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. The Committee includes a
rescission of $176,000 as proposed in the budget request.
Falcon and Amistad Operating and Maintenance Fund
Appropriation, 2019................................... $228,000
Budget estimate, 2020................................. 228,000
Recommended, 2020..................................... 228,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... - - -
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, 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, 2019................................... $369,900,000
Budget estimate, 2020................................. 382,000,000
Recommended, 2020..................................... 382,000,000
Comparison:
Appropriation, 2019................................. +12,100,000
Budget estimate, 2020............................... - - -
REVENUES
Appropriation, 2019................................... -369,900,000
Budget estimate, 2020................................. -382,000,000
Recommended, 2020..................................... -382,000,000
Comparison:
Appropriation, 2019................................. -12,100,000
Budget estimate, 2020............................... - - -
The Committee recommendation for the Federal Energy
Regulatory Commission (FERC) is $382,000,000, 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 provide to the Committee not later than
180 days after enactment of this Act a study and report
outlining the barriers and opportunities for high voltage
transmission, including over the nation's transportation
corridors. The report shall examine the reliability and
resilience benefits, permitting barriers, and any barriers in
state or federal policy or markets.
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 continues a provision restricting certain
activities in the Russian Federation.
The bill includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve.
The bill includes a provision directing the Western Area
Power Administration to transfer funds to the Department of
Interior, Bureau of Reclamation's Upper Colorado River Basin
Fund.
The bill includes a provision regarding a revolving fund
regarding mercury storage.
The bill includes a provision regarding pay for power
system dispatcher candidates.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
Appropriation, 2019................................... $165,000,000
Budget estimate, 2020................................. 165,000,000
Recommended, 2020..................................... 170,000,000
Comparison:
Appropriation, 2019................................. +5,000,000
Budget estimate, 2020............................... +5,000,000
The Appalachian Regional Commission (ARC) is a regional
economic development agency established in 1965 by the
Appalachian Regional Development Act (P.L. 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, the Committee directs $50,000,000
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 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 targets 50 percent of its
funds to 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 not later than 90
days after enactment of this Act a report on the percentage of
funding that has been directed to persistent poverty counties
and high poverty areas in the last three fiscal years. For the
purposes of the report, the term persistent poverty counties
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates. For the
purposes of the report, the term high-poverty area means any
census tract with a poverty rate of at least 20 percent as
measured by the 2013-2017 five-year data series available from
the American Community Survey of the Census Bureau.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
Appropriation, 2019................................... $31,000,000
Budget estimate, 2020................................. 29,450,000
Recommended, 2020..................................... 31,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +1,550,000
The Defense Nuclear Facilities Safety Board 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 is concerned that the Board is not adequately
staffed and directs the Board to increase its technical staff
to a minimum of 110 full-time equivalents, including field
staff if justified, across the Board. The Committee further
directs the Board to establish an Executive Director of
Operations position but does not support the additional
elements of the Board's August 15, 2018 reform plan.
Additionally, the Board is directed to enter into a Memorandum
of Understanding with the Department of Energy to govern
interactions regarding pre-decisional information.
Delta Regional Authority
SALARIES AND EXPENSES
Appropriation, 2019................................... $25,000,000
Budget estimate, 2020................................. 2,500,000
Recommended, 2020..................................... 15,000,000
Comparison:
Appropriation, 2019................................. -10,000,000
Budget estimate, 2020............................... +12,500,000
The Delta Regional Authority (DRA) is a federal-state
partnership established by the Delta Regional Authority Act of
2000 (P.L. 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 co-chair 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 budget request proposed to eliminate funding for the
DRA. The recommendation does not include 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 Committee directs the DRA to
provide not later than 180 days after enactment of this Act 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.
Denali Commission
Appropriation, 2019................................... $15,000,000
Budget estimate, 2020................................. 7,300,000
Recommended, 2020..................................... 15,000,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +7,700,000
The Denali Commission is a regional development agency
established by the Denali Commission Act of 1998 (P.L. 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 budget request proposed to eliminate funding for the
Denali Commission. The recommendation does not include 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 Committee directs the Commission
to provide not later than 180 days after enactment of this Act
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.
Northern Border Regional Commission
Appropriation, 2019................................... $20,000,000
Budget estimate, 2020................................. 850,000
Recommended, 2020..................................... 22,000,000
Comparison:
Appropriation, 2019................................. +2,000,000
Budget estimate, 2020............................... +21,150,000
The Food, Conservation, and Energy Act of 2008 (P.L. 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 budget request proposed to eliminate funding for the
NBRC. The recommendation does not include 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 Committee directs the NBRC to
provide not later than 180 days after enactment of this Act 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.
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 $1,000,000 for the
State Capacity Grant Program.
Southeast Crescent Regional Commission
Appropriation, 2019................................... $250,000
Budget estimate, 2020................................. - - -
Recommended, 2020..................................... 250,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... +250,000
The Food, Conservation, and Energy Act of 2008 (P.L. 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 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, 2019................................... $898,350,000
Budget estimate, 2020................................. 907,765,000
Recommended, 2020..................................... 885,236,000
Comparison:
Appropriation, 2019................................. -13,114,000
Budget estimate, 2020............................... -22,529,000
REVENUES
Appropriation, 2019................................... -770,477,000
Budget estimate, 2020................................. -748,669,000
Recommended, 2020..................................... -757,589,000
Comparison:
Appropriation, 2019................................. +12,888,000
Budget estimate, 2020............................... -8,920,000
NET APPROPRIATION
Appropriation, 2019................................... $127,873,000
Budget estimate, 2020................................. 159,096,000
Recommended, 2020..................................... 127,647,000
Comparison:
Appropriation, 2019................................. -226,000
Budget estimate, 2020............................... -31,449,000
The Committee recommendation for the Nuclear Regulatory
Commission (NRC) provides the following amounts:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2019 enacted FY 2020 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety.............................. $469,767 $449,474 $449,474
Nuclear Materials and Waste Safety.................. 108,609 104,291 104,291
Decommissioning and Low-Level Waste................. 25,393 22,891 22,891
Integrated University Program....................... 15,000 0 16,000
Yucca licensing..................................... 0 38,529 0
Corporate Support................................... 299,581 292,580 292,580
-----------------------------------------------------------
Total, Program Level............................ 918,350 907,765 885,236
Savings and Carryover........................... -20,000 - - - - - -
-----------------------------------------------------------
Total........................................... 898,350 907,765 885,236
----------------------------------------------------------------------------------------------------------------
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. The Commission is directed to provide to the
Committee not later than 120 days after enactment of this Act a
plan to maintain reactor safety during this current period of
nuclear industry transition as power plants close or are
planned to close and in light of several consecutive years of
agency resource reductions.
Transformation Initiative.--The Commission's Transformation
Initiative should focus on enhancing the ability to evaluate
and regulate new and novel technologies that will challenge the
Commission's current regulatory framework. The Committee
encourages the continued evaluation of accident tolerant fuels,
new materials and new manufacturing approaches, big data,
digital instrumentation and controls, and small modular and
advanced reactor designs. The Committee supports the
Commission's efforts to update its regulations to account for
non-light-water reactor technologies. The Committee directs the
Commission to provide regular briefings to the Committee on the
status of the Transformation Initiative, beginning not later
than 120 days after enactment of this Act.
