[House Report 117-394]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {       117-394

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

 
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2023

                                _______
                                

 June 30, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 8255]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2023, and for other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Introduction...............................................
                                                                      5
I. Department of Defense--Civil:
        Corps of Engineers--Civil..........................     2
                                                                     10
                Investigations.............................     2
                                                                     17
                Construction...............................     3
                                                                     27
                Mississippi River and Tributaries..........     4
                                                                     38
                Operation and Maintenance..................     4
                                                                     41
                Regulatory Program.........................     6
                                                                     70
                Formerly Utilized Sites Remedial Action 
                    Program................................     6
                                                                     70
                Flood Control and Coastal Emergencies......     6
                                                                     71
                Expenses...................................     7
                                                                     71
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     8
                                                                     71
                Water Infrastructure Finance and Innovation 
                    Program................................     8
                                                                     72
        General Provisions.................................     9
                                                                     73
II. Department of the Interior:
        Central Utah Project...............................    14
                                                                     73
                Central Utah Project Completion Account....    14
                                                                     73
        Bureau of Reclamation:
                Water and Related Resources................    15
                                                                     75
                Central Valley Project Restoration Fund....    17
                                                                     88
                California Bay-Delta Restoration...........    18
                                                                     88
                Policy and Administration..................    18
                                                                     88
        General Provisions.................................    19
                                                                     89
III. Department of Energy:
        Introduction.......................................
                                                                     89
        Committee Recommendations..........................
                                                                     89
        Energy Programs:
                Energy Efficiency and Renewable Energy.....    24
                                                                    101
                Cybersecurity, Energy Security, and 
                    Emergency Response.....................    24
                                                                    125
                Electricity................................    25
                                                                    127
                Nuclear Energy.............................    25
                                                                    131
                Fossil Energy Research and Development.....    26
                                                                    136
                Energy Projects............................    27
                                                                    142
                Naval Petroleum and Oil Shale Reserves.....    27
                                                                    146
                Strategic Petroleum Reserve................    27
                                                                    146
                SPR Petroleum Account......................    28
                                                                    146
                Northeast Home Heating Oil Reserve.........    28
                                                                    147
                Energy Information Administration..........    28
                                                                    147
                Non-Defense Environmental Cleanup..........    29
                                                                    147
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    29
                                                                    148
                Science....................................    30
                                                                    148
                Nuclear Waste Disposal.....................    30
                                                                    157
                Technology Transitions.....................    31
                                                                    157
                Clean Energy Demonstrations................    31
                                                                    158
                Defense Production Act Domestic Clean 
                    Energy Accelerator.....................    31
                                                                    158
                Advanced Research Projects Agency--Energy..    32
                                                                    159
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    32
                                                                    159
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    34
                                                                    160
                Tribal Energy Loan Guarantee Program.......    34
                                                                    160
                Indian Energy Policy and Programs..........    35
                                                                    160
                Departmental Administration................    35
                                                                    161
                Office of the Inspector General............    36
                                                                    164
        Atomic Energy Defense Activities:
        National Nuclear Security Administration:
                Weapons Activities.........................    36
                                                                    165
                Defense Nuclear Nonproliferation...........    37
                                                                    168
                Naval Reactors.............................    37
                                                                    169
                Federal Salaries and Expenses..............    38
                                                                    169
        Environmental and Other Defense Activities:
                Defense Environmental Cleanup..............    38
                                                                    170
                Defense Uranium Enrichment Decontamination 
                    and Decommissioning....................    39
                                                                    172
                Other Defense Activities...................    39
                                                                    172
        Power Marketing Administrations:
                Bonneville Power Administration............    40
                                                                    173
                Southeastern Power Administration..........    40
                                                                    173
                Southwestern Power Administration..........    41
                                                                    173
                Western Area Power Administration..........    43
                                                                    174
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    44
                                                                    174
        Federal Energy Regulatory Commission...............    46
                                                                    174
        Committee Recommendation...........................
                                                                    175
        General Provisions.................................    47
                                                                    224
IV. Independent Agencies:
        Appalachian Regional Commission....................    56
                                                                    224
        Defense Nuclear Facilities Safety Board............    57
                                                                    225
        Delta Regional Authority...........................    57
                                                                    226
        Denali Commission..................................    57
                                                                    227
        Northern Border Regional Commission................    58
                                                                    227
        Southeast Crescent Regional Commission.............    59
                                                                    228
        Southwest Border Regional Commission...............    59
                                                                    229
        Nuclear Regulatory Commission......................    59
                                                                    229
        Nuclear Waste Technical Review Board...............    61
                                                                    231
        General Provisions.................................    61
                                                                    232
V. General Provisions......................................    63
                                                                    232
        House of Representatives Report Requirements.......
                                                                    232

                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2023. The following table summarizes appropriations for 
fiscal year 2022, the budget estimates, and amounts recommended 
in the bill for fiscal year 2023.

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations bill for fiscal year 2023 totals 
$56,275,000,000, $3,403,000,000 above fiscal year 2022.
    Title I of the bill provides $8,888,690,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, 
$545,690,000 above fiscal year 2022 and $2,287,690,000 above 
the budget request. The bill makes use of the adjustments 
provided in Public Law 116-136 and Public Law 116-260 regarding 
the Harbor Maintenance Trust Fund and section 2106(c) of the 
Water Resources Reform and Development Act of 2014. Total 
funding activities eligible for reimbursement from the Harbor 
Maintenance Trust Fund (HMTF) are estimated at $2,318,000,000, 
$268,708,000 above fiscal year 2022 and $592,000,000 above the 
budget request.
    Title II provides $1,913,950,000 for the Department of the 
Interior and the Bureau of Reclamation, $479,725,000 above the 
budget request. The Committee recommends $1,890,950,000 for the 
Bureau of Reclamation, $476,725,000 above the budget request. 
The Committee recommends $23,000,000 for the Central Utah 
Project, equal to fiscal year 2022 and $3,000,000 above the 
budget request.
    Title III provides $48,190,405,000 for the Department of 
Energy, $3,334,781,000 above fiscal year 2022. Funding for 
energy programs within the Department of Energy, which includes 
basic science research and the applied energy programs, is 
$18,273,376,000. The Committee recommends $8,000,000,000 for 
the Office of Science; $4,000,000,000 for Energy Efficiency and 
Renewable Energy; $205,000,000 for Cybersecurity, Energy 
Security, and Emergency Response; $350,000,000 for Electricity; 
$1,779,800,000 for Nuclear Energy; $880,000,000 for Fossil 
Energy and Carbon Management; and $550,000,000 for the Advanced 
Research Projects Agency--Energy.
    Funding for the National Nuclear Security Administration 
(NNSA), which includes Weapons Activities, Defense Nuclear 
Nonproliferation, Naval Reactors, and Federal Salaries and 
Expenses, is $21,232,065,000.
    Environmental Management activities--Non-defense 
Environmental Cleanup, Uranium Enrichment Decontamination and 
Decommissioning, and Defense Environmental Cleanup--are funded 
at $7,879,705,000.
    The net amount appropriated for the Power Marketing 
Administrations is provided at the requested levels.
    Title IV provides $521,046,000 for several Independent 
Agencies, $67,546,000 above fiscal year 2022. Net funding for 
the Nuclear Regulatory Commission is $137,000,000, $6,000,000 
above fiscal year 2022 and equal to 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 for applied energy research, development, and 
demonstration activities to improve and extend the performance 
of existing energy sources and accelerate the adoption of new 
clean energy technologies. The recommendation also recognizes 
the importance of the federal government's responsibility to 
clean up the legacy of five decades of nuclear weapons 
production and government-sponsored nuclear energy research, 
and the recommendation takes steps forward to address spent 
nuclear fuel.

                         National Energy Policy

    The Department of Energy and its national laboratory system 
have helped to lay the foundation for the technological 
advances to increase energy security, reduce greenhouse gas 
emissions to address climate change, and drive today's energy 
markets. 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 
enhance domestic energy security, address climate change, and 
assist as the energy market continues to transition to cleaner 
technologies, the Department's support for research, 
development, and demonstration in all clean energy sources 
remains critical. According to the International Energy Agency, 
reaching net-zero emissions by 2050 will not be achievable 
without a major acceleration in clean energy innovation. While 
it is imperative that the nation deploys clean energy 
technologies currently available on the market today, 
additional innovation is critical to ensuring the nation 
develops the technologies required for the coming decades to 
further reduce emissions.
    The Committee provides funding in support of an energy 
strategy designed to enhance domestic energy security, mitigate 
and adapt to climate change, create jobs, and increase economic 
prosperity. Funding for renewable energy sources and energy 
efficiency technologies supports continued investments in 
research, development, and demonstration to advance 
technological innovations that save consumers money, reduce 
carbon pollution, and increase U.S. competitiveness for the 
energy sector of the future. Funding for fossil and nuclear 
sources is targeted to ensure the safe, efficient, and 
environmentally sound use of these energy sources.
    The success of these technologies depends on a reliable and 
resilient electric grid infrastructure. The nation's electric 
grid was built to handle a different energy reality than the 
one we face today. Cyberattacks, frequent extreme weather 
events caused by climate change, and an increasing diversity of 
energy sources must be addressed to guarantee the continued 
operation of the electric grid. The Committee provides strong 
support to ensure the nation's electric grid remains secure, 
resilient, and ready to incorporate new technologies, 
particularly those that mitigate and adapt to climate change.
    The Committee continues its long-standing support for the 
investment of taxpayer funds across the spectrum of all clean 
energy technologies. A national energy policy can only be 
successful if it maintains stability while planning for long-
term strategic goals of energy security, building the future 
through science and clean energy, and economic prosperity for 
the nation. The Committee makes strategic choices, recommending 
a balanced approach to advance research, development, and 
demonstration in energy technologies that can address climate 
change, save money for consumers, and support a resilient 
electric grid.

                     Investments in Infrastructure

    America's ports, inland waterways, locks, and dams serve as 
economic lifelines for many communities across the nation. The 
water delivered to municipal, industrial, and agricultural 
users contributes to America's economy. The water resource 
infrastructure funded by the recommendation is a critical 
component of ensuring a robust national economy and supporting 
American competitiveness in international markets.
    The agencies funded in this bill are also on the front 
lines of the federal response to climate change. A changing 
climate and increasing variability in weather patterns across 
the United States is already impacting water infrastructure, 
often with catastrophic results. The 2021 hurricane season had 
21 named storms, an above-average hurricane season, while the 
West continued to experience exceptional drought and a record-
breaking wildfire season. 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 
must 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 an 
estimated $4.6 trillion of economic activity annually and 
supports employment for 23 million people. As the agency 
responsible for the nation's federal waterways, the Corps 
maintains 1,072 harbors and 25,000 miles of commercial channels 
serving 45 states. The maintenance of these commercial 
waterways is directly tied to the ability of the nation to ship 
manufactured and bulk products, as well as to compete with the 
ports of neighboring countries for the business of ships 
arriving from around the world. As a primary supporter of 
America's waterway infrastructure, the Corps ensures that the 
nation has the tools to maintain a competitive edge in the 
global market. This recommendation makes key changes to the 
budget request to ensure that the Corps has the resources to 
continue to support America's navigation infrastructure.
    The flood protection infrastructure that the Corps builds 
or maintains reduces the risk of flooding to people, 
businesses, and other public infrastructure investments. In 
fact, the average annual damages prevented by Corps projects 
over fiscal years 2011-2020 was $138,400,000,000. Between 1928 
and 2020, each inflation-adjusted dollar invested in these 
projects prevented $12.26 in damages. This infrastructure 
protects properties and investments by preventing the 
destruction of homes, businesses, and many valuable acres of 
cropland from flooding.
    Reclamation's infrastructure is a critical component of the 
agricultural productivity of the nation and supplies water to 
more than 31 million people for municipal, rural, residential, 
and industrial uses. These facilities deliver water to one in 
every five western farmers resulting in more than 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 $2,500,000,000 annually.

                       National Defense Programs

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

                        Congressional Direction

    Program, Project, or Activity.--The term ``program, 
project, or activity'' shall include the most specific level of 
budget items identified in the Energy and Water Development and 
Related Agencies Appropriations Act, 2022 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 2024 budget justification: 
expenditures for fiscal year 2022 and expected expenditures for 
fiscal year 2024, 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 encourages the 
Corps, Reclamation, and Bonneville Power Administration to 
continue to work together on cost allocation issues for 
projects within the Federal Columbia River Power System, 
including resolving policy discrepancies among the agencies.
    Predispute Nondisclosure and Nondisparagement Clauses.--The 
Committee recognizes that harassment, including sexual 
harassment and assault, continue to be pervasive in the 
workplace, and that the use of predispute nondisclosure and 
nondisparagement clauses as conditions of employment can 
perpetuate illegal conduct by silencing survivors and shielding 
perpetrators. The Committee directs the agencies funded in this 
Act to assess the prevalence of predispute nondisclosure and 
nondisparagement clauses in employment contracts used by 
contractors and grantees receiving federal funds and provide to 
the Committee not later than 180 days after enactment of this 
Act a briefing on the results of the assessment. The Committee 
further directs agencies funded in this Act to include 
proposals in their fiscal year 2024 budget request to eliminate 
the use of grants and contracts to employers that use this 
practice.
    Federal Law Enforcement.--The explanatory statement that 
accompanied the Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2022 directed the Attorney General 
to ensure implementation of evidence-based training programs on 
de-escalation, the use-of force, and the protection of civil 
rights, that are broadly applicable and scalable to all federal 
law enforcement agencies. Several agencies funded by this Act 
employ federal law enforcement officers and are Federal Law 
Enforcement Training Centers partner organizations. These 
agencies are again directed to consult with the Attorney 
General regarding the implementation of these programs for 
their law enforcement officers. The Committee further directs 
such agencies to submit a report to the Committee on their 
efforts relating to such implementation not later than 90 days 
after consultation with the Attorney General. In addition, the 
Committee continues to direct such agencies to the extent that 
they are not already participating, to consult with the 
Attorney General and the Director of the FBI regarding 
participation in the National Use-of-Force Data Collection. The 
Committee further directs such agencies to submit a report to 
the Committee not later than 180 days after enactment of this 
Act on their efforts to so participate.
    Lithium-ion Battery Technology.--The Committee recognizes 
that battery metals are a critical resource for domestic 
manufacturing and supporting the U.S. supply chain and that 
other countries are investing funds to grow their own lithium-
ion battery supply chains. In order to effectively compete 
internationally, the United States must accelerate current 
lithium production and the pursuit of future production to 
support national security and other applications, including 
electric vehicle manufacturing. The Committee urges the 
Department of Energy and the Corps of Engineers to support the 
expeditious development and production of lithium-ion battery 
technology.

                   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 24,000 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 fiscal year 2023 budget request for the Corps proposed 
numerous structural changes, including the creation of two new 
accounts (Harbor Maintenance Trust Fund and Inland Waterways 
Trust Fund); the shifting of various studies and projects among 
accounts and business lines; and the consolidation of certain 
remaining items. The Committee rejects all such proposed 
changes and instead funds all activities in the accounts in 
which funding has traditionally been provided. Unless expressly 
noted, all projects and studies remain at the levels proposed 
in the budget request but may be funded in different accounts. 
In particular:
           Projects proposed for funding in the Harbor 
        Maintenance Trust Fund account in the budget request 
        are funded in the Construction, Mississippi River and 
        Tributaries, and Operation and Maintenance accounts, as 
        appropriate;
           Dredged Material Management Plans, requested 
        in the Investigations account, are funded in the 
        Operation and Maintenance account;
           Disposition studies will continue to be 
        funded under the remaining item Disposition of 
        Completed Projects in the Investigations account;
           Tribal Partnership Studies will continue to 
        be funded under the Tribal Partnership Program 
        remaining item in the Investigations account, and these 
        amounts may be used to cover necessary administrative 
        expenses prior to agreement execution;
           Inspection of Completed Works, Project 
        Condition Surveys, Scheduling of Reservoir Operations 
        and Surveillance of Northern Boundary Waters will 
        continue to be funded under states instead of 
        consolidated into national programs as requested in the 
        Operation and Maintenance account; and
           Dam Safety Modification Studies, requested 
        in the Investigations account, will be funded under the 
        Dam Safety and Seepage/Stability Correction Program 
        remaining item in the Construction account.
    For any fiscal year, if the Corps proposes budget structure 
changes, the budget proposal shall be accompanied by a display 
of the funding request in the traditional budget structure.

              APPORTIONMENT UNDER A CONTINUING RESOLUTION

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

                         DEEP DRAFT NAVIGATION

    The Committee remains mindful of the evolving 
infrastructure needs of the nation's ports. Meeting these 
needs--including deeper drafts to accommodate the move toward 
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.
    Investigation and construction of port projects, including 
the deepening of existing projects, are cost-shared between the 
federal government and non-federal sponsors, often local or 
regional port authorities. The operation and maintenance of 
these projects are federal responsibilities and are funded as 
reimbursements from the Harbor Maintenance Trust Fund (HMTF), 
which is supported by an ad valorem tax on the value of 
imported and domestic cargo. Expenditures from the trust fund 
are subject to annual appropriations. The balance in the HMTF 
at the beginning of fiscal year 2023 is estimated to be 
approximately $9,312,000,000.
    The CARES Act (Public Law 116-136) and the Water Resources 
Development Act (WRDA) of 2020 (Public Law 116-260) made 
certain changes to the methods by which funds from the HMTF are 
treated under discretionary budget rules. The Committee 
provides an estimated $2,318,000,000 in accordance with these 
changes. This funding will enable the Corps to make significant 
progress on the backlog of dredging needs. Additionally, WRDA 
2020 made certain changes to the methods by which funds for 
section 2106(c) of the Water Resources Reform and Development 
Act (WRRDA) of 2014 are treated under discretionary budget 
rules. The Committee provides $56,000,000 for these purposes.

                        INLAND WATERWAYS SYSTEM

    The nation's inland waterways system--consisting of 
approximately 12,000 miles of commercially navigable channels 
and 237 lock chambers--is also essential to supporting the 
national economy. Freight transported on the inland waterways 
system includes a significant portion of the nation's grain 
exports, domestic petroleum and petroleum products, and coal 
used in electricity generation. Much of the physical 
infrastructure of the system is aging, however, and in need of 
improvements. For example, commercial navigation locks 
typically have a design life of 50 years, yet nearly 70 percent 
of these locks in the United States are more than 50 years old, 
with the average age being 65 years old.
    In accordance with WRDA 2020, capital improvements to the 
inland waterways system are generally funded 65 percent from 
the general fund of the Treasury and 35 percent from the Inland 
Waterways Trust Fund (IWTF), while operation and maintenance 
costs are funded 100 percent from the general fund of the 
Treasury. The IWTF is supported by a tax on barge fuel.
    The Corps is directed to take the preparatory steps 
necessary to ensure that new construction projects can be 
initiated as soon as can be supported under a robust capital 
program (i.e., as ongoing projects approach completion). For 
fiscal year 2023, the Committee provides robust funding above 
the budget request from the IWTF for inland waterways projects. 
The Committee recommends funding above the budget request for 
additional operation and maintenance activities on the inland 
waterways.

                      FORMAT OF FUNDING PRIORITIES

    Since the 112th Congress, when congressional earmarks were 
prohibited, the Administration amassed enormous control of the 
direction of the nation's water resources infrastructure. In 
doing so, the Administration often ignored congressional 
directives, inserted its own policies in place of the law, and 
turned a blind eye toward many water resources needs at the 
local level.
    Accordingly, this recommendation includes Community Project 
Funding requested by Members of Congress to meet urgent needs 
across the United States. Community Project Funding has been 
included in this recommendation in the Investigations, 
Construction, Mississippi River and Tributaries, and Operation 
and Maintenance accounts in a manner that adheres to the Rules 
of the House of Representatives and the increased transparency 
and accountability standards put in place by the Committee.
    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 in some accounts 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 
the 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.
    For additional funding, the executive branch retains 
discretion over project-specific allocation decisions within 
the additional funds provided, subject to only the direction 
here and under the heading ``Additional Funding'' or 
``Additional Funding for Ongoing Work'' within each of the 
Investigations, Construction, Mississippi River and 
Tributaries, and Operation and Maintenance accounts. A study or 
project may not be excluded from consideration for funding for 
being ``inconsistent with Administration policy.'' The 
Administration is reminded that these funds are in addition to 
the budget request, and Administration budget metrics shall not 
be a reason to disqualify a study or project from being funded.
    The Committee remains concerned that the Administration has 
implied, either implicitly or explicitly, to non-federal 
sponsors that chances of being included in a budget request or 
work plan increase with the amount of funding a non-federal 
sponsor can bring to a project. Therefore, the Administration 
is reminded that voluntary funding in excess of legally 
required cost shares for studies and projects is acceptable but 
shall not be used as a criterion for inclusion in the budget 
request, or for allocating the additional funding provided.
    It is expected that all the additional funding provided by 
this Act will be allocated to specific programs, projects, or 
activities. The focus of the allocation process shall favor the 
obligation, rather than expenditure, of funds. Additionally, 
the Administration shall consider the extent to which the Corps 
is able to obligate funds as it allocates the additional 
funding.
    The Corps shall evaluate all studies and projects only 
within accounts and categories consistent with previous 
congressional funding.
    A project or study shall be eligible for additional funding 
within the Investigations, Construction, and Mississippi River 
and Tributaries accounts if: (1) it has received funding, other 
than through a reprogramming, in at least one of the previous 
three fiscal years; or (2) it was previously funded and could 
reach a significant milestone, complete a discrete element of 
work, or produce significant outputs in fiscal year 2023. 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 2023 and the specific reasons each study or project was 
considered as being less competitive for an allocation of 
funds.

                               NEW STARTS

    The passage of the WRDA 2020 presents the Committee with 
the challenge of considerable demand for new water resources 
projects. The Committee supports a move to a new generation of 
projects that address the challenges faced by local 
communities, although there remain many projects authorized in 
prior WRDAs that have yet to receive funding. In recognition of 
this need, the Committee includes the three new start 
Investigations and Mississippi River and Tributaries study 
projects proposed in the budget request. The Committee also 
includes a limited number of additional new starts in the 
Investigations account. No further new starts are provided for 
in this Act.
    While there remains significant need for new investments in 
water resources projects, decisions regarding the processes by 
which projects may be made eligible for funding or the manner 
in which projects are funded can only be made by the Committee 
on Appropriations.
    There continues to be confusion regarding the executive 
branch's policies and guidelines regarding which studies and 
projects require new start designations. Therefore, the Corps 
is directed to notify the Committee at least seven days prior 
to execution of an agreement for construction of any project 
except environmental infrastructure projects and projects under 
the Continuing Authorities Program. Additionally, the Committee 
reiterates and clarifies previous congressional direction as 
follows. Neither study nor construction activities related to 
individual projects authorized under section 1037 of the WRRDA 
of 2014 shall require a new start or new investment decision; 
these activities shall be considered ongoing work. No new start 
or new investment decision shall be required when moving from 
feasibility to preconstruction engineering and design (PED). 
The initiation of construction of an individually authorized 
project funded within a programmatic line item may not require 
a new start designation provided that some amount of 
construction funding under such programmatic line item was 
appropriated and expended during the previous fiscal year. No 
new start or new investment decision shall be required to 
initiate work on a separable element of a project when 
construction of one or more separable elements of that project 
was initiated previously; it shall be considered ongoing work. 
A new construction start shall not be required for work 
undertaken to correct a design deficiency on an existing 
federal project; it shall be considered ongoing work.
    During the budget formulation process, the Corps should 
give careful consideration to the out-year budget impacts of 
any studies selected as new starts 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.
    During the budget formulation process, the Corps also shall 
consider the out-year budget impacts of any 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, the 
Corps should include only those that can execute a project cost 
sharing agreement during the upcoming fiscal year.
    The Secretary is directed to submit to the Committee a 
realistic out-year budget scenario along with the budget 
request for any new start proposed in the budget request. It is 
understood that specific budget decisions are made on an annual 
basis and that this scenario is neither a request for nor a 
guarantee of future funding for any project. Nonetheless, this 
scenario shall include an estimate of annual funding for each 
new start utilizing a realistic funding scenario through 
completion of the project, as well as the specific impacts of 
that estimated funding on the ability of the Corps to make 
continued progress on each previously funded construction 
project, including impacts to the optimum timeline and funding 
requirements of the ongoing projects, and on the ability to 
consider initiating new projects in the future. The scenario 
shall assume Construction and Mississippi River and Tributaries 
account funding levels at the average of the past three budget 
requests.

                             INVASIVE CARP

    The Corps is undertaking multiple efforts to stop invasive 
carp from reaching the Great Lakes. The Committee notes that 
Congress authorized a comprehensive suite of measures to 
counter invasive carp at the Brandon Road Lock and Dam, 
critical to keeping invasive carp out of the Chicago Area 
Waterways System, which is the only continuous connection 
between the Great Lakes and Mississippi River basins. The 
Committee notes that the Corps' spend plan for fiscal year 2022 
funding provided under the Infrastructure Investment and Jobs 
Act (Public Law 117-58) included $225,838,000 to initiate 
construction of the Brandon Road Lock and Dam, Aquatic Nuisance 
Species Barrier project. Further, the Committee appreciates 
that the fiscal year 2023 budget request includes $47,880,500 
for the project to continue this important effort.
    As the Corps prioritizes projects, it shall consider 
critical projects to prevent the spread of invasive species. 
The Corps is directed to provide to the Committee quarterly 
updates on the progress and status of efforts to prevent the 
further spread of invasive carp, including the Brandon Road 
Recommended Plan and the second array at the Chicago Sanitary 
and Ship Canal; the location and density of carp populations; 
the use of emergency procedures previously authorized by 
Congress; the development, consideration, and implementation of 
new technological and structural countermeasures; and progress 
on PED work.
    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 Invasive Carp Regional Coordinating Committee, 
including identifying navigation protocols that would be 
beneficial or effective in reducing the risk of vessels 
inadvertently carrying aquatic invasive species, including 
invasive carp, through the Brandon Road Lock and Dam in Joliet, 
Illinois. Any findings of such an evaluation shall be included 
in the quarterly briefings to the Committee. The Corps is 
further directed to implement navigation protocols shown to be 
effective at reducing the risk of entrainment without 
jeopardizing the safety of vessels and crews. The Corps and 
other federal and state agencies are conducting ongoing 
research on additional potential invasive carp solutions. The 
Corps is directed to provide to the Committee not later than 30 
days after enactment of this Act a briefing on such navigation 
protocols and potential solutions.

                     AGING WATERWAY INFRASTRUCTURE

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

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2023 
is consistent with congressional direction, to minimize the 
movement of funds, and to improve overall budget execution, the 
Act incorporates by reference the projects and direction 
identified in the report accompanying this Act into statue. 
Further, the Act carries a legislative provision outlining the 
circumstances under which the Corps may reprogram funds. 
Decisions regarding reprogramming limits and processes can only 
be made by the Committee on Appropriations.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $8,888,690,000 for the Corps, 
$545,690,000 above fiscal year 2022 and $2,287,690,000 above 
the budget request.
    A table summarizing the fiscal year 2022 enacted 
appropriation, the fiscal year 2023 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2022 enacted     FY 2023 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations......................................            $143,000            $105,910            $160,000
Construction........................................           2,492,800           1,221,288           2,475,152
Mississippi River and Tributaries...................             370,000             225,000             350,000
Operation and Maintenance...........................           4,570,000           2,599,047           5,150,000
Regulatory Program..................................             212,000             210,000             213,000
FUSRAP..............................................             300,000             250,000             278,338
Flood Control and Coastal Emergencies...............              35,000              35,000              35,000
Expenses............................................             208,000             200,000             215,000
Office of the Assistant Secretary of the Army for                  5,000               5,000               5,000
 Civil Works........................................
Water Infrastructure Finance and Innovation Program.               7,200              10,000               7,200
Harbor Maintenance Trust Fund.......................               - - -           1,726,000               - - -
Inland Waterways Trust Fund.........................               - - -              13,755               - - -
                                                     -----------------------------------------------------------
    Total, Corps of Engineers--Civil................          $8,343,000          $6,601,000          $8,888,690
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2022...................................      $143,000,000
Budget estimate, 2023.................................       105,910,000
Recommended, 2023.....................................       160,000,000
Comparison:
    Appropriation, 2022...............................       +17,000,000
    Budget estimate, 2023.............................       +54,090,000
 