Reactor Oversight and Safety.--The Committee is aware that
the Commission is considering changes to the Reactor Oversight
Process, which has governed the Commission's regulatory
oversight of nuclear reactors for nearly two decades. The
Committee is concerned with proposals under consideration that
would result in fewer baseline inspections, minimize the
importance of white findings, and eliminate the use of SPAR
models. These are all important tools for protecting the health
and safety of workers and the public. Further, the Committee is
concerned about proposals to replace Commission baseline
inspections performed by independent agency inspectors with
licensee self-assessments. The Commission is directed to
provide a briefing to the Committee on any such proposed
changes to the Commission's current reactor oversight and
safety program before they are implemented.
Mitigation of Beyond-Design-Basis Events Rule.--The
Committee is concerned that the Commission's recent post-
Fukushima safety regulation failed to reflect the
recommendations of the technical and expert staff and discounts
the serious flooding and seismic risks discovered after the
current reactor fleet was licensed. Given the rise in extreme
weather events and the major advances in the science of
seismology, there is clear need for increased safeguards for
nuclear power plants from flooding and seismic events. The
Commission is directed to provide a briefing to the Committee
not later than 120 days after enactment of this Act on its
plans to ensure that nuclear reactors are adequately protected
from the modern-day flooding and seismic hazards facing nuclear
power plants.
International Activities.--The Commission's fundamental
role in providing technical and regulatory advice and
assistance to international organizations and foreign countries
remains an important mission. The Commission's independence
regarding its regulatory function must remain unimpeachable,
but any views regarding foreign policy matters should be
coordinated with the executive branch.
Within available funds, not more than $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 and benefit and travel costs, and not
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 Commission 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.
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 aware of evidence demonstrating the prevalence of
extravasations in nuclear medicine procedures across health
care providers. The Committee encourages the Commission and the
Advisory Committee on Medical Use of Isotopes to consider new
evidence in evaluating whether radiopharmaceutical
extravasations should be reportable as medical events under 10
CFR Part 35. Not later than 90 days after enactment of this
Act, the Commission shall provide to the Committee a report on
updates to injection quality monitoring, classification, and
reporting requirements regarding extravasations.
OFFICE OF INSPECTOR GENERAL
GROSS APPROPRIATION
Appropriation, 2019................................... $12,609,000
Budget estimate, 2020................................. 13,314,000
Recommended, 2020..................................... 13,314,000
Comparison:
Appropriation, 2019................................. +705,000
Budget estimate, 2020............................... - - -
REVENUES
Appropriation, 2019................................... -$10,355,000
Budget estimate, 2020................................. -10,929,000
Recommended, 2020..................................... -10,929,000
Comparison:
Appropriation, 2019................................. -574,000
Budget estimate, 2020............................... - - -
NET APPROPRIATION
Appropriation, 2019................................... $2,254,000
Budget estimate, 2020................................. 2,385,000
Recommended, 2020..................................... 2,385,000
Comparison:
Appropriation, 2019................................. +131,000
Budget estimate, 2020............................... - - -
The Committee includes $1,171,000 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, 2019................................... $3,600,000
Budget estimate, 2020................................. 3,600,000
Recommended, 2020..................................... 3,600,000
Comparison:
Appropriation, 2019................................. - - -
Budget estimate, 2020............................... - - -
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.
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 continues 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.
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,'' $70,332,000 is
available for transfer to the Upper Colorado River Basin Fund
and $5,023,000 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. 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,'' $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'' for the Advanced Test Reactor.
Under section 301, ``General Provisions--Department of
Energy,'' unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this
title. Balances so transferred 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 307, ``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.
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,
Construction, providing for a limited number of new starts.
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 of
Engineers, 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
constructions activities.
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; 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 sections 4009(c), 4007, and 4009(a) of Public Law
114-322.
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 P.L. 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 Secure
Water 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 Claims
Resolution Act of 2010.
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 Electricity Delivery and
Energy Reliability 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 the Strategic Petroleum
Reserve, directing the Secretary of Energy to draw down and
sell crude oil from the Strategic Petroleum and providing that
the proceeds be deposited in the Energy Security and
Infrastructure Modernization Fund for use in carrying out the
Life Extension II project.
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 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 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 P.L. 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.
Language has been included under Defense Nuclear
Nonproliferation for the purchase, construction, and
acquisition of plant and capital equipment and other incidental
expenses and for the purchase of aircraft.
Language has been included under Naval Reactors for the
purchase, construction, and acquisition of 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.
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 authorizing purchases or
payments of emissions expenses associated with Bonneville Power
Administration power and transmission operations in states with
clean energy programs.
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, prohibiting nonproliferation
activities in the Russian Federation until certain reporting
requirements are met.
Language has been included under Department of Energy,
General Provisions, section 306, 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 307, 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.
Language has been included under Department of Energy,
General Provisions, section 308, to allow the Department to
spend fees collected from users of a mercury storage facility.
Language has been included under Department of Energy,
General Provisions, section 309, to allow the Southeastern
Power Administration to offer competitive pay to help attract
and retain experienced power system dispatcher candidates.
TITLE IV--INDEPENDENT AGENCIES
Language has been included under Appalachian Regional
Commission providing for the hire of passenger vehicles and
services authorized by 5 U.S.C. 3109.
Language has been included under Delta Regional Authority
allowing the expenditure of funds as authorized by the Delta
Regional Authority 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 (Division C,
Title III, P.L. 105-277), and an amount not to exceed 50
percent for non-distressed communities.
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 for expenditure as authorized by subtitle V of title
40, United States Code, without regard to section 15751(b).
Language has been included under Southeast Crescent
Regional Commission for expenditure as authorized by subtitle V
of title 40, United States Code.
Language has been included under Nuclear Regulatory
Commission, 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 Nuclear Regulatory
Commission providing funds that 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 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.
Program Duplication
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 P.L. 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):
SECTION 9504 OF THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
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 [$480,000,000]
$510,000,000, to remain available until expended.
----------
WATER SUPPLY, RELIABILITY, AND ENVIRONMENTAL IMPROVEMENT ACT
(Public Law 108-361)
* * * * * * *
TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Calfed Bay-Delta
Authorization Act''.
* * * * * * *
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 [2019] 2020, 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
[2019] 2020.
(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 [2019] 2020 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 [2019]
2020, to remain available until expended.
* * * * * * *
----------
PUBLIC LAW 111-11
* * * * * * *
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 carriage of irrigation
return flows and excess water from the
land that is served.
(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) 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.--
(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) Study.--There is authorized to be appropriated to
carry out subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated
to carry out subsection (d) $6,000,000 for each of
fiscal years 2010 through [2019] 2020.
* * * * * * *
----------
CLAIMS RESOLUTION ACT OF 2010
* * * * * * *
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION
* * * * * * *
SEC. 309. WAIVERS AND RELEASES OF CLAIMS.
(a) In general.---
(1) Claims against the state and others.--Except for
the specifically retained claims described in
subsection (b)(1), the Tribe, on behalf of itself and
its members, and the United States, acting in its
capacity as trustee for the Tribe and its members, as
part of the performance of the respective obligations
of the United States and the Tribe under the Agreement,
are authorized to execute a waiver and release of any
claims against the State (or any agency or political
subdivision of the State), or any other person, entity,
corporation, or municipal corporation under Federal,
State, or other law for all--
(A)(i) past, present, and future claims for
water rights for the reservation and off-
reservation trust land arising from time
immemorial and, thereafter, forever; and
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by the Tribe, its
members, or their predecessors;
(B)(i) past and present claims for injury to
water rights for the reservation and off-
reservation trust land arising from time
immemorial through the enforceability date;
(ii) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever, that are
based on aboriginal occupancy of land by the
Tribe, its members, or their predecessors; and
(iii) claims for injury to water rights
arising after the enforceability date for the
reservation and off-reservation trust land
resulting from off-reservation diversion or use
of water in a manner that is not in violation
of the Agreement or State law; and
(C) past, present, and future claims arising
out of, or relating in any manner to, the
negotiation, execution, or adoption of the
Agreement, an applicable settlement judgement
or decree, or this title.
(2) Claims against tribe.--Except for the
specifically retained claims described in subsection
(b)(3), the United States, in all capacities (except as
trustee for an Indian tribe other than the Tribe), as
part of the performance of its obligations under the
Agreement, is authorized to execute a waiver and
release of any and all claims against the Tribe, its
members, or any agency, official, or employee of the
Tribe, under Federal, State, or any other law for all--
(A) past and present claims for injury to
water rights resulting from the diversion or
use of water on the reservation and on off-
reservation trust land arising from time
immemorial through the enforceability date;
(B) claims for injury to water rights arising
after the enforceability date resulting from
the diversion or use of water on the
reservation and on off-reservation trust land
in a manner that is not in violation of the
Agreement; and
(C) past, present, and future claims arising
out of or related in any manner to the
negotiation, execution, or adoption of the
Agreement, an applicable settlement judgement
or decree, or this title.
(3) Claims against united states.--Except for the
specifically retained claims described in subsection
(b)(2), the Tribe, on behalf of itself and its members,
as part of the performance of the obligations of the
Tribe under the Agreement, is authorized to execute a
waiver and release of any claim against the United
States, including agencies, officials, or employees of
the United States (except in the capacity of the United
States as trustee for other Indian tribes), under
Federal, State, or other law for any and all--
(A)(i) past, present, and future claims for
water rights for the reservation and off-
reservation trust land arising from time
immemorial and, thereafter, forever; and
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever that are based on
aboriginal occupancy of land by the Tribe, its
members, or their predecessors;
(B)(i) past and present claims relating in
any manner to damages, losses, or injuries to
water, water rights, land, or other resources
due to loss of water or water rights (including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion, or taking of
water, or claims relating to failure to
protect, acquire, or develop water, water
rights, or water infrastructure) within the
reservation and off-reservation trust land that
first accrued at any time prior to the
enforceability date;
(ii) past, present, and future claims for
injury to water rights arising from time
immemorial and, thereafter, forever that are
based on aboriginal occupancy of land by the
Tribe, its members, or their predecessors; and
(iii) claims for injury to water rights
arising after the enforceability date for the
reservation and off-reservation trust land
resulting from the off-reservation diversion or
use of water in a manner that is not in
violation of the Agreement or applicable law;
(C) past, present, and future claims arising
out of, or relating in any manner to, the
negotiation, execution, or adoption of the
Agreement, an applicable settlement judgment or
decree, or this title;
(D) past and present claims relating in any
manner to pending litigation of claims relating
to the water rights of the Tribe for the
reservation and off-reservation trust land;
(E) past and present claims relating to the
operation, maintenance, and replacement of
existing irrigation systems on the reservation
constructed prior to the enforceability date
that first accrued at any time prior to the
enforceability date, which waiver shall only
become effective on the full appropriation and
payment to the Tribe of $4,950,000 of the
amounts made available under section
312(b)(2)(B);
(F) any claims relating to operation,
maintenance, and replacement of the WMAT rural
water system, which waiver shall only become
effective on the date on which funds are made
available under section 312(b)(3)(B) and
deposited in the WMAT Maintenance Fund;
(G) past and present breach of trust and
negligence claims for damage to the land and
natural resources of the Tribe caused by
riparian and other vegetative manipulation by
the United States for the purpose of increasing
water runoff from the reservation that first
accrued at any time prior to the enforceability
date; and
(H) past and present claims for trespass,
use, and occupancy of the reservation in, on,
and along the Black River that first accrued at
any time prior to the enforceability date.
(4) Effect on boundary claims.--Nothing in this title
expands, diminishes, or impacts any claims the Tribe
may assert, or any defense the United States may
assert, concerning title to land outside the most
current survey, as of the date of enactment of this
Act, of the northern boundary of the reservation.
(b) Reservation of Rights and Retention of Claims.--
(1) Reservation of rights and retention of claims by
tribe and united states.--
(A) In general.--Notwithstanding the waiver
and release of claims authorized under
subsection (a)(1), the Tribe, on behalf of
itself and its members, and the United States,
acting as trustee for the Tribe and its
members, shall retain any right--
(i) subject to subparagraph 16.9 of
the Agreement, to assert claims for
injuries to, and seek enforcement of,
the rights of the Tribe and its members
under the Agreement or this title in
any Federal or State court of competent
jurisdiction;
(ii) to assert claims for injuries
to, and seek enforcement of, the rights
of the Tribe under the judgment and
decree entered by the court in the Gila
River adjudication proceedings;
(iii) to assert claims for injuries
to, and seek enforcement of, the rights
of the Tribe under the judgment and
decree entered by the court in the
Little Colorado River adjudication
proceedings;
(iv) to object to any claims by or
for any other Indian tribe, Indian
community or nation, or dependent
Indian community, or the United States
on behalf of such a tribe, community,
or nation;
(v) to participate in the Gila River
adjudication proceedings and the Little
Colorado River adjudication proceedings
to the extent provided in subparagraph
14.1 of the Agreement;
(vi) to assert any claims arising
after the enforceability date for
injury to water rights not specifically
waived under this section;
(vii) to assert any past, present, or
future claim for injury to water rights
against any other Indian tribe, Indian
community or nation, dependent Indian
community, allottee, or the United
States on behalf of such a tribe,
community, nation, or allottee;
(viii) to assert any past, present,
or future claim for trespass, use, and
occupancy of the reservation in, on, or
along the Black River against Freeport-
McMoRan Copper & Gold, Inc., Phelps
Dodge Corporation, or Phelps Dodge
Morenci, Inc. (or a predecessor or
successor of those entities), including
all subsidiaries and affiliates of
those entities; and
(ix) to assert claims arising after
the enforceability date for injury to
water rights resulting from the pumping
of water from land located within
national forest land as of the date of
the Agreement in the south \1/2\ of T.
9 N., R. 24 E., the south \1/2\ of T. 9
N., R. 25 E., the north \1/2\ of T. 8
N., R. 24 E., or the north \1/2\ of T.