    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:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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 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 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.
    Beattyville, Kentucky.--The Committee is aware of the 
persistent flooding at the nexus of the North and South Forks 
of the Kentucky River near Beattyville, Kentucky. This 
repetitive flooding has caused extensive flooding damage to 
both homes and businesses, brining economic hardship on this 
disadvantaged community. The Corps is encouraged to continue to 
work expeditiously with the non-federal sponsor on plans to 
reduce flooding near Beattyville.
    Chacon Creek, Texas.--The Corps is encouraged to include 
appropriate funding for this project in future budget 
submissions.
    Coordination with Other Water Resource Agencies.--
Additional funds are included for continued collaboration with 
other federal agencies and stakeholders on invasive species 
challenges.
    Disposition of Completed Projects.--The Corps is directed 
to provide to the Committee copies of disposition studies upon 
completion. The Committee rejects the budget request proposal 
to fund a disposition study of the Arkansas Red River Chloride 
Control project and is looking forward to the briefing on this 
project as directed by the fiscal year 2022 Act.
    Fort Bend County, Texas.--The Committee notes that there is 
a threat of flooding from high volumes of stormwater draining 
into Barker Reservoir. The Corps is encouraged to continue to 
work with the non-federal sponsor on plans to mitigate flood 
risk in communities along Barker Reservoir. The Committee looks 
forward to receiving the briefing directed in the fiscal year 
2022 Act.
    Indian Wells Valley Groundwater Basin.--The Committee is 
aware that this groundwater basin, which services communities 
in portions of Kern County, Inyo County, and San Bernardino 
County, as well as the Naval Air Weapons Station China Lake, 
has been deemed in critical overdraft. The Corps is directed to 
coordinate with the Indian Wells Valley Groundwater Authority 
and the base and within its existing authorities, to consider 
and, if appropriate, assist with reducing or eliminating 
overdraft and increasing water supply resiliency, including 
through importation of water into the basin, infrastructure 
planning, and permitting assistance.
    Lake Cypress, Florida.--The Committee continues to be aware 
that high rain totals have created significant sediment flow 
through the Kissimmee Chain of Lakes, resulting in a shoal that 
has expanded in recent years, located at the end of the C-35 
canal in Lake Cypress, Florida. The Committee is concerned over 
reports that the shoal has become a danger to navigation and 
strongly encourages the Corps to coordinate with state and 
local officials on this issue.
    Louisiana Coastal Area Task Force.--The Corps is 
encouraged, as appropriate, to establish the Task Force 
authorized by section 7004 of WRDA 2007 to improve coordination 
of ecosystem restoration in the Louisiana Coastal Area and is 
reminded of the reporting requirement in section 212 of WRDA 
2020 (Public Law 116-260).
    Lower Missouri River Basin Flood Risk and Resiliency 
Study.--The Corps is encouraged to collaborate with outside 
experts, including qualified universities and stakeholders in 
the region, when performing economic analyses and considering 
economic impacts from flooding in the basin, particularly as it 
relates to key industries like agriculture.
    Murrieta Creek, California.--The Committee understands that 
the Corps is proceeding with the General Reevaluation Report 
(GRR) to adopt a cost-effective, justified solution to complete 
this critical flood protection and multi-purpose project, and 
urges the Corps to move forward with this effort expeditiously. 
The Committee also understands that Phase 2B will not be 
reanalyzed in the GRR and urges the Corps to move forward 
expeditiously with construction. Additionally, the Committee 
understands that the Corps is updating the certified cost 
estimate for this project. The Committee is monitoring this 
process and expects the Corps to minimize contingencies 
included in the estimate to the maximum degree practicable.
    Non-Contiguous Regional Sediment Study.--The Committee is 
aware of the effects of rising sea levels on states and 
territories due to climate change. The quantification of 
sediment resources and pathways can provide the engineering 
design guidance necessary to restore these vital coastal 
resources in the most cost-effective manner. Additionally, a 
study of shorelines could assist state and local authorities in 
documenting the historical shift of island shorelines, could 
help in understanding areas of vulnerability, and could be used 
to prioritize areas of interest. The fiscal year 2022 Act 
directed the Corps, within available funds in the National 
Shoreline Management Study remaining item, to conduct a study 
and provide a report not later than one year after enactment on 
how beneficial uses of dredged material for non-contiguous 
states and territories can be applied to mitigate rising sea 
levels, including impacts on sensitive shoreline areas. The 
Corps is directed to provide to the Committee not later than 60 
days after enactment of this Act a briefing on the status of 
this effort.
    Planning Assistance to States, Vulnerable Coastal 
Communities.--The Committee notes the important role the Corps 
plays in managing flood risk and threats from coastal hazards 
and that the Planning Assistance to States program provides in 
assisting with comprehensive plans and technical assistance to 
eligible state, tribal, or U.S. territory partners. The 
Committee encourages the Corps to continue building capacity to 
provide this assistance to vulnerable coastal communities, 
including tribal, Alaskan Native, and Native Hawaiian 
communities. Within funds provided, the Corps is directed to 
prioritize technical assistance to coastally-located federally 
recognized tribes that are actively working to relocate or 
address issues due to continued high lift safety risks from 
flooding and storm surge, or to improve coastal resiliency, 
that include but are not limited to studies, surveys, and rates 
of erosion of land being evaluated for relocation. The 
Committee looks forward to receiving the briefing directed in 
the fiscal year 2022 Act.
    Remote Sensing/Geographic Information System Support.--The 
fiscal year 2020 Act included funding for a pilot effort to 
identify modernization initiatives and recommendations for the 
procurement of advanced integrated GPS and optical surveying 
and mapping equipment. The Committee understands that the pilot 
effort has been completed. The recommendation includes 
$2,100,000 to implement the results of this effort. The 
Committee is concerned that the Corps does not appear to have a 
mechanism in place to modernize this type of equipment 
throughout its Districts, but may encourage contracting out 
related services at a higher cost. The Corps is directed to 
provide to the Committee prior to the obligation of any funds a 
briefing on this effort, to include proposed avenues to 
modernize this type of equipment at Districts nationwide.
    Research and Development.--The Committee encourages the 
Corps to engage in monitored field trials of coastal 
restoration optimized for blue carbon CO2 sequestration. The 
fiscal year 2022 Act directed a briefing on these efforts, and 
the Committee looks forward to receiving it. The recommendation 
provides $4,000,000 to continue the effort of modernizing 
existing Corps coastal and hydraulics models and integrate them 
to make them accessible for use by other agencies, 
universities, and the public. The Corps is encouraged to 
collaborate with Historically Black Colleges and Universities 
as part of this effort. The Corps is also directed to provide 
to the Committee not later than 60 days after enactment of this 
Act a briefing on the status of this effort. The fiscal year 
2022 Act directed the Corps to investigate the presence, 
geochemistry, and potential recovery of rare earth elements in 
dredged materials, and the Committee looks forward to receiving 
this briefing. The Corps is directed to investigate partnering 
with one or more Historically Black Colleges and Universities 
to offer internship opportunities.
    Research and Development, Biopolymers.--The Committee notes 
the importance of earthen infrastructure such as dams and 
levees to support safety, flood control, and water distribution 
systems and notes the value of research into the use of 
biopolymers to rehabilitate these deteriorating structures, 
reduce rehabilitation and maintenance costs, and increase 
resiliency against potential threats. The recommendation 
includes $6,000,000 to continue research activities. It is 
understood that this effort will be completed in fiscal year 
2024.
    Research and Development, Flood and Coastal Systems.--The 
Committee recognizes the importance of ensuring the integrity 
of the nation's flood control systems and employing the most 
effective technologies to identify potential deficiencies in 
these systems. The Committee encourages the Corps to utilize 
partnerships to research and develop advanced technology to 
automate assessment and inspection of flood control systems for 
the purpose of identifying levee deficiencies, such as slope 
instability, settlement and seepage, and ensuring the safety of 
the surrounding areas and communities.
    Research and Development, Manage Emerging Threats and 
Resilience for Flood Control Structures.--The Corps is 
encouraged to research, test, and refine the use of rapid, 
repeatable, and remote methods for long-term monitoring of 
critical water infrastructure and to partner with academia to 
research and manage emerging threats and attain resilience for 
flood control structures.
    Research and Development, Modeling.--Rising sea levels, 
climate change, and human activities continue to impact 
coastlines, rivers, and related habitats. The recommendation 
provides $4,000,000 to support ongoing research into 
geochemical, geophysical, and sedimentological analysis and 
modeling which will help the Corps assess strategies to 
mitigate these changes and to detect and prevent adverse 
consequences of engineering solutions.
    Research and Development, Oyster Reef Restoration.--The 
Committee recognizes the importance of sustainable oyster reefs 
for maintaining healthy ecosystems, protecting coastal 
infrastructure, and supporting commercial fisheries. Recent 
restoration efforts have not achieved the intended success for 
U.S. oyster populations, and the identification of effective 
restoration strategies remains a critical gap. Accordingly, the 
recommendation provides $3,000,000 to continue these 
activities. The Corps is encouraged to continue to develop 
partnerships with research universities to leverage their 
expertise to enhance these activities The Corps is directed to 
provide to the Committee not later than 60 days after enactment 
of this Act a report on the status of this effort.
    Research and Development, Polymer Composites.--The fiscal 
year 2022 Act directed the Corps to provide a proposal for 
investigating the value of incorporating polymer composites 
into infrastructure application in navigable waterways. The 
Committee is awaiting the proposal and directs the Corps to 
provide it not later than 30 days after enactment of this Act. 
The Corps is also encouraged to partner with public 
universities as appropriate to advance this effort.
    Research and Development, Urban Flood Damage Reduction.--
The recommendation includes $3,000,000 for the Corps to 
continue its focus on the management of water resources 
infrastructure and projects that promote public safety, reduce 
risk, improve operational efficiencies, reduce flood damage, 
and sustain the environment. Work should focus on unique 
western U.S. issues like wildfire, rain-on-snow, atmospheric 
rivers effects on flood risk management, and bridging the 
connection between climate change science and engineering 
application for flood risk management, emergency management, 
and ecosystem management. The tools and technologies developed 
under this program should also be applicable to other parts of 
the country.
    Salton Sea, California.--The Committee recognizes the role 
that the Corps plays in the restoration of the Salton Sea and 
encourages the Corps to be an active participant in restoration 
efforts involving federal participation, including the 
California Natural Resources Agency's Salton Sea Management 
Plan. The Committee notes that the fiscal year 2022 Act and the 
Infrastructure Investment and Jobs Act included funding to 
carry out the Imperial Streams Salton Sea study, an aquatic 
ecosystem restoration study on an inland lake with associated 
public health risks. The Committee encourages the Corps to move 
forward expeditiously with this effort.
    Six-State High Plains Ogallala Aquifer Area Study.--The 
Committee recognizes the importance of the 1982 Six-State High 
Plains Ogallala Aquifer Regional Resources Study and associated 
water projects and encourages the Corps to include appropriate 
funding for this study in future budget submissions. The Corps 
is directed to provide not later than 60 days after enactment 
of this Act a briefing on the status of this effort.
    St. Louis Riverfront-Meramec River Basin Ecosystem 
Restoration, Missouri.--The Big River is a main tributary to 
the Meramec River and is listed as impaired with over 55 river 
miles adversely affected by sediment containing cadmium, lead, 
and zinc. This has led to progressive erosion and degradation 
causing harm to multiple disadvantaged communities along the 
river. The authorized project will address stream bank 
restoration, erosion mitigation, and sediment management, and 
the Corps is encouraged to include appropriate funding in 
future budget requests.
    Tampa Harbor, Florida.--The Committee maintains interest in 
the dramatic increase in global post-Panamax vessels utilizing 
Tampa Harbor. Port Tampa Bay is strategically positioned to 
maximize supply chain efficiencies for global maritime goods 
movement and achieve significant environment and safety 
benefits associated with reductions in truck miles, highway 
congestion, and freight carbon pollution. The Committee notes 
that the General Reevaluation Report was funded to completion 
using Infrastructure Investment and Jobs Act funds and 
encourages the Corps to move forward expeditiously with this 
effort.
    Tittabawassee River Watershed.--The Committee recognizes 
the benefits of environment-based mitigation measures such as 
the creation of wetlands, conservation easements, and natural 
floodplains to slow the flow rate of rivers, creeks, and 
streams to mitigate the severity of future floods. The 
Committee encourages the Corps to participate and coordinate as 
a federal stakeholder with the Department of Agriculture, 
Environmental Protection Agency, Federal Emergency Management 
Agency, and National Oceanic and Atmospheric Administration, as 
well as state, local, and tribal governments, and business and 
non-profit stakeholders, on developing and supporting 
conservation and environment-based flood mitigation measures to 
reduce the impact of floods on communities, lives and 
livelihoods within the Tittabawassee River Watershed in the 
Great Lakes Bay Region.
    Upper Mississippi River Basin and Northeast Iowa 
Flooding.--The Committee is aware that flooding is a 
consistent, recurring issue in Northeast Iowa and along the 
entire Upper Mississippi River. The repetitive flooding is 
causing extensive property damage, bank instability, and loss 
of agricultural and recreational value. Within its existing 
authorities, the Corps is encouraged to continue coordinating 
closely with affected communities in this region and to help 
these communities mitigate future flood disasters in this area.

                              CONSTRUCTION

 
 
 
Appropriation, 2022...................................    $2,492,800,000
Budget estimate, 2023.................................     1,221,288,000
Recommended, 2023.....................................     2,475,152,000
Comparison:
    Appropriation, 2022...............................       -17,648,000
    Budget estimate, 2023.............................    +1,253,864,000
 

    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:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Additional Funding.--The recommendation includes additional 
funds for projects and activities to enhance the nation's 
economic growth and international competitiveness.
    Of the additional funding provided in this account for 
environmental restoration or compliance and other authorized 
project purposes, the Corps shall allocate not less than 
$11,900,000 for execution of comprehensive restoration plans 
developed by the Corps for major bodies of water.
    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 continue 
construction of projects that principally address drainage in 
urban areas.
    The Corps is reminded that projects in the non-contiguous 
states and U.S. territories such as those in Hawaii are 
eligible for funding in this account.
    Public Law 117-43 and Public Law 117-58 included funding 
within the Flood Control and Coastal Emergencies account to 
restore authorized shore protection projects to full project 
profile. That funding is expected to address some of the 
current year capability. The recommendation includes 
$40,000,000 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, and projects in 
        areas where there is risk of environmental 
        contamination;
           for mitigation projects, projects with the 
        purpose to address the safety concerns of coastal 
        communities impacted by federal flood control, 
        navigation, and defense projects;
           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, projects that provide backup raw 
        water supply in the event of an emergency, and projects 
        that will provide substantial benefits to water quality 
        improvements.
    The recommendation provides a total of $31,010,000 of 
estimated annual revenues in the IWTF, including those projects 
listed in the ``Projects Listed Under States'' table. The 
Committee understands that the Corps has no additional 
capability for ongoing projects at this time.
    Aquatic Plant Control Program.--Of the additional funding 
provided for the Aquatic Plant Control Program, $16,000,000 
shall be for watercraft inspection stations, as authorized in 
section 104 of the River and Harbor Act of 1958, equally 
distributed to carry out subsections (d)(1)(A)(i), 
(d)(1)(A)(ii), and (d)(1)(A)(iii), $3,000,000 shall be for 
related monitoring, as authorized by section 1170 of the 
America's Water Infrastructure Act of 2018, and $2,000,000 for 
activities related to monitoring, surveying and control of 
hydrilla verticillate and flowering rush. The Corps is 
encouraged to consider work to address and prevent the threat 
of hydrilla infestation within the states of Florida and 
Georgia. Additional funding is also provided for nationwide 
research, and the Corps is encouraged to consider work to 
address invasive aquatic plants in the Northern Everglades 
region. The recommendation also provides $500,000 to continue 
activities authorized under section 509 of WRDA 2020. Prior to 
the obligation of funds, the Corps is directed to provide to 
the Committee a briefing on program implementation. The fiscal 
year 2022 Act directed a briefing on program implementation 
prior to the obligation of those funds, and the Committee is 
still awaiting the briefing.
    Beneficial Use of Dredged Material Pilot Program.--The 
Committee provides $1,366,000 to continue the pilot projects to 
demonstrate the economic benefits and impacts of 
environmentally sustainable maintenance dredging methods that 
provide for ecosystem restoration and resilient protective 
measures. Cost sharing for these projects shall be in 
accordance with subsection (e) of section 1122 of the Water 
Infrastructure Improvements for the Nation (WIIN) Act of 2016 
(Public Law 114-322).
    Chesapeake Bay Comprehensive Water Resources and 
Restoration Plan.--The Committee is supportive of the 
Chesapeake Bay Comprehensive Water Resources and Restoration 
Plan. The Corps is reminded that the Chesapeake Bay 
Environmental Restoration and Protection Program is eligible to 
compete for the additional funding provided in this account, 
and the Corps is encouraged to provide appropriate funding in 
future budget submissions.
    Chesapeake Bay Oyster Recovery, Maryland and Virginia.--The 
Committee is supportive of the Corps' work on the Chesapeake 
Bay Oyster Recovery program and urges the Corps to include 
appropriate funding in future budget submissions for these 
efforts.
    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 $62,300,000. This program provides a useful tool for the 
Corps to undertake small localized projects without the lengthy 
study and authorization process typical of larger Corps 
projects. The management of CAP should continue consistent with 
direction provided in previous fiscal years. Within the section 
1135 CAP authority, and to the extent already authorized by 
law, the Corps is reminded that projects that restore degraded 
wetland habitat and stream habitats impacted by construction of 
Corps levees or channels and projects that will divert 
significant pollutant nutrient runoff from entering wetland 
habitats are eligible to compete for funding.
    Continuing Contracts.--The Corps is authorized by section 
621 of title 33, United States Code to execute its Civil Works 
projects through the use of a Special Continuing Contract 
Clause or Incremental Funding Clause as described in 
Engineering Circulars 11-2-221 and 11-2-222. The Committee 
appreciates the Administration's attention to this issue and 
directs the Administration to continue using its existing 
continuing contract authorities in accordance with the general 
provisions in this Act as an efficient approach to managing 
large, multi-year projects.
    Everglades Agricultural Area.--The Committee recognizes the 
importance of the Everglades Agricultural Area Storage 
Reservoir to South Florida ecosystem restoration and efforts to 
combat harmful algal blooms in the greater Everglades region. 
The Committee urges the Corps to complete this project in a 
timely manner.
    Friendswood, TX.--The Corps is encouraged to continue to 
work with the non-federal sponsor on efforts to reduce flooding 
along Clear Creek in the vicinity of Friendswood, Texas. 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 its efforts.
    Implementation of Projects Receiving Supplemental Funds.--
The Committee continues to have significant concerns with the 
Administration's implementation of funding provided via 
supplemental appropriations Acts. As stated in the fiscal year 
2022 Act, the Committee is troubled by the continued challenges 
with execution, cost overruns, and significant delays in 
completing projects funded under the Bipartisan Budget Act of 
2018 (Public Law 115-123). In addition, the Administration, 
without notice or explanation to Congress, changed its 
interpretation of bill language that had not changed from 
previous supplemental appropriations Acts when allocating 
funding under the Disaster Relief Supplemental Appropriations 
Act of 2022 (DRSAA) (Public Law 117-43). Specifically, it has 
ignored congressional intent that construction projects 
receiving an allocation of funds under DRSAA be funded to 
completion using those funds and that ongoing construction 
projects be completed at full federal expense. The Committee 
recognizes that following a major disaster, non-federal 
sponsors likely do not have funding available to cost-share 
these lifesaving projects according to the normal rules. By 
allocating only incremental funding for some ongoing 
construction projects, the Administration's decision means that 
the non-federal sponsors remain responsible for significant 
costs. Not later than 30 days after enactment of this Act, the 
Administration shall provide to the Committee a briefing on the 
legal and policy justification for the changed interpretation 
of law, plans for completing all construction projects funded 
under DRSAA, and options for addressing cost share issues that 
have arisen as a result of the Administration's decision.
    Lake Isabella, California.--The Committee is aware the 
Corps, in conjunction with the U.S. Forest Service (USFS), is 
in the process of replacing the USFS visitor center at Lake 
Isabella, California, as part of the Isabella Lake Dam Safety 
Modification Project. The Committee notes that discussion on 
this topic began many years ago and urges the Corps to work 
expeditiously with the USFS to bring this effort to fruition. 
The Committee further notes under the current agreement between 
the Corps and the USFS, the USFS is charged with the selecting 
a location for the visitor center. The Committee directs the 
Corps to work with the USFS to expeditiously finalize the site 
location and to undertake all requirements to evaluate, update, 
and finalize any necessary statutorily-required review and 
compliance activities with the goal of commencing construction 
by December 31, 2023, or at the earliest possible date.
    New Program Requested in the Budget Proposal.--The budget 
request includes $50,000,000 for an Innovative Funding 
Partnerships Program to be used along with funds from non-
federal interests ``in excess of the non-federal sponsor's 
statutory cost share requirements'' to accelerate certain 
authorized projects. The Committee is disturbed by this blatant 
attempt to require funding in excess of legally required cost 
share as a criterion for funding decisions, which is contrary 
to long-standing congressional direction. The Committee 
provides no funds for this proposal. The Committee notes, 
however, that any project that could have received funding 
under such a program is eligible to compete for the additional 
funding provided in this account based on the project 
performance criteria described in this report.
    New Savannah Bluff Lock and Dam, Georgia and South 
Carolina.--The Committee maintains interest in the New Savannah 
Bluff Lock and Dam and encourages the Corps to work 
expeditiously toward a resolution that will ensure existing 
water levels are maintained, as required in section 1319 of the 
WIIN Act of 2016.
    Non-Federal Implementation Pilot Program.--The Committee 
recognizes that section 1043 of WRRDA 2014 (Public Law 113-121) 
was reauthorized and amended in WRDA 2020. The Committee 
remains concerned about this pilot program and notes direction 
from the fiscal years 2020, 2021, and 2022 Acts to provide a 
briefing, for which the Committee is still awaiting. The Corps 
is directed to provide to the Committee not later than 15 days 
after enactment of this Act the required briefing.
    Northern Everglades Area, Osceola County, Florida.--The 
Committee notes the importance of water quality in the 
headwaters of the Everglades and the challenge of nutrient 
control due to an increase of algal blooms and hydrilla. The 
Committee encourages the Corps to work with local governments 
to manage harmful algal blooms and hydrilla.
    Pinellas County, Florida.--The Committee notes the 
importance of periodic shoreline restoration and its 
significance for the protection of public safety, public 
infrastructure, native vegetation and wildlife, and the local 
economy. The Committee is aware of the concerns regarding 
perpetual easements along the entire expanse of this project. 
The Committee encourages the Corps to work with local 
governments to incorporate flexibility that allows for 
incremental acquisition of easements necessary for the 
construction of the scheduled nourishment.
    Port of Brownsville Deepening Project, Texas.--The Port of 
Brownsville, Texas, is undergoing a project to deepen the 
channel from 42 to 52 feet. The Committee recognizes that the 
project has a high benefit to cost ratio and an enthusiastic 
non-federal sponsor. The Corps is encouraged to include 
appropriate funding for this project in future budget 
submissions.
    Raritan River Basin, Green Brook Sub-Basin, New Jersey.--
The Corps is encouraged to expeditiously move forward with 
construction of the Lower Basin and Stony Brook portions of the 
project.
    Rehabilitation of Corps of Engineers Constructed Pump 
Stations.--The Corps is directed to expeditiously finalize the 
implementation guidance for section 133 of WRDA 2020 and 
provide to the Committee not later than 60 days after enactment 
of this Act a briefing on the status of this effort.
    River Commissions.--The Congress has made clear its intent 
that the Susquehanna, Delaware, and Potomac River Basin 
Commissions be supported, and the Corps is encouraged to budget 
accordingly in future budget submissions.
    Salton Sea, California.--The Committee encourages the Corps 
to expeditiously move forward to carry out section 3032 of 
Public Law 110-114.
    Soo Locks, Sault Ste. Marie, Michigan.--The Committee is 
aware that the project to build a new Soo Lock has experienced 
significant cost increases that will require additional funds 
to complete the project, despite the Administration's statement 
that Infrastructure Investment and Jobs Act funds would 
complete the project. Given that the Soo Locks are the only 
waterway connection from Lake Superior to the rest of the Lower 
Great Lakes and the St. Lawrence Seaway, a failure at the 
current lock could have a significant impact on national 
security. The Corps is strongly encouraged to move forward 
expeditiously with a plan to provide the necessary 
authorization and funding to complete this critical work and to 
include appropriate funding for these activities in future 
budget submissions.
    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.
    Unified Facilities Guide Specifications.--The Corps is 
encouraged to continue to work with the Air Force and Navy to 
update the criteria included in the Unified Facilities Guide 
Specifications as appropriate. The Corps is encouraged to 
consider using lower carbon building materials, including 
cements such as portland-limestone cement, in order to reduce 
the environmental footprint of infrastructure projects.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2022...................................      $370,000,000
Budget estimate, 2023.................................       225,000,000
Recommended, 2023.....................................       350,000,000
Comparison:
    Appropriation, 2022...............................       -20,000,000
    Budget estimate, 2023.............................      +125,000,000
 

    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:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Additional Funding.--When allocating the additional funding 
provided in this account, the Corps shall consider giving 
priority to completing or accelerating work that will enhance 
the nation's economic development, job growth, and 
international competitiveness or are for studies or projects 
located in areas that have suffered recent natural disasters. 
While this funding is shown under remaining items, the Corps 
shall use these funds in Investigations, Construction, and 
Operation and Maintenance, as applicable.
    Comprehensive Management Studies.--Comprehensive management 
studies that are fully within the boundaries of this account 
are authorized under the requirements, including cost share, of 
the Mississippi River and Tributaries project.
    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.
    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, 2022...................................    $4,570,000,000
Budget estimate, 2023.................................     2,599,047,000
Recommended, 2023.....................................     5,150,000,000
Comparison:
    Appropriation, 2022...............................      +580,000,000
    Budget estimate, 2023.............................    +2,550,953,000
 

    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 nuisance 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:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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;
           dredging projects that would provide 
        supplementary benefits to tributaries and waterways in 
        close proximity to ongoing island replenishment 
        projects;
           ability to address 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.
    Aquatic Nuisance Control Research Program.--The 
recommendation provides $8,000,000 to supplement activities 
related to harmful algal bloom research and control, and the 
Committee directs the Corps to target freshwater ecosystems. 
The Committee is aware of the need to develop next generation 
ecological models to maintain inland and intracoastal waterways 
and provides $5,000,000 for this purpose. The recommendation 
also provides $5,000,000 to continue work on the Harmful Algal 
Bloom Demonstration Program, as authorized by WRDA 2020, and 
the Corps is directed to provide to the Committee not later 
than 60 days after enactment of this Act a briefing on the 
status of this effort. Within additional funds provided, the 
Corps is encouraged to support research that will identify and 
develop improved strategies for early detection, prevention, 
and management techniques and procedures to reduce the 
occurrence and impacts of harmful algal blooms in the nation's 
water resources. The Corps is urged to work collaboratively 
with university partners as appropriate to address these 
issues.
    Asset Management/Facilities Equipment Maintenance 
Program.--The recommendation provides $2,000,000 above the 
budget request to continue research on novel approaches to 
repair and maintenance practices that will increase civil 
infrastructure intelligence and resilience. The Corps is 
directed to provide to the Committee not later than 60 days 
after enactment of this Act a report on the status of this 
effort.
    Chicago Sanitary and Ship Canal Dispersal Barrier.--The 
Committee notes the Chicago Sanitary and Ship Canal (CSSC) 
dispersal barrier at Des Plaines River is a key control 
mechanism for protecting the Great Lakes from invasive carp. 
Over the last decade, the Corps has invested significant 
resources in building a permanent electric barrier on the 
Chicago Area Waterways System. The Committee notes that 
maximizing effectiveness of the CSSC can have significant 
immediate benefits for preventing spread of aquatic invasive 
species into the productive and ecologically diverse Great 
Lakes system.
    Civil Works Water Management System (CWWMS).--Additional 
funding is included for CWWMS Ensemble Forecast Tools for 
incorporation of Forecast-Informed Reservoir Operations.
    Dredging Operations Technical Support Program.--Additional 
funding is included for the further development of the 
Integrated Navigation Analysis and Visualization platform 
related to the operation and maintenance of the U.S. Marine 
Transportation System. The Corps is directed to provide to the 
Committee not later than 90 days after enactment of this Act a 
briefing on the potential need for evaluation of whether deeper 
and wider channels would improve supply chain performance 
throughout the southeast region of the country.
    Emerging Harbor Projects.--The recommendation includes 
funding for individual projects defined as emerging harbor 
projects in section 210(f)(2) of WRDA 1986 that exceeds the 
funding levels envisioned in sections 210(c)(3) and 
210(d)(1)(B)(ii) of WRDA 1986.
    Engineering with Nature.--The recommendation provides 
$20,000,000 for the Engineering With Nature (EWN) initiative. 
Funding under this line item is intended for EWN activities 
having a national or regional scope or that benefit the Corps' 
broader execution of its mission areas. It is not intended to 
replace or preclude the appropriate use of EWN practices using 
project-specific funding or work performed across other Corps 
programs that might involve EWN. The recommendation provides 
$7,500,000 to support research and development of natural 
infrastructure solutions for the nation's bays and estuaries to 
reduce costs, environmental and aesthetic impacts, and improve 
access and health outcomes for the communities, economies, 
ecosystems, and defense installations that concentrate in the 
nation's bays and estuaries. The recommendation also provides 
$5,000,000 to support ongoing research with university partners 
to develop standards, design guidance, and testing protocols to 
improve and standardize nature-based and hybrid infrastructure 
solutions.
    Harmful Algal Bloom and Hypoxia Research and Control Act.--
When Congress passed the Harmful Algal Bloom and Hypoxia 
Research and Control Act (HABHRCA), it created a task force 
intended to coordinate the federal response to harmful algal 
bloom activities. The Corps possesses key research, management, 
and control capabilities in assisting the fight against harmful 
algal blooms and is encouraged to continue high level 
participation in the HABHRCA Task Force. The fiscal year 2022 
Act directed a briefing on this effort. The Committee is still 
awaiting this briefing and the Corps is directed to provide it 
not later than 30 days after enactment of this Act.
    Hiram M. Chittenden Locks, Washington.--The Committee 
recognizes the importance of the Hiram M. Chittenden Locks for 
public safety, the environment, and the regional economy. The 
Corps is reminded that this project is eligible to compete for 
additional funding provided in this account.
    Jim Woodruff Lock and Dam.--The Committee reminds the Corps 
that activities to address and prevent hydrilla infestations at 
this project are eligible to compete for additional funding 
provided in this account. Additionally, the Corps is reminded 
that repairs to this project are eligible to compete for 
additional funding provided in this account.
    Lake Okeechobee, Florida.--In accordance with section 1106 
of the America's Water Infrastructure Act of 2018 (Public Law 
115-270), the Corps is currently updating the Lake Okeechobee 
System Operating Manual. The Corps is encouraged to use the 
best available science and appropriately weigh the concerns of 
all water users to ensure the ecosystem is preserved, water 
supply for the eight million residents in South Florida is 
maintained, and the safety of all residents of the region is 
upheld.
    Lake Providence Harbor, Louisiana.--The Committee is aware 
of the importance of Lake Providence Harbor in transporting 
critical commodities and supplies. The Committee notes the 
desire for the port to be fully operational during agricultural 
harvest season. The Committee directs the Corps to perform the 
necessary dredging prior to the beginning of harvest season, to 
the extent practicable, to minimize potential economic impacts.
    Levee Safety.--The Committee provides additional funding 
for the National (Levee) Flood Inventory, including $3,150,000 
to expedite work on non-federal levees in meeting the 
requirements of section 131 of WRDA 2020. The fiscal year 2022 
Act directed a briefing on this effort. The Committee is still 
awaiting this briefing and the Corps is directed to provide it 
not later than 30 days after enactment of this Act.
    Mount St. Helens Sediment Monitoring.--Yearly sediment 
monitoring at Mt. St. Helens is an important federal 
responsibility to ensure that water levels on the Lower Cowlitz 
River do not threaten downstream communities of Cowlitz County, 
Washington. The Committee is aware that in previous years, a 
lack of federal funding led local communities to fund sediment 
monitoring. The Committee is encouraged that funding for 
sediment monitoring activities is included in the budget 
request and encourages the Corps to include appropriate funding 
for these activities in future budget submissions.
    Okatibbee Lake, Mississippi.--The Committee remains 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.
    Ohio Harbors.--Toledo Harbor and the channel at the mouth 
of western Lake Erie serve as a major thoroughfare to the Great 
Lakes navigation system, supporting manufacturing and commerce 
throughout the region. Neighboring harbors are key components 
of the Great Lakes navigation system and support economic 
activity in the region. The Corps is reminded that the Toledo, 
Huron, Port Clinton, Lorain, and Sandusky Harbors are eligible 
to compete for additional funding in this account.
    Performance Based Budgeting Support Program.--Of the 
funding provided for this remaining item, $3,500,000 shall be 
used to support performance-based methods that enable robust 
budgeting of the hydropower program through better 
understanding of operation and maintenance impacts leveraging 
data analytics.
    Recreational Facilities.--The Corps is one of the nation's 
largest providers of conventional outdoor recreation 
opportunities and the Committee recognizes the important role 
that the Corps plays in providing recreational opportunities to 
the public. The Corps is encouraged to recognize the importance 
of concessionaires at their recreational facilities and to work 
with them on ways to improve recreational facilities. The 
fiscal year 2022 Act directed a report including an analysis of 
current lease terms and the effects these terms have on 
concessionaire financing. The Committee is still awaiting this 
briefing and the Corps is directed to provide it not later than 
30 days after enactment of this Act.
    The Committee is aware of the importance that waterborne 
transportation systems play in helping enhance a community's 
economic competitiveness and recognizes the importance of water 
resources in improving the lives of those living and working 
along navigable waterways, including the Alabama and Coosa 
Rivers project in Alabama. The Corps is encouraged to work with 
local stakeholders to ensure that small boat access channels 
and recreational facilities, in accordance with previously 
approved dredge material management plans, can be utilized in a 
safe, reliable, and efficient manner. The Committee supports 
efforts to address racial equity and social justice issues and 
encourages the Corps to prioritize projects that provide 
opportunities for low income, racial, and ethnic minority 
communities.
    Regional Dredge Contracting.--In accordance with section 
1111 of the America's Water Infrastructure Act of 2018 (Public 
Law 115-270) and the Gulf Coast Regional Dredge Demonstration 
Program established by Public Law 116-94, the Corps is 
encouraged to enter into regional contracts to support 
increased efficiencies in the deployment of dredges for all 
civil works mission sets, prioritizing deep draft navigational 
projects.
    Regional Sediment Management Program.--Additional funding 
is provided to develop integrated tools that build coastal 
resilience across navigation, flood risk management, and 
ecosystem projects within the program. The Committee directs 
the Corps to conduct a study and provide a report not later 
than one year after enactment of this Act on how the Corps 
could apply dredged sediments to better increase coastal 
resilience and what resources are needed to implement these 
practices.
    Seven Oaks Dam, California.--The Committee is aware that 
non-federal entities are working with the Corps with the goal 
to operate the Seven Oaks Dam, California, in a manner that 
would allow water agencies along the Santa Ana River to capture 
water released from the dam and recharge it into the 
groundwater basin. The Committee encourages the Corps to 
consider applying Forecast-Informed Reservoir Operations to the 
Seven Oaks Dam and to evaluate potential water control manual 
changes that may achieve water conservation benefits.
    Stakeholder Engagement.--The Committee recognizes the 
essential work the Corps does to maintain the integrity of its 
locks, dams, and other water navigation structures and the 
importance of those structures to the public. The Committee is 
aware that any waterway maintenance closures significantly 
impact local communities and businesses, including the 
agricultural sector. The Corps is directed to consult with 
local industrial stakeholders, including those in the 
agricultural sector, prior to the announcement of the closure 
of major waterways and significant work on locks, dams, and 
other water navigation structures that may impact navigation 
for an extended period.
    Tampa Harbor, Florida.--The Committee recognizes the 
dramatic increase in global post-panamax vessels utilizing 
Tampa Harbor and the need to maintain the main federal channel 
at its authorized depth to accommodate these vessels. The Corps 
is reminded that Tampa Harbor is eligible to compete for 
additional funding provided in this account.
    Upper St. Anthony Falls, Minnesota.--The Committee 
encourages the Corps of Engineers to keep the Upper St. Anthony 
Falls Lock and Dam in a state of good repair. The Committee 
directs the disposition study for the Upper St. Anthony Falls 
Lock and Dam continue to be at full federal expense.
    Walter F. George, George W. Andrews, and Jim Woodruff Locks 
and Dams.--The Committee understands that there are outstanding 
repair and maintenance needs for the Walter F. George Lock and 
Dam, the George W. Andrews Lock and Dam, and the Jim Woodruff 
Lock and Dam. The Corps is reminded that these activities are 
eligible to compete for additional funding provided in this 
account and is encouraged to include appropriate funding for 
these activities in future budget submissions. The Corps is 
directed to provide to the Committee not later than 60 days 
after enactment of this Act a briefing on these projects and 
the status of dredging in the lower Apalachicola River.
    Water Control Manuals.--The Committee appreciates the 
inclusion of funding in the budget request to undertake water 
control manuals at a significant number of Corps projects in 
fiscal year 2023 and notes the Corps reports that it has no 
additional capability in this area. The Corps is encouraged to 
continue to update water control manuals across its projects, 
especially those projects located in states where a Reclamation 
facility is also located, in regions where Forecast-Informed 
Reservoir Operations projects exist, and where atmospheric 
rivers cause flood damages. The Corps is also encouraged to 
evaluate water control manual updates at Section 7 projects, 
including those in California.
    Water Operations Technical Support (WOTS).--The 
recommendation includes $2,500,000 in addition to the budget 
request to continue developing and incorporating improved 
weather forecasting for Corps reservoirs and waterway projects 
through the multiagency, multidisciplinary Forecast-Informed 
Reservoir Operations research effort. The Corps is encouraged 
to consider applying Forecast-Informed Reservoir Operations to 
additional Section 7 dams, including the Seven Oaks Dam in 
California.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2022...................................      $212,000,000
Budget estimate, 2023.................................       210,000,000
Recommended, 2023.....................................       213,000,000
Comparison:
    Appropriation, 2022...............................        +1,000,000
    Budget estimate, 2023.............................        +3,000,000
 

    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.
    Chehalis Basin.--The Committee is aware that flooding has 
long been a problem in the Chehalis Basin and encourages the 
Corps to continue to work in coordination with the non-federal 
sponsor on plans to reduce flooding in the basin. The Corps is 
directed to continue to provide quarterly briefings to the 
Committee.
    Permit Applications.--The Secretary is encouraged to 
maintain adequate staffing to expeditiously process permits, 
including those for commercial shellfish activities in the 
Northwestern Division.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2022...................................      $300,000,000
Budget estimate, 2023.................................       250,000,000
Recommended, 2023.....................................       278,338,000
Comparison:
    Appropriation, 2022...............................       -21,662,000
    Budget estimate, 2023.............................       +28,338,000
 

    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 continues to support the prioritization of 
sites, especially those that are nearing completion. The 
Committee is aware that the Corps has completed the Remedial 
Investigation of the former Sylvania nuclear fuel site at 
Hicksville, New York, and is planning to initiate a feasibility 
study for the site. The Committee encourages the Corps to 
proceed expeditiously, as appropriate, to complete the study so 
that a remedy for cleanup can be selected in accordance with 
the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA).