8 N., R. 25 E., if water from the land
is used on the land or is transported
off the land for municipal, commercial,
or industrial use.
(B) Agreement.--On terms acceptable to the
Tribe and the United States, the Tribe and the
United States are authorized to enter into an
agreement with Freeport-McMoRan Copper & Gold,
Inc., Phelps Dodge Corporation, or Phelps Dodge
Morenci, Inc. (or a predecessor or successor of
those entities), including all subsidiaries and
affiliates of those entities, to resolve the
claims of the Tribe relating to the trespass,
use, and occupancy of the reservation in, on,
and along the Black River.
(2) Reservation of rights and retention of claims by
tribe against united states.--Notwithstanding the
waiver and release of claims authorized under
subsection (a)(3), the Tribe, on behalf of itself and
its members, shall retain any right--
(A) subject to subparagraph 16.9 of the
Agreement, to assert claims for injuries to,
and seek enforcement of, the rights of the
Tribe and its members under the Agreement or
this title, in any Federal or State court of
competent jurisdiction;
(B) to assert claims for injuries to, and
seek enforcement of, the rights of the Tribe
and members under the judgment and decree
entered by the court in the Gila River
adjudication proceedings;
(C) to assert claims for injuries to, and
seek enforcement of, the rights of the Tribe
and members under the judgment and decree
entered by the court in the Little Colorado
River adjudication proceedings;
(D) to object to any claims by or for any
other Indian tribe, Indian community or nation,
or dependent Indian community, or the United
States on behalf of such a tribe, community, or
nation;
(E) to assert past, present, or future claims
for injury to water rights or any other claims
other than a claim to water rights, against any
other Indian tribe, Indian community or nation,
or dependent Indian community, or the United
States on behalf of such a tribe, community, or
nation;
(F) to assert claims arising after the
enforceability date for injury to water rights
resulting from the pumping of water from land
located within national forest land as of the
date of the Agreement in the south \1/2\ of T.
9 N., R. 24 E., the south \1/2\ of T. 9 N., R.
25 E., the north \1/2\ of T. 8 N., R. 24 E., or
the north \1/2\ of T. 8 N., R. 25 E., if water
from that land is used on the land or is
transported off the land for municipal,
commercial, or industrial use;
(G) to assert any claims arising after the
enforceability date for injury to water rights
not specifically waived under this section;
(H) to seek remedies and to assert any other
claims not specifically waived under this
section; and
(I) to assert any claim arising after the
enforceability date for a future taking by the
United States of reservation land, off-
reservation trust land, or any property rights
appurtenant to that land, including any water
rights set forth in paragraph 4.0 of the
Agreement.
(3) Reservation of rights and retention of claims by
united states.--Notwithstanding the waiver and release
of claims authorized under subsection (a)(2), the
United States shall retain any right to assert any
claim not specifically waived in that subsection.
(c) Effectiveness of Waiver and Releases.--Except as
otherwise specifically provided in subparagraphs (E) and (F) of
subsection (a)(3), the waivers and releases under subsection
(a) shall become effective on the enforceability date.
(d) Enforceability date.--
(1) In general.--This section takes effect on the
date on which the Secretary publishes in the Federal
Register a statement of findings that--
(A)(i) to the extent that the Agreement
conflicts with this title, the Agreement has
been revised through an amendment to eliminate
the conflict; and
(ii) the Agreement, as so revised, has been
executed by the Secretary, the Tribe, and the
Governor of the State;
(B) the Secretary has fulfilled the
requirements of sections 305 and 306;
(C) the amount made available under section
312(a) has been deposited in the White Mountain
Apache Tribe Water Rights Settlement
Subaccount;
(D) the State funds described in subparagraph
13.3 of the Agreement have been deposited in
the White Mountain Apache Tribe Water Rights
Settlement Subaccount;
(E) the Secretary has issued a record of
decision approving the construction of the WMAT
rural water system in a configuration
substantially similar to that described in
section 307;
(F) the judgments and decrees substantially
in the form of those attached to the Agreement
as exhibits 12.9.6.1 and 12.9.6.2 have been
approved by the respective trial courts; and
(G) the waivers and releases authorized and
set forth in subsection (a) have been executed
by the Tribe and the Secretary.
(2) Failure of enforceability date to occur.--If the
Secretary does not publish a statement of findings
under paragraph (1) by April 30, [2021] 2023--
(A) this title is repealed effective May 1,
[2021] 2023, and any activity by the Secretary
to carry out this title shall cease;
(B) any amounts made available under section
312 shall immediately revert to the general
fund of the Treasury;
(C) any other amounts deposited in the White
Mountain Apache Tribe Water Rights Settlement
Subaccount (including any amounts paid by the
State in accordance with the Agreement),
together with any interest accrued on those
amounts, shall immediately be returned to the
respective sources of those funds; and
(D) the Tribe and its members, and the United
States, acting as trustee for the Tribe and its
members, shall retain the right to assert past,
present, and future water rights claims and
claims for injury to water rights for the
reservation and off-reservation trust land.
(3) No additional rights to water.--Beginning on the
enforceability date, all land held by the United States
in trust for the Tribe and its members shall have no
rights to water other than those specifically
quantified for the Tribe and the United States, acting
as trustee for the Tribe and its members, for the
reservation and off-reservation trust land pursuant to
paragraph 4.0 of the Agreement.
(e) United States Enforcement Authority.--Nothing in this
title or the Agreement affects any right of the United States
to take any action, including environmental actions, under any
laws (including regulations and the common law) relating to
human health, safety, or the environment.
(f) No Effect on Water Rights.--Except as provided in
paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii)
of subsection (a), nothing in this title affects any rights to
water of the Tribe, its members, or the United States, acting
as trustee for the Tribe and its members, for land outside the
boundaries of the reservation or the off-reservation trust
land.
(g) Entitlements.--Any entitlement to water of the Tribe, its
members, or the United States, acting as trustee for the Tribe
and its members, relating to the reservation or off-reservation
trust land shall be satisfied from the water resources granted,
quantified, confirmed, or recognized with respect to the Tribe,
its members, and the United States by the Agreement and this
title.
(h) Objection Prohibited.--Except as provided in paragraphs
(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the
United States, acting as trustee for the Tribe shall not--
(1) object to the use of any well located outside the
boundaries of the reservation or the off-reservation
trust land in existence on the enforceability date; or
(2) object to, dispute, or challenge after the
enforceability date the drilling of any well or the
withdrawal and use of water from any well in the Little
Colorado River adjudication proceedings, the Gila River
adjudication proceedings, or any other judicial or
administrative proceeding.
* * * * * * *
SEC. 311. MISCELLANEOUS PROVISIONS.
(a) Limited Waiver of Sovereign Immunity.--
(1) In general.--In the case of a civil action
described in paragraph (2)--
(A) the United States or the Tribe, or both,
may be joined in the civil action; and
(B) any claim by the United States or the
Tribe to sovereign immunity from the civil
action is waived for the sole purpose of
resolving any issue regarding the
interpretation or enforcement of this title or
the Agreement.
(2) Description of civil action.--A civil action
referred to in paragraph (1) is a civil action filed--
(A) by any party to the Agreement or
signatory to an exhibit to the Agreement in a
United States or State court that--
(i) relates solely and directly to
the interpretation or enforcement of
this title or the Agreement; and
(ii) names as a party the United
States or the Tribe; or
(B) by a landowner or water user in the Gila
River basin or Little Colorado River basin in
the State that--
(i) relates solely and directly to
the interpretation or enforcement of
section 309 of this title and paragraph
12.0 of the Agreement; and
(ii) names as a party the United
States or the Tribe.
(b) Effect of title.--Nothing in this title quantifies or
otherwise affects any water right or claim or entitlement to
water of any Indian tribe, band, or community other than the
Tribe.
(c) Limitation on Liability of United States.--
(1) In general.--The United States shall have no
trust or other obligation--
(A) to monitor, administer, or account for,
in any manner, any amount paid to the Tribe by
any party to the Agreement other than the
United States; or
(B) to review or approve the expenditure of
those funds.
(2) Indemnification.--The Tribe shall indemnify the
United States, and hold the United States harmless,
with respect to any claim (including claims for takings
or breach of trust) arising out of the receipt or
expenditure of funds described in paragraph (1)(A).
(d) Applicability of Reclamation Reform Act.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other
acreage limitation or full-cost pricing provision under Federal
law shall not apply to any individual, entity, or land solely
on the basis of--
(1) receipt of any benefit under this title;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of
CAP water.
(e) Secretarial Power Sites.--The portions of the following
named secretarial power site reserves that are located on the
Fort Apache Indian Reservation or the San Carlos Apache
Reservation, as applicable, shall be transferred and restored
into the name of the Tribe or the San Carlos Apache Tribe,
respectively:
(1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R.
27 E.).
(2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R.
26 E.; T. 3 N., R. 26 E.).
(3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T.
4\1/2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\
N., R. 21 E.; T. 5 N., R. 19 E.).
(4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
(5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18
E.).
(6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R.
16 E.).
(f) No Effect on Future Allocations.--Water received under a
lease or exchange of tribal CAP water under this title shall
not affect any future allocation or reallocation of CAP water
by the Secretary.
(g) After-acquired Trust Land.--
(1) Requirement of act of congress.--
(A) Legal title.--Subject to subparagraph
(B), after the enforceability date, if the
Tribe seeks to have legal title to additional
land in the State located outside the exterior
boundaries of the reservation taken into trust
by the United States for the benefit of the
Tribe, the Tribe may do so only pursuant to an
Act of Congress specifically authorizing the
transfer for the benefit of the Tribe.
(B) Exceptions.--Subparagraph (A) shall not
apply to--
(i) the restoration of land to the
reservation subsequently and finally
determined to be part of the
reservation through resolution of any
dispute between the Tribe and the
United States over the location of the
reservation boundary, unless required
by Federal law; or
(ii) off-reservation trust land
acquired prior to January 1, 2008.
(2) Water rights.--
(A) In general.--After-acquired trust land
that is located outside the reservation shall
not include federally reserved rights to
surface water or groundwater.
(B) Restored land.--Land that is restored to
the reservation as the result of the resolution
of any reservation boundary dispute between the
Tribe and the United States, or any fee simple
land within the reservation that is placed into
trust, shall have water rights pursuant to
section 308(b).
(3) Acceptance of land in trust status.--
(A) In general.--If the Tribe acquires legal
fee title to land that is located within the
exterior boundaries of the reservation, the
Secretary shall accept the land in trust status
for the benefit of the Tribe in accordance with
applicable Federal law (including regulations)
for such real estate acquisitions.
(B) Reservation status.--Land held in trust
by the Secretary under subparagraph (A), or
restored to the reservation as a result of
resolution of a boundary dispute between the
Tribe and the United States, shall be deemed to
be part of the reservation.
(h) Conforming Amendment.--Section 3(b)(2) of the White
Mountain Apache Tribe Rural Water System Loan Authorization Act
(Public Law 110-390; 122 Stat. 4191) is amended by striking
``January 1, 2013'' and inserting ``May 1, [2021] 2023''.
* * * * * * *
----------
MERCURY EXPORT BAN ACT OF 2008
(Public Law 110-414)
* * * * * * *
SEC. 5. LONG-TERM STORAGE.
(a) Designation of Facility.--
(1) In general.--Not later than January 1, 2010, the
Secretary of Energy (referred to in this section as the
``Secretary'') shall designate a facility or facilities
of the Department of Energy, which shall not include
the Y-12 National Security Complex or any other portion
or facility of the Oak Ridge Reservation of the
Department of Energy, for the purpose of long-term
management and storage of elemental mercury generated
within the United States.
(2) Operation of facility.--Not later than January 1,
2019, the facility designated in paragraph (1) shall be
operational and shall accept custody, for the purpose
of long-term management and storage, of elemental
mercury generated within the United States and
delivered to such facility.
(b) Fees.--
(1) In general.--
(A) Assessment and collection.--After
consultation with persons who are likely to
deliver elemental mercury to a designated
facility for long-term management and storage
under the program prescribed in subsection (a),
and with other interested persons, the
Secretary shall assess and collect a fee at the
time of delivery for providing such management
and storage, based on the pro rata cost of
long-term management and storage of elemental
mercury delivered to the facility.
(B) Amount.--The amount of the fees described
in subparagraph (A)--
(i) shall be made publically
available not later than October 1,
2018;
(ii) may be adjusted annually;
(iii) shall be set in an amount
sufficient to cover the costs described
in paragraph (2), subject to clause
(iv); and
(iv) for generators temporarily
accumulating elemental mercury in a
facility subject to subparagraphs (B)
and (D)(iv) of subsection (g)(2) if the
facility designated in subsection (a)
is not operational by January 1, 2019,
shall be adjusted to subtract the cost
of the temporary accumulation during
the period in which the facility
designated under subsection (a) is not
operational.
(C) Conveyance of title and permitting.--If
the facility designated in subsection (a) is
not operational by January 1, 2020, the
Secretary--
(i) shall immediately accept the
conveyance of title to all elemental
mercury that has accumulated in
facilities in accordance with
subsection (g)(2)(D), before January 1,
2020, and deliver the accumulated
mercury to the facility designated
under subsection (a) on the date on
which the facility becomes operational;
(ii) shall pay any applicable Federal
permitting costs, including the costs
for permits issued under section
3005(c) of the Solid Waste Disposal Act
(42 U.S.C. 6925(c)); and
(iii) shall store, or pay the cost of
storage of, until the time at which a
facility designated in subsection (a)
is operational, accumulated mercury to
which the Secretary has title under
this subparagraph in a facility that
has been issued a permit under section
3005(c) of the Solid Waste Disposal Act
(42 U.S.C. 6925(c)).
(2) Costs.--The costs referred to in paragraph
(1)(B)(iii) are the costs to the Department of Energy
of providing such management and storage, including
facility operation and maintenance, security,
monitoring, reporting, personnel, administration,
inspections, training, fire suppression, closure, and
other costs required for compliance with applicable
law. Such costs shall not include costs associated with
land acquisition or permitting of a designated facility
under the Solid Waste Disposal Act or other applicable
law. Building design and building construction costs
shall only be included to the extent that the Secretary
finds that the management and storage of elemental
mercury accepted under the program under this section
cannot be accomplished without construction of a new
building or buildings.