                 FLOOD CONTROL AND COASTAL EMERGENCIES

 
 
 
Appropriation, 2022...................................       $35,000,000
Budget estimate, 2023.................................        35,000,000
Recommended, 2023.....................................        35,000,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    This appropriation funds planning, training, and other 
measures that ensure the readiness of the Corps to respond to 
floods, hurricanes, and other natural disasters, and to support 
emergency operations in response to such natural disasters, 
including advance measures, flood fighting, emergency 
operations, the provision of potable water on an emergency 
basis, and the repair of certain flood and storm damage 
reduction projects.
    As the nation experiences severe weather events more 
frequently, the Committee appreciates the work the Corps 
undertakes with this funding. The Committee notes that 
traditionally, funding for disaster response has been provided 
in supplemental appropriations legislation, including recently 
in 2021 (Public Law 117-43) and that amounts necessary to 
address damages at Corps projects in response to natural 
disasters can be significant. The Administration is again 
reminded that it has been deficient in providing to the 
Committee detailed estimates of damages to Corps projects as 
required by Public Law 115-123 and shall submit such report not 
later than 15 days after enactment of this Act and monthly 
thereafter.

                                EXPENSES

 
 
 
Appropriation, 2022...................................      $208,000,000
Budget estimate, 2023.................................       200,000,000
Recommended, 2023.....................................       215,000,000
Comparison:
    Appropriation, 2022...............................        +7,000,000
    Budget estimate, 2023.............................       +15,000,000
 

    This appropriation funds the executive direction and 
management of the Office of the Chief of Engineers, the 
Division Offices, and certain research and statistical 
functions of the Corps.
    Alternative Financing.--The Committee remains supportive of 
public-private partnerships (P3) and is supportive of the 
alternative financing mechanisms authorized in the Water 
Infrastructure Finance and Innovation Act. 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. The fiscal 
year 2022 Act directed a briefing on the P3 pilot program. The 
Committee is still awaiting this briefing and the Corps is 
directed to provide it to the Committee not later than 30 days 
after enactment of this Act.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2022...................................        $5,000,000
Budget estimate, 2023.................................         5,000,000
Recommended, 2023.....................................         5,000,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

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

          WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM

 
 
 
Appropriation, 2022...................................        $7,200,000
Budget estimate, 2023.................................        10,000,000
Recommended, 2023.....................................         7,200,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................        -2,800,000
 

    The financial assistance the Secretary is authorized to 
provide pursuant to the Water Infrastructure Finance and 
Innovation Act (Public Law 113-121) (WIFIA) can play an 
important role in improving the nation's infrastructure. The 
Committee is pleased that the Credit Assistance and Related 
Fees for Water Resources Infrastructure Projects rule has been 
published in the Federal Register. The recommendation provides 
$7,200,000 for program development, administration, and 
oversight, including but not limited to finalizing the proposed 
rule, and publishing the Notice of Funding Availability. The 
Committee strongly encourages the Administration to 
expeditiously finalize efforts to stand up the WIFIA program to 
provide the financial assistance envisioned in the legislation.

             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 regarding the allocation of 
funds.
    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. Nothing in this Act prohibits the Corps from 
contracting with the National Academy of Sciences to carry out 
the study authorized by section 1102 of the AWIA (Public Law 
115-270).
    The bill continues a provision regarding eligibility for 
additional funding. Whether a project is eligible for funding 
under a particular provision of additional funding is a 
function of the technical details of the project; it is not a 
policy decision. The Chief of Engineers is the federal 
government's technical expert responsible for execution of the 
civil works program and for offering professional advice on its 
development. Therefore, the provision clarifies that a 
project's eligibility for additional funding shall be solely 
the professional determination of the Chief of Engineers.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2022...................................       $23,000,000
Budget estimate, 2023.................................        20,000,000
Recommended, 2023.....................................        23,000,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................        +3,000,000
 

    The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of Public Law 102-575) provides for the completion of the 
Central Utah Project by the Central Utah Water Conservancy 
District. CUPCA also authorizes the appropriation of funds for 
fish, wildlife, and recreation mitigation and conservation; 
establishes an account in the Treasury for the deposit of these 
funds and of other contributions for mitigation and 
conservation activities; and establishes a Utah Reclamation 
Mitigation and Conservation Commission to administer funds in 
that account. CUPCA further assigns responsibilities for 
carrying out 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 
$23,000,000 for the Central Utah Project Completion Account, 
which includes $16,400,000 for Central Utah Project 
construction, $5,000,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,600,000 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. 
Reclamation carries out its mission in the face of a changing 
climate that strains the very resources it is charged with 
managing, developing, and protecting. Reclamation maintains 338 
reservoirs with the capacity to store 140 million acre-feet of 
water.
    The West continues to experience one of the most severe 
droughts on record. Climate change has exacerbated the presence 
and effects of drought in the region, resulting in 
consequential impacts on public health, water supply, and fire 
intensity. Innovation and infrastructure investments are 
critical to secure water resources for both municipal and 
agricultural usage now and into the future. Accordingly, the 
Committee recommendation includes targeted, increased 
investments in programs to assist western states as they 
respond to the drought crisis and continues to build on long-
term efforts to address future challenges.
    As Reclamation's facilities reach their design life, the 
projected cost of operating, maintaining, and rehabilitating 
this infrastructure continues to grow, yet Reclamation has not 
budgeted sufficient funding to implement a comprehensive 
program to reduce its maintenance backlog. At the same time, 
Reclamation is increasingly relied upon to supply water 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.

                        COMMITTEE RECOMMENDATION

    The budget request for the Bureau of Reclamation totals 
$1,414,225,000. The Committee recommendation totals 
$1,890,950,000, which is $476,725,000 above the budget request.
    A table summarizing the fiscal year 2022 enacted 
appropriation, the fiscal year 2023 budget request, and the 
Committee recommendation is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2022 enacted     FY 2023 request        Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources.........................          $1,747,101          $1,270,376          $1,747,101
Central Valley Project Restoration Fund.............              56,499              45,770              45,770
California Bay-Delta Restoration....................              33,000              33,000              33,000
Policy and Administration...........................              64,400              65,079              65,079
                                                     -----------------------------------------------------------
    Total, Bureau of Reclamation....................          $1,901,000          $1,414,225          $1,890,950
----------------------------------------------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2022...................................    $1,747,101,000
Budget estimate, 2023.................................     1,270,376,000
Recommended, 2023.....................................     1,747,101,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................      +476,725,000
 

    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:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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 that provide new or 
existing water supplies through additional infrastructure.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery'', $134,000,000 shall be for 
water storage projects as authorized in section 4007 of Public 
Law 114-322.
    Of the funding provided under the heading ``Water 
Conservation and Delivery'', $50,000,000 shall be for 
implementing the Drought Contingency Plan in the Lower Colorado 
River Basin to create or conserve recurring Colorado River 
water that contributes to supplies in Lake Mead and other 
Colorado River water reservoirs in the Lower Colorado River 
Basin or projects to improve the long-term efficiency of 
operations in the Lower Colorado River Basin, consistent with 
the Secretary's obligations under the Colorado River Drought 
Contingency Plan Authorization Act (Public Law 116-14) and 
related agreements. None of these funds shall be used for the 
operation of the Yuma Desalting Plant and nothing in this 
section shall be construed as limiting existing or future 
opportunities to augment the water supplies of the Colorado 
River.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery'', not less than $10,000,000 
shall be for planning or pre-construction activities related to 
projects for the repair of critical Reclamation canals where 
operational conveyance capacity has been seriously impaired by 
factors such as land subsidence, especially those that would 
imminently jeopardize Reclamation's ability to meet water 
delivery obligations in drought prone states.
    Of the additional funding provided under the heading ``Fish 
Passage and Fish Screens'', $6,000,000 shall be for the 
Anadromous Fish Screen Program.
    Not later than 45 days after enactment of this Act, 
Reclamation shall provide to the Committee a report delineating 
how the additional funds in this account are to be distributed, 
in which phase the work is to be accomplished, and an 
explanation of the criteria and rankings used to justify each 
allocation.
    Reclamation is reminded that activities authorized under 
Indian Water Rights Settlements and under section 206 of Public 
Law 113-235 are eligible to compete for the additional funding 
provided under ``Water Conservation and Delivery''.
    Aging Infrastructure Account.--The Committee recommends 
$500,000 for the Aging Infrastructure Account for the purpose 
of making financing available for the cost of emergency and 
extraordinary maintenance improvements to aging federal 
Reclamation-owned facilities. The Committee does not support 
allowing increases or decreases in transfer amounts at this 
time and directs Reclamation to provide to the Committee prior 
to the obligation of any funds for this purpose a report 
detailing implementation plans for this program. As it 
implements the program, Reclamation is encouraged to prioritize 
financing improvements to eligible transferred operation and 
maintenance work beneficiaries in drought prone areas with the 
greatest need for repair.
    Anadromous Fish Screen Program.--The Committee appreciates 
Reclamation's efforts to devote additional resources to 
completing work on the last two remaining priority unscreened 
diversions on the Sacramento River, both of which have been 
specifically identified as priorities in the California Natural 
Resources Agency Sacramento Valley Salmon Resiliency Strategy. 
Additionally, Reclamation is encouraged to maintain its focus 
on screening high priority diversions in the San Joaquin River 
Basin. Reclamation is reminded that these diversions are 
eligible to compete for the additional funding provided in this 
account, under Fish Passage and Fish Screens.
    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.
    Lake Powell.--The Colorado River Basin is currently 
experiencing a severe and ongoing drought, affecting water 
supplies and hydropower generation. The Committee notes that 
diminishing water levels at Lake Powell could drop below the 
minimum power pool for the Glen Canyon Dam, severely impacting 
the ability to generate electricity for approximately three 
million customers in the West. Decreased power generation could 
lead to customers paying more in electric rates to cover 
operational costs of the project and supplemental power 
purchased to replace the lost generation. The Committee 
encourages Reclamation to work closely with relevant 
stakeholders as this situation develops.
    Municipal Water Districts.--Reclamation is encouraged to 
fully consider water districts that supply water to 
municipalities when developing work plans.
    Salton Sea.--The fiscal year 2022 Act directed Reclamation 
to provide a briefing on Reclamation's plan for managing the 
air quality impacts of the estimated 8.75 square miles of lands 
it owns that will emerge from the receding Sea over the next 
decade. The Committee is still awaiting this briefing and 
Reclamation is directed to provide this briefing not later than 
30 days after enactment of this Act. Reclamation is further 
directed to provide to the Committee not later than 90 days 
after enactment of this Act a report containing an updated 
estimate of anticipated exposed federal lands over the next 
decade and a funding estimate associated with meeting federal 
Salton Sea obligations. Reclamation is encouraged to work with 
other federal agencies with interests at the Salton Sea to 
provide this report.
    Salton Sea Research Program.--Reclamation is encouraged to 
include appropriate funding in future budget submissions for 
activities and projects associated with habitat improvement, 
water quality, and system development and projects with a 
public health benefit that will benefit economically 
disadvantaged communities.
    Salton Sea Restoration.--The Committee supports the 
Memorandum of Understanding signed between the Department of 
the Interior and the California Natural Resources Agency to 
support management activities at the Salton Sea. Additionally, 
the Committee is concerned by the public health, environmental, 
agricultural, and natural resource impacts at the Salton Sea. 
The Committee encourages Reclamation to partner with federal, 
state, and local agencies and coordinate use of all existing 
authorities to support the State of California's Salton Sea 
Management Program. Reclamation is encouraged to include 
appropriate funding for these efforts in future budget 
submissions.
    San Joaquin River Restoration Program.--Permanent 
appropriations, available for the program in fiscal year 2020, 
should not supplant continued annual appropriations, and the 
Committee encourages Reclamation to include adequate funding in 
future budget submissions.
    Research and Development: Desalination and Water 
Purification Program.--Of the funding provided for this 
program, $12,000,000 shall be for desalination projects as 
authorized in section 4009(a) of Public Law 114-322.
    Research and Development: Science and Technology Program: 
Airborne Snow Observatory Program.--The recommendation provides 
an additional $4,000,000 for this program, which advances snow 
and water supply forecasting.
    Tualatin Project, Scoggins Dam, Oregon.--The Committee 
supports the budget request and remains concerned about the 
high risk associated with the project. Reclamation is 
encouraged to expeditiously complete the final environmental 
assessment and submit the formal safety of dam modification 
report thereafter.
    Water Treatment Pilots.--Reclamation is encouraged to look 
for innovative and cost-effective ways to evaluate treatment 
solutions in advance of significant infrastructure investments, 
including pilots for water treatment projects.
    WaterSMART Program: Title XVI Water Reclamation & Reuse 
Program.--Of the funding provided for this program, $20,000,000 
shall be for water recycling and reuse projects as authorized 
in section 4009(c) of Public Law 114-322.
    Yakima River Basin Water Enhancement Project, Washington.--
The Committee is supportive of the Yakima Basin Integrated 
Plan, developed to address water storage, water supply, and 
fishery and ecosystem restoration needs for agriculture, fish, 
and municipalities within the Yakima River Basin in Central 
Washington and authorized by Public Law 116-9. The Committee 
encourages Reclamation to include appropriate funding in future 
budget submissions and reminds Reclamation that activities 
within this program are eligible to compete for additional 
funds provided in this account.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2022...................................       $56,499,000
Budget estimate, 2023.................................        45,770,000
Recommended, 2023.....................................        45,770,000
Comparison:
    Appropriation, 2022...............................       -10,729,000
    Budget estimate, 2023.............................             - - -
 

    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 is 
also financed through additional mitigation and restoration 
payments collected on an annual basis from project 
beneficiaries.
    The Committee recommends an indefinite appropriation, which 
allows Reclamation to expend funds collected in fiscal year 
2023. The estimate of collections in fiscal year 2023 is 
$45,770,000.

                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2022...................................       $33,000,000
Budget estimate, 2023.................................        33,000,000
Recommended, 2023.....................................        33,000,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

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

                       POLICY AND ADMINISTRATION

 
 
 
Appropriation, 2022...................................       $64,400,000
Budget estimate, 2023.................................        65,079,000
Recommended, 2023.....................................        65,079,000
Comparison:
    Appropriation, 2022...............................          +679,000
    Budget estimate, 2023.............................             - - -
 

    The Policy and Administration account provides for the 
executive direction and management of all Reclamation 
activities, as performed by the Commissioner's office in 
Washington, D.C.; the Technical Service Center in Denver, 
Colorado; and in six regional offices. The Denver and regional 
offices charge individual projects or activities for direct 
beneficial services and related administrative and technical 
costs. These charges are covered under other appropriations.

                        ADMINISTRATIVE PROVISION

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    The bill continues a provision regarding the circumstances 
in which the Bureau of Reclamation may reprogram funds.
    The bill continues a provision regarding the San Luis Unit 
and Kesterson Reservoir in California.
    The bill contains a provision regarding the Secure Water 
Act of 2009.
    The bill contains a provision regarding the CALFED Bay-
Delta Authorization Act.
    The bill contains a provision regarding the Omnibus Public 
Land Management Act of 2009.
    The bill contains a provision regarding the Reclamation 
States Emergency Drought Relief Act of 1991.
    The bill contains a provision regarding the Water Resources 
Development Act of 2000.
    The bill contains a provision prohibiting the use of funds 
in this Act for certain activities.

                    TITLE III--DEPARTMENT OF ENERGY


                              INTRODUCTION

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

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$49,004,440,000 in fiscal year 2023 to fund programs in its 
four primary mission areas: science, energy, environment, and 
national security. The recommendation provides $48,190,405,000 
for the Department of Energy, $3,334,781,000 above fiscal year 
2022 enacted.
    The Committee's recommendations for Department of Energy 
programs in fiscal year 2023 are described in the following 
sections. A detailed funding table is included at the end of 
this title.

                        CONGRESSIONAL DIRECTION

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

                 REPROGRAMMING AND TRANSFER GUIDELINES

    The Committee requires the Department to inform the 
Committee promptly when a change in program execution and 
funding is required during the fiscal year. The Department's 
reprogramming requirements are detailed in statute. To assist 
the Department in this effort, the following guidance is 
provided for programs and activities.
    Definition.--A reprogramming includes the reallocation of 
funds from one activity to another within an appropriation. The 
recommendation includes a general provision providing internal 
reprogramming authority to the Department, as long as no 
program, project, or activity is increased or decreased by more 
than $5,000,000 or 10 percent, whichever is less, compared to 
the levels in the table detailing the Committee's 
recommendations for the Department's various accounts. For 
construction projects, a reprogramming constitutes the 
reallocation of funds from one construction project to another 
project or a change of $2,000,000 or 10 percent, whichever is 
less, in the scope of an approved project.
    Criteria for Reprogramming.--A reprogramming should be made 
only when an unforeseen situation arises, and then only if 
delay of the project or activity until the next fiscal year 
would result in a detrimental impact to an agency program or 
priority. A reprogramming may also be considered if the 
Department can show that significant cost savings can accrue by 
increasing funding for an activity. Mere convenience or 
preference shall not be a factor for consideration. A 
reprogramming may not be employed to initiate new programs or 
to change program, project, or activity allocations 
specifically denied, limited, or increased by the Congress in 
the Act or report.
    Reporting and Approval Procedures.--In recognition of the 
security missions of the Department, the legislative guidelines 
allow the Secretary and the Administrator of the National 
Nuclear Security Administration jointly to waive the 
reprogramming restriction by certifying to the Committee that 
it is in the nation's security interest to do so. The 
Department shall not deviate from the levels for activities 
specified in the report that are below the level of the detail 
table, except through the regular notification procedures of 
the Committee. No funds may be added to programs for which 
funding has been denied. Any reallocation of new or prior-year 
budget authority or prior-year de-obligations or any request to 
implement a reorganization that includes moving previous 
appropriations between appropriations accounts must be 
submitted to the Committee in writing and shall not be 
implemented prior to approval by the Committee.
    Transfers.--As in fiscal year 2022, funding actions into or 
out of accounts funded by this Act may only be made by transfer 
authorities provided by this or other appropriations Acts.

                   FINANCIAL REPORTING AND MANAGEMENT

    The Department is still not in compliance with its 
statutory requirement to submit to Congress, at the time that 
the President's budget request is submitted, a future-years 
energy program that covers the fiscal year of the budget 
submission and the four succeeding years, as directed in the 
fiscal year 2012 Act. While the Committee appreciates the small 
progress of including some information in the budget request, 
the information provided was inadequate because it clearly was 
not a ``meaningful and comprehensive multi-year budget'' as 
required. In addition, the Department has an outstanding 
requirement to submit a plan to become fully compliant with 
this requirement. The Department is directed to provide these 
requirements not later than 30 days after enactment of this 
Act. The Department may not obligate more than 75 percent of 
amounts provided to the Office of the Secretary until the 
Department submits to the Committee a plan to become fully 
compliant with this requirement.
    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.
    Congressional Reporting Requirements.--The Committee 
remains concerned by the Department's often lengthy delays in 
meeting its Congressional reporting requirements. However, the 
Committee appreciates the Department's effort, led by the 
Office of the Chief Financial Officer, to establish a tracking 
mechanism for all Congressional reporting requirements. The 
Department is directed to provide quarterly updates to the 
Committee on this issue. Further, the Department is directed to 
provide all Congressionally required reports digitally in 
addition to traditional correspondence.
    SBIR and STTR Programs.--The Department is directed to use 
the definition of research and development as provided by the 
Small Business Innovation Development Act of 1982 and Small 
Business Administration's ``SBIR and STTR Program Policy 
Directive'' for the purposes of the Department's SBIR and STTR 
programs.
    Mortgaging Future-Year Awards.--The Committee remains 
concerned about the Department's practice of making awards 
dependent on funding from future years' appropriations. The 
fiscal year 2022 Act directed the Department to provide a 
briefing on how it can better track and provide information 
about the accounting of future-year awards by control point. 
The Committee is still awaiting this briefing and directs the 
Department to provide it not later than 15 days after enactment 
of this Act.
    General Plant Projects.--In alignment with the requirements 
of section 3118(c) of the National Defense Authorization Act 
for FY2010, the Department is directed to notify the Committee 
at least 15 days prior to starting any General Plant Project 
unless the project is directed by this recommendation or 
explicitly included in the fiscal year 2023 budget request.
    Competitive Procedures.--The Department is directed, in 
alignment with section 989 of the Energy Policy Act of 2005, to 
use a competitive, merit-based review process in carrying out 
research, development, demonstration, and deployment 
activities, to the maximum extent practicable. Further, the 
Department is directed to notify the Committee at least 30 days 
prior to any non-competitive research, development, 
demonstration, or deployment award.
    Cost Share Waivers.--Section 988 of the Energy Policy Act 
of 2005 provides authority for the Secretary to waive cost 
share requirements under some circumstances. The Department is 
directed to notify the Committee at least 15 days prior to 
waiving cost share requirements for any research, development, 
demonstration, or deployment award.
    Notification of Funding Availability.--The Department is 
directed to notify the Committee not later than three business 
days prior to any announcement of funding availability, 
including funding opportunity announcements and solicitations.
    The Department is reminded that section 301 of this Act 
prohibits the use of any appropriation, funds, or authority to 
initiate or resume any program, project, or activity or to 
prepare or initiate Requests for Proposals for a program, 
project, or activity if the program, project, or activity has 
not been funded by Congress. The Department is directed to 
provide to the Committee a plan that details all programs, 
projects, and activities that exceed $25,000,000 that are not 
directed by this recommendation or explicitly included in the 
fiscal year 2023 budget request. The plan shall be provided not 
later than 90 days after enactment of this Act and prior to any 
funds being obligated for those programs, projects, or 
activities. No funds may be obligated for programs, projects, 
or activities in the plan prior to approval by the Committee.
    The Department is directed to develop a strategy to ensure 
entities that receive funding under this title and that are 
partnering with foreign-owned or partially foreign-owned 
organizations are protecting novel technologies from, and the 
flow of information to, off-shored entities. This strategy 
shall include mechanisms to conduct effective oversight to 
protect this technology and information. The Department is 
directed to provide to the Committee not later than 180 days 
after enactment of this Act a briefing on this strategy.

                  WORKFORCE DEVELOPMENT AND DIVERSITY

    Workforce Development.--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 national nuclear security. The 
Department has a long history in and unique opportunity of 
training and supporting the science, technology, engineering, 
and mathematics (STEM) workforce. The fiscal year 2020 Act 
directed the Department to provide a report that includes an 
inventory of workforce development and readiness programs 
supported throughout the Department. The inventory was required 
to include current programs, past programs over the past 10 
years, and recommendations for the Department to improve or 
expand its workforce development efforts. The report was 
required to include specific recommendations addressing 
workforce readiness to meet the Department's nuclear security 
missions. The Committee is still awaiting this report and 
directs the Department to provide a briefing on the status of 
this report not later than 15 days after enactment of this Act.
    The Department is directed to support pre-college research, 
internship, and mentoring experiences to engage high schools 
locally and across the nation through impactful interactions 
with national laboratory employees, work-based learning, 
experiential activities, and emerging technology programs. In 
support of the Department's science mission and national 
laboratories' diversity goals, the pre-college research, 
internship, and mentoring experiences shall address the 
specific needs of regional communities. The Department is 
directed to support and prioritize participation from 
underrepresented racial and ethnic groups and people with 
disabilities in STEM fields. The Department is encouraged to 
address gaps in educational programming and opportunities for 
students in under-resourced and rural school districts.
    The Committee notes the importance of student research 
participant programs in building a strong STEM workforce 
pipeline across DOE disciplines. The Department is directed to 
provide to the Committee not later than 90 days after enactment 
of this Act a report on the opportunities and resources 
required to triple the number of student research participant 
placements within its current participant programs to support 
the crosscutting Department-wide initiatives, such as 
cybersecurity, artificial intelligence, and quantum information 
science, and basic and applied research programs. The report 
shall include information on how the Department's current 
programs and research investments can be further leveraged to 
support expanding undergraduate, graduate, doctoral, and post-
doc research participant placements to build a strong STEM 
workforce pipeline.
    Workplace Diversity.--The Committee recognizes the 
importance of workplace diversity at the Department and its 
national laboratories. Increasing workplace diversity addresses 
inequity and inequality and drives performance excellence 
through improvements in creativity, productivity, and 
inclusivity. The Committee directs the Department to continue 
to develop and broaden partnerships with minority serving 
institutions, including Hispanic Serving Institutions, 
Historically Black Colleges and Universities, Asian and Pacific 
Islander Serving Institutions, Predominantly Black 
Institutions, Tribal Colleges and Universities, and other 
Minority Serving Institutions. The Committee understands that 
each national laboratory develops its own recruitment and 
retention strategies and provides those plans to the Department 
for review. The fiscal year 2020 Act directed the Department to 
comprehensively evaluate these plans and provide a report to 
the Committee detailing efforts to recruit and retain diverse 
talent from the institutions mentioned above. Further, the 
fiscal year 2020 Act directed the Department to provide to the 
Committee a report on its internal programs that support 
research and development opportunities for the institutions 
mentioned above. The Committee is still awaiting these reports 
and directs the Department to provide a briefing on the status 
these reports not later than 15 days after enactment of this 
Act. Additionally, the fiscal year 2022 Act directed the 
Department to provide a report on the Department's plan to 
recruit and retain more African Americans, Hispanic/Latinx, 
Asian Americans, Native Americans/Alaskan Natives, Pacific 
Islander/Native Hawaiian, and people with disabilities across 
all job types, including research and technical positions. The 
Committee is still awaiting this report and directs the 
Department to provide the report not later than 15 days after 
enactment of this Act. The Department is encouraged to consider 
direct programmatic funding to the national laboratories to 
support locally developed activities and programs that advance 
the Department's diversity, equity, and inclusion goals and 
objectives.
    Outreach Activities.--The Department is directed to provide 
to the Committee not later than 120 days after enactment of 
this Act a report detailing the steps the Department has taken 
to increase outreach and raise awareness of clean energy 
research and job opportunities at Minority Serving Institutions 
and minority professional organizations.