(3) Mercury storage revolving fund.--There is hereby
established the Mercury Storage Revolving Fund which
shall be available without fiscal year limitation.
Notwithstanding section 3302 of title 31, United States
Code, receipts received from fees described under this
subsection shall be credited to this account as
offsetting collections, to be available for carrying
out the long-term management and storage of elemental
mercury generated within the United States without
further appropriation.
(c) Report.--Not later than 60 days after the end of each
Federal fiscal year, the Secretary shall transmit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on all of the costs incurred in
the previous fiscal year associated with the long-term
management and storage of elemental mercury. Such report shall
set forth separately the costs associated with activities taken
under this section.
(d) Management Standards for a Facility.--
(1) Guidance.--Not later than October 1, 2009, the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency and all appropriate
State agencies in affected States, shall make
available, including to potential users of the long-
term management and storage program established under
subsection (a), guidance that establishes procedures
and standards for the receipt, management, and long-
term storage of elemental mercury at a designated
facility or facilities, including requirements to
ensure appropriate use of flasks or other suitable
shipping containers. Such procedures and standards
shall be protective of human health and the environment
and shall ensure that the elemental mercury is stored
in a safe, secure, and effective manner. In addition to
such procedures and standards, elemental mercury
managed and stored under this section at a designated
facility shall be subject to the requirements of the
Solid Waste Disposal Act, including the requirements of
subtitle C of that Act, except as provided in
subsection (g)(2) of this section. A designated
facility is authorized to operate under interim status
pursuant to section 3005(e) of the Solid Waste Disposal
Act until a final decision on a permit application is
made pursuant to section 3005(c) of the Solid Waste
Disposal Act. Not later than January 1, 2020, the
Administrator of the Environmental Protection Agency
(or an authorized State) shall issue a final decision
on the permit application.
(2) Training.--The Secretary shall conduct
operational training and emergency training for all
staff that have responsibilities related to elemental
mercury management, transfer, storage, monitoring, or
response.
(3) Equipment.--The Secretary shall ensure that each
designated facility has all equipment necessary for
routine operations, emergencies, monitoring, checking
inventory, loading, and storing elemental mercury at
the facility.
(4) Fire detection and suppression systems.--The
Secretary shall--
(A) ensure the installation of fire detection
systems at each designated facility, including
smoke detectors and heat detectors; and
(B) ensure the installation of a permanent
fire suppression system, unless the Secretary
determines that a permanent fire suppression
system is not necessary to protect human health
and the environment.
(e) Indemnification of Persons Delivering Elemental
Mercury.--
(1) In general.--(A) Except as provided in
subparagraph (B) and subject to paragraph (2), the
Secretary shall hold harmless, defend, and indemnify in
full any person who delivers elemental mercury to a
designated facility under the program established under
subsection (a) from and against any suit, claim, demand
or action, liability, judgment, cost, or other fee
arising out of any claim for personal injury or
property damage (including death, illness, or loss of
or damage to property or economic loss) that results
from, or is in any manner predicated upon, the release
or threatened release of elemental mercury as a result
of acts or omissions occurring after such mercury is
delivered to a designated facility described in
subsection (a).
(B) To the extent that a person described in
subparagraph (A) contributed to any such release or
threatened release, subparagraph (A) shall not apply.
(2) Conditions.--No indemnification may be afforded
under this subsection unless the person seeking
indemnification--
(A) notifies the Secretary in writing within
30 days after receiving written notice of the
claim for which indemnification is sought;
(B) furnishes to the Secretary copies of
pertinent papers the person receives;
(C) furnishes evidence or proof of any claim,
loss, or damage covered by this subsection; and
(D) provides, upon request by the Secretary,
access to the records and personnel of the
person for purposes of defending or settling
the claim or action.
(3) Authority of secretary.--(A) In any case in which
the Secretary determines that the Department of Energy
may be required to make indemnification payments to a
person under this subsection for any suit, claim,
demand or action, liability, judgment, cost, or other
fee arising out of any claim for personal injury or
property damage referred to in paragraph (1)(A), the
Secretary may settle or defend, on behalf of that
person, the claim for personal injury or property
damage.
(B) In any case described in subparagraph (A), if the
person to whom the Department of Energy may be required
to make indemnification payments does not allow the
Secretary to settle or defend the claim, the person may
not be afforded indemnification with respect to that
claim under this subsection.
(f) Terms, Conditions, and Procedures.--The Secretary is
authorized to establish such terms, conditions, and procedures
as are necessary to carry out this section.
(g) Effect on Other Law.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section changes or affects any Federal,
State, or local law or the obligation of any person to
comply with such law.
(2) Exception.--(A) Elemental mercury that the
Secretary is storing on a long-term basis shall not be
subject to the storage prohibition of section 3004(j)
of the Solid Waste Disposal Act (42 U.S.C. 6924(j)).
For the purposes of section 3004(j) of the Solid Waste
Disposal Act, a generator accumulating elemental
mercury destined for a facility designated by the
Secretary under subsection (a) for 90 days or less
shall be deemed to be accumulating the mercury to
facilitate proper treatment, recovery, or disposal.
(B) Elemental mercury may be stored at a facility
with respect to which any permit has been issued under
section 3005(c) of the Solid Waste Disposal Act (42
U.S.C. 6925(c)), and shall not be subject to the
storage prohibition of section 3004(j) of the Solid
Waste Disposal Act (42 U.S.C. 6924(j)) if--
(i) the Secretary is unable to accept the
mercury at a facility designated by the
Secretary under subsection (a) for reasons
beyond the control of the owner or operator of
the permitted facility;
(ii) the owner or operator of the permitted
facility certifies in writing to the Secretary
that it will ship the mercury to the designated
facility when the Secretary is able to accept
the mercury; and
(iii) the owner or operator of the permitted
facility certifies in writing to the Secretary
that it will not sell, or otherwise place into
commerce, the mercury.
(C) Subparagraph (B) shall not apply to
mercury with respect to which the owner or
operator of the permitted facility fails to
comply with a certification provided under
clause (ii) or (iii) of that subparagraph.
(D) A generator producing elemental mercury
incidentally from the beneficiation or
processing of ore or related pollution control
activities may accumulate the mercury produced
onsite that is destined for a facility
designated by the Secretary under subsection
(a) for more than 90 days without a permit
issued under section 3005(c) of the Solid Waste
Disposal Act (42 U.S.C. 6925(c)), and shall not
be subject to the storage prohibition of
section 3004(j) of that Act (42 U.S.C.
6924(j)), if--
(i) the Secretary is unable to accept
the mercury at a facility designated by
the Secretary under subsection (a) for
reasons beyond the control of the
generator;
(ii) the generator certifies in
writing to the Secretary that the
generator will ship the mercury to a
designated facility when the Secretary
is able to accept the mercury;
(iii) the generator certifies in
writing to the Secretary that the
generator is storing only mercury the
generator has produced or recovered
onsite and will not sell, or otherwise
place into commerce, the mercury; and
(iv) the generator has obtained an
identification number under section
262.12 of title 40, Code of Federal
Regulations, and complies with the
requirements described in paragraphs
(1) through (4) of section 262.34(a) of
title 40, Code of Federal Regulations
(as in effect on the date of enactment
of this subparagraph).
(E) Management standards for temporary
storage.--Not later than January 1, 2017, the
Secretary, after consultation with the
Administrator of the Environmental Protection
Agency and State agencies in affected States,
shall develop and make available guidance that
establishes procedures and standards for the
management and short-term storage of elemental
mercury at a generator covered under
subparagraph (D), including requirements to
ensure appropriate use of flasks or other
suitable containers. Such procedures and
standards shall be protective of health and the
environment and shall ensure that the elemental
mercury is stored in a safe, secure, and
effective manner. A generator may accumulate
mercury in accordance with subparagraph (D)
immediately upon enactment of this
subparagraph, and notwithstanding that guidance
called for by this paragraph has not been
developed or made available.
(h) Study.--Not later than July 1, 2014, the Secretary shall
transmit to the Congress the results of a study, conducted in
consultation with the Administrator of the Environmental
Protection Agency, that--
(1) determines the impact of the long-term storage
program under this section on mercury recycling; and
(2) includes proposals, if necessary, to mitigate any
negative impact identified under paragraph (1).
* * * * * * *
Appropriations Not Authorized by Law
Pursuant to clause 3(f) 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:
(thousand dollars)
----------------------------------------------------------------------------------------------------------------
Appropriation in
Agency/Program Last Year of Authorization Last Year of Net Appropriation
Authorization Level Authorization in this Bill
----------------------------------------------------------------------------------------------------------------
Corps FUSRAP........................ ................. ................. ................. 155,000
EERE Program Direction.............. 2006 110,500 164,198 163,521
EERE Weatherization Activities...... 2012 1,400,000 68,000 293,500
EERE State Energy Programs.......... 2012 125,000 50,000 70,000
Nuclear Energy...................... 2009 495,000 792,000 1,317,808
Nuclear Energy Infrastructure and 2009 145,000 245,000 319,000
Facilities.........................
Fossil Energy....................... 2009 641,000 727,320 740,000
Naval Petroleum and Oil Shale 2019 10,000 10,000 14,000
Reserves...........................
Strategic Petroleum Reserve......... 2003 not specified 172,856 214,000
Northeast Home Heating Oil Reserve.. 2003 not specified 6,000 10,000
Energy Information Administration... 1984 not specified 55,870 128,000
Office of Science................... 2013 6,007,000 4,876,000 6,870,000
Advanced Technology Vehicle 2012 not specified 6,000 5,000
Manufacturing Program..............
Non-Defense Environmental Cleanup:
West Valley Demonstration....... 1981 5,000 5,000 75,215
Departmental Administration......... 1984 246,963 185,682 171,000
Atomic Energy Defense Activities:
National Nuclear Security
Administration:................
Weapons Activities.......... 2019 11,192,664 11,100,000 11,760,800
Defense Nuclear 2019 1,847,429 1,930,000 2,079,930
Nonproliferation...........
Naval Reactors.............. 2019 1,788,618 1,788,618 1,628,551
Federal Salaries and 2019 404,529 410,000 425,000
Expenses...................
Defense Environmental Cleanup....... 2018 5,440,106 5,988,048 5,993,650
Other Defense Activities............ 2018 816,000 840,000 901,261
Defense Nuclear Waste Disposal.. 2018 30,000 0 0
Power Marketing Administrations:
Southwestern.................... 1984 40,254 36,229 10,400
Western Area.................... 1984 259,700 194,630 89,196
Federal Energy Regulatory Commission 1984 not specified 29,582 0
Defense Nuclear Facilities Safety 2018 30,600 31,000 31,000
Board..............................
Delta Regional Authority............ 2018 30,000 25,000 15,000
Northern Border Regional Commission. 2018 30,000 15,000 22,000
Southeast Crescent Regional 2018 30,000 250 250
Commission.........................
Nuclear Regulatory Commission....... 1985 460,000 448,200 130,032
----------------------------------------------------------------------------------------------------------------
\1\ Program was initiated in 1972 and has never received a separate authorization.
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: Western Area Power Administration....... 176,000
Comparison With Budget Resolution
Section 308(a)(1)(A) of the Congressional Budget Act of
1974 (P.L. 93-344), as amended, requires the report
accompanying a bill providing new budget authority to contain a
statement comparing the levels in the bill to the
suballocations submitted under section 302(b) of the Act for
the most recently agreed to concurrent resolution on the budget
for the applicable fiscal year.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill
with Committee allocations to its
subcommittee: Subcommittee on
Energy and Water Development, and
Related Agencies
Discretionary................... 46,413 44,800 46,413 44,659
Mandatory....................... 0 0 0\1\ 0
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated
with the recommendation:
2020............................ ................. ................. ................. \1\25,943
2021............................ ................. ................. ................. 13,112
2022............................ ................. ................. ................. 5,286
2023............................ ................. ................. ................. 1,148
2024 and future years........... ................. ................. ................. 727
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Financial Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 183\1\ 0
governments for 2020...................