                        CROSSCUTTING INITIATIVES

    Equitable Energy Systems.--The Committee recognizes the 
importance of establishing a 21st-century clean energy system 
that will both combat climate change and institute principles 
of equity and justice in the U.S. energy system. The Committee 
supports the Department's efforts toward this goal.
    The Committee supports the first-ever Equity Action Plan 
which seeks to better engage underserved communities in clean 
energy. The Committee supports the Department's efforts to 
strengthen the action items in the plan.
    The Committee supports the Department's continuing efforts 
and progress in implementing the Justice40 Initiative, the 
energy justice initiative, and Executive Orders 13985 and 
14008.
    Carbon Dioxide Removal.--The recommendation provides not 
less than $175,000,000 for research, development, and 
demonstration of carbon dioxide removal technologies, including 
not less than $26,000,000 from the Office of Energy Efficiency 
and Renewable Energy (EERE), not less than $65,000,000 from 
Office of Fossil Energy and Carbon Management (FECM), and not 
less than $84,000,000 from the Office of Science.
    The Department is directed to coordinate these activities 
among FECM, EERE, the Office of Science, and any other relevant 
program offices or agencies, including the Environmental 
Protection Agency and Department of Agriculture.
    The Department is directed to support the development of a 
diversified suite of technologies and methods to remove carbon 
dioxide from the atmosphere and durably store it, including 
through pathways such as enhanced mineralization, direct air 
capture, bioenergy with carbon capture and storage, ocean 
carbon removal, and carbon-sequestering construction materials. 
The Department is directed to prioritize the development and 
improvement of accounting frameworks and tools to accurately 
measure carbon removal and sequestration methods and 
technologies.
    The Department is directed to support research, 
development, and demonstration activities to advance the 
development and commercialization of carbon dioxide removal 
technologies on a significant scale. The Committee supports 
direct air capture prize competitions and the direct air 
capture test center.
    The fiscal year 2020 Act directed the Department to develop 
an implementation plan coordinated across FECM, EERE, and the 
Office of Science. The Committee is still awaiting this plan 
and directs the Department to provide the plan not later than 
15 days after enactment of this Act. The Department is directed 
to include a breakdown of the roles and responsibilities of 
each participating program office in the implementation plan.
    The Committee supports the Department's efforts to carry 
out sections 5001 and 5002 of the Energy Act of 2020 and the 
implementation of the Carbon Dioxide Removal Task Force.
    Critical Minerals and Materials.--The recommendation 
provides not less than $235,000,000 for research, development, 
demonstration, and commercialization activities on the 
development of alternatives to, recycling of, and efficient 
production and use of critical minerals and materials, 
including not less than $165,000,000 from EERE, not less than 
$50,000,000 from FECM, and not less than $20,000,000 from the 
Office of Science.
    The Department is directed to support university 
initiatives focused on enhancing current abilities to extract 
critical minerals and materials from sources and enhanced 
recovery and reuse to maximize limited resources.
    The Committee appreciates the work of the Critical 
Materials Institute, an Energy Innovation Hub established in 
2013 and led by Ames Laboratory, to develop solutions across 
the materials life cycle as well as reduce the impact of supply 
chain disruptions and price fluctuations associated with these 
valuable resources. Section 7002 of the Energy Act of 2020 
requires the establishment of a Critical Materials Consortium. 
The Committee reminds the Department that section 7002 requires 
the Department to leverage the personnel and expertise of an 
Energy Innovation Hub to manage the Consortium. The Committee 
is concerned about the Department's pace in establishing the 
Critical Materials Consortium. The Department is directed to 
provide to the Committee not later than 30 days after enactment 
of this Act a briefing on the status of the Consortium and the 
role the Critical Materials Institute will play in these 
efforts moving forward.
    The Committee supports the development of a Critical 
Materials Supply Chain Research Facility, as authorized by 
section 7002(h) of the Energy Act of 2020. However, the 
Committee remains concerned about the lack of approval of 
mission need and the unclear responsibilities among program 
offices for supporting construction of this facility. The 
fiscal year 2022 Act directed the Department to provide a 
report detailing the mission and cost of developing the 
Critical Materials Supply Chain Research Facility. The 
Committee is still awaiting this report and directs the 
Department to provide the report not later than 15 days after 
enactment of this Act and prior to the obligation of any funds 
for the facility.
    The Committee notes the significant workforce needs in 
critical minerals and materials that are of national security 
interest, including industries in the domestic battery 
materials supply chain. The Department is directed to 
prioritize activities for workforce training and development 
initiatives to meet these needs. The Department is directed to 
provide to the Committee not later than 180 days after 
enactment of this Act a report assessing workforce needs in 
critical minerals and materials industries, primary impediments 
to meeting these needs, and existing federal efforts supporting 
workforce initiatives to ensure that the United States remains 
competitive to meet global demand.
    Energy Storage.--The recommendation provides not less than 
$600,000,000 for research, development, demonstration, 
commercialization, and deployment of energy storage, including 
not less than $400,000,000 from EERE, not less than $95,000,000 
from the Office of Electricity (OE), not less than $5,000,000 
from FECM, not less than $10,000,000 from the Office of Nuclear 
Energy (NE), and not less than $90,000,000 from the Office of 
Science.
    The Department is directed to support competitive pilot 
demonstration grants for energy storage deployment in new 
applications and business models, as authorized in section 3201 
of the Energy Act of 2020.
    The Department is encouraged to consider the advantages of 
mechanical-based energy storage for long-duration energy 
storage solutions. Mechanical systems, such as those that use 
gravity, can store energy over long periods of time without 
experiencing degradation that is inherent to conventional 
electrochemical systems for battery storage.
    The Department is encouraged to consider supporting not 
less than one pilot energy storage project that demonstrates 
business model innovation targeted at cost-effective deployment 
through aggregation in rural electric cooperatives. The 
Department is encouraged to focus on reducing the soft costs of 
novel project design and optimization and developing legal and 
power purchase model agreements that can be replicated 
elsewhere in the nation.
    The Committee recognizes the emergence of several new 
energy storage technologies that can support energy 
independence in the United States. The fiscal year 2022 Act 
directed the Department to publish a report on emerging energy 
storage technologies. The Committee is still awaiting this 
report and directs the Department to provide it not less than 
15 days after enactment of this Act.
    Energy-Water Nexus.--The Committee supports the 
Department's ongoing efforts, including through the Water 
Security Grand Challenge, on advancing transformational 
technology and innovation to meet the global need for safe, 
secure, and affordable water. The Committee recognizes the 
impact of water security and availability on energy production 
and reliability and the growing interconnectedness between 
energy and water systems. The Department is directed to 
continue programs that provide technology innovation, modeling 
and assessment tools, technical support, informed policy, 
planning tools to inform financing, and workforce development 
to focus on the energy-water nexus. The Committee supports the 
Department's use of a diverse portfolio of prizes; 
competitions; research, development, and demonstration; and 
other programs. The recommendation provides not less than 
$70,000,000 for Energy-Water Nexus activities.
    Industrial Decarbonization.--Industrial processes currently 
contribute to more than 20 percent of U.S. greenhouse gas 
emissions. The Committee supports the Department's efforts, 
aligned with title VI of the Energy Act of 2020, to foster 
innovations and enable scale up of cost-competitive, low-
emissions technology. Given the advances the Department has 
made in the research and development space, the Department is 
encouraged to also focus on demonstration and deployment 
activities. The recommendation provides not less than 
$815,000,000 for industrial decarbonization activities, 
including not less than $550,000,000 from EERE, not less than 
$200,000,000 from FECM, and not less than $65,000,000 from the 
Office of Science.
    The Committee remains concerned about greenhouse gas 
emissions as a biproduct of concrete production. With the 
recent significant infrastructure investments to address the 
nation's deteriorating infrastructure, the Committee supports 
steps to minimize carbon dioxide emissions in concrete 
production. The Committee encourages the Department to 
prioritize research, development, demonstration, and deployment 
activities of concrete manufacturing practices that will reduce 
greenhouse gas emissions in transportation projects.
    Alternative Fuels Research Related to Locomotives.--The 
Committee notes ongoing efforts to further the use of 
technologies that will reduce emissions in existing locomotive 
fleets, such as different blends of renewable diesel and 
biodiesel, as well as to accelerate the commercial viability of 
innovative technologies and alternatives to traditional diesel 
fuel, including batteries and hydrogen fuel cells. The 
Committee recognizes that hastening the availability of low- 
and no-carbon alternatives to diesel fuel for locomotives will 
be essential to addressing climate change while also meeting 
the projected 50 percent growth in freight transportation 
demand by 2050. Furthermore, the Committee notes that the 
decarbonization of the rail industry will be essential to 
achieving a net-zero emissions economy as rail will continue to 
play a vital role in such a broad cross-section of industrial 
economic sectors well into the future. The recommendation 
provides not less than $30,000,000 to further the research, 
development, testing, and demonstration of innovative 
technologies and solutions related to low- or no-emission 
alternative fuels for non-road transportation modes, including 
locomotives, engine improvements, and motive power 
technologies. The Department is directed to perform this 
research in coordination with manufacturers and suppliers, the 
Department of Transportation, and the Environmental Protection 
Agency, and to ensure that any research will complement the 
ongoing efforts of those entities.
    Civilian Climate Corps.--The Department is encouraged to 
coordinate with the Department of the Interior and Department 
of Agriculture on implementation of a Civilian Climate Corps. 
The Department has capabilities that could contribute to the 
Civilian Climate Corps in assisting communities in need and 
communities interested in transitioning to the green energy 
economy. The Department is encouraged to identify what steps it 
can take to ensure that its deployment programs inspire a new 
generation of conservationists and adoption of clean energy 
technologies.
    Commonwealth of Puerto Rico and the U.S. Virgin Islands.--
The Department is directed to offer technical and other 
programmatic assistance to the Commonwealth of Puerto Rico for 
the assessment and implementation of innovative technologies 
with the capability of combining different infrastructure 
systems in an integrated manner to effectively mitigate power 
plant emissions, efficiently treat and reuse wastewater, 
produce biofuels, and generate power from solid waste. In 
addition, the Department is directed to offer technical and 
other programmatic assistance to the Commonwealth of Puerto 
Rico and the U.S. Virgin Islands in assessing the effectiveness 
of renewable energy technologies, such as solar and wind, for 
the territories; power grid feasibility, including repairs, 
improvements, and modernization; mitigation of storm damages 
through resilient electric power grids; and microgrid 
innovation. The Department is directed to provide to the 
Committee not later than 90 days after enactment of this Act a 
briefing on the status of, and future plans for, these efforts.
    DOE and USDA Interagency Working Group.--The Committee 
supports the establishment of the interagency working group to 
promote energy and develop technologies that will support and 
advance agricultural communities and domestic manufacturing, as 
required by the Agriculture Improvement Act of 2018. Both 
agencies have a unique role in assisting the country to 
integrate alternative fuel and energy efficiency savings 
throughout the economy. The Committee directs the working group 
to pursue joint activities related to the research and 
development of climate-controlled, affordable, deployable, 
energy- and water-efficient technologies for four-season food 
production platforms that can serve undernourished regions of 
the country. Additionally, the Committee directs the working 
group to pursue joint activities related to development and 
deployment of energy generation technologies and agriculture 
(e.g. solar ``agrivoltaics''); the energy efficiency of other 
agricultural platforms; water and wastewater treatment; and 
greenhouse facilities. The Committee encourages collaboration 
between USDA's Office of Urban Agriculture and Innovative 
Production, the Agricultural Research Service, and the National 
Institute of Food and Agriculture, and the various Department's 
offices, including, but not limited to, the Advanced 
Manufacturing Office, Solar Energy Technology Office, Biofuels 
Technologies Office, Fossil Energy and Carbon Management, 
Advanced Research Projects Agency--Energy, and Office of 
Science. The Department is directed to provide to the Committee 
regular updates on the goals, benchmarks, and progress in 
implementation of the working group and collaborations. 
Further, the fiscal year 2022 Act directed the Department to 
provide a briefing explaining the Department's research agenda 
relating to promoting energy efficiency for industrial 
processes, lighting systems, the utilization of advanced soil 
science, reuse of plant residue materials, materials science, 
capture of carbon dioxide, and energy efficiency at 
agricultural production platforms. The Committee is still 
awaiting this briefing and directs the Department to provide 
the briefing not later than 15 days after enactment of this 
Act.
    Fluoropolymers.--The Department is directed to provide to 
the Committee not later than 365 days after enactment of this 
Act a report on the life-cycle assessment (LCA) of 
fluoropolymers. The report shall include: a comparative LCA 
that quantifies resilience properties, cost-benefit, and 
greenhouse gas emission savings of fluoropolymers versus 
competing technologies; analysis of adherence to relevant 
International Organization for Standardization standards and 
industry Product Category Rules whenever possible; and an 
analysis of the use of fluoropolymers in the aerospace, 
automotive, battery, building construction, chemical 
processing, electronics, infrastructure, semiconductor, solar 
panel, and wind energy industries. The Department is directed 
to provide to the Committee not later than one year after the 
submission of the first report a subsequent report on the 
impact to potential lifespans of infrastructure materials, 
including steel, plastics, glass, and wood, as well as 
potential lifespan impacts to renewable energy generation 
components and energy storage components, if fluoropolymers 
were no longer permitted to continue in commerce.
    Grid Modernization.--The Department is directed to continue 
the ongoing work among the national laboratories, industry, and 
universities to improve grid reliability and resiliency through 
the strategic goals of the Grid Modernization Initiative (GMI).
    The fiscal year 2022 Act directed the Department to provide 
a briefing on the revised GMI strategy, plans to reflect new 
decarbonization targets in strategy enhancements, funding 
profiles, portfolio of funding opportunities, programmatic 
investments for the Initiative, and the roles and 
responsibilities of each participating program office. The 
Committee is still awaiting this briefing and directs the 
Department to provide the briefing not less than 15 days after 
enactment of this Act.
    Public, open-source decentralized technologies like 
blockchain in combination with digital identities are 
positioned to enable innovation for advanced digital solutions 
that solve various market pain points associated with the 
registration, scheduling, dispatch/activation, measurement/
verification, and financial settlement of energy customers and 
their devices. These digital solutions may help grid operators, 
electric utilities, and energy companies and their customers to 
capture the full potential of investments in grid 
modernization. The Department is directed to coordinate 
research about the opportunities and needs for new digital 
solutions built with public, open-source decentralized 
technologies to support electric grid modernization efforts. 
The fiscal year 2022 Act directed the Department to provide a 
report on the Department's research activities related to 
public, open-source decentralized technologies, including 
blockchain technology. The Committee is still awaiting this 
report and directs the Department to provide the report to the 
Committee not later than 15 days after enactment of this Act.
    Harmful Algal Blooms.--The Committee continues to note that 
the Department conducts and possesses key research, 
experimental facilities, management, and supercomputing 
capabilities that may be of assistance in the fight against 
harmful algal blooms (HABs), which are a serious threat to the 
health of people and marine ecosystems, especially for coastal 
communities. Climate change and increasing nutrient pollution 
are potentially causing HABs to occur more often and in more 
locations throughout the United States. Scientific capabilities 
will be imperative to discovering how and why HABs form in 
order to reduce their harmful effects. When Congress passed the 
Harmful Algal Bloom and Hypoxia Research and Control Act 
(HABHRCA), it created a task force intended to coordinate the 
federal response to harmful algal bloom activities. The 
Department is not currently listed as a partner in the task 
force activities, but the Department conducts and possesses key 
capabilities that may be of assistance in the fight against 
harmful algal blooms. The fiscal year 2022 Act directed the 
Department to provide a report identifying its relevant 
capabilities and how it is using those capabilities to support 
key questions posed in managing, controlling, and diagnosing 
the public response to harmful algal blooms. The Committee is 
still awaiting this report and directs the Department to 
provide the report not later than 15 days after enactment of 
this Act. Further, the Department is encouraged to engage with 
partner agencies, such as the National Oceanic and Atmospheric 
Administration, to determine how its capabilities could play a 
supporting role with the HABHRCA task force.
    Hydrogen Energy and Fuel Cell Coordination.--The Department 
is directed to coordinate its efforts in hydrogen energy and 
fuel cell technologies across EERE, FECM, NE, OE, the Office of 
Science, the Office of Clean Energy Demonstrations, the 
Advanced Research Projects Agency--Energy, and any other 
relevant program offices to maximize the effectiveness of 
investments in hydrogen-related activities.
    Integrated Energy Systems.--The Committee supports the 
integrated energy systems activities of EERE, FECM, and NE with 
the purposes of maximizing energy production and efficiency; 
developing energy systems involving the integration of nuclear 
energy with renewable energy, fossil energy, and energy 
storage; and expanding the use of emissions-reducing energy 
technologies into nonelectric sectors to achieve significant 
reductions in environmental emissions. The Department is 
directed to coordinate all integrated energy systems activities 
across FECM, NE, EERE, and any other relevant program office. 
The fiscal year 2021 Act directed the Department to submit a 
report that details a potential research agenda of integrated 
energy systems activities, including estimated funding levels 
for those activities and the roles and responsibilities of each 
participating program office. The Committee is still awaiting 
this report and directs the Department to provide the report 
not later than 15 days after enactment of this Act.
    Landfill Emissions.--The fiscal year 2022 Act directed the 
Department to provide a report describing the opportunities and 
challenges for technologies that capture greenhouse gases, 
including methane, from municipal landfills. The Committee is 
still awaiting this report and directs the Department to 
provide the report not later than 15 days after enactment of 
this Act.
    Reporting Requirements.--The Department is directed to 
provide to the Committee not later than 90 days after enactment 
of this Act a report detailing its efforts to survey current 
programs, policies, procedures, and rules to determine if it is 
adequately meeting the clean energy, energy conservation, and 
energy efficiency needs of low-income, minority, other 
underrepresented communities as determined by the Secretary. 
The Department is further directed to provide to the Committee 
not later than 90 days after enactment of this Act a report 
evaluating its efforts in the following areas: addressing gaps 
in decision-making to facilitate data-informed decision-making; 
increasing opportunities for new applicants for Department 
funding opportunities, particularly for underserved communities 
including those affected by persistent poverty; increasing 
participation in Department research and development and 
financial assistance programs; expanding strategic tribal and 
stakeholder engagement across Department programs; and 
improving access to the Weatherization Assistance Program for 
homes in need of non-energy related home repairs.

                            ENERGY PROGRAMS


                 Energy Efficiency and Renewable Energy


 
 
 
Appropriation, 2022...................................    $3,200,000,000
Budget estimate, 2023.................................     4,018,885,000
Recommended, 2023.....................................     4,000,000,000
Comparison:
    Appropriation, 2022...............................      +800,000,000
    Budget estimate, 2023.............................       -18,885,000
 

    The Energy Efficiency and Renewable Energy account supports 
activities of the Office of Energy Efficiency and Renewable 
Energy, the Office of State and Community Energy Programs, the 
Office of Manufacturing and Energy Supply Chains, and the 
Federal Energy Management Program.
    The Office of Energy Efficiency and Renewable Energy (EERE) 
accelerates the research, development, demonstration, and 
deployment activities that advance energy efficiency and 
renewable energy technologies. Since the early 1970s and in 
partnership with business, industry, universities, research 
labs, and stakeholders, EERE has spurred innovation of 
affordable, renewable energy and energy efficiency technologies 
critical to combating climate change. EERE remains at the 
forefront of clean energy innovation, implementing a range of 
strategies aimed at creating good paying jobs, ensuring the 
clean energy economy benefits all Americans, saving American 
families and businesses money, 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, 
focuses on efforts to decarbonize transportation across all 
modes to enable greater vehicle electrification, commercially 
viable hydrogen fuel cell trucks, sustainable aviation fuel 
from biomass, and lower-pollution options for off-road 
vehicles, rail, and maritime transport. The renewable energy 
portfolio, which consists of the solar, wind, water, 
geothermal, and renewable energy integration programs, supports 
efforts to reduce the costs and accelerate the use and 
integration of renewables to contribute to a reliable, secure, 
and resilient electric grid. The energy efficiency portfolio, 
which consists of the advanced manufacturing and buildings 
programs, develops cost-effective solutions to reduce energy 
consumption in plants, buildings, and homes.
    The Office of State and Community Energy Programs (SCEP) 
focuses on efforts under the Weatherization Assistance Program, 
State Energy Program, Local Government Energy Program, and 
Energy Future Grants program to increase energy affordability 
and transform the energy economy by working with state, local, 
and community-level implementation partners.
    The Office of Manufacturing and Energy Supply Chains (MESC) 
prioritizes activities to strengthen and secure manufacturing 
and energy supply chains needed to modernize the nation's 
energy infrastructure.
    The Federal Energy Management Program (FEMP) helps federal 
agencies meet federal sustainability goals by accelerating the 
implementation of energy and water conservation measures, 
implementing deep retrofits, improving energy resilience, and 
transitioning to zero-emission fleets. The program provides 
technical assistance and financial assistance to agencies and 
works with its stakeholders to enable federal agencies to 
identify affordable solutions, facilitate public-private 
partnerships, and provide energy leadership to the country by 
identifying and leveraging government best practices.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Department is directed to maintain a balanced portfolio 
of research, development, demonstration, and deployment 
activities. The Department is encouraged to examine its 
portfolio on a regular basis and prioritize activities as 
necessary to maintain balance across research, development, 
demonstration, and deployment activities.
    Aquatic Decarbonization.--The Committee supports the 
Department's crosscutting efforts, working in coordination with 
the National Oceanic and Atmospheric Administration and other 
federal agencies, to identify and address emissions reduction 
opportunities utilizing the ocean and blue economy. These 
efforts cut across multiple offices of EERE, including Water 
Power Technologies Office, Solar Energy Technologies Office, 
Wind Energy Technologies Office, Vehicle Technologies Office, 
Bioenergy Technologies Office, Hydrogen and Fuel Cell 
Technologies Office, and others. The topics include marine and 
hydrokinetic energy; floating solar; offshore wind; low carbon 
maritime transportation fuels and their utilization; marine 
carbon dioxide removal; port decarbonization; and other areas, 
such as energy storage; integrating marine energy harvesting; 
and continuous, wide area environmental monitoring. Recognizing 
the potential importance of water- and ocean-based technologies 
to the energy sector, the recommendation provides not less than 
$40,000,000 for crosscutting efforts that will contribute to 
multiple areas of ocean- and water-based energy technologies 
and include support for research, development, and 
infrastructure that leverages the Department's existing ocean-
based assets and infrastructure. The Department is directed to 
provide to the Committee prior to the obligation of these funds 
a detailed spending plan highlighting which offices are 
contributing to this effort and the planned investments in 
research, development, and deployment, including infrastructure 
needs.
    Blockchain for Energy Procurement and Traceability.--
Public, open-source decentralized technologies like blockchain 
are being used in various markets worldwide to develop new 
digital platforms for renewable energy procurement and help the 
companies, cities, and other renewable energy buyers meet their 
voluntary procurement goals. These digital solutions built with 
decentralized technologies may help simplify, reduce costs, and 
enhance the traceability of renewable energy trading and 
reporting among market participants. These solutions may also 
help expand access to more market participants. The Department 
is directed to coordinate research about the opportunity and 
needs for new digital solutions built with public, open-source 
decentralized technologies to promote renewable energy 
procurement, market access, and market growth.
    Development of Open-Source Technology Services for Clean 
Energy Products and Services.--The Committee notes the growing 
global competition for clean energy goods and services as well 
as the need to support energy sector digitalization. There is 
an opportunity to position American goods and services ahead of 
global competition by developing and implementing open-source 
technology standards for renewable energy, storage, energy 
efficiency, electric vehicle, and other clean energy 
technologies so that these goods and related services deliver 
their full economic potential. The Department is encouraged to 
coordinate research evaluating and testing open-source 
technological standards for clean energy products and services, 
particularly in terms of use of digital identities and 
decentralized identity registries for such goods, that promote 
greater interoperability and market access across energy 
markets and, ultimately, help position the United States as a 
clean energy solutions leader.
    Database of State Incentives for Renewables and 
Efficiency.--The Department is directed to support needed 
security and software upgrades for the Database of State 
Incentives for Renewables and Efficiency (DSIRE), a program 
that provides U.S. homeowners, businesses, policymakers, and 
others with vital information relating to clean energy 
incentives and policies across the country. The Committee is 
aware that DSIRE receives more than 3.5 million yearly page 
views for the purpose of educating consumers, businesses, and 
policymakers on the more than 2,600 available incentives and 
policies for clean energy technologies and encourages the 
Department to support phased upgrades that are necessary to 
improve the operation of DSIRE.
    Energy Transitions Initiative.--The recommendation provides 
not less than $10,000,000 for the Energy Transitions Initiative 
(ETI) to support initiatives to address high energy costs, 
reliability and inadequate infrastructure challenges faced by 
island and remote communities. This program, which aims to 
advance self-reliant island and remote communities through the 
development of resilient energy systems, is enormously 
beneficial to its recipients that face unique energy challenges 
due to their remote location, fossil fuel dependency, and 
limited access to affordable infrastructure improvements. The 
program also has a disproportionately positive effect on 
indigenous groups within these locations who are subject to 
increased difficulty in obtaining and maintaining clean and 
resilient infrastructure. The fiscal year 2022 Act directed the 
Department to provide a report on this program. The Committee 
is still awaiting this report and directs the Department to 
provide it not later than 30 days after enactment of this Act. 
The Committee supports the Department's efforts to develop a 
cross-sector initiative alongside community-based organizations 
pursuing energy transition efforts that will address energy 
challenges, build capacity, accelerate the sharing of best 
practices and innovations between similarly-situated regions, 
and leverage specialized, local expertise and technological 
innovation into viable energy transition projects. The 
Department is directed to support community-based initiatives 
by allocating up to $750,000 to each organization that has been 
selected as an ETI Partnership Project (ETIPP) Island and 
Remote Community Stakeholder Engagement Regional Project 
Partners to support cross-region collaboration and the design, 
planning, and implementation of viable energy transition 
projects within their respective regions.
    Metal Reuse.--The Committee notes that the Department has a 
large inventory of excess metal, including nickel, that could 
be used in the supply chain for electric vehicles and other 
clean energy applications. The Department is encouraged to 
coordinate across the Offices of Energy Efficiency and 
Renewable Energy and Environmental Management to review the use 
of scrap metal for these purposes and is directed to provide to 
the Committee not later than 90 days after enactment of this 
Act a briefing on this topic.
    Workforce Development.--The Department is encouraged to 
allocate funding to training and workforce development programs 
that assist and support workers in trades and activities 
required for the continued growth of the U.S. energy efficiency 
and clean energy sectors, including training programs focused 
on building retrofits, the construction industry, and the 
electric vehicle industry. The Department is encouraged to 
continue to work with two-year, community and technical 
colleges; labor; and nongovernmental and industry consortia to 
pursue job training programs, including programs focused on 
displaced fossil fuel workers, that lead to an industry-
recognized credential in the energy workforce. The Department 
is encouraged to update and publish on its website the list of 
credentials that are recognized by the Department through its 
Better Buildings Workforce Guidelines and additional 
credentials that are relevant to designing, building, and 
operating building energy systems.

                       SUSTAINABLE TRANSPORTATION

    The recommendation provides $35,000,000 to continue the 
SuperTruck III vehicle demonstration program and further 
address the energy efficiency, carbon dioxide emissions 
reduction potential, and freight efficiency of heavy and medium 
duty long- and regional-haul vehicles.
    Vehicle Technologies.--The recommendation provides not less 
than $220,000,000 for Battery and Electrification Technologies, 
including for electric vehicle battery recycling technology.
    The recommendation provides $10,000,000 for research and 
development of engine architectures that integrate low-carbon 
fuels like ethanol and biodiesel, including the performance of 
these engines on higher blends of renewable fuels.
    The recommendation provides up to $25,000,000 to advanced 
zero-emission technologies and low-carbon fuels for off-road 
applications. The Department is directed to prioritize 
applications in ports, warehouses, and railyards. Within these 
funds, the recommendation provides up to $5,000,000 for fluid 
power systems. These funds shall be awarded through a 
competitive solicitation in which university and industry teams 
are eligible to apply.
    The recommendation provides not less than $140,000,000 for 
Vehicle Technology Integration and Deployment, previously 
called Outreach, Deployment, and Analysis.
    The Department is directed to continue to support the Clean 
Cities alternative fuels deployment program focused on vehicles 
that can deliver lower greenhouse gas emissions and meet 
customer needs, which can include vehicles powered by biofuels, 
electricity, hydrogen, natural gas, renewable natural gas, 
propane, and renewable propane. The nation's Clean Cities 
Coalitions are uniquely suited to assist state and local 
governments, school districts, and public and private sector 
fleets with successful implementation of the sustainable 
transportation programs. Within available funds, the 
recommendation provides not less than $65,000,000 for 
deployment through the Clean Cities program, including not less 
than $20,000,000 in direct cooperative agreements with the 
Clean Cities Coalitions and not less than $40,000,000 for 
competitive grants to support alternative fuel, infrastructure, 
new mobility, and vehicle deployment activities. When issuing 
competitive grants in support of these activities, the 
Department is encouraged to include some awards that range from 
$500,000 to $1,000,000 each and to 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 
further encourages the Department to prioritize projects that 
can contribute the greatest reductions in lifecycle greenhouse 
gases and other harmful air pollutants. The Committee 
encourages the Department to work with the Department of 
Transportation and industry on coordinating efforts to deploy 
electric vehicle (EV) charging infrastructure. The Committee 
encourages the Department to explore ways in which the Clean 
Cities Program can leverage funding to provide greater support, 
including through grants, technical assistance, and community 
engagement, for clean fuels and vehicles in underserved or 
disadvantaged communities so they can benefit from the 
emissions reductions and public health benefits.
    The recommendation provides not less than $5,000,000 for 
electric vehicle workforce development activities. The 
Department is encouraged to build upon its existing 
partnerships with the GridEd workforce training program to 
advance a national electric vehicle workforce. The Department 
is encouraged to include engagement with the electric industry; 
auto industry; labor unions; university and community colleges, 
including Historically Black Colleges and University and other 
Minority Serving Institutions; and training institutes.
    Integrating electric vehicles into the nation's public and 
private fleets requires specialized expertise and knowledge, 
and the Department has a leadership role to play in helping 
institutions confront these challenges as the electric vehicle 
and autonomous markets shift the landscape. The fiscal year 
2022 Act directed the Department to provide a report that 
describes how the Vehicle Technologies Office, in coordination 
with the Advanced Manufacturing Office, is meeting the 
challenges for fleet managers and manufacturers in designing 
and building vehicles capable of being operated in a cost 
effective and safe manner. The Committee is still awaiting this 
report and directs the Department to provide the report not 
later than 30 days after enactment of this Act. The Department 
is further directed to coordinate with the Department of 
Transportation and the Joint Office of Energy and 
Transportation to develop a roadmap for electric vehicle 
transition and workforce training. The Department is also 
directed to coordinate with the Clean Cities Program, the 
Department of Transportation, and the Joint Office of Energy 
and Transportation to ensure all activities are aligned to meet 
the goals of widespread adoption of electric vehicles.
    The recommendation provides not less than $54,000,000 for 
Energy Efficient Mobility Systems, including not less than 
$34,000,000 to conduct early-stage research and development at 
the vehicle, traveler, and system levels and not less than 
$20,000,000 for pilot and demonstration projects pairing self-
driving technology with zero-emission vehicles to help ensure 
mobility does not come at the cost of increased tailpipe 
pollution.
    The recommendation provides up to $10,000,000 to improve 
12-volt lead batteries for safety-critical electric vehicle 
applications.
    The Committee recognizes combusting hydrogen in internal 
combustion engines may offer a practical pathway to zero-carbon 
fuels. The recommendation provides $10,000,000 for novel engine 
designs that can achieve significant efficiency improvements in 
hydrogen combustion. The Department is encouraged to support 
research and development for hydrogen combustion by two-stroke 
opposed piston engines.
    The Department is directed to consider hyperloop and other 
emerging transportation technologies throughout programs in the 
Vehicle Technologies Office.
    The Department is directed to support activities focused on 
providing voluntary technical assistance to municipalities 
aimed at reducing the time and costs for permitting, 
inspecting, and interconnecting publicly available electric 
vehicle supply equipment through standardized requirements 
online application systems, recognition programs, and technical 
assistance.
    The Vehicle Technologies Office is directed to collaborate 
with the Hydrogen and Fuel Cell Technologies Office on research 
and development for hydrogen fuel cell electric vehicles, 
particularly in heavy-duty transportation, and hydrogen 
refueling networks.
    The Department is directed to support a broad portfolio of 
vehicle technology innovation with a significant focus on 
demonstration, field validation, and market transformation 
activities, including a focus on cost effective manufacturing 
at scale. The Department is encouraged to focus resources on 
zero-emission vehicle technologies, such as battery electric 
and fuel cell electric propulsion systems, for all vehicle 
types.
    The Committee commends the Department's efforts to reduce 
carbon emissions and air pollution from trucks, including 
through the SuperTruck initiative and other funding for 
research, demonstration, and deployment of electrification and 
emissions reducing technologies. Drayage trucks are a major 
contributor of local air pollution and greenhouse gas emissions 
that negatively impact the air quality and health of port-
adjacent communities, which are often environmental justice 
communities already disproportionately impacted by 
environmental hazards. Transitioning to zero-emissions drayage 
trucks helps advance the Department's goals of both achieving 
net-zero emissions in the transportation sector and 
prioritizing investments that benefit underserved communities. 
The Department is directed to explore leveraging current and 
future awards to advance the deployment of zero-emission 
drayage trucks and related electric infrastructure at ports.
    As part of an all the above energy strategy, the Committee 
recognizes the unique role of liquid fuels in the development 
of next generation internal combustion engines. Biofuels, such 
as ethanol, have proven to be a cost-effective alternative for 
hard-to-decarbonize sectors of the economy, such as heavy duty 
and agricultural equipment. The Department is encouraged to 
explore opportunities to leverage biofuel internal combustion 
engines in available research programs.
    The Committee recognizes the need for electric charging 
infrastructure to adequately meet electricity distribution 
requirements. The Department, in coordination with the Joint 
Office of Energy and Transportation, is encouraged to assess if 
the capacity of electricity distribution can meet anticipated 
electricity demand at proposed charging locations. The 
Department is encouraged to consult with stakeholders and 
entities tasked with overseeing the U.S. electric grid in this 
assessment.
    The Department, in coordination with the Environmental 
Protection Agency, is encouraged to consider the benefits of a 
competitive voucher program to continue improving the energy 
efficiency of commercial long-haul vehicles with active 
emission-reducing technology. Active emission-reducing 
technology means any physical alterations of a Class 8 truck 
that can be installed as a retrofit and that adapt 
automatically to control vehicle performance factors and 
improve fuel efficiency, including active aerodynamic, active 
rolling resistance, dynamic axle lift control, non-auxiliary 
power unit active idle reduction, and other such emerging 
improvements.
    Research into propane-fueled vehicles has the potential to 
reduce emissions from the transportation sector, and the 
Department is encouraged to support additional research to 
advance this technology to a commercial scale. The Department 
is encouraged to continue research and development in advanced 
combustion and vehicle engine technology efficiency in propane 
engines used for medium- and heavy-duty applications. In 
particular, the Department is encouraged to research direct 
injection, engine technology, and the use of dimethyl ether for 
fuel applications.
    The Committee is encouraged by the steps the Department has 
taken to demonstrate the recyclability of electric vehicle 
batteries to recover critical minerals and support the 
circularity of plastic and polymer composite electric vehicle 
battery enclosures and casings. The Department is directed to 
prioritize recycling funding awards for projects that 
demonstrate recycling of all battery components, including 
casings and enclosures made from plastics and polymer 
composites.
    The Committee recognizes the importance of electric vehicle 
equity in the transition to a zero-emissions transportation 
system and the potential for electric vehicle car share 
programs at public housing facilities to provide access to 
electric vehicles for lower-income residents. The Department is 
directed to prioritize funding and technical assistance through 
its grant programs for electric vehicle car share programs at 
public housing facilities.
    The Committee supports the Department's efforts, in 
coordination with the Department of Transportation and the 
Joint Office of Energy and Transportation, to prioritize equity 
within both the development and implementation phases of 
programs that support the planning and deployment of electric 
vehicle charging infrastructure, including for light-, medium-, 
and heavy-duty vehicle purposes. The Committee directs the 
Department, in coordination with the Department of 
Transportation and the Joint Office of Energy and 
Transportation, to focus on increasing availability of and 
access to publicly accessible charging infrastructure that can 
support both personal vehicle uses and ride-share services, 
particularly in underserved or disadvantaged communities that 
lack convenient access to such infrastructure. The Department 
is encouraged to partner with local government entities and 
community organizations through community engagement to 
increase awareness of the program and ensure that the needs and 
concerns of local communities are specifically addressed.
    The fiscal year 2022 Act directed the Department to carry 
out a nationwide assessment on the state of, challenges to, and 
opportunities for deployment of electric vehicle charging 
infrastructure in underserved or disadvantaged communities. The 
Committee is still awaiting the required briefing and directs 
the Department to provide the briefing not later than 30 days 
after enactment of this Act. Further, the Department is 
directed to release the assessment on a publicly accessible 
website as soon as practicable. The Department shall carry out 
these activities in coordination with the Department of 
Transportation and the Joint Office of Energy and 
Transportation.
    Bioenergy Technologies.--The recommendation provides not 
less than $50,000,000 for feedstock technologies research and 
the Biomass Feedstock National User Facility and $40,000,000 
for algae-related activities.
    The recommendation provides not less than $20,000,000 for 
the Agile BioFoundry to accelerate the Design-Build-Test-Learn 
cycle for biofuels and bioproducts with a focus on sustainable 
aviation fuels. The Committee supports ongoing collaboration 
with the Office of Science to expand computational 
capabilities, including new instrumentation, to further enhance 
the Department's strategic investments in biotechnology and 
biomanufacturing.
    The recommendation provides up to $6,000,000 to support 
research, at commercially-relevant processing scales, into 
affordable preprocessing of forest residue technologies, forest 
residue fractionation technologies, and other processing 
improvements relevant to thermal deoxygenation biorefineries in 
order to enable economic production of sustainable aviation 
fuels and economic upgrading of hemicelluloses and lignin.
    The recommendation provides not less than $120,000,000 for 
System Development and Integration, including for demonstration 
activities. The Department is directed to accelerate its work 
on sustainable aviation fuels, with a focus on demonstrating 
feedstocks and biorefining processes for net-zero-emission 
fuels. The Department is directed to develop a clear framework 
for evaluating the emissions reduction potential and 
environmental integrity of different sustainable aviation fuels 
pathways and to prioritize research and development of fuels 
with the greatest potential to reduce emissions while avoiding 
unintended consequences on forests and other habitats and food 
supply chains. The Department is encouraged to work with the 
Department of Transportation, the Department of Agriculture, 
the national laboratories, and other relevant federal agencies 
to coordinate efforts to advance sustainable aviation fuels.
    The Committee is supportive of the Department's research to 
reduce emissions through the development of algal-derived 
biofuels using carbon dioxide as a feedstock. The Department is 
directed to address research challenges to maximize use of 
atmospheric carbon dioxide, including in highly alkaline 
conditions to maximize carbon capture. This research shall aim 
to eliminate the requirement for co-location of algal 
production facilities with power plants or costly, low-volume 
pipelines; increase algal productivity levels; and lower the 
cost of biofuel production.
    To support the key role that forests in the United States 
can play in addressing energy needs, the Department, in 
coordination with the Department of Agriculture and the 
Environmental Protection Agency, is encouraged to ensure that 
federal policy relating to forest bioenergy is consistent 
across all federal departments and agencies.
    The Committee supports the Department's continued research 
and development to advance the deployment of processes to 
increase the supply of renewable natural gas and bolster 
national energy security.
    Hydrogen and Fuel Cell Technologies.--The Department is 
directed to maintain a diverse program that focuses on early-, 
mid-, and late-stage research and development and technology 
acceleration, including market transformation. The Department 
is directed to continue to emphasize hydrogen production and 
the development of hydrogen refueling infrastructure nationwide 
to accelerate the adoption of zero-emission fuel cell 
transportation. The Department is directed to maintain regular 
consultation with industry to avoid duplication of private-
sector activities and ensure retention of fuel cell technology 
and systems development in the United States.
    The recommendation provides not less than $100,000,000 for 
H2@Scale activities to support the development of hydrogen as a 
clean energy resource for hard-to-electrify transportation 
applications and to help build out the infrastructure needed to 
transport and store hydrogen.
    The recommendation provides not less than $60,000,000 for 
technologies to advance hydrogen use for hard-to-electrify 
transportation applications, including trains, maritime 
shipping, and aviation.
    The recommendation provides not less than $30,000,000 for 
Fuel Cell Technologies, with a focus on reducing fuel cell 
system cost and improving overall system efficiency and 
durability. Component development and testing should include 
stack materials, material processing, efficient and cost-
effective air compression, operation at low humidification 
levels and materials that are robust to poor air quality.
    The Committee notes that hydrogen carriers can play a 
critical role in enabling widespread adoption of hydrogen 
energy for commercial, industrial, and transportation use. The 
recommendation provides $10,000,000 to advance the 
understanding and development of perovskites as catalysts and 
catalyst supports for hydrogen carriers. The effort shall be 
pursued through tightly coupled computational modeling, 
experimental characterization, and controlled synthesis, along 
with durability and degradation science. The Department is 
encouraged to prioritize efforts that include partnerships 
between at least one academic partner and one national 
laboratory.
    The recommendation provides not less than $10,000,000 for 
solar fuels research and development for hydrogen generation. 
The Department is encouraged to leverage research and 
technology advances from the Fuels from Sunlight Energy 
Innovation Hub.
    The Committee supports the Department's continued 
activities for high temperature electrolyzer development and 
integrated pilot level technology testing and validation, 
including at national laboratories.
    The Department is directed to assess how alkaline and 
proton exchange membrane (PEM) electrolyzers respond to 
variable operation conditions associated with electricity from 
intermittent sources, specifically the impact on performance 
and lifetime. The Department is directed to conduct large-scale 
testing and analysis in conjunction with an electric power 
research organization, utilities, and other stakeholders. The 
Department is directed to conduct tests under various 
conditions and configurations and in geographically diverse 
regions, including the Northeast. The results shall be made 
publicly available to contribute to grid reliability and plant 
design optimization.
    The Committee is interested in ways to reduce the economic 
and environmental impacts of transporting hydrogen to expand 
the use of this proven, near-zero emissions fuel source. The 
Department is directed to continue to consider the economic and 
environmental impacts of various modes used to transport 
hydrogen in its decision-making process.
    To leverage U.S. innovation in hydrogen-fueled energy 
applications, the Department is directed to prioritize 
opportunities to advance a network of pipelines to reliably 
deliver adequate supplies of hydrogen for end users. To 
leverage the full range of innovative applications of hydrogen 
and fuel cells, end users across the country will need access 
to fuel supplies at a competitive price. This may include 
utilizing the existing natural gas infrastructure and applying 
best practices learned from the development of the natural gas 
distribution system.
    The Department is encouraged to continue to research novel 
onboard hydrogen tank systems, as well as trailer delivery 
systems to reduce cost of delivered hydrogen, and to work with 
the Department of Transportation on coordinating efforts to 
deploy hydrogen fueling infrastructure.
    The fiscal year 2022 Act directed the Department to provide 
a briefing on its efforts to work cooperatively with industry, 
university, and national laboratory partners and efforts to 
develop strategies and technologies to support continued 
evolution and success of low-carbon intensity hydrogen 
production. The Committee is still awaiting this briefing and 
directs the Department to provide it not later than 30 days 
after enactment of this Act.
    The Hydrogen and Fuel Cell Technologies Office (HFTO) is 
encouraged to collaborate with the Advanced Manufacturing 
Office on efforts to advance technologies that decarbonize 
steel production using hydrogen and consider hydrogen 
technology solutions in technology pathways to decarbonize the 
industrial sector. The Committee further encourages HFTO to 
collaborate with the Office of Clean Energy Demonstrations on 
hydrogen-related programs. The Committee encourages HFTO to 
collaborate with the Office of Electricity to investigate and 
advance the potential for hydrogen as a long-duration 
electricity storage resource. The Committee directs HFTO to 
explore and assess the potential of hydrogen in the production 
of zero-carbon and carbon-neutral aviation fuels.

                            RENEWABLE ENERGY

    The recommendation provides $5,000,000 for the Wind Energy 
Technologies Office and the Water Power Technologies Office to 
support university-led research projects related to resource 
characterization, site planning, aquaculture assessments, 
community outreach, and planning for long term environmental 
monitoring for applications of marine energy and floating 
offshore wind technologies to support sustainable, scalable 
aquaculture production.
    Solar Energy Technologies.--The recommendation provides not 
less than $60,000,000 for Concentrating Solar Power 
Technologies and not less than $80,000,000 for Photovoltaic 
Technologies.
    The recommendation provides not less than $60,000,000 for 
Balance of Systems Soft Cost Reduction. The Committee is 
encouraged by the success of the SolarAPP+ program in 
facilitating easier, less expensive, faster, and more efficient 
permitting for solar projects through automation. The 
Department is encouraged to explore ways in which similar 
automated processes can increase efficiency and cut costs in 
other clean energy applications, such as permitting for 
residential solar interconnections with the utility 
distribution grid.
    The recommendation provides up to $40,000,000 to continue 
and expand work to lower barriers to solar adoption for low-
income households, renters, multifamily homes, and minority 
communities. The Department is encouraged to explore and 
provide resources on financing and business models that are 
well-suited to these households and communities.
    The recommendation provides not less than $5,000,000 for 
the National Community Solar Partnership program.
    The recommendation provides $10,000,000 for technology 
development, testing and verification of technologies that help 
solar energy projects avoid, minimize, and mitigate impacts on 
wildlife and ecosystems, including through improved scientific 
research into avian-solar interactions. The Department is 
directed to continue research and activities to promote the 
development and deployment of bird-friendly renewable energy 
development that applies technologies and procedures to 
mitigate bird collisions.
    The recommendation provides not less than $65,000,000 for 
Systems Integration, including for research, development, and 
demonstration of operation of the grid with very high levels of 
solar penetration, and not less than $100,000,000 for 
Manufacturing and Competitiveness.
    The recommendation provides $4,000,000 for research, 
development, and demonstration of novel power conversion 
equipment, including hardware and software for new plant 
architecture and technologies.
    The Committee supports the Department's decision to award 
funding for the Cadmium Telluride (CdTe) Accelerator Consortium 
as a comprehensive and systematic approach to support CdTe 
photovoltaics. This work will advance low-cost manufacturing 
techniques and domestic research in this important domestic 
sector. The Committee notes that the United States is a leader 
in CdTe manufacturing, contributing to high-value job 
production in the Midwest and elsewhere. The recommendation 
provides not less than $30,000,000 for research, development, 
demonstration, and commercial activities related to cadmium 
telluride. This work shall align with the goals of the 
technology roadmap for research: reducing CdTe module 
manufacturing costs, addressing supply chain challenges, 
achieving greater cell and module efficiency, cutting CdTe 
solar costs while extending solar panel life, and increasing 
the global market share of domestically produced photovoltaics.
    The recommendation provides not less than $30,000,000 for 
research, development, demonstration, and commercial activities 
related to perovskites, including inherently scalable 
production methods, such as solution processing, roll-to-roll 
manufacturing, or inline rigid substrate/superstrate 
processing; the science of inherent material stability; and 
ultra-high efficiency through tandem or hybrid tandem cell or 
module architectures.
    The Department is directed to support the development of 
small-scale pilot manufacturing plants for perovskite 
photovoltaics. The Committee recognizes the importance of 
accelerating the demonstration and deployment of solar 
perovskite technologies to overcome domestic manufacturing 
barriers that have prohibited the successful deployment of U.S. 
solar manufacturing capacity to date. The Department is 
encouraged to issue awards to commercial-ready solar perovskite 
entities that are prepared to scale up solar technologies.
    The Committee is aware of and supports the recently 
established Perovskite Accelerator for Commercializing 
Technologies (PACT) Center, which has been established for 
testing the durability of perovskite photovoltaics. The 
Department is encouraged to consider establishment of a 
companion research accelerator to advance the underpinnings of 
the technology, following the model established for the CdTe 
Consortium that was announced by the Department in 2020. A 
perovskite R&D accelerator could be focused on nucleation and 
degradation, the science of inherent material stability, new 
substrates, energy loss mechanisms, ultra-high efficiency 
bifacial and tandem devices, and inherently scalable production 
methods such as solution processing and roll-to-roll 
manufacturing.
    The Committee is aware of independent analyses that purport 
to show a decline in the projected rate of installation of 
rooftop solar energy systems on residential buildings, a 
divergence from past consistent increases. The Department is 
directed to conduct a study on the projected rates of such 
installations. If the Department finds that the projected rate 
is declining, the Department is directed to provide to the 
Committee not later than 180 days after enactment of this Act a 
report on the potential causes of such decline and ways to 
remove potential statutory or regulatory barriers to solar 
installations.
    The Department is directed to continue supporting the 
regional demonstration sites under the Solar Energy 
Technologies Office.
    The Department is encouraged to participate and coordinate 
as a federal stakeholder with the Bureau of Land Management in 
exploring new solar energy areas through intergovernmental task 
forces, including continuing existing and launching new data 
collection campaigns nationwide. The Department is encouraged 
to coordinate with other federal agencies as part of an ``all-
of-government'' approach to solar energy research and 
development, to include support for research, incorporation of 
agency data, and consideration of recommendations in the siting 
and developments of new and existing solar projects.
    The Department is encouraged to support research and 
development efforts to target grid storage improvements, 
demand-response and load-shaping technologies, and modeling and 
planning tools for distributed energy resources. The Committee 
supports early-stage research on photovoltaics based on earth 
abundant materials focusing on scalable production methods, 
material stability, and ultra-high efficiency tandem 
photovoltaic cell manufacturing approaches.
    Wind Energy.--The recommendation provides not less than 
$15,000,000 for distributed wind technologies.
    The recommendation provides up to $30,000,000 to initiate 
the establishment of a university-based development and testing 
facility capable of supporting industrial prototyping and 
manufacturing of turbine systems capable of producing upwards 
of 30 megawatts of power per unit. The Department is further 
directed to support the accompanying electric grid integration 
of these offshore wind turbine capabilities.
    The recommendation provides not less than $125,000,000 for 
offshore wind. The Department is directed to support innovative 
offshore wind demonstration projects to optimize their 
development, design, construction methods, testing plans, and 
economic value proposition. Within available funds for offshore 
wind, the recommendation provides not less than $6,000,000 for 
advanced technology demonstration of offshore wind projects.
    Within available funds for offshore wind, the 
recommendation provides $6,000,000 for Centers of Excellence 
focused on the offshore wind energy engineering, 
infrastructure, supply chain, transmission, and other pertinent 
issues required to support offshore wind in the United States. 
The university-based Centers will develop regional and national 
strategies to accelerate and maximize the effectiveness, 
reliability, and sustainability of U.S. offshore wind 
deployment and operation with partners from institutions of 
higher education, research institutions, national laboratories, 
the private sector, and state and local-level public sector 
representatives relevant to emerging commercial scale offshore 
wind deployments.
    Within available funds for offshore wind, the 
recommendation provides up to $50,000,000 for floating offshore 
research, development, and demonstration, including activities 
to facilitate interconnection between offshore generation 
facilities and the grid.
    Water Power.--The recommendation provides not less than 
$50,000,000 for Hydropower Technologies and not less than 
$130,000,000 for Marine Energy.
    The recommendation provides up to $10,000,000 to continue 
industry-led research, development, demonstration, and 
deployment efforts of innovative technologies for fish passage 
and invasive fish species removal at hydropower facilities, as 
well as analysis of hydrologic climate science and water basin 
data to understand the impact of climate change on hydropower.
    The recommendation provides up to $15,000,000 for small 
hydropower innovation, testing, and initiatives, including 
industry-led competitive solicitations for advanced turbine 
demonstrations; improved environmental performance; 
standardized or modular project deployment applications; and 
advanced manufacturing and supply chain innovations. The 
Department is encouraged to support innovative analytics to 
optimize hydropower applications such as machine learning-based 
hydrologic forecasts and operations optimization technology 
advancement.
    The Committee remains supportive of the Department's 
ongoing scoping activities toward establishing a network of 
hydropower testing facilities. The recommendation provides up 
to $10,000,000 for design and engineering based on the outcome 
of the scoping analysis. The fiscal year 2022 Act directed the 
Department to provide a briefing on its strategy for 
establishing these facilities. The Committee is still awaiting 
this briefing and directs the Department to provide it not 
later than 30 days after enactment of this Act.
    The recommendation provides up to $5,000,000 for irrigation 
modernization demonstration and deployment activities including 
physical sites and digital tools that advance energy, water, 
environmental, community, and agricultural benefits.
    The recommendation provides up to $10,000,000 for the 
purposes of sections 242 of the Energy Policy Act of 2005.
    Within available funds for Marine Energy, the 
recommendation provides not less than $50,000,000 for industry-
led competitive solicitations to increase energy capture, 
improve reliability, and to assess and monitor environmental 
effects of marine energy systems and components at a variety of 
scales, including full-scale prototypes. The Committee 
recognizes the importance of consistent and timely funding 
opportunities to optimize the impacts of university-led 
foundational research and to develop the skilled workforce 
needed to accelerate development of the marine energy sector. 
Within available funds for Marine Energy, the recommendation 
provides up to $20,000,000 for continuation of foundational 
research activities led by universities and research 
institutions affiliated with the National Marine Energy 
Centers. Within available funds for Marine Energy, the 
recommendation provides up to $10,000,000 for operations at the 
National Marine Energy Centers in order to accelerate the 
transition of marine energy technologies to market.
    Within available funds for Marine Energy, the 
recommendation provides up to $30,000,000 to address 
infrastructure needs at marine energy technology testing sites, 
including not less than $5,000,000 for the development and 
construction of an open water, fully energetic, grid connected 
ocean current energy test facility and not less than $5,000,000 
for general purpose plant projects.
    The Committee recommends up to $8,000,000 for continuation 
of the Testing Expertise and Access for Marine Energy Research 
initiative. The Department is directed to continue to 
coordinate with the U.S. Navy and other federal agencies on 
marine energy technology development for national security and 
other applications.
    The Committee supports the Department's engagement on 
research and workforce development with U.S. universities, 
particularly with its National Marine Renewable Energy Centers. 
The Committee encourages the Department to continue its 
Powering the Blue Economy efforts, including crosscutting 
initiatives within EERE and with other federal partners that 
integrate marine energy harvesting, energy storage, and 
continuous, wide area environmental monitoring.
    The Department is reminded that it may use its cost share 
waiver authority under section 988 of the Energy Policy Act of 
2005, when applicable and as appropriate, for water power 
technology research, development, demonstration, and deployment 
activities.
    The Committee recognizes the emergence of Ocean Thermal 
Energy Conversion (OTEC) and Sea Water Air Conditioning (SWAC) 
systems in the United States and the potential to produce 
sustainable electricity, reduce carbon dioxide emissions, and 
diversify fuel options while creating job opportunities. The 
Committee also recognizes the Department of Defense's 
investment in SWAC and OTEC technologies for Guam and other 
military bases in the Indo-Pacific region. The fiscal year 2022 
Act directed the Department to report on the feasibility of 
incorporating engineering within SWAC and OTEC that would 
enhance open-ocean aquaculture and serve to stimulate 
biological productivity in nutrient-poor off-shore waters as a 
means of accelerating capture and sequestration of atmospheric 
carbon dioxide as well as stimulating offshore fisheries. The 
Committee is still awaiting this report and directs the 
Department to provide it not later than 30 days after enactment 
of this Act.
    Geothermal Technologies.--The recommendation provides not 
less than $100,000,000 for competitively awarded enhanced 
geothermal system demonstrations (EGS) and next-generation 
geothermal demonstration projects in diverse geographic areas. 
The Department is encouraged to prioritize EGS demonstration 
projects that have previously received earlier-stage 
competitive Frontier Observatory for Research in Geothermal 
Energy (FORGE) funding to test and validate their technology. 
The Department is directed to include demonstration projects in 
an area with no obvious surface expression or to develop deep, 
direct use geothermal technologies to distribute geothermal 
heat through an integrated energy system or district heating 
system. The Department is directed to consider Superhot Rock 
geothermal demonstrations in which water, at that depth, would 
reach supercritical conditions and demonstrate incremental 
improvements toward producing supercritical water at the 
surface.
    The Department is directed to support research, 
development, and demonstration, including implementation of the 
recommendations outlined in the GeoVision study and authorized 
in the Energy Act of 2020.
    The Committee notes the potential for geothermal systems to 
produce sustainable electricity, reduce carbon emissions, and 
diversify energy options while creating business and job 
opportunities. The Department is directed to coordinate with 
appropriate federal agencies to support investigations of 
geothermal resource prospects to the degree necessary for 
determination of their potential generation capacity as well as 
the technical and economic viability to serve as a renewable, 
secure source of installation electrical, space conditioning, 
and thermal processing needs as appropriate to Department of 
Defense installations as well as immediately adjacent public 
lands located in non-contiguous states and U.S. territories.

                           ENERGY EFFICIENCY

    Advanced Manufacturing.--The recommendation provides 
$230,000,000 for Industrial Efficiency and Decarbonization. The 
Department is directed, as authorized in section 6003 of the 
Energy Act of 2020, to conduct an industrial emissions 
reduction technology development program for clean industrial 
research, development, and demonstrations that are sector-
specific and technology-inclusive. The Department is directed 
to support the development of technologies to strengthen the 
competitiveness of America's industrial sector, with an 
emphasis on heavy industrial sectors (including iron and steel, 
cement and concrete, and chemicals) and a diverse technology 
portfolio (including industrial carbon capture and removal, 
low-carbon feedstocks, clean heat alternatives, energy 
efficiency, and electrification). The Department is directed to 
provide to the Committee not later than 30 days after enactment 
of this Act a status update on its industrial decarbonization 
roadmaps, including an outline of the main recommendations for 
each, a plan for how to implement the roadmap, and updates as 
appropriate based on new developments.
    The Department is directed to support activities for the 
conversion and retooling of industrial facilities. The 
Committee recognizes the importance of awarding funding to 
applicants that will contribute to the on-shoring and re-
shoring of the domestic supply chain for electric vehicles and 
support jobs with family-sustaining wages and benefits in safe 
and equitable work environments. The Department is encouraged 
to require eligible recipients to provide evidence of their 
support for their incumbent manufacturing workforce and local 
community, which could include certification of participation 
in labor-management training programs; apprenticeships or pre-
apprenticeships; presence of an existing union contract or 
labor peace agreement; and utilization of community benefits 
agreement. The Department is encouraged to require grantees to 
certify that all construction work funded under the program 
pays prevailing wages and to require participation in a 
registered apprenticeship program. The Department is encouraged 
to provide administrative and technical assistance to eligible 
grant recipients and to identify projects that will meet the 
Justice40 Initiative.
    The Advanced Manufacturing Office is critical to the 
competitiveness of all American manufacturing industries, 
including the steel industry. Continued investment in steel 
mills specifically is essential for the economy and the 
environment. Within available funds for Industrial Efficiency 
and Decarbonization, the recommendation provides not less than 
$5,000,000 for improvements in the steel industry.
    Within available funds for Industrial Efficiency and 
Decarbonization, the recommendation provides $20,000,000 for 
continued research for energy efficiency improvement and 
emissions reduction in the chemical industry including dynamic 
catalyst science coupled with data analytics.
    The Committee notes that industrial drying processes 
consume approximately 10 percent of the process energy used in 
the manufacturing sector. Within available funds for Industrial 
Efficiency and Decarbonization, the recommendation provides 
$10,000,000 for the issuance of a competitive solicitation for 
university and industry-led teams to improve the efficiency of 
industrial drying processes.
    The Committee supports the Energy-Water Desalination Hub.
    The recommendation provides $130,000,000 for Clean Energy 
Manufacturing.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides $25,000,000 for the Manufacturing 
Demonstration Facility (MDF) and the Carbon Fiber Technology 
Facility. Within available funds for the MDF, the 
recommendation includes $5,000,000 for the development of 
processes for hybrid materials solutions with prescribed 
microstructural and mechanical properties to enable precise 
property profiles for born qualified and certified components.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides $10,000,000 for the development of 
advanced tooling for lightweight automotive components to lead 
the transition to electric vehicle and mobility solutions to 
meet the national urgency for market adoption. The Department 
is directed to further foster the partnership between the MDF, 
universities, and industry in the Great Lakes region for 
economic growth and technology innovation, thereby accelerating 
technology deployment and increasing the competitiveness of 
U.S. manufacturing industries.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides not less than $15,000,000 to provide 
ongoing support for the Combined Heat and Power (CHP) Technical 
Assistance Partnerships (TAP) and related CHP activities.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides $5,000,000 for advanced manufacturing 
of large offshore wind blades.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides $3,000,000 for advanced manufacturing 
of large iron and steel castings and forgings for offshore wind 
turbines.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides up to $20,000,000 to continue 
development of additive manufacturing involving nanocellulose 
feedstock materials made from forest products. This work shall 
be conducted in partnership with the MDF to leverage expertise 
and capabilities for large scale additive manufacturing.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides $2,000,000 to fund lithium-ion battery 
rejuvenation, recycling, and reuse programs that will focus on 
research, education, and workforce development to help the 
economy and national energy security. The Department is 
directed to focus research on room temperature process 
development for recycling and reuse of electrodes; rejuvenation 
(re-manufacturing) of electrodes for direct reuse; and 
recycling of the electrolyte. The Department is directed to 
prioritize support for academic institutions in a state or 
states that have lithium mining and lithium-ion battery 
manufacturing operations.
    The Committee continues to support the Clean Energy 
Manufacturing Innovation (CEMI) Institutes. The Committee is 
aware of the existing six CEMI Institutes' capabilities and 
efforts in advancing clean-energy solutions that will help 
reduce pollution, greenhouse gas emissions, and dependence on 
oil while launching new businesses and creating high-wage, 
highly-skilled clean energy jobs. The fiscal year 2022 Act 
directed the Department to provide a briefing on the potential 
benefits and considerations of renewing or extending existing 
CEMI agreements, including extensions of not less than five 
years. The Committee is still awaiting this briefing and 
directs the Department to provide it not later than 15 days 
after enactment of this Act.
    Within available funds for Clean Energy Manufacturing, the 
recommendation provides up to $12,000,000 for research in 
silicon carbide and gallium nitride power electronics.
    The Department is directed to support the expeditious 
development and production of lithium battery technology to 
scale up the domestic battery supply chain. Within available 
funds for Clean Energy Manufacturing, the recommendation 
provides up to $10,000,000 for solid state lithium metal 
battery storage demonstration projects that are U.S.-
controlled, U.S.-made, and North American sourced and supplied. 
The Department is directed to prioritize battery technology 
that is compatible with existing and next generation cathodes, 
including nickel and cobalt free cathodes, will further enhance 
energy density, and is intrinsically nonflammable.
    The recommendation provides $90,000,000 for Material Supply 
Chains.
    Within available funds for Material Supply Chains, the 
recommendation provides $5,000,000 to increase participation in 
databases used in generating environmental product declarations 
(EPDs), the disclosure tool measuring the embodied carbon of a 
product or service. The Department is directed to support the 
development of tools to increase manufacturer participation and 
robustness of data provision in the U.S. Life Cycle Inventory 
(LCI) Database, as well as the expansion of existing federal 
Life Cycle Assessment (LCA) Commons datasets. These efforts 
will enable greater use of these publicly accessible databases 
that are critical to the generation of LCAs and underlie EPD 
generation and also result in improved reliability and 
comparability of EPDs used to inform low-carbon procurement and 
building practices.
    Domestic mining, including gold and silver mines, is a 
critical element of America's national security as the 
resources are utilized in a wide range of products. Within 
available funds for Material Supply Chains, the recommendation 
provides up to $15,000,000 for a competitive grant program to 
improve the sustainability and competitiveness of U.S. mining 
operations, including the beneficial use of byproducts such as 
capturing excess nitrogen oxide and utilizing it to produce 
ammonium sulfate fertilizer suitable for agricultural use.
    Within available funds for Material Supply Chains, the 
recommendation provides not less than $5,000,000 to apply the 
Office of Science's leadership computing facility expertise in 
machine learning to increase efficiencies in manufacturing 
processes, including large-scale, high-rate, aerostructures 
manufacturing.
    The recommendation provides $50,000,000 for Technical 
Assistance and Workforce Development.
    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. Within available funds for Technical 
Assistance and Workforce Development, the recommendation 
provides $5,000,000 to expand the technical assistance provided 
for water and wastewater treatment. The fiscal year 2022 Act 
directed the Department to provide a briefing its plan to 
ensure the technical assistance is aligned with the related 
programs operated by the Environmental Protection Agency and 
Department of Agriculture to assist communities that seek to 
upgrade systems to utilize energy efficient and alternative 
energy improvements at these facilities. The Committee is still 
awaiting this briefing and directs the Department to provide it 
not later than 30 days after enactment of this Act. Within 
available funds for Technical Assistance and Workforce 
Development, the recommendation 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 Department is encouraged to support innovation in water 
technologies that will incentivize technology developments for 
the blue economy, including consideration of establishing a 
Center of Excellence, with a focus on the Great Lakes region. 
The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a briefing on 
this matter.
    Within available funds for Technical Assistance and 
Workforce Development, the recommendation provides not less 
than $10,000,000 for the Lab-Embedded Entrepreneurship Program 
(LEEP) to advance the entrepreneurial development of clean 
energy innovations, with a focus on those that address 
challenges to decarbonization. The Department is directed to 
coordinate this program with the Office of Technology 
Transitions. The Department is directed to allow up 20 percent 
of technical funding provided to participants in LEEP to be 
used to cover costs associated with business development and 
operation and other working capital needs. The Department is 
encouraged to collaborate with other offices within the 
Department and with the National Science Foundation to provide 
educational resources to LEEP participants. The Department is 
directed to make available up to $1,000,000 to each LEEP node 
to increase the diversity of applicants and participants in the 
LEEP program.
    The Department is encouraged to support battery 
manufacturing pilot centers at academic institutions to 
accelerate regional workforce development in the battery 
industry. The Department is encouraged to prioritize funding to 
academic institutions that can demonstrate strong connections 
and support from regional energy storage industries.
    The Department is encouraged to consider direct involvement 
with the American Indian Higher Education Consortium/Tribal 
Colleges and Universities (AIHEC/TCU) Advanced Manufacturing 
Network Initiative. The AIHEC/TCU Advanced Manufacturing 
Network Initiative is an innovative training and education 
program at five TCUs with the goal of developing an American 
Indian/Alaska Native advanced manufacturing technical and 
engineering workforce through certificate and four-year degree 
programs. The initiative facilitates partnerships between 
tribes, TCUs, national laboratories, and industry partners to 
create new reservation-based economic and employment 
opportunities through the design, manufacture, and marketing of 
high-quality products.
    Building Technologies.--The recommendation provides not 
less than $80,000,000 for Commercial Building Integration, not 
less than $90,000,000 for Residential Buildings Integration, 
and not less than $75,000,000 for Equipment and Building 
Standards.
    The recommendation provides not less than $30,000,000 to 
continue to invest in transactive energy and control research 
and development efforts to support demonstrations in which 
renewable energy and energy efficiency elements connected to 
the electric grid, such as buildings; wind and solar; energy 
storage; including batteries; hydrogen technologies; and 
electric vehicle charging stations, work together seamlessly to 
enhance reliability, security, and efficiency of the nation's 
electric grid. The Department is directed to prioritize market-
based transactive energy principles, from the individual energy 
generation/consumption nodes to the wholesale and energy 
distribution markets. The Department is directed to establish 
efforts in various parts of the country where prevailing 
weather and market constructions differ. The Department is 
further directed to prioritize projects that connect multiple 
physically separated sites with multiple topologies.
    The Committee notes the significant progress being made in 
advanced lighting and controls and commends the Department's 
recent field evaluation efforts that have demonstrated the 
potential for these technologies to deliver broad societal 
benefits, in addition to increasing building efficiency and 
reducing emissions. The recommendation provides up to 
$50,000,000 for solid-state lighting. The Department is 
directed to accelerate field evaluations that explore the 
potential of advanced, tunable lighting to deliver health, 
wellness, and productivity benefits, in addition to greater 
energy efficiency.
    The recommendation provides up to $40,000,000 to facilitate 
deep whole-house energy efficiency retrofits, particularly 
those using innovations from the Advanced Building Construction 
Initiative, such as demonstrations, outreach, engagement, and 
training to private sector contractors. These efforts shall 
include continuing efforts to advance smart home technology.
    The Department is directed to develop programs to support a 
skilled, robust, diverse, and nationally representative 
building energy efficiency and building energy retrofit 
workforce. The recommendation provides up to $40,000,000 for 
these activities. The Department is encouraged to work with 
two-year, community and technical colleges, labor, and 
nongovernmental and industry consortia to advance job training 
programs and to collaborate with the Department of Education, 
the Department of Labor, and the residential and commercial 
building efficiency industry to ensure support is reaching 
small energy efficiency businesses that have had difficulties 
accessing federal support.
    The recommendation provides up to $30,000,000 for energy-
related research and development in buildings. The Committee 
recognizes that significant research and development gaps 
remain to transition to lower-carbon and zero-carbon fuels in 
buildings. The Department is encouraged to continue to explore 
research and development that can advance systems and 
appliances, driven by delivered fuels, including renewable 
fuels and hydrogen, to meet consumer demand for high efficiency 
and environmentally-friendly products in residential and 
commercial building applications, including heat pumps with 
power generation and water heating; increased utilization of 
renewable fuels and hydrogen; appliance venting; hybrid fuel-
fired and electrically driven systems; distributed carbon 
capture; mitigation of behind the meter methane emissions; and 
on-site micro combined heat and power to include cooling and 
integration with renewables.
    The Department is encouraged to expand efforts within the 
Advanced Building Construction initiative to scale development 
and adoption of innovative technologies to produce affordable, 
energy efficient buildings and retrofits with low lifecycle 
carbon impacts. The Department is directed to support technical 
assistance to state, local, and tribal governments to reduce 
emissions from buildings through efficient electrification 
strategies. The Department is encouraged to continue to expand 
its work on Equipment and Buildings Standards, including an 
expansion of the Building Energy Codes Program. The Committee 
supports efforts of the Building Energy Codes Program to 
expedite and expand training and technical assistance efforts, 
including certifications, and provide technical assistance to 
states, local governments, regional collaboratives, workforce 
development providers, homebuilders, office builders, 
architects and engineers, and other organizations that develop, 
adopt, or assist with the adoption or compliance with model 
building energy codes and standards to improve energy 
efficiency and resilience, and reduce emissions.
    The Department is encouraged to advance building upgrades 
and energy efficiency retrofits of homes. This work may include 
partnerships with cities, states, affordable housing entities, 
utilities, manufacturers, and others to spur innovative 
approaches and dramatically drive investment in energy upgrades 
of the nation's 120 million homes. In addition, these efforts 
may include work in grid-integrated efficient buildings and 
inclusion of smart grid systems, demand flexibility, as well as 
new initiatives in workforce training to ensure the technology 
and research findings reach practitioners. Programs and 
investments may promote solutions that consider consumer 
interests and are therefore more likely to gain widespread 
uptake. The Department is encouraged to support research, 
demonstration, and field testing of new technology and focusing 
on facilitating widespread deployment and dissemination of 
information and best practices through direct engagement with 
builders, the construction trades, equipment manufacturers, 
smart grid technology and systems suppliers, integrators, and 
state and local governments and other market transformation 
activities.
    The Department is encouraged to continue to explore 
research and development that can advance future natural gas, 
renewable natural gas, propane gas, and renewable propane gas 
systems and appliances, including hybrid technologies and 
controls, to meet consumer demand for high efficiency and 
environmentally friendly products. The Department is encouraged 
to continue research, development, and market transformation 
programs on energy efficiency and demand management efforts 
related to the direct use of natural gas and propane gas in 
residential applications, including gas heat pump heating with 
power generation and water heating, on-site combined heat and 
power, and gas appliance venting, and on site (micro) combined 
heat and power including a cooling integration with renewables.
    The Department is directed to prioritize energy efficiency 
measures that reduce energy consumption, especially among high 
energy-burden households within communities of color. The 
Department is directed further to focus on increasing 
availability of and access to publicly, individually, and 
community-owned heat pumps.
    The Committee recognizes the mission of the Department to 
advance research to improve energy efficiency in industrial 
buildings and directs the Department to support collaborative 
projects with the Department of Agriculture's Agricultural 
Research Service to improve the energy efficiency in controlled 
environmental agriculture (CEA). High energy costs are a 
barrier to success for CEA businesses.
    The fiscal year 2022 Act directed the Department to provide 
a briefing outlining the opportunities and challenges in 
deploying energy efficient building technologies in public 
buildings and buildings that host providers serving community 
needs, such as food banks. The Committee is still awaiting this 
briefing and directs the Department to provide it not later 
than 30 days after enactment of this Act.

                  STATE AND COMMUNITY ENERGY PROGRAMS

    Within State and Community Energy Programs, the Department 
is encouraged to support grants for energy efficiency and 
resiliency retrofits to public buildings, including schools, 
hospitals, and community centers. The Department is directed to 
consider social equity; workforce development and labor 
standards; public health effects; and environmental and energy 
justice in conducting activities and to prioritize projects and 
grantees that advance equity and justice and maximize public 
health benefits, emissions reduction, and the creation of 
quality jobs. Further, the Committee directs the Department to 
provide program guidance encouraging grantees to utilize the 
White House Council on Environmental Quality's Justice40 
screening tool along with relevant federal or state 
environmental justice screening tools.
    The Department is directed to coordinate and expand 
activities to convene municipal governments, provide robust and 
tailored technical assistance to municipal governments, and 
provide funding and support to municipal governments or 
national and local partner organizations to implement best 
practices to advance energy efficiency adoption, building and 
vehicle electrification, grid modernization, distributed 
electricity generation, and workforce development at the local 
level. The Department is directed to include work with 
organizations that convene and support municipal governments.
    The Department is encouraged to work with all relevant 
stakeholders to identify efficiencies for delivering 
weatherization services and examine options to streamline 
policies and procedures when other funding sources are utilized 
in conjunction with funds from the Department.
    The Committee recognizes the importance of providing funds 
to states, local governments, and tribes in a timely manner to 
avoid any undue delay of services to eligible low-income 
households and to encourage local high-impact energy efficiency 
and renewable energy initiatives and energy emergency 
preparedness. Therefore, the Department is directed to obligate 
funds expeditiously to grantees.
    Weatherization.--The Department is encouraged to work 
collaboratively with the Building Technologies Office to 
develop a unified approach to residential workforce training 
and standardized residential energy efficiency upgrade 
packages.
    The Department is directed to provide to the Committee not 
later than 30 days after enactment of this Act a briefing 
regarding ongoing efforts at the Department to collaborate with 
the Department of Health and Human Services' Low Income Home 
Energy Assistance Program (LIHEAP) program, at the Department 
of Housing and Urban Development's HOME Investment Partnerships 
Program (HOME), and with the Department of Veterans Affairs. 
For instance, the Department signed a memorandum of 
understanding with the Department of Housing and Urban 
Development to streamline the weatherization eligibility 
process for residents in approximately 1.1 million public 
housing units, another 1.2 million privately owned federally 
assisted units, and some 950,000 units financed with Low Income 
Housing Tax Credits. Interagency collaboration among federal 
agencies could be particularly helpful for identifying and 
weatherizing residences under the various agencies' 
weatherization programs. The Department is encouraged to work 
collaboratively with other federal agencies and to outline ways 
the various weatherization and home assistance programs can 
better integrate assistance for structurally deficient but 
weatherable residences.
    State Energy Program.--The Department is directed to 
support technical assistance on energy and related air quality 
in schools. The Department is directed to consider additional 
technical assistance to continue the Sustainable Wastewater 
Infrastructure of the Future Accelerator.
    Energy Future Grants.--The Department is directed to 
support novel state-, local-, and tribal level approaches that 
encourage early action and novel methods for clean energy 
deployment, prioritizing investments that meet energy needs at 
the local level and are inclusive in elevating impoverished, 
disenfranchised, marginalized, or overburdened communities. The 
Department is directed to conduct this program on a competitive 
basis. Eligible entities shall include states, local 
governments, communities, U.S. territories, and tribes.
    The Committee recognizes the importance of these 
investments to deploy clean energy technologies to help 
communities address climate change, criteria air pollutants, 
and energy resiliency from climate-related weather events. The 
Department is encouraged to prioritize clean energy microgrids 
that support critical community infrastructure, to prioritize 
projects in environmental justice communities, to require 
eligible entities to prioritize contracts to implement grants 
for minority-owned and operated entities or women-owned and 
operated entities, to prioritize community-owned clean energy 
projects, and to require that funded projects pay prevailing 
wages.
    The Department is encouraged to support projects related to 
municipal water pump station generators along the southern 
border. The Department is encouraged to consider projects that 
support municipal water pump station generators in cities that 
host the bases of multiple military branches.
    The Department is directed to provide to the Committee not 
later than 60 days after enactment of this Act a report on how 
it is implementing the Energy Future Grants program.

                 MANUFACTURING AND ENERGY SUPPLY CHAINS

    The recommendation provides not less than $13,000,000 to 
support the Industrial Assessment Centers.

                   FEDERAL ENERGY MANAGEMENT PROGRAM

    The recommendation provides up to $2,000,000 for workforce 
development and the Performance Based Contract National 
Resource Initiative. The Department is directed to facilitate 
performance contracting projects by increasing contracting and 
technical staff and ensuring adequate education and oversight.
    The Department is directed to continue the consideration of 
all AFFECT grant funding to be leveraged through private sector 
investment in federal infrastructure to ensure maximum overall 
investment in resiliency, efficiency, emissions reductions, and 
security. The Department is encouraged to prioritize funding to 
projects that attract at least ten dollars for each federal 
dollar invested and that utilize public-private partnerships 
like energy savings performance contracts (ESPCs) and utility 
energy service contracts (UESCs). The Department is directed to 
conduct a solicitation for the Indefinite Delivery, Indefinite 
Quantity in fiscal year 2023 if additional funds are available 
for these activities that were not included in this Act.
    The Department is encouraged to coordinate with the General 
Services Administration to prioritize achieving immediate 
carbon reductions using existing energy infrastructure and 
factoring in cost alternatives in efforts to decarbonize 
mission critical and iconic federal facilities and operations, 
in accordance with Executive Order 14057, including 
incorporating certified natural gas; renewable natural gas; 
hydrogen; geothermal; energy efficiency upgrades and appliances 
including combined heat and power; and carbon capture. In 
addition, the Department is encouraged to incorporate 
considerations of energy security, cybersecurity, reliability, 
and resiliency in its decision-making processes related to 
Executive Order 14057.
    The Committee supports the Net-Zero Laboratory Initiative 
to achieve ambitious, real-world pathways to net-zero emissions 
with enhanced resilience. The Department is encouraged to 
prioritize funding projects from the national laboratory 
pilot's established roadmaps to catalyze adoption not only for 
other national laboratories but also to the entire federal 
agencies' operational footprints.

                           CORPORATE SUPPORT

    Program Direction.--The recommendation provides not less 
than $22,500,000 for the Office of State and Community Energy 
Programs, not less than $1,000,000 for the Office of 
Manufacturing and Energy Supply Chains, not less than 
$14,000,000 for the Federal Energy Management Program, and not 
less than $200,000,000 for the Office of Energy Efficiency and 
Renewable Energy.

         Cybersecurity, Energy Security, and Emergency Response


 
 
 
Appropriation, 2022...................................      $185,804,000
Budget estimate, 2023.................................       202,143,000
Recommended, 2023.....................................       205,000,000
Comparison:
    Appropriation, 2022...............................       +19,196,000
    Budget estimate, 2023.............................        +2,857,000
 

    The Office of Cybersecurity, Energy Security, and Emergency 
Response (CESER) leads efforts to secure the nation's energy 
infrastructure against all hazards, reduce the risks of and 
impacts from cyber events and other disruptive events, and 
assist with restoration activities. A reliable and resilient 
power grid is critical to the nation's economic competitiveness 
and leadership.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Department is directed to include an itemization of 
funding levels below the control point in future budget 
submissions.
    Given concerns about the longstanding lack of clarity on 
the Department's cyber research and development 
responsibilities, CESER is directed to coordinate with the 
Office of Electricity and relevant applied energy offices in 
clearly defining these program activities. The Department is 
directed to provide the Committees quarterly updates on these 
topics.
    In light of documented cyber targeting of utilities, 
including by state actors, the Committee encourages the 
Department to incorporate pilot programs with private sector 
participants to demonstrate active defense cybersecurity 
protection.
    Recent cyberattacks in the energy sector underscore the 
importance of preparing a highly trained cybersecurity 
workforce in the United States. Challenges with cybersecurity 
in the energy sector require a community of industry, 
educators, and innovators working together. Collaboration 
increases relevance for all institutions by keeping pace with 
the malicious threat. The Department is encouraged to develop 
cybersecurity consortiums of public-private-partnerships 
between public universities, local and state government, and 
private industry to develop a community of relevance in 
cybersecurity workforce development for the energy sector.
    The Department is encouraged to expand student research 
participant opportunities within its cyber workforce 
development programs and projects by expanding its utilization 
of the DOE Scholars Program.
    Risk Management Technology and Tools.--The recommendation 
provides $20,000,000 for the Cyber Testing for Resilient 
Industrial Control System (CyTRICS) program. The Department is 
directed to continue supporting consequence-driven cyber-
informed engineering activities at a level consistent with 
prior years.
    The Committee is concerned about the substantial and 
growing threat from cybersecurity attacks to the electrical 
grid. The Committee is encouraged by the Department's grid 
modernization efforts, which provide a basis for modernizing 
the U.S. electric grid with built-in security protections. The 
Committee supports the Department's efforts to identify and 
develop defenses for these new cyber threats, including 
developing proof of concept algorithms that can be tested 
across a full range of attacks in both testbed and real 
environments. The Department is encouraged to pursue these 
defenses through collaborative efforts involving the national 
laboratories, universities, and private sector entities.
    The Committee places a high priority on ensuring the 
protection of the electric grid against cyberattacks and 
remains concerned about the rise in frequency and 
sophistication of large-scale, nation state-directed attacks. 
The Committee recognizes the need to enhance secure processing 
systems to strengthen defense of the grid. The recommendation 
provides not less than $6,800,000 to expedite development and 
testing of secure inputs, processing, and outputs of systems 
utilizing novel cybersecurity technology.
    The Committee encourages the Department to establish 
partnerships among universities and national laboratories to 
advance research on cyber-immune critical infrastructure. The 
Committee believes a cyber-immune framework should begin with 
using mapping tools to scan both information technology and 
operational technology networks and build machine learning 
algorithms to analyze captured packets to accurately identify 
the types of devices on the networks and their functions. These 
capabilities can be extended to provide continuous monitoring 
for devices and networks to detect when new devices are added 
or device configuration changes. An instrumented campus of 
higher education can then be used as a data source and test bed 
for the development of capabilities and demonstration.
    The recommendation provides up to $4,000,000 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. This activity should be conducted in coordination 
with the Office of Electricity.
    The recommendation provides not less than $5,000,000 to 
conduct a demonstration program of innovative technologies, 
such as technologies for monitoring vegetation management, to 
improve grid resiliency from wildfires.
    Response and Restoration.--The Committee places a high 
priority on ensuring the protection of the grid against 
cyberattacks and extreme weather events. The Response and 
Restoration program coordinates a national effort to secure the 
U.S. energy infrastructure against all hazards, reduce impacts 
from disruptive events, and assist industry with restoration 
efforts. The Response and Restoration program delivers a range 
of capabilities including energy sector emergency response and 
recovery (including emergency response of a cyber nature); 
near-real-time situational awareness and information sharing 
about the status of the energy systems to improve risk 
management; analysis of evolving threats and hazards to energy 
infrastructure; and technical assistance that incorporates 
exercises in order to strengthen federal, regional, state, 
tribal, and territorial abilities to work together to prepare 
for and mitigate the effects of an energy sector emergency.
    The Department is encouraged to foster partnerships between 
national laboratories, universities, electricity sector 
utilities, and state and local government entities to identify 
and mitigate the prevalent and constantly evolving national 
security threats to regional infrastructure.
    Information Sharing, Partnerships, and Exercises.--The 
Department is encouraged to continue trusted partnerships with 
information sharing platform providers which reduce security 
risks by not collecting and centralizing sensitive data such as 
IP addresses, logs, packet captures and file names and keep 
participants' data on premises. The recommendation provides up 
to $10,000,000 to expand collective defense and community-wide 
visibility programs designed for operational technology and 
industrial control system networks.

                              Electricity


 
 
 
Appropriation, 2022...................................      $277,000,000
Budget estimate, 2023.................................       297,386,000
Recommended, 2023.....................................       350,000,000
Comparison:
    Appropriation, 2022...............................       +73,000,000
    Budget estimate, 2023.............................       +52,614,000
 

    The Electricity account supports activities of the Office 
of Electricity and the Grid Deployment Office. The Office of 
Electricity (OE) leads efforts in developing new technologies 
to strengthen, transform, and improve electricity delivery 
infrastructure so all consumers have equitable access to 
resilient, secure, and clean sources of electricity. The Grid 
Deployment Office (GDO) focuses on the development of new and 
upgraded high-capacity electric transmission lines nationwide 
and deploying transmission and distribution technologies to 
improve the resilience of the nation's electric infrastructure.
    Given concerns about the longstanding lack of clarity on 
the Department's cyber research and development 
responsibilities, OE is directed to coordinate with the Office 
of Cybersecurity, Energy Security, and Emergency Response 
(CESER) and other relevant offices in clearly defining these 
program activities. The Department is expected to integrate 
cybersecurity, where relevant, throughout all of OE's research, 
development, demonstration, and deployment activities.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Department is directed to include an itemization of 
funding levels below the control point in future budget 
submissions.
    The Department is directed to enhance electric systems 
resilience, particularly through the Transmission Reliability 
and Resilience; Resilient Distribution Systems; and Applied 
Grid Transformation Solutions programs, to increase grid 
flexibility nationwide and improve resiliency to extreme 
weather, disasters, and cyberattacks.
    The recommendation provides up to $15,000,000 for energy 
storage technology and microgrid assistance to assist electric 
cooperatives and municipal power utilities in deploying energy 
storage and microgrid technologies.

                    GRID CONTROLS AND COMMUNICATIONS

    Transmission Reliability and Resilience.--The fiscal year 
2021 Act directed the Department to provide a report 
summarizing the results of a 12 month non-contact sensor 
monitory study. The Committee is still awaiting this report and 
directs the Department to provide the report not later than 15 
days after enactment of this Act.
    Resilient Distribution Systems.--The Department is directed 
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 advancing the 
deployment of innovative technologies, tools, and techniques to 
modernize and increase the resiliency of the distribution 
portion of the electricity delivery system. The Department is 
encouraged to work with national laboratories and industry to 
advance best practices to technology deployment and adoption 
across the country.
    The Department is encouraged to pursue strategic 
investments to improve reliability, resilience, outage, 
recovery, and operational efficiency, building upon previous 
and ongoing grid modernization efforts.
    In addition to emerging fuel technologies for distributed 
grids, the Department is directed to evaluate currently 
available distributed fuels, such as propane-fueled microgrids 
and their ability to be paired with renewable technology.
    The Department is directed to focus on identifying and 
addressing technical and regulatory barriers impeding grid 
integration of distributed energy systems to reduce energy 
costs and improve the resiliency and reliability of the 
electric grid and funds provided for the Advanced Grid 
Integration Division for these activities. The Committee 
supports advanced control concepts and open test beds for new 
distribution control tools for enhanced distribution system 
resilience.
    The Department is directed to provide public utility 
commissions and state energy offices with technical assistance 
for understanding distribution planning, interconnection, and 
modeling of distributed energy sources. The recommendation 
provides up to $5,000,000 to evaluate and identify a standard 
approach to modeling distributed energy resources.
    The Department is directed to provide to the Committee not 
later than 180 days after enactment of this Act a report 
related to the ability of the electric system to meet the 
demand of new electric vehicle charging infrastructure. The 
report should anticipate the growth in the use of light duty, 
medium duty, and heavy duty electric vehicles and assess how 
much additional electric generation, transmission, and 
distribution capacity will need to be added to the electric 
system to meet demand. The Department is directed to provide to 
the Committee not later than 90 days after submission of the 
report a plan, including recommendations, on how the Department 
can assist the electric system in meeting the anticipated 
increase in demand. For the report and plan, the Office of 
Electricity is directed to coordinate with the Grid Deployment 
Office, the Vehicle Technologies Office, and the Joint Office 
of Energy and Transportation.
    The Department is directed to support the COMMANDER 
(Coordinated Management of Microgrids and Networked Distributed 
Energy Resources) National Test Bed to establish a data link 
for a back-up operations center that can benefit utility 
companies across the country and support the North American 
Energy Resilience Model.
    Cyber Resilient and Secure Utility Communications 
Networks.--The Department is directed to support the DarkNet 
project.
    The Department, in coordination with CESER, is encouraged 
to support 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.

                 GRID HARDWARE, COMPONENTS, AND SYSTEMS

    Energy Storage.--The agreement provides not less than 
$10,000,000 for a competitive pilot demonstration grant 
program, as authorized in section 3201 of the Energy Act of 
2020, for energy storage projects that are U.S-controlled, 
U.S.-made, and North American sourced and supplied. The 
Department is directed to include in this program large scale 
commercial development and deployment of long cycle life, 
lithium-grid scale batteries and their components.
    Transformer Resilience and Advanced Components.--The 
recommendation provides up to $5,000,000 for the Grid Research 
Integration and Demonstration Center.
    High voltage direct current (HVDC) converter stations are 
the costliest component of long-distance transmission. The 
Department is directed to develop an HVDC moonshot initiative 
to support research and development to reduce the costs of HVDC 
technology and long-distance transmission, including for 
nascent superconducting technology. These cost reductions would 
allow for more ``pick-up'' and ``drop-off'' stations, which 
would enable more local connections to the grid and expand 
benefits to communities along transmission corridors. 
Additionally, advanced HVDC technologies can potentially 
provide services, such as black start capability, that support 
reliability and security. The Department is directed to work 
collaboratively across OE and GDO on these efforts.
    The Department is directed to provide to the Committee not 
later than 180 days after enactment of this Act a report 
regarding the environmental, economic, and clean energy 
deployment benefits of establishing an energy conservation 
standard for overhead electricity conductors that move 
electricity at voltages equal to or greater than 69 kV on the 
electric grid from sources of generation or storage into the 
distribution system for final delivery. For the purposes of the 
report, the standard should be based on the electrical 
resistance of such conductors as measured at 20 degrees 
Celsius. The report shall examine whether establishing such a 
standard will (1) reduce line losses and their associated 
emissions; (2) expedite the deployment of additional 
transmission capacity to clear interconnection queues and 
accommodate additional renewable capacity on the electric grid; 
(3) reduce transmission line sagging in wildfire-prone regions; 
(4) reduce permitting timelines for adding new transmission 
capacity to the electric grid; and (5) any additional matters 
the Department deems appropriate. The Office of Electricity 
shall coordinate with the Grid Deployment Office, the Office of 
Energy Efficiency and Renewable Energy, and the Federal Energy 
Regulatory Commission on the report.
    The Committee remains concerned about the escalating cost 
of rebuilding utility infrastructure in regions subject to the 
effects of extreme weather and climate change and considers the 
most appropriate strategy to rebuild federally funded utility 
infrastructure only to specifications that can withstand 
foreseeable environmental outcomes.
    The Department is directed 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. Because there are limited viable 
alternatives to Sulfur Hexafluoride (SF6) in power generation 
and transmission equipment above 72kV, the Department is 
encouraged to support research and development to advance safe 
and effective capture and reuse technologies for the use of SF6 
in components like circuit breakers. Below 72kV power 
generation and distribution equipment is fully capable of being 
designed and manufactured without SF6; therefore, the 
Department is directed to support research and development to 
advance safe and effective alternatives to SF6, including in 
circuit breakers, reclosers, sectionalizers, load break 
switches, switchgear and gas insulated lines.
    The Department is directed to provide not later than 270 
days after enactment of this Act a quantitative study of the 
potential benefits of high-ampacity transmission and 
distribution conductor technologies as they would operate in 
transmission and distribution systems relative to lower-
ampacity transmission and distribution conductor technologies.

                            GRID DEPLOYMENT

    The Department is encouraged to provide public utility 
commissions and state energy offices with technical assistance 
for understanding distribution planning, interconnection, and 
modeling of distributed energy sources.
    The Committee recognizes the Department's work on 
transmission facilitation and efforts to engage with 
stakeholders to ease the process of building transmission. The 
Department is encouraged to continue supporting high voltage 
transmission activities. The Department is directed to provide 
to the Committee not later than 270 days after enactment of 
this Act a report on the status of the Department's 
transmission facilitation programs.
    Wide scale adoption of emerging and existing digital 
technology solutions may assist regulated utilities in the 
registration, scheduling, dispatch/activation, measurement/
verification, and financial settlement of energy customers and 
their devices. The Department is directed to provide to the 
Committee not later than 180 days after enactment of this Act a 
report that explores the obstacles and opportunities for 
adoption of information technology modernization technologies 
by utilities bound by the current cost-of-service regulatory 
model. Further, the report shall include the current treatment 
of the adoption of such technologies in rate recovery.
    The Department is directed to consider funding for HVDC 
transmission projects, especially those of at least 345kV and 
1,000 megawatts of capacity, with a focus on connecting 
balancing authorities and using existing transportation 
corridors to speed installation and decrease environmental 
impact.

                             Nuclear Energy


 
 
 
Appropriation, 2022...................................    $1,654,800,000
Budget estimate, 2023.................................     1,675,060,000
Recommended, 2023.....................................     1,779,800,000
Comparison:
    Appropriation, 2022...............................      +125,000,000
    Budget estimate, 2023.............................      +104,740,000
 

    Nuclear power generates approximately one-fifth of the 
nation's electricity and continues to be an important zero 
carbon-emissions energy source. The Department's Nuclear Energy 
(NE) program invests in research, development, and 
demonstration activities that develop the next generation of 
clean and safe reactors, further improve the safety and 
economic viability of the current reactor fleet and contribute 
to the nation's long-term leadership in the global nuclear 
power industry.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Committee notes the potential for energy plant 
conversions and the Department's efforts to coordinate a 
research working group on this topic. Since many types of 
electric generation plants utilize steam technology for energy 
production, the Department is encouraged to consider the 
potential of converting shut down electric generation plant 
sites into nuclear plants that utilize modular nuclear 
reactors. This could have the benefit of preserving functional 
power production for the surrounding geographic area while 
avoiding the need to construct an entirely new facility. The 
Department is further encouraged to offer grants and technical 
assistance to promote such conversions into modular nuclear 
facilities.
    The Department is encouraged to explore activities to 
secure a domestic supply of nuclear grade graphite at an 
existing synthetic graphite facility that is U.S.-based and 
U.S.-owned.
    The fiscal year 2022 Act directed the Department to provide 
a report related to thorium molten-salt reactors. The Committee 
is still awaiting this report and directs the Department to 
provide the report not later than 15 days after enactment of 
this Act. The Department is encouraged to conduct advanced fuel 
cycle research, development, demonstration, and commercial 
application programs to improve fuel cycle performance, 
minimize environmental and public health and safety impacts, 
and support a variety of options for used nuclear fuel storage, 
use, and disposal, including advanced reactor and non-reactor 
concepts.
    Nuclear Energy University Program (NEUP).--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 recommendation continues 
to include a separate control point to fund NEUP and other 
crosscutting program responsibilities, including Small Business 
Innovation Research (SBIR), Small Business Technology Transfer 
(STTR), and Technology Commercialization Fund (TCF), in order 
to provide greater transparency and flexibility for this 
program. The Department is directed to provide to the Committee 
prior to the obligation of these funds a detailed spending and 
execution plan for NEUP activities. The Department is directed 
to provide to the Committee not later 90 days after enactment 
of this Act and quarterly thereafter briefings on the 
implementation of NEUP.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides $6,500,000 for the University Nuclear 
Leadership Program, previously funded as the Integrated 
University Program.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides $17,500,000 for University Fuel 
Services, previously funded as Research Reactor Infrastructure.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
Department is directed to support university-based advanced 
microreactor projects.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides up to $12,000,000 to revitalize 
existing university nuclear research infrastructure, especially 
in support of nuclear cyber-physical protection, new digital 
technologies in advanced nuclear reactors, and the development 
and safety assessments of small modular reactors.

                  NUCLEAR ENERGY ENABLING TECHNOLOGIES

    Crosscutting Technology Development.--The recommendation 
provides $12,000,000 for integrated energy systems.
    Nuclear Science User Facilities.--The recommendation 
includes not less than $12,000,000 for computational support.
    Transformational Challenge Reactor.--The Transformational 
Challenge Reactor (TCR) program provided a platform to help 
demonstrate the ability to reduce the deployment costs and 
timelines for nuclear energy systems and enhanced the 
development of technologies that provided the ability to 
manufacture small and micro advanced reactor components using 
additive manufacturing techniques. The Department is directed 
to support crosscutting research initiated under TCR through 
the Crosscutting Technology Development program, including 
through the Advanced Materials and Manufacturing Technologies 
subprogram.

                  FUEL CYCLE RESEARCH AND DEVELOPMENT

    To support availability of high-assay low-enriched uranium 
(HALEU) and other advanced nuclear fuels, consistent with 
section 2001 of the Energy Act of 2020, the recommendation 
includes $122,000,000, including $2,000,000 for Mining, 
Shipping, and Transportation; $100,000,000 for Advanced Nuclear 
Fuel Availability; and not less than $20,000,000 within 
Material Recovery and Waste Form Development.
    Advanced Nuclear Fuel Availability.--The Committee supports 
the Advanced Nuclear Fuel Availability program to make 
available small quantities of HALEU in the short term and 
supports the transition of these activities to the private 
sector for commercial HALEU production and domestic supply 
chain capabilities for the long term. The Department is 
directed to conduct these activities in a manner that will 
encourage, rather than discourage, the private sector 
commercialization of HALEU production. The Department is 
directed to disburse these funds on a competitive basis.
    The Committee recognizes that the long-term availability of 
HALEU is necessary for potential customers to fully commit to 
the purchase and construction of advanced reactors. As such, 
the Department is encouraged to utilize a competitive 
solicitation process to send a signal to potential domestic and 
international customers that the United States strongly 
supports the deployment of advanced reactors on the earliest 
possible schedule. Upon approval from the Committee, the 
Department may proceed with issuing a solicitation, awarding 
selections, and expeditiously executing the contracts without 
any further delays.
    The fiscal year 2020 Act directed the Department to provide 
an evaluation on the anticipated demand for HALEU, the timing 
of that demand, and options for meeting that demand. The 
Committee is disappointed in the outdated and insufficient 
information that was provided. Further, section 2001(b)(2) of 
the Energy Act of 2020 required the Department to submit to 
Congress not later than 180 days after the date of enactment a 
report on a program to support the availability of HALEU for 
civilian domestic demonstration and commercial use. The 
Committee is still awaiting that report and directs the 
Department to provide the report to the Committee not later 
than 30 days after enactment of this Act and not less than 60 
days prior to the obligation of Advanced Nuclear Fuel 
Availability funds. This report shall include, at a minimum, a 
plan for the program that includes specific milestones and 
timelines for completion of the program, as well as expected 
out-year costs.
    The Committee recognizes that the availability of HALEU to 
the ARDP reactors is critical to meeting deployment schedules 
and that the commercial production of HALEU may not meet the 
needs for the first core loads. The Department is directed to 
provide to the Committee not later than 30 days after enactment 
of this Act a report explaining how the Department plans to 
support the first core loads needed by the ARDP awardees to 
maintain and not delay the scheduled timelines of the 
demonstration projects.
    The Department is encouraged to consider supporting 
activities related to the testing and qualification of a next-
generation thorium/HALEU-based fuel suitable for existing and 
new reactors.
    Material Recovery and Waste Form Development.--The 
recommendation provides not less than $20,000,000 for EBR-II 
Processing for HALEU. The Department is encouraged to continue 
activities related to the ZIRCEX process.
    Accident Tolerant Fuels (ATF).--The Committee continues to 
place a high priority on this program and urges the Department 
to maintain focus and priority on achieving results in these 
efforts. The recommendation provides not less than $10,000,000 
for further development of silicon carbide ceramic matrix 
composite fuel cladding for light water reactors. The 
Department is directed to provide to the Committee not later 
than 60 days after enactment of this Act a table summarizing 
the allocation of these funds. The Committee supports 
activities to develop post-Halden capabilities to support ATF 
qualification.
    Fuel Cycle Laboratory R&D.--The recommendation provides not 
less than $10,000,000 for an advanced metallic fuels program.
    Used Nuclear Fuel Disposition R&D.--The recommendation 
provides $5,000,000 for advanced reactor used fuel disposition.
    The Department is directed to develop an integrated 
strategy between the Office of Nuclear Energy and the Office of 
Environmental Management to establish a road-ready, dry storage 
packaging configuration capability for Department-owned spent 
fuel. The Department is directed to provide to the Committee 
not later than 180 days after enactment of this Act a briefing, 
including participation from the Office of Nuclear Energy and 
the Office of Environmental Management, on an implementation 
strategy for these activities.
    Integrated Waste Management System.--The Department is 
directed to move forward under existing authority to identify a 
site for a federal interim storage facility. The Department is 
further directed to use a consent-based approach when 
undertaking these activities. The Department is reminded that 
the Nuclear Waste Policy Act provides for a wide variety of 
activities that may take place prior to the limitation in that 
Act.
    The Department is directed to continue site preparation 
activities at stranded sites, to evaluate the re-initiation of 
regional transport, and to undertake transportation 
coordination efforts.

       REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION

    Advanced Small Modular Reactor RD&D.--The recommendation 
provides $165,000,000 for ongoing demonstration activities. The 
Department is directed to conduct independent cost and project 
management of ongoing demonstration activities through the 
Office of Clean Energy Demonstrations, similar to the 
demonstrations of the Advanced Reactor Demonstration Program.
    Advanced Reactor Technologies.--The recommendation provides 
not less than $8,500,000 for Advanced Reactor Concepts and up 
to $20,000,000 for MARVEL.
    The Department is encouraged to support industry-led 
activities to address technology gaps and regulatory 
development needs of next generation light water and non-light 
water reactor technologies, including small modular reactors.

                ADVANCED REACTORS DEMONSTRATION PROGRAM

    The Committee notes the importance of the deployment of 
advanced reactors to the nation's ability to regain its 
leadership in nuclear energy and the contribution of nuclear 
energy to meeting climate goals. The Committee is encouraged by 
the Department's pace of activities in establishing the 
Advanced Reactors Demonstration Program (ARDP). This program 
will help facilitate the accelerated development and deployment 
of advanced reactors. The Department is directed to continue to 
ensure the program moves forward expeditiously.
    The Department is directed to clearly articulate future 
funding needs for the programs within the ARDP in future budget 
requests.
    National Reactor Innovation Center.--The recommendation 
supports capital design and construction activities for 
demonstration reactor test bed preparation at Idaho National 
Laboratory supporting reactor demonstration activities. The 
Department is directed to provide to the Committee not later 
than 90 days after enactment of this Act a briefing on the 
support and proposed activities, timelines for these 
activities, and expected out-year costs of the National Reactor 
Innovation Center.

                             INFRASTRUCTURE

    ORNL Nuclear Facilities Operations and Maintenance.--The 
recommendation provides $20,000,000 for ORNL Nuclear Facilities 
Operations and Maintenance for the continued safe operations 
and maintenance of the Oak Ridge National Laboratory hot cells.
    The fiscal year 2021 Act directed the Department to provide 
to the Committee a briefing on the funding levels required for 
operations and maintenance of Oak Ridge National Laboratory 
nuclear facilities. The Committee is disappointed in the lack 
of progress on this issue and lack of coordination between the 
Office of Science and Office of Nuclear Energy. The Department 
is directed to provide to the Committee not later than 60 days 
after enactment of this Act a briefing to provide an update 
about progress made on this topic. The briefing shall include 
participation from the Office of Science and Office of Nuclear 
Energy.
    INL Facilities Operations and Maintenance.--The 
recommendation provides $315,000,000 for INL Facilities 
Operations and Maintenance to support the reliability and 
sustainability of the Materials and Fuels Complex (MFC) and the 
Advanced Test Reactor (ATR).
    Idaho Sitewide Safeguard and Security.--The recommendation 
provides $149,800,000 for Idaho Sitewide Safeguards and 
Security.

                  Fossil Energy and Carbon Management


 
 
 
Appropriation, 2022...................................      $825,000,000
Budget estimate, 2023.................................       893,160,000
Recommended, 2023.....................................       880,000,000
Comparison:
    Appropriation, 2022...............................       +55,000,000
    Budget estimate, 2023.............................       -13,160,000
 

    The Fossil Energy and Carbon Management advances carbon 
reduction and mitigation in sectors and applications that are 
difficult to decarbonize, including the industrial sector, with 
technologies and methods such as carbon capture and storage, 
hydrogen, and direct air capture, while assisting in 
facilitating the transition toward a net-zero carbon economy 
and rebuilding a U.S. critical minerals supply chain.
    The Committee supports the budget request, which continues 
to refocus funding from traditional fossil combustion-centric 
activities to climate-centric activities.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in the front matter of Department of 
Energy.
    The Committee notes the budget request proposes new control 
points for Policy and Analysis; Justice and Engagement; and 
NETL Interagency Working Group. The Department may support 
these activities, similar to prior years, through funds 
provided within the recommendation.
    Consistent with direction provided in previous fiscal 
years, the Committee does not support the closure of any 
National Energy Technology Laboratory (NETL) site and provides 
no funds to plan, develop, implement, or pursue the 
consolidation or closure of any of the NETL sites.
    The recommendation includes not less than $5,000,000 for 
integrated energy systems. The Committee directs the Department 
to continue efforts to support natural gas demand response 
pilot programs.
    The Committee notes that liquefied petroleum gases (LPGs), 
including propane, are increasingly being generated from 
renewable sources. The Department is directed to support 
research, development, and demonstration activities to show the 
increased viability of renewable LPG and to pursue new 
production pathways from sustainable aviation fuel production, 
landfill waste, and animal waste.
    The recommendation provides up to $50,000,000 to support 
pilot and demonstration activities for chemical looping 
hydrogen production and carbon capture. The Department is 
encouraged to support a chemical looping hydrogen production 
and carbon capture commercial demonstration project using 
natural gas, biomass, or coal to demonstrate the technical, 
operational, and economic advantages of chemical looping for 
clean hydrogen production and carbon capture.
    The Committee supports the Department's efforts to offer 
undergraduate, graduate, and post-graduate students majoring in 
scientific, technology, engineering, and mathematics (STEM) 
disciplines the opportunity to learn about programs, policies, 
and research, development, demonstration, and deployment 
initiatives within the Office of Fossil Energy and Carbon 
Management.
    Solid Oxide Fuel Cell Systems & Hydrogen.--The 
recommendation provides not less than $121,000,000 for the 
research, development, and demonstration of solid oxide fuel 
cell systems and hydrogen production, transport, storage, and 
use systems.
    The recommendation provides up to $50,000,000 to assess 
solutions to decrease potential emissions of nitrogen oxides 
from the direct combustion of hydrogen in natural gas fired 
power plants. The Department is directed to conduct studies 
through both laboratory and in-field testing, in geographically 
diverse areas, and include participation by electric power 
research organizations, universities, national laboratories, 
environmental organizations, and utilities.

                     CARBON MANAGEMENT TECHNOLOGIES

    Carbon capture, utilization, and storage (CCUS) is a 
process that captures carbon dioxide emissions from sources and 
either reuses or stores it so it will not enter the atmosphere. 
The potential for these technologies is considerable, and the 
use of these technologies will decrease the costs for 
mitigating climate change in addition to deploying clean energy 
and energy efficient technologies.
    The Department is directed to conduct CCUS activities, 
including front-end engineering and design studies, large pilot 
projects, and demonstration projects that capture and securely 
store volumes of carbon dioxide from fossil energy power 
plants, industrial facilities, or directly from the air 
consistent with the objectives of title IV of the Energy Act of 
2020. The Department is directed to provide to the Committee 
regular updates on these efforts.
    The Committee recognizes the importance of rapid scale-up 
of carbon management infrastructure. The Department is 
encouraged to assess environmental issues that are common to 
carbon management infrastructure projects and, where 
appropriate, consider proposing criteria for required 
environmental reviews, in consultation with the Council on 
Environmental Quality, as they relate to carbon management 
technologies.
    The Committee believes that capturing carbon emissions and 
permanently converting them into solid bulk materials may 
enable cost-effective and potentially profitable pathways to 
reducing emissions and producing low carbon intensity products 
for the circular economy. Investigating and piloting these 
novel methods provides a pathway for the United States to be at 
the forefront of emerging technologies in a rapidly developing 
industry. The Department is directed to conduct research, 
development, and demonstration activities, including studies 
and pilots, to identify categories of possible mineral and 
waste feedstocks across the United States suitable for use in 
CCUS technologies; assess the feasibility for technology 
deployment using such feedstocks to enable the production of 
low carbon cement/concretes, building materials, consumer items 
and other manufactured products; and identify applications and 
validate and quantify the low carbon attributes of these 
products. The Department is encouraged to carry out these 
activities in consultation with leading industry specialists 
and in collaboration with national laboratories.
    The Department is encouraged to continue supporting 
activities to assist communities in the design and construction 
of pilot-scale equipment and systems necessary to demonstrate 
CCUS at waste to energy plants.
    The Committee recommends funding for the Department's 
National Carbon Capture Center consistent with the cooperative 
agreement. The Department is directed to use funds within 
Carbon Management Technologies for research and development 
across a broad range of technology and fuel applications as it 
determines to be merited.
    The Department is directed to increase CCUS public-private 
partnerships and natural gas-based carbon capture research 
program opportunities at Hispanic Serving Institutions and 
other Minority Serving Institutions. The Committee strongly 
encourages the Department to prioritize inclusion of 
institutions successfully employing carbon capture technology 
within natural gas power plants. The fiscal year 2022 Act 
directed the Department to provide a report on these efforts. 
The Committee is still awaiting this report and directs the 
Department to provide it to the Committee not later than 30 
days after enactment of this Act.
    In order to mitigate the detrimental effects of climate 
change and to meet net-zero goals, it is necessary to 
accelerate the use of methods for carbon removal and storage, 
including the use and management of natural systems to 
sequester carbon and to store it permanently underground via 
mineralization processes. The Department is directed to 
establish a program to support research and development of 
novel, proof-of-principle carbon containment projects with the 
goal of finding and de-risking methods and locations to remove 
atmospheric carbon dioxide that are effective, safe, low cost, 
and scalable. The recommendation provides up to $50,000,000 to 
support work at multiple sites to pursue research, development, 
and deployment of carbon containment technologies and proximate 
carbon dioxide capturing systems that also meet regional 
economic and ecological restoration policy goals such as 
catastrophic wildfire mitigation and job creation.
    Carbon Capture.--The Department is encouraged 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. The Department 
is directed to provide to the Committee regular updates on 
these efforts.
    The Committee provides not less than $15,000,000 for 
research and optimization of carbon capture technologies at 
industrial facilities and not less than $20,000,000 for 
research and optimization of carbon capture technologies for 
natural gas power systems.
    The recommendation provides up to $60,000,000 to support 
front-end engineering and design studies, including for the 
development of a first-of-its-kind carbon capture project at an 
existing natural gas combined cycle plant. The Department is 
encouraged to prioritize entities that are primarily engaged in 
the generation of electricity from natural gas in competitive 
power markets.
    Carbon Dioxide Removal.--Carbon dioxide removal will be an 
important tool to achieve net-zero emissions economy-wide by 
2050, and the Committee supports the Department's continued 
efforts focused on carbon dioxide removal technologies.
    Carbon Utilization.--The Committee notes the unrealized 
opportunity for carbon use and reuse to encourage the avoidance 
and removal of emissions, generate valuable products, and 
create revenue streams and jobs. The Department is expected to 
significantly increase investment in the Carbon Utilization 
program, particularly in research, development, and 
demonstration activities. The recommendation supports carbon 
utilization research, development, and demonstration activities 
to advance valuable and innovative uses of captured carbon, 
including conversion to products such as chemicals, plastics, 
building materials, and fuels. The Department is directed to 
support the evaluation of carbon utilization pathways for 
consideration under section 45Q of Title 26 CFR.
    The Department is encouraged to support technologies that 
significantly improve the efficiency, effectiveness, costs, 
emissions reductions, and environmental performance of carbon 
dioxide captured from coal, natural gas, industrial facilities, 
and other sources to produce fuels and other valuable products.
    The recommendation provides not less than $10,000,000 for 
research and development of carbon utilization using algal 
systems. The Department is encouraged to conduct these 
activities through a competitive solicitation to conduct tests 
of technologies for carbon dioxide absorption integrated with 
algae systems for capturing and reusing or utilizing carbon 
dioxide to produce useful fuels and chemicals, giving priority 
for teams with university participants. The Department is 
directed to provide to the Committee regular updates on these 
efforts.
    Carbon Storage.--The recommendation provides not less than 
$40,000,000 for CarbonSAFE and not less than $20,000,000 for 
the Regional Carbon Sequestration Partnerships. The Department 
is directed to provide to the Committee regular updates on 
these efforts.
    The Committee supports the Department's efforts to support 
front-end engineering and design for carbon dioxide transport 
infrastructure necessary to deploy CCUS technologies.
    Hydrogen with Carbon Management.--The Department is 
encouraged to support hydrogen research, development, and 
demonstration activities that support fossil fuel-derived 
hydrogen production equipped with CCUS technologies that 
results in significantly reduced carbon dioxide intensity. The 
Committee notes the importance of low- and zero-carbon hydrogen 
production for a variety of end uses and supports continued 
collaboration with the Office of Energy Efficiency and 
Renewable Energy, the Office of Electricity, and the Office of 
Nuclear Energy.
    The agreement provides not less than $30,000,000 for 
Advanced Turbines to carry out research, development, and 
demonstration to develop near-zero-emission advanced turbines 
technologies.
    The Committee is encouraged by ongoing research and 
development activities related to hydrogen-fueled rotating 
detonation combustion. Power generation systems utilizing this 
technology may offer a credible energy solution for zero-carbon 
electric grid. The Department is encouraged to consider support 
for a full-scope demonstrator program for this device.
    The agreement provides up to $50,000,000 for materials 
research and development. The Department is directed to support 
the development of ceramic matrix composite (CMC) materials in 
accordance with the CMC Manufacturing Roadmap and section 4005 
of the Energy Act of 2020.
    Supercritical Transformational Electric Power (STEP) 
Generation.--The Committee supports efforts, consistent with 
the original scope of work, to complete the necessary design 
and construction of the 10-MW pilot and to conduct the 
necessary testing for the facility. The Department is directed 
to provide to the Committee a briefing on the progress, scope 
of work, and proposed additional activities prior to the 
obligation of additional funds to the pilot.
    The Committee supports 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.

                RESOURCE TECHNOLOGIES AND SUSTAINABILITY

    The recommendation provides up to $30,000,000 for the 
Department to assist in the discovery, identification, and 
characterization of undocumented orphan oil and gas wells.
    The Department is encouraged to coordinate with other 
agencies and states to maximize the benefits and minimize the 
environmental impacts of U.S. unconventional natural gas 
liquids production.
    Advanced Remediation Technologies.--The recommendation 
provides not less than $10,000,000 for university research and 
field investigations in the Gulf of Mexico to confirm the 
nature, regional context, and hydrocarbon system behavior of 
gas hydrate deposits.
    The recommendation provides not less than $10,000,000 for 
research and development activities to reduce the environmental 
impact of produced water and opportunities to reprocess 
produced water at natural gas or oil development sites.
    The recommendation provides up to $6,000,000 for the Risk 
Based Data Management System. The fiscal year 2021 Act directed 
the Department to provide a plan on how to fully transition the 
functionality and responsibility of the Risk Based Data 
Management System to states. The Committee is still awaiting 
this report and directs the Department to provide the report 
not later than 15 days after enactment of this Act.
    The Committee notes the Department's continued investment 
in research and development on unconventional fossil energy 
technologies, including support for field laboratories. The 
Department is encouraged to explore the rapid development of a 
prototype or prototypes of the new technology identified by the 
Department that uses solid propellant fuel to generate gas, 
that drives hydraulic systems to shut off unwanted flows or 
blow outs of oil or gas from onshore or offshore wells in the 
shortest possible time with the highest possible reliability 
and efficiency. The Department is encouraged to ensure that 
this new technology is created, patented, built, and deployed 
by an American company or companies and to protect the 
confidentiality of the intellectual property and patents as 
applicable.
    The Department is encouraged to explore research that 
develops improvements in enhanced recovery technologies and 
postproduction carbon dioxide sequestration. This may include 
the application of new technologies, including artificial 
intelligence, machine learning, and improved stimulation 
practices and subsurface characterization, focused on reducing 
greenhouse gas emissions from oil and gas operations and 
maximizing recovery of existing shale oil in low permeability 
reservoirs, residual oil zone reservoirs, fractured reservoirs, 
and conventional oil reservoirs. To improve environmental 
sustainability of oil and gas production, the Department is 
encouraged to advance technologies related to reduced water 
usage in oil and gas stimulation and production and increased 
efficiency and recovery of production operations. The 
Department is encouraged to prioritize funding to universities 
and not-for-profit research organizations.
    The Department is encouraged to support continued research 
and technology development to develop natural resources in the 
most environmentally prudent way possible. The Department is 
encouraged to support innovative testing and deployment through 
the Department's Field Test Sites comprehensive field 
experiments that improve the environmental impact of recovery, 
collect critical data and insights on geology, and provide 
operational efficiency. The Department is encouraged to support 
continued research focused on produced water management and 
beneficial re-use, as well as methane emissions capture and 
beneficial re-use.
    Methane Mitigation Technologies.--The recommendation 
provides $60,000,000 for Methane Mitigation Technologies, which 
includes activities previously funded through Emissions 
Mitigation from Midstream Infrastructure and Emissions 
Quantification from Natural Gas Infrastructure. The Department 
is directed to provide to the Committee regular updates on 
these efforts.
    The Department is encouraged to support activities to 
develop and demonstrate an easily implementable, maintainable, 
and low-cost integrated methane monitoring platform. The 
Department is encouraged to accelerate development and 
deployment of high-temperature harsh-environment sensors, 
sensor packaging, and wireless sensor hardware for power 
generation.
    Natural Gas Decarbonization and Hydrogen Technologies.--The 
Committee supports the Department's efforts to establish a new 
research and development initiative to effectively utilize 
natural gas for decarbonization solutions. The Committee 
supports sustainable fuels and chemicals research and 
development to provide valuable research converting abundant, 
low-cost natural gas, natural gas liquids and other gas streams 
to low-carbon, sustainable products, including chemicals and 
fuels, such as ammonia and hydrogen. The Department is 
encouraged to include comprehensive planning approaches for 
transitioning segments of the economy to hydrogen and other 
low-carbon fuels, including analysis of the infrastructure 
required to store and transport these fuels. The Department is 
encouraged to consider the establishment of a Center for 
Sustainable Fuels and Chemicals at the National Energy 
Technology Lab.
    Mineral Sustainability.--The Department is directed to 
conduct research and development to develop and assess advanced 
separation technologies for the extraction and recovery of rare 
earth elements and other critical materials from coal and coal 
byproducts. Further, the Department is directed to determine 
and mitigate any potential environmental or public health 
impacts that could arise from the recovery of rare earth 
elements from coal-based resources. The recommendation provides 
up to $6,000,000 for the Department, in collaboration with the 
Department of Commerce and U.S. Geological Survey, to pilot a 
research and development project to enhance the security and 
stability of the rare earth element supply chain.
    The Department is encouraged to support research; 
exploration development; extraction and material product and 
development; manufacturing; and recycling for critical rare 
earth minerals.

                 NATIONAL ENERGY TECHNOLOGY LABORATORY

    Within available funds for NETL Infrastructure, the 
Department is directed to prioritize funds for Joule, site-wide 
upgrades for safety, and addressing and avoiding deferred 
maintenance.
    The Committee supports the Human Resources Shared Service 
Center.

                            Energy Projects


 
 
 
Appropriation, 2022...................................            $- - -
Budget estimate, 2023.................................             - - -
Recommended, 2023.....................................       117,326,652
Comparison:
    Appropriation, 2022...............................      +117,326,652
    Budget estimate, 2023.............................      +117,326,652
 

    The Energy Projects account is included to provide for 
Community Project Funding at the Department. The recommendation 
provides $117,326,652 for the following list of projects.
    The Committee reminds recipients that statutory cost 
sharing requirements may apply to these projects.
    The Department may use program direction funds from the 
appropriate program offices to implement these projects.

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2022...................................       $13,650,000
Budget estimate, 2023.................................        13,004,000
Recommended, 2023.....................................        13,004,000
Comparison:
    Appropriation, 2022...............................          -646,000
    Budget estimate, 2023.............................             - - -
 

    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, 2022...................................      $219,000,000
Budget estimate, 2023.................................       214,175,000
Recommended, 2023.....................................       214,175,000
Comparison:
    Appropriation, 2022...............................        -4,825,000
    Budget estimate, 2023.............................             - - -
 

    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 Committee supports the Department's proposal to 
maintain the Northeast Gasoline Supply Reserve.
    No funding is requested for the establishment of a new 
regional petroleum product reserve, and no funding is provided 
for this purpose. Further, the Department may not establish any 
new regional petroleum product reserves unless funding for such 
a proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget request and approved 
by Congress in an appropriations Act.
    Following any drawdown of the Strategic Petroleum Reserve, 
except in the case of a severe energy supply interruption or as 
otherwise mandated by Congress, the Department is encouraged to 
develop a plan to increase domestic energy supplies.

                         SPR Petroleum Account


 
 
 
Appropriation, 2022...................................        $7,350,000
Budget estimate, 2023.................................         8,000,000
Recommended, 2023.....................................         8,000,000
Comparison:
    Appropriation, 2022...............................          +650,000
    Budget estimate, 2023.............................             - - -
 

    The SPR Petroleum Account funds Strategic Petroleum Reserve 
acquisition, transportation, and drawdown activities.

                   Northeast Home Heating Oil Reserve


 
 
 
Appropriation, 2022...................................        $6,500,000
Budget estimate, 2023.................................         7,000,000
Recommended, 2023.....................................         7,000,000
Comparison:
    Appropriation, 2022...............................          +500,000
    Budget estimate, 2023.............................             - - -
 

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

                   Energy Information Administration


 
 
 
Appropriation, 2022...................................      $129,087,000
Budget estimate, 2023.................................       144,480,000
Recommended, 2023.....................................       144,480,000
Comparison:
    Appropriation, 2022...............................       +15,393,000
    Budget estimate, 2023.............................             - - -
 

    The Energy Information Administration is a quasi-
independent agency within the Department of Energy established 
to provide timely, objective, and accurate energy-related 
information to the Congress, the executive branch, state 
governments, industry, and the public.
    The Committee encourages the Department to continue 
important data collection, analysis, and reporting activities 
on energy use and consumption, including the Commercial 
Buildings Energy Consumption Survey and the Residential 
Buildings Energy Consumption Survey.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2022...................................      $333,863,000
Budget estimate, 2023.................................       323,249,000
Recommended, 2023.....................................       333,863,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................       +10,614,000
 

    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.
    Gaseous Diffusion Plants.--The Committee provides 
$123,438,000 for cleanup activities at the Gaseous Diffusion 
Plants and encourages the Department to continue processing and 
disposal of depleted uranium hexafluoride cylinders at both 
sites.
    Small Sites.--The Committee provides $115,243,000 for small 
sites, of which $26,409,000 is for the Energy Technology 
Engineering Center (ETEC), $13,500,000 is for Idaho National 
Laboratory, $67,000,000 is for Moab, and $8,334,000 is for 
excess Office of Science facilities.
    The Submarine 1st Generation Westinghouse (S1W) prototype 
played a crucial role in the U.S. Navy's history, specifically 
for the development of the USS Nautilus, the world's first 
nuclear-powered submarine. Within available funds for the Idaho 
National Laboratory, the Department is directed to provide to 
the Committee not later than 90 days after enactment of this 
Act a briefing with an analysis of the activities necessary for 
historic preservation of the deactivation and decommissioning 
of the S1W prototype reactor.

      Uranium Enrichment Decontamination and Decommissioning Fund


 
 
 
Appropriation, 2022...................................      $860,000,000
Budget estimate, 2023.................................       822,421,000
Recommended, 2023.....................................       823,321,000
Comparison:
    Appropriation, 2022...............................       -36,679,000
    Budget estimate, 2023.............................          +900,000
 

    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 Site.--The recommendation for Community and 
Regulatory Support includes $500,000 above the budget request 
to maintain community liaison activities and to provide 
technical and regulatory assistance to the local community and 
surrounding counties. Further, the recommendation includes 
$5,000,000 above the budget request to provide support for 
community-focused education and training opportunities and 
economic development initiatives in the local community and 
surrounding counties. The Department is directed to continue 
its air and ground water monitoring efforts and ensure results 
are reported in a timely and transparent manner. Further, the 
Department is directed to develop a comprehensive land use plan 
in conjunction with the surrounding counties that establishes a 
vision and coordinated objectives for the long-term use of the 
Portsmouth Site.
    Paducah Site.--Within available funding, the Department may 
conduct an economic and workforce development analysis in the 
local area to assess how the Department's efforts complement 
the community's long-term plans for reindustrialization and 
workforce development.

                                Science


 
 
 
Appropriation, 2022...................................    $7,475,000,000
Budget estimate, 2023.................................     7,799,211,000
Recommended, 2023.....................................     8,000,000,000
Comparison:
    Appropriation, 2022...............................      +525,000,000
    Budget estimate, 2023.............................      +200,789,000
 

    The Office of Science funds 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 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 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; Isotope R&D and 
Production; Accelerator R&D and Production; 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, given the private sector is not likely to fund 
research whose findings either have high non-commercial value 
or are not likely to be commercialized in the near or medium 
term. This work is vital to sustaining the scientific 
leadership of the United States and can provide the 
underpinnings for valuable intellectual property in the coming 
decades.
    Additional direction related to Department-wide 
crosscutting initiatives is provided under the heading 
Crosscutting Initiatives in front matter for the Department of 
Energy.
    Artificial Intelligence and Machine Learning.--The 
recommendation includes not less than $135,000,000 for 
Artificial Intelligence and Machine Learning. As the stewards 
of the leadership computing facilities, the Committee 
encourages Advanced Scientific Computing Research to play a 
lead role in the Department's artificial intelligence and 
machine learning activities.
    Biomedical Sciences.--Collaborative research efforts 
between the Department and the National Institutes of Health 
(NIH), including the National Institute of Mental Health 
(NIMH), are developing breakthroughs in health research, 
including drug discovery, brain research, innovative 
neurotechnologies, diagnostic technologies, and other 
biomedical research areas. The Department is encouraged to 
expand its relationships with NIH, including NIMH, to work 
together more strategically to leverage the Department's 
research capabilities, including instrumentation, materials, 
modeling and simulation, and data science. The facilities and 
equipment funded in this Act support applications in many areas 
of biomedical research. Better coordination between the 
Department and NIH could be instrumental in assisting to 
develop the nation's health, security, and technologies with 
novel biomedical application. The recommendation includes not 
less than $2,000,000 for collaboration with NIH within the 
Department's data and computational mission space.
    Energy Earthshots.--The Energy Earthshots initiative aims 
to accelerate breakthroughs of affordable and reliable clean 
energy solutions. The recommendation provides up to 
$100,000,000 for Energy Earthshots, including up to up to 
$25,000,000 from Advanced Scientific Computing Research, up to 
$50,000,000 from Basic Energy Sciences, and up to $25,000,000 
from Biological and Environmental Research.
    Established Program to Stimulate Competitive Research.--The 
recommendation provides not less than $35,000,000 across the 
Office of Science programs for the Established Program to 
Stimulate Competitive Research.
    Facility Operations.--The Committee is disappointed with 
the Department's lack of support for robust user facility 
operations in the budget request. The operation of large-scale 
scientific user facilities is integral to the mission of the 
Office of Science. The Department maintains and operates 28 
user facilities across the country as shared resources for the 
scientific community. Nearly 34,000 researchers make use of 
these facilities each year. The Committee believes that 
supporting these vital user facilities should be a top priority 
for the Department to advance scientific discovery. The 
Department is directed to prioritize the stewardship of the 
user facilities in fiscal year 2023 and in future budget 
requests.
    HBCU/MSI Engagement.--The recommendation provides not less 
than $60,000,000, including through the Reaching a New Energy 
Sciences Workforce (RENEW) and Funding for Accelerated, 
Inclusive Research (FAIR) programs, in support of the Office of 
Science's engagement with Historically Black Colleges and 
Universities (HBCUs) and other Minority Serving Institutions 
(MSIs) to build research capacity and workforce development.
    Microelectronics.--Support for innovation in the 
semiconductor manufacturing industry is critical to building a 
reliable domestic supply chain, continuing global scientific 
leadership, and protecting the national security and economic 
interests of the United States. To further these goals and to 
advance the underpinning material, surface, and plasma science, 
the Department is encouraged to support microelectronics 
research and microelectronics science research centers.
    Quantum Information Sciences.--The Committee supports the 
coordinated and focused research program in quantum information 
science and technology. This emerging field of science promises 
to yield revolutionary new approaches to computing, sensing, 
and communication. The recommendation provides not less than 
$245,000,000 for quantum information science, including not 
less than $120,000,000 for research and $125,000,000 for the 
five National Quantum Information Science Research Centers. The 
Department shall continue its coordination efforts with the 
National Science Foundation, other federal agencies, private 
sector stakeholders, and the user community to promote 
researcher access to quantum systems, enhance the U.S. quantum 
research enterprise, develop the U.S. quantum computing 
industry, and educate the future quantum computing workforce.

                 ADVANCED SCIENTIFIC COMPUTING RESEARCH

    The Advanced Scientific Computing Research (ASCR) program 
develops and hosts some of the world's fastest computing and 
network capabilities to enable science and energy modeling, 
simulation, and research.
    High Performance Computing and Network Facilities.--The 
recommendation provides not less than $170,000,000 for the 
Argonne Leadership Computing Facility, $250,000,000 for the Oak 
Ridge Leadership Computing Facility, and not less than 
$120,000,000 for the National Energy Research Scientific 
Computing Center at Lawrence Berkeley National Laboratory. The 
recommendation includes not less than $90,000,000 to support 
necessary infrastructure upgrades and operations for ESnet.
    The Committee recognizes the Department's efforts related 
to a High Performance Data Facility as data-intensive 
application workflows increase and the need for real-time 
computing increases exponentially across the Office of Science. 
The Committee appreciates the Department's foresight in 
recognizing the strategic need for operational resilience 
through geographic diversity. The Department is directed to 
support continued planning and design for the High Performance 
Data Facility.
    Mathematical, Computational, and Computer Sciences 
Research.--The recommendation provides not less than 
$300,000,000 for Mathematical, Computational, and Computer 
Sciences Research.
    The recommendation includes not less than $15,000,000 and 
up to $45,000,000 for the development of advanced memory 
technologies to advance artificial intelligence and analytics 
for science applications by a U.S.-based manufacturer of memory 
systems and memory semantic storage.
    The Committee supports the Center for Advanced Mathematics 
for Energy Research Applications (CAMERA) and encourages the 
Department to support the creation of a crosscutting research 
program that leverages applied math, computer science and 
computational science to deliver artificial intelligence 
research, development, and deployment to increase the 
scientific productivity of the user facilities.
    The Department is encouraged to explore the viability of 
photonic quantum computing, in coordination with other federal 
agencies. The Department is encouraged to consider mechanisms 
to provide access to ion trap quantum computing resources, 
particularly with the ability to integrate with existing high-
performance computing resources. The Department is directed to 
provide to the Committee not later than 120 days after 
enactment of this Act a briefing on the Department's recent 
actions and future plans related to photonic quantum computing 
and ion trap quantum computing.

                         BASIC ENERGY SCIENCES

    The Basic Energy Sciences program funds 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.
    The recommendation provides not less than $130,000,000 for 
Energy Frontier Research Centers, $25,000,000 for the Batteries 
and Energy Storage Innovation Hub, and not less than 
$20,000,000 for the Fuels from Sunlight Innovation Hub.
    The Committee supports the Department's efforts to develop 
sodium-ion batteries for stationary energy storage and 
transportation applications to address supply chain risks 
associated with lithium-ion batteries. While sodium-ion 
batteries have been considered promising for commercial use due 
to the low cost and high natural abundance of raw materials 
compared to lithium-ion batteries, challenges remain for 
practical applications, such as cycling instability due to 
degradation of cathode materials. The Committee provides not 
less than $3,000,000 for the development of sodium transition 
metal oxide cathodes for high energy sodium-ion batteries.
    The Committee recognizes the growing need for improving the 
nation's clean energy storage and encourages the Department to 
continue research to further develop advanced machine learning 
tools and facilities to enable theory-guided design of new 
energy transformation materials, including electrocatalysts and 
battery interfaces. The recommendation provides not less than 
$3,500,000 to fund research in catalyst design and quantum- and 
molecular-level control of chemical transformations relevant to 
the sustainable conversion of energy resources.
    The Committee notes the importance of researching potential 
quantum materials. The recommendation provides not less than 
$3,500,000 to fund research into two-dimensional quantum 
materials to advance the creation of next-generation energy and 
quantum information technologies, including capacitors, 
batteries, and qubits.
    The recommendation provides not less than $566,000,000 for 
facilities operations of the nation's light sources, not less 
than $311,000,000 for facilities operations of the high-flux 
neutron sources, and not less than $149,000,000 for facilities 
operations of the Nanoscale Science Research Centers (NSRC).
    The recommendation provides not less than $17,500,000 for 
other project costs, including $5,000,000 for Advanced Photon 
Source Upgrade, $4,000,000 for Linac Coherent Light Source-II-
HE, $5,000,000 for the Second Target Station, and not less than 
$2,000,000 for HFIR Pressure Vessel Replacement.
    The recommendation includes $25,000,000 for NSRC 
Recapitalization and $25,000,000 for NSLS-II Experimental 
Tools-II.

                 BIOLOGICAL AND ENVIRONMENTAL RESEARCH

    The Biological and Environmental Research (BER) program 
supports advances in energy technologies and related science 
through research into complex biological and environmental 
systems.
    The recommendation includes not less than $405,000,000 for 
Biological Systems Science and not less than $435,000,000 for 
Earth and Environmental Systems Sciences.
    The recommendation provides up to $20,000,000 to support 
low-dose radiation research. The Department is directed to 
complete the required contract agreement with the National 
Academy of Sciences (NAS) to develop a plan for a 
comprehensive, multi-year independent low dose rate research 
program. The Department is encouraged to continue to work 
through the multi-agency sub-working group on these activities.
    The recommendation provides not less than $105,000,000 for 
the Bioenergy Research Centers to accelerate research and 
development needed for advanced fuels and products.
    The recommendation provides not less than $90,000,000 for 
the Joint Genome Institute.
    The Department is directed to support activities to advance 
Artificial Intelligence for Earth System Processes (AI4ESP) for 
integrating diverse observations and models, with a focus on 
water cycles, extreme hydrology in vulnerable watersheds 
critical for U.S. water resilience in a changing climate, and 
atmospheric cloud aerosols.
    The Department is directed to support activities to develop 
integrated mountainous hydroclimate modeling and observational 
capabilities. The Department is directed to leverage activities 
supported by other federal agencies who are also active in 
investigating how the snow dominated Upper Colorado mountainous 
systems are responding to extreme events and gradual warming 
and the implications for water resilience in the western United 
States.
    The Department is encouraged to support activities for 
academia to perform independent evaluations of climate models 
using existing data sets and peer-reviewed publications of 
climate-scale processes in order to determine various models' 
ability to reproduce the actual climate.
    The recommendation provides $30,000,000 to continue the 
development of observational assets and support associated 
research on the nation's major land-water interfaces, including 
the Great Lakes and the Puget Sound, by leveraging national 
laboratories' assets as well as local infrastructure and 
expertise at universities and other research institutions. The 
fiscal year 2022 Act directed the Department to provide to the 
Committee a ten-year research plan. The Committee is still 
awaiting this plan, and the Department is directed to provide 
the plan to the Committee not later than 30 days after 
enactment of this Act.
    The recommendation provides not less than $36,000,000 to 
improve the understanding of key cloud, aerosol, precipitation, 
and radiation processes. The Department is directed, in 
coordination with the National Oceanic and Atmospheric 
Administration, the Office of Science and Technology Policy 
(OSTP), and other relevant agencies, to continue to improve 
earth system prediction and climate risk management in the 
service of U.S. public safety, security, and economic 
interests. The Department is encouraged to coordinate with the 
Department of Homeland Security to improve modernization and 
adaptation of capabilities from the National Infrastructure 
Simulation and Analysis Center to support climate impacts on 
infrastructure and communities. The Department is encouraged, 
in cooperation with other agencies as relevant, to implement a 
pilot program providing instrumentation for observing marine 
aerosols, greenhouse gases, and other environmental factors as 
relevant, deployed on commercial or other non-dedicated ocean 
vessels, and to evaluate a sustained observing network using 
such platforms. The Committee remains supportive of the 
Department's activities to support the previously-directed 
five-year plan and accompanying scientific assessment led by 
OSTP on solar and other climate interventions. Further, the 
Department is directed to continue to support OSTP, in 
coordination with other agencies as relevant, in an interagency 
effort to coordinate research in climate intervention.
    The recommendation provides not less than $65,000,000 for 
operation of the Environmental and Molecular Sciences 
Laboratory and supports continued investment in the microbial 
molecular phenotyping capability.

                         FUSION ENERGY SCIENCES

    The Fusion Energy Sciences program supports research and 
experimentation aiming to harness nuclear fusion for energy 
production.
    The Committee appreciates the fusion community's process to 
develop a comprehensive long-range strategic plan developed 
through a consensus process. The Committee directs the 
Department to follow and embrace the recommendations of the 
Fusion Energy Sciences Advisory Committee's ``Powering the 
Future: Fusion and Plasmas'' report, and the Committee 
endeavors to provide funding that reflects the prioritization 
developed through the community's consensus process. The 
Department is directed to include an explanation in future 
budget requests how the Department is aligning its Fusion 
Energy Sciences program with the recommendations of the 
``Powering the Future: Fusion and Plasmas'' report.
    The recommendation provides not less than $45,000,000 for 
Theory & Simulation and not less than $81,000,000 for Burning 
Plasma Science Long Pulse.
    The recommendation provides not less than $104,000,000 for 
NSTX-U, including NSTX-U Operations and NSTX-U Research.
    The recommendation provides not less than $130,000,000 for 
DIII-D, including DIII-D Operations and DIII-D Research. The 
Department is encouraged to support activities to enable 
completion of planned facility enhancements, revitalization of 
critical equipment, and critical new tools to address critical 
research needs and secure U.S. leadership in support of ITER 
and a potential future fusion pilot plant. The Department is 
encouraged to provide increased research operations and enable 
broader participation in the DIII-D program by university 
researchers and graduate students, to fully exploit the world 
leading capabilities developed at the facility. Further, the 
Department is encouraged to support training activities at 
DIII-D for the next generation of fusion scientists.
    The recommendation includes not less than $25,000,000 for 
the Milestone-Based Development Program.
    The Department is directed to initiate at least two 
national teams to develop conceptual pilot plant designs and 
technology roadmaps that will bring fusion to commercial 
viability. These teams should utilize the combined expertise of 
national laboratories, universities, private industry, and 
utility companies.
    The Department is encouraged to prioritize high-performance 
computation activities for fusion energy research.
    The recommendation provides not less than $27,000,000 for 
the high energy density physics program to support the existing 
joint high-energy-density laboratory plasma program, advance 
cutting-edge research at universities in extreme states of 
matter, expand the capabilities of the LaserNetUS facilities, 
and provide initial investments in new laser and inertial 
fusion energy technologies needed to maintain U.S. leadership. 
The Department is encouraged to implement the recommendations 
of the Brightest Light Initiative Workshop Report to retain 
U.S. leadership in these fields.
    Inertial fusion research has shown promise for the future 
of nuclear fusion. The Department is directed to support 
Inertial Fusion Energy research and development. The Committee 
encourages the Department to support the priority research 
directions in the Inertial Fusion Energy Basic Research Needs 
report. Further, the Department is directed to coordinate 
activities between Basic Energy Sciences and Fusion Energy 
Sciences to advance materials research and other science 
priorities to support inertial fusion energy.
    The recommendation provides not less than $14,000,000 for 
the Materials Plasma Exposure eXperiment.
    The Committee recognizes the need for the upgrade of 
experimental fusion facilities and new initiatives. The 
recommendation provides $5,000,000 to support research for 
facility enhancements and new development and test facilities 
for university-based fusion experiments.
    The Committee recognizes that university-based fusion and 
plasma science programs are a core component of the fusion 
energy science program and achieving the goals of the Fusion 
Energy Sciences Advisory Committee's ``Powering the Future: 
Fusion and Plasmas'' report. In addition to conducting high-
impact and cost-effective research and development, university 
fusion programs serve as the primary pipeline for the next 
generation of fusion and plasma science researchers in the 
United States. Further, small- to medium-scale experimental 
facilities located at universities help spur innovation and 
exploration of new techniques. The Committee directs the 
Department to prioritize investments in university pipeline 
programs and small- to medium-scale experimental facilities at 
universities.
    The recommendation provides $242,000,000 for ITER 
construction, enabling continued U.S. ITER in-kind and cash 
contributions to meet its construction schedule and resume 
construction of ITER diagnostics. Within available funds for 
ITER, the recommendation provides not less than $80,000,000 for 
cash contributions. The Committee continues to believe the ITER 
project represents an important step forward for energy 
sciences and has the potential to revolutionize the current 
understanding of fusion energy.
    The Department is encouraged to develop and support a 
national team for ITER research, operations, and commissioning, 
which is required to take full advantage of ITER when it is 
completed.
    The fiscal year 2021 Act directed the Department to provide 
to the Committee the performance baseline for the entire 
project, including an updated baseline for Subproject 1 and a 
baseline for Subproject 2. The Committee is still awaiting this 
information, and the Department is directed to provide this 
information not later than 15 days prior to the obligation of 
more than 75 percent of Fusion Energy Sciences funds.

                          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 the 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.
    The recommendation provides not less than $30,000,000 for 
the Sanford Underground Research Facility. The recommendation 
includes funding for the Cosmic Microwave Background-Stage 4.
    To accelerate the transition of superconducting 
microfabricated devices to commercial manufacturing, the 
Committee supports activities with the goal to drive scientific 
discovery to sustainable production of high sensitivity 
detectors based on superconducting technology and to develop 
the workforce needed for the future. These detectors have 
superior performance and broad application, ranging from 
passive explosive scanners deployable in stadiums, airports, 
public events to scientific instruments including space-borne 
global environment monitors.
    The Committee strongly encourages 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 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.
    The Department is directed to give priority to optimizing 
operations for all Nuclear Physics user facilities.
    The recommendation provides up to $15,500,000 for the 
Gamma-Ray Energy Tracking Array, up to $15,000,000 for the High 
Rigidity Spectrometer, and up to $14,000,000 for MOLLER. The 
Committee supports the FRIB Isotope Harvesting projects.

                       ISOTOPE R&D AND PRODUCTION

    Isotope R&D and Production ensures robust supply chains of 
critical radioactive and stable isotopes for the nation that no 
domestic entity has the infrastructure or core competency to 
produce.
    The Isotope Program is encouraged to coordinate with the 
Office of Environmental Management on issues related to 
strontium-90.

                     ACCELERATOR R&D AND PRODUCTION

    Accelerator R&D and Production supports crosscutting 
research and development in accelerator science and technology, 
access to unique Office of Science accelerator research and 
development infrastructure, workforce development, and public-
private partnerships to advance new technologies for use in the 
Office of Science's scientific facilities and in commercial 
products.

           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.

                  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 fiscal year 2021 Act directed the Department to provide 
to the Committee a briefing on the funding levels required for 
operations and maintenance of Oak Ridge National Laboratory 
nuclear facilities. The Committee is disappointed in the lack 
of progress on this issue and lack of coordination between the 
Offices of Science and Nuclear Energy. The Department is 
directed to provide to the Committee not later than 60 days 
after enactment of this Act a briefing to provide an update 
about progress made on this topic. The briefing shall include 
participation from the Offices of Science and Nuclear Energy.

                         Nuclear Waste Disposal


 
 
 
Appropriation, 2022...................................       $27,500,000
Budget estimate, 2023.................................        10,205,000
Recommended, 2023.....................................        10,205,000
Comparison:
    Appropriation, 2022...............................       -17,295,000
    Budget estimate, 2023.............................             - - -
 

    The recommendation includes $10,205,000 for Nuclear Waste 
Disposal for Nuclear Waste Fund (NWF) oversight activities, 
which is derived from the NWF.
    The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a briefing on 
anticipated future-year requirements for NWF oversight 
activities.

                         Technology Transitions


 
 
 
Appropriation, 2022...................................       $19,470,000
Budget estimate, 2023.................................        21,558,000
Recommended, 2023.....................................        23,058,000
Comparison:
    Appropriation, 2022...............................        +3,588,000
    Budget estimate, 2023.............................        +1,500,000
 

    The mission of the Office of Technology Transitions (OTT) 
is to expand the commercial and public impact of the research 
investments of the Department, and OTT enhances the public 
return on investment in the Department's technology portfolio, 
including the national laboratories, through a suite of 
outcome-oriented activities that enable climate change 
mitigation, job creation, and commercialization of technologies 
developed by the Department.
    The Committee recognizes that technology transfer is 
instrumental to translating the work of the Department and 
national laboratories into commercial technologies and services 
that improve the nation's environment, economy, and national 
security. In carrying out OTT programs and activities, the 
Department is encouraged to further promote technology transfer 
programs and activities that support the commercialization of 
technologies within the local and regional communities of the 
national laboratories. The Committee looks forward to reviewing 
the Department's updated Technology Transfer Execution Plan. 
The Department is encouraged to expeditiously move forward on 
section 9007(c) of the Energy Act of 2020 to identify 
programmatic gaps in supporting technology transfer at the 
national laboratories.
    The recommendation provides not less than $5,000,000 to 
support the Energy Program for Innovation Clusters (EPIC) 
program.

                      Clean Energy Demonstrations


 
 
 
Appropriation, 2022...................................       $20,000,000
Budget estimate, 2023.................................       214,052,000
Recommended, 2023.....................................       189,000,000
Comparison:
    Appropriation, 2022...............................      +169,000,000
    Budget estimate, 2023.............................       -25,052,000
 

    The Office of Clean Energy Demonstrations (OCED) was 
established to accelerate the maturation of near- and mid-term 
clean energy technologies and systems with the goal of quicker 
commercial adoption and increased availability. This will be 
accomplished through a systematic approach that is informed by, 
and integrated with, existing clean energy innovation 
initiatives across the Department's program and functional 
offices, sites, and national laboratories.
    The Committee supports OCED's activities to build capacity 
to implement large-scale funding opportunities as well as 
prepare for long-term operation of the office. This office 
represents an opportunity for the Department to provide 
dedicated expertise and focus to successfully implement large-
scale, pre-commercial clean energy technology demonstrations. 
The Department is encouraged to prioritize technology 
demonstration for the highest emitting sectors.
    The Committee supports the Department's efforts to 
demonstrate the technical and economic viability of carrying 
out alternative energy projects on current and former mine land 
compatible in a manner with existing operations.
    The Committee is encouraged by OCED's preliminary plan to 
conduct administrative and project management responsibilities 
for technology demonstrations. The Department is directed to 
continue to provide the Committee quarterly briefings on these 
efforts.
    The Department is directed to conduct OCED activities on a 
competitive basis and include cost-share requirements pursuant 
to section 988 of the Energy Policy Act of 2005. The Department 
is encouraged to conduct these activities through technology 
neutral solicitations focused on crosscutting energy 
challenges. It is expected that the Department avoid the 
practice of making awards dependent on funding from future 
years' appropriations.

        Defense Production Act Domestic Clean Energy Accelerator


 
 
 
Appropriation, 2022...................................            $- - -
Budget estimate, 2023.................................             - - -
Recommended, 2023.....................................       100,000,000
Comparison:
    Appropriation, 2022...............................      +100,000,000
    Budget estimate, 2023.............................      +100,000,000
 

    The Defense Production Act Domestic Clean Energy 
Accelerator account is included to provide support for 
activities using the Defense Production Act at the Department 
of Energy to accelerate domestic manufacturing of five key 
clean energy technologies.
    The Committee strongly supports the need for ensuring a 
robust, resilient, and sustainable domestic industrial energy 
supply chain base to meet the requirements of the clean energy 
economy as an imperative to strengthening national security. 
The support and expansion of domestic solar manufacturing is 
essential to that goal. Additionally, ensuring a domestic 
supply of components to modernize and harden the electrical 
grid is critical. The Department is directed to prioritize 
expanding the domestic production capability for solar 
photovoltaic modules and module components and electric power 
grid components such as transformers.
    Further, the Committee is disappointed in the 
Administration's lack of a plan to follow through on its recent 
Defense Production Act announcements. The Department is 
directed to provide to the Committee not later than 30 days 
after enactment of this Act and prior to the allocation or 
obligation of funds an execution and spending plan for these 
activities. The Department shall not execute the spending plan 
or allocate or obligate these funds prior to approval by the 
Committee.

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2022...................................      $450,000,000
Budget estimate, 2023.................................       700,150,000
Recommended, 2023.....................................       550,000,000
Comparison:
    Appropriation, 2022...............................      +100,000,000
    Budget estimate, 2023.............................      -150,150,000
 

    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 
the critical economic, environmental, and energy security 
challenges. The technology breakthroughs funded by ARPA-E have 
significant commercial impact and have received billions of 
dollars in private-sector funding to continue to advance those 
technologies toward the marketplace. Projects funded by ARPA-E 
include wide-ranging areas such as production processes for 
transportation fuel alternatives that can reduce our dependence 
on imported oil, low-cost electric aviation technologies, 
enhancing the environmental and economic potential of crop 
roots, accelerating the development of commercial fusion 
energy, and sustainable critical minerals production.
    The budget request proposes to expand ARPA-E's scope to 
include research and development on climate adaptation and 
resilience. However, the budget request justification notes 
that the expansion will require legislation beyond the current 
authorization. The Committee notes that ARPA-E has authority 
``to address the energy and environmental missions of the 
Department,'' according to section 5012 of the America COMPETES 
Act. This includes climate-related innovations, and further, 
the Committee notes that ARPA-E already funds such activities.

         Title 17 Innovative Technology Loan Guarantee Program


                        Administrative Expenses


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2022...................................       $32,000,000
Budget estimate, 2023.................................       241,206,000
Recommended, 2023.....................................        66,206,000
Comparison:
    Appropriation, 2022...............................       +34,206,000
    Budget estimate, 2023.............................      -175,000,000
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2022...................................       -$3,000,000
Budget estimate, 2023.................................       -35,000,000
Recommended, 2023.....................................       -35,000,000
Comparison:
    Appropriation, 2022...............................       -32,000,000
    Budget estimate, 2023.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2022...................................       $29,000,000
Budget estimate, 2023.................................       206,206,000
Recommended, 2023.....................................        31,206,000
Comparison:
    Appropriation, 2022...............................        +2,206,000
    Budget estimate, 2023.............................      -175,000,000
 

    The recommendation includes a net appropriation of 
$31,206,000 in administrative expenses for the Loan Guarantee 
Program.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2022...................................        $5,000,000
Budget estimate, 2023.................................         9,800,000
Recommended, 2023.....................................         9,800,000
Comparison:
    Appropriation, 2022...............................        +4,800,000
    Budget estimate, 2023.............................             - - -
 

    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.

                  Tribal Energy Loan Guarantee Program


 
 
 
Appropriation, 2022...................................        $2,000,000
Budget estimate, 2023.................................         1,860,000
Recommended, 2023.....................................        10,000,000
Comparison:
    Appropriation, 2022...............................        +8,000,000
    Budget estimate, 2023.............................        +8,140,000
 

    The Energy Policy Act of 2005 established a loan guarantee 
program for energy development to provide or expand electricity 
on Indian land. The Department is encouraged to take formal 
steps to market this program and ensure the program's 
availability, benefits, and application process are made known 
to potential applicants who are ready to seek financing.

                   Indian Energy Policy and Programs


 
 
 
Appropriation, 2022...................................       $58,000,000
Budget estimate, 2023.................................       150,039,000
Recommended, 2023.....................................        75,000,000
Comparison:
    Appropriation, 2022...............................       +17,000,000
    Budget estimate, 2023.............................       -75,039,000
 

    The Energy Policy Act of 2005 established the Office of 
Indian Energy and Policy Programs. The Office of Indian Energy 
provides technical assistance, direct and remote education, 
policy research and analysis, and financial assistance to 
Indian tribes, Alaska Native Village and Regional corporations, 
and Tribal Energy Resource Development Organizations.
    The Committee encourages the Department to use its cost 
share waiver authority under section 2602 of the Energy Policy 
Act of 1992, as modified by section 8013 of the Energy Act of 
2020, when applicable. The Committee encourages the Department 
to coordinate with other federal agencies to increase outreach 
about the availability of the assistance of the Office of 
Indian Energy Policy and Programs.

                      Departmental Administration


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2022...................................      $340,578,000
Budget estimate, 2023.................................       497,781,000
Recommended, 2023.....................................       407,715,000
Comparison:
    Appropriation, 2022...............................       +67,137,000
    Budget estimate, 2023.............................       -90,066,000
 

                                REVENUES

 
 
 
Appropriation, 2022...................................      -100,578,000
Budget estimate, 2023.................................      -100,578,000
Recommended, 2023.....................................      -100,578,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2022...................................      $240,000,000
Budget estimate, 2023.................................       397,203,000
Recommended, 2023.....................................       307,137,000
Comparison:
    Appropriation, 2022...............................       +67,137,000
    Budget estimate, 2023.............................       -90,066,000
 

    Funding recommended for Departmental Administration 
provides for general management and program support functions 
benefiting all elements of the Department, including the 
National Nuclear Security Administration. The account funds a 
wide array of Headquarters activities not directly associated 
with the execution of specific programs. The recommendation 
includes eight reprogramming control points in this account to 
provide flexibility in the management of support functions. 
Other Departmental Administration includes Management, Project 
Management Oversight and Assessments, Chief Human Capital 
Officer, 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.
    The Department is directed to provide to the Committee not 
later than 15 days after enactment of this Act the briefing 
required in the fiscal year 2021 Act detailing how it plans to 
address GAO's high-risk concerns.
    Economic Impact and Diversity.--The Committee supports the 
Office of Economic Impact and Diversity's role in driving new 
initiatives to achieve energy equity and environmental justice 
across the Department and recognizes the office's increased 
responsibilities of implementing Executive Orders 13985, 13988, 
and 14008.
    The Department is encouraged to expand research and 
development and workforce training partnerships with Hispanic-
Serving Institutions, Tribal Colleges and Universities, 
Historically Black Colleges and Universities, and other 
Minority-Serving Institutions. The Department is encouraged to 
expand clean energy workforce training for groups 
underrepresented in the clean energy industry, including women, 
veterans, tribes, unemployed energy workers, and formerly 
incarcerated individuals. The Department is encouraged to 
increase access to and quality of clean energy career technical 
education programs, including in high schools and prisons.
    The Office of Economic Impact and Diversity (ED) is 
encouraged to collaborate with other offices within the 
Department to increase opportunities for minority business 
enterprises, including employee-owned and cooperative 
businesses, to enter and participate in the clean energy sector 
and to access relevant federal funding. In particular, ED is 
encouraged to collaborate with the Department's Loan Program 
Office (LPO), including by conducting outreach and offering 
other services to enable LPO to provide loans and loan 
guarantees to smaller-scale projects and businesses. Finally, 
ED is encouraged to collaborate with LPO on a report to examine 
barriers to entry and market gaps that impact minority business 
enterprises in the clean energy sector; actions that the 
Department can take to address such barriers and gaps; how ED 
can continue partnering with LPO to operationalize ED's own 
existing loan authority; and recommendations for Congress to 
clarify and enhance ED's existing loan authority.
    The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a report on the 
opportunities for women- and minority-owned businesses, rates 
of women- and minority-owned business utilization and 
partnerships with the Department, disaggregated by race and 
ethnicity, and the Department's plan to further develop support 
and engagement for women- and minority-owned businesses.
    Chief Information Officer.--The Committee notes the 
importance of prioritizing funding for cybersecurity activities 
at a time when cyber threats to the Department's facilities, 
sites, and national laboratories are increasing. The 
recommendation provides not less than $125,000,000 for 
cybersecurity and cyber modernization across the Department.
    The Committee is concerned about increased costs and 
cybersecurity risks associated with the updating and patching 
of mission-critical legacy applications across the Department 
and is encouraged by the Office of Information Management's 
(IM) efforts to deploy Low-Code Application Development to 
shorten the time and cost associated with developing custom 
applications to meet mission needs. The recommendation provides 
up to $10,000,000 for the IM Office of Architecture, 
Engineering, Technology, and Innovation to expand low-code 
application development across the Department and establish a 
Low-Code Platform Factory that improves the efficiency of 
custom application development, improves cybersecurity posture, 
reduces operation and maintenance costs associated with legacy 
applications, and empowers Department personnel who are closest 
to problems to create solutions, selecting low-code application 
development options that are most appropriate for each mission 
need pursuant to IM's market research.
    International Affairs.--The recommendation includes 
$6,000,000 to continue implementation of the U.S.-Israel Energy 
Cooperative Agreement and to develop the U.S.-Israel Energy 
Center.
    The Committee is supportive of the Department's continued 
work in energy cooperation with Ukraine, including providing 
technical assistance in developing winter action plans and the 
current effort to assist with a national energy resiliency 
plan. The Committee encourages additional work in areas of 
importance to both countries, including technical assistance 
support for Ukrainian national energy security strategies and 
development of low carbon sources of energy.
    Artificial Intelligence and Technology Office.--The 
Committee remains concerned with the Department's 
implementation of the Artificial Intelligence and Technology 
Office (AITO). The Department's continued lack of transparency 
regarding the activities of AITO and its disregard of specific 
congressional direction have resulted in a lack of trust in the 
Department and AITO to faithfully uphold statutory requirements 
and congressional direction. The Committee directs the 
Department to continue programmatic activities regarding 
artificial intelligence and machine learning related to the 
Department's mission through the appropriate program offices. 
Further, the Department is directed to provide to the Committee 
not later than 30 days after enactment of this Act and prior to 
the obligation of any funds for AITO a briefing on the proposed 
activities of AITO and a detailed spending plan.
    Other Departmental Administration.--The recommendation 
provides not less than $35,000,000 for the Chief Human Capital 
Officer, not less than $13,500,000 for Project Management 
Oversight and Assessments, and not less than $20,000,000 for 
the Office of Policy.
    Office of Policy.--The Department is directed to develop 
the necessary analytical tools and closely collaborate with the 
Department's science and technology offices, particularly 
through the Under Secretary for Science and Innovation and the 
Under Secretary for Infrastructure, to pursue the most 
efficient, affordable, beneficial, and equitable pathways to 
achieving aggressive targets for emissions reductions. The 
Department is encouraged to conduct such analysis and 
collaboration to address barriers to deployment of existing 
clean energy technologies, strategically develop clean energy 
technologies projected to play a major role in achieving 
emissions reduction goals, and holistically inform the budgets 
and activities of the Department's science and technology 
offices.
    Chief Human Capital Officer.--The Committee supports the 
Department's hiring efforts to combat climate change and deploy 
clean energy across the nation. The Department is encouraged to 
recruit and hire diverse candidates, especially from Asian 
American and Native American Pacific Islander-Serving 
Institutions; Historically Black Colleges and Universities; 
Tribal Colleges and Universities; Hispanic-Serving 
Institutions; and any other minority serving institutions. The 
Department is directed to provide to the Committee not later 
than 30 days after enactment of this Act a briefing on the 
Department's plan to hire from minority serving institutions.
    U.S. Energy and Employment Report.--The Department is 
directed to continue to complete an annual U.S. energy 
employment report that includes a comprehensive statistical 
survey to collect data, publish the data, and provide a summary 
report. The information collected shall include data relating 
to employment figures and demographics in the U.S. energy 
sector using methodology approved by the Office of Management 
and Budget in 2016. The Department is directed to produce and 
release this report annually.

                    Office of the Inspector General


 
 
 
Appropriation, 2022...................................       $78,000,000
Budget estimate, 2023.................................       106,808,000
Recommended, 2023.....................................        92,000,000
Comparison:
    Appropriation, 2022...............................       +14,000,000
    Budget estimate, 2023.............................       -14,808,000
 

    The Office of the Inspector General performs agency-wide 
audit, inspection, and investigative functions to identify and 
correct management and administrative deficiencies that create 
conditions for existing or potential instances of fraud, waste, 
and mismanagement. The audit function provides financial and 
performance audits of programs and operations. The inspections 
function provides independent inspections and analyses of the 
effectiveness, efficiency, and economy of programs and 
operations. The investigative function provides for the 
detection and investigation of improper and illegal activities 
involving programs, personnel, and operations.
    The Office of the Inspector General is directed to continue 
providing quarterly briefings to the Committee on 
implementation of the independent audit strategy.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

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

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

    The Department of Energy is responsible for enhancing U.S. 
national security through the military application of nuclear 
technology and reducing the global danger from the 
proliferation of weapons of mass destruction. The NNSA, a semi-
autonomous agency within the Department, carries out these 
responsibilities. Established in March 2000, pursuant to title 
32 of the National Defense Authorization Act for fiscal year 
2000, the NNSA is responsible for the management and operation 
of the nation's nuclear weapons complex, nuclear 
nonproliferation activities, and naval reactors.
    NNSA has proposed changes to its budget structure and 
implemented changes to its organizational structure without 
briefing the Committee in advance. NNSA's actions prevented the 
Committee from understanding the rationale behind the changes 
and from having its questions and concerns addressed prior to 
implementation. Upfront communication and consultation on such 
fundamental issues as organizational and budget structure is 
critical for the Committee to provide appropriate oversight. 
NNSA is directed to consult with the Committee prior to 
implementing these types of significant structural changes.
    The Committee notes the success NNSA has had in its 
partnerships with universities and encourages NNSA to continue 
these initiatives. Collaborations among industry, national 
laboratories, and universities have resulted in innovative 
technologies and remain crucial for continuing to address 
national security challenges including detection of nuclear, 
chemical, and biological threats, blast containment, shock 
mitigation, and detection of cybersecurity breaches.

                           Weapons Activities


 
 
 
Appropriation, 2022...................................   $15,920,000,000
Budget estimate, 2023.................................    16,486,298,000
Recommended, 2023.....................................    16,333,065,000
Comparison:
    Appropriation, 2022...............................      +413,065,000
    Budget estimate, 2023.............................      -153,233,000
 

    Weapons Activities ensures the safety, security, 
reliability, and effectiveness of the nation's nuclear weapons 
stockpile without nuclear explosive testing. These activities 
are funded by five main elements: Stockpile Management; 
Production Modernization; Stockpile Research, Technology, and 
Engineering; Infrastructure and Operations; and Security 
functions.
    The Committee remains concerned that the focus on 
refurbishing and building new warheads, along with the 
plutonium pit production mission, has resulted in significant 
downward pressure on other critical activities within Defense 
Programs, including science and infrastructure. Continuing this 
unbalanced funding strategy is not sustainable, and the 
Administration is strongly encouraged to appropriately value 
the role of science and technology in sustaining the stockpile 
without the need for testing. Further, the Committee urges the 
Administration to ensure that military requirements align to 
what the NNSA can realistically achieve.
    Integrated Priorities Report.--The fiscal year 2021 Act 
directed the NNSA to provide with its budget request an 
Integrated Priorities Report (IPR). The report NNSA submitted 
does not meet the Committee's direction. In light of NNSA's 
increasing and highly interdependent workload, which requires 
significant and sustained investments to reconstitute key 
capabilities and materials, recapitalize infrastructure and 
construct new facilities, and modernize cyber and physical 
security, the Committee considers the IPR critical to its 
oversight role. NNSA is directed to provide an IPR that meets 
the direction in the fiscal year 2021 Act not later than 15 
days after enactment of this Act and with the annual budget 
request thereafter.

                          STOCKPILE MANAGEMENT

    Stockpile Management includes all activities that directly 
sustain and modernize the nuclear stockpile. These activities 
include maintenance, operations, surveillance, dismantlement, 
and weapon acquisition programs including life extensions, 
modifications, and alterations.
    Joint Nuclear Weapons Lifecycle Process.--The Committee 
remains concerned the existing joint nuclear weapons lifecycle 
process lacks modern management controls such as upfront 
planning, analyses of alternatives that meet GAO best 
practices, and earlier cost estimating. The Committee remains 
further concerned that some of these controls are optional and 
are not consolidated within one Departmental order or 
directive. Additionally, parts of the lifecycle process have 
not been exercised in decades. The fiscal year 2021 Act 
directed the Office of Cost Estimating and Program Evaluation 
(CEPE) to assess the Joint Nuclear Weapons Lifecycle Process 
and NNSA to brief the Committee on its plans to incorporate 
CEPE's recommendations. The Committee is still awaiting both 
items and directs that they be provided not later than 15 days 
after enactment of this Act.

                        PRODUCTION MODERNIZATION

    Production Modernization includes all activities needed to 
restore and modernize production capabilities. These activities 
include restoring and modernizing the capability to produce 
primaries, secondaries, and non-nuclear components.
    Comprehensive Critical Materials Strategy.--The U.S. 
nuclear security strategy requires access to a variety of 
nonnuclear materials that remain critical to national security, 
including beryllium. The Committee is pleased that the NNSA is 
moving forward with upgrading its production and processing 
capacity for these special materials, including by leveraging 
commercial technologies and capabilities.
    Plutonium Modernization.--Within funds provided, not less 
than $10,000,000 shall be for workforce development and 
training partnerships with Historically Black Colleges and 
Universities (HBCUs), Hispanic-Serving Institutions, and Tribal 
Colleges and Universities in South Carolina and New Mexico to 
support plutonium pit production.
    Plutonium Pit Production.--The Committee continues to 
support NNSA's two-site pit production strategy, but remains 
concerned that NNSA is not fully accounting for all of the 
risks and schedule dependencies inherent in such a complex 
undertaking. The slip in schedule for achieving a production 
rate of 50 plutonium pits per year at the Savannah River Site 
is symptomatic of the lack of a fully mature, risk-informed 
integrated master schedule (IMS). The fiscal year 2021 Act 
directed creation of an IMS, and the fiscal year 2022 Act 
directed NNSA to brief the Committee at least quarterly on 
progress to meeting the IMS milestones. The Committee has not 
yet begun receiving these briefings. Further, the Committee 
understands that the current version of the IMS only 
encompasses a portion of work planned for Los Alamos National 
Laboratory to achieve the first production unit, rather than 
all work required to produce