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
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, 2020:
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on February 7, 2019,
entitled ``Energy Trends and Outlook.'' The Subcommittee
received testimony from:
The Honorable Linda Capuano Administrator, Energy
Information Administration
Dr. Jay Hakes, Author of A Declaration of Energy
Independence, Former Administrator, Energy Information
Administration
Ethan Zindler, Head of Americas and Policy Analysis,
Bloomberg New Energy Finance
Amy Myers Jaffe, Program Director for Energy Security and
Climate Change, Council on Foreign Relations
Matt Sonnesyn, Vice President for Infrastructure, Energy, &
Environment, Business Roundtable
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on February 13,
2019, entitled ``Department of Energy's Weatherization
Assistance Program.'' The Subcommittee received testimony from:
Annamaria Garcia, Director, Weatherization and
Intergovernmental Programs, U.S. Department of Energy
Michael Furze, Assistant Director, Energy Division,
Washington State Department of Commerce
Amy Klusmeier, Director, Weatherization Assistance Program,
National Association for State Community Services Program
Terry Jacobs, Housing and Energy Director, Great Lakes
Community Action Partnership
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on March 7, 2019,
entitled ``Energy Workforce Opportunities and Challenges.'' The
Subcommittee received testimony from:
Morgan Smith, Chief Executive Officer, Consolidated Nuclear
Security, LLC
Dr. Noel Bakhtian, Director, Center for Advanced Energy
Studies
Sloane Evans, Center for Energy Workforce Development and
Senior Vice President, Georgia Power & Southern Company
Donnie Colston, Director of Utility Departments,
International Brotherhood of Electrical Workers
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 26, 2019,
entitled ``Department of Energy's Budget Request for Fiscal
Year 2020.'' The Subcommittee received testimony from:
The Honorable Rick Perry, Secretary of the Department of
Energy
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on March 27, 2019,
entitled ``U.S. Army Corps of Engineers and Bureau of
Reclamation's Budget Request for Fiscal Year 2020.'' The
Subcommittee received testimony from:
The Honorable R.D. James, Assistant Secretary of the Army
for Civil Works, U.S. Army Corps of Engineers
Lt. Gen. Todd Semonite, Commanding General and Chief of
Engineers, U.S. Army Corps of Engineers
The Honorable Timothy Petty, Assistant Secretary for Water
and Science, U.S. 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 April 2, 2019,
entitled ``Department of Energy, National Nuclear Security
Administration's Budget Request for Fiscal Year 2020.'' 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 April 3, 2019,
entitled ``Department of Energy's FY 2020 Budget Request Under
Secretaries of Energy for Energy and Science.'' The
Subcommittee received testimony from:
The Honorable Mark W. Menezes, Under Secretary of Energy,
U.S. Department of Energy
The Honorable Paul Dabbar, Under Secretary for Science,
U.S. Department of Energy
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on April 9, 2019
entitled ``Member Day Hearing.'' The Subcommittee received
testimony from:
The Honorable Rick W. Allen, Member of Congress
The Honorable Earl L. ``Buddy'' Carter, Member of Congress
The Honorable TJ Cox, Member of Congress
The Honorable Rodney Davis, Member of Congress
The Honorable Jeff Duncan, Member of Congress
The Honorable Jenniffer Gonzalez-Colon, Member of Congress
The Honorable Kay Granger, Member of Congress
The Honorable Garret Graves, Member of Congress
The Honorable H. Morgan Griffith, Member of Congress
The Honorable Jim Hagedorn, Member of Congress
The Honorable Mike Johnson, Member of Congress
The Honorable Conor Lamb, Member of Congress
The Honorable Brian J. Mast, Member of Congress
The Honorable Jerry McNerney, Member of Congress
The Honorable Debbie Mucarsel-Powell, Member of Congress
The Honorable Tom O'Halleran, Member of Congress
The Honorable Pete Olson, Member of Congress
The Honorable Scott H. Peters, Member of Congress
The Honorable Raul Ruiz, Member of Congress
The Honorable Steve Scalise, Member of Congress
The Honorable John Shimkus, Member of Congress
The Honorable Dina Titus, Member of Congress
The Honorable Fred Upton, Member of Congress
The Honorable Joe Wilson, Member of Congress
The Honorable Robert J. Wittman, Member of Congress
MINORITY VIEWS
As reported by the Committee, the Energy and Water
Development and Related Agencies Appropriations bill for fiscal
year 2020 provides a total of $46,413,000,000 for the programs
within the bill. Of this amount, total defense funding is
$23,113,000,000, a reduction of $107,098,000 below the budget
request and an increase of $673,000,000 above fiscal year 2019,
and total non-defense funding is $23,300,000,000, an increase
of $8,461,056,000 above the budget request and $1,100,000,000
above fiscal year 2019. We appreciate the efforts of the
Majority to address issues of importance to Members of both
sides of the aisle in the bill and 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 investments in our nation's water
resources infrastructure, including harbor maintenance
activities, flood and storm damage reduction efforts, and
critical water storage projects. With Republican support, the
manager's amendment incorporated a recently-submitted budget
amendment by increasing funding for Everglades Restoration. The
bill provides 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. While we support all
of these programs, the appropriateness of specific funding
levels depends on the broader budgetary backdrop.
We are troubled that the Majority party's budget framework
does not reflect a bipartisan, bicameral agreement. That
framework puts the Federal government on track to add to the
national debt when it is already more than $22,000,000,000,000.
In addition, the Majority framework continues the misguided
notion that increases to defense spending must be matched or
exceeded by increases to non-defense spending. It supports more
than twice as much additional funding in fiscal year 2020 for
non-defense programs as for defense programs. In the Energy and
Water Development bill specifically, a bill that was roughly
half defense and half non-defense spending in fiscal year 2019,
the increase for non-defense programs is more than one and one-
half-times the increase for defense programs.
We need to come together with the Senate and the
Administration to reach an agreement on the topline funding
level before we allocate funding among the various
appropriations bills. We should see how the Energy and Water
Development bill fits into the larger picture before moving
forward.
In addition to overall funding concerns, Republican Members
of the Committee were disappointed by certain policy provisions
and funding decisions made within the bill. House Republicans
will continue to work to address these issues as the
appropriations process continues.
Reflective of the Majority's disproportionate increase for
non-defense funding compared to defense funding, the bill does
not sufficiently prioritize funding for nuclear weapons
activities. We must uphold our nation's strong nuclear
deterrence posture, and to do that, we must adequately fund the
activities necessary to maintain a safe, reliable, and
effective stockpile. Yet the bill is $647,000,000 below the
budget request for Weapons Activities, including a reduction of
$406,919,000 for Directed Stockpile Work.
With respect to non-defense programs, the Majority has
stated an intent to focus on technologies to address climate
change. The Subcommittee held several hearings at which
witnesses and Members of both parties discussed the necessity
of advanced nuclear technologies in any kind of low-carbon
energy future. Yet the bill leaves nuclear energy research and
development funding essentially flat.
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 WIIN Act water storage projects. We are
disappointed, however, with the Majority's decision to throw
away opportunities to enhance water security in the drought-
prone West. The Shasta Dam and Reservoir Enlargement project
was recommended by the Department of the Interior to receive
previously-appropriated funding under the WIIN Act. The
Majority, however, chose to exclude this project from the bill,
and an amendment by Congressman Calvert to add the project to
the bill was defeated on a party-line vote.
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. Funding for interim
storage alone cannot solve the issue of nuclear waste disposal,
especially since current law strictly limits federal action in
this area. Additionally, interim storage locations will be much
more difficult to site if there are no assurances of permanent
disposal, as the interim sites would become de facto permanent
sites. Continuing the Yucca Mountain licensing process is a
necessary step in establishing a permanent repository for our
nation's defense and commercial nuclear waste.
Currently, spent nuclear fuel and high-level radioactive
waste is temporarily stored at 121 locations across 39 states.
While these locations provide safe storage, they were never
intended to be permanent. This material needs to be relocated
to a more secure, safe, and permanent facility. Continuing--and
completing--the licensing process is how we ensure an
authoritative scientific decision, not a political decision, on
the safety of Yucca Mountain.
Over the past few decades, electricity customers across the
country have paid roughly $41 billion, with accrued interest,
into the Nuclear Waste Fund for permanent disposal of nuclear
waste. Due to the political decision to halt advancement of a
permanent repository, however, it is taxpayers who currently
are paying approximately $2.2 million per day--more than $800
million per year--to cover the costs of temporary, on-site
storage.
An amendment by Subcommittee Ranking Member Mike Simpson
proposed funding for the Department of Energy and the Nuclear
Regulatory Commission to continue the licensing process. We
were pleased to see four of our Democratic colleagues support
the amendment. We had hoped for broader support since just last
year 340 Members of the House, including 16 Members currently
serving on the other side of the aisle on this Committee, voted
to approve H.R. 3053 to jumpstart the Yucca Mountain project.
Although the amendment did not pass, we will continue to work
with Members on both sides of the aisle to address this issue
as the appropriations process continues. It is beyond time we
complete the Yucca Mountain license application process. The
public deserves answers on the long-term safety of the Yucca
site.
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 long-
standing 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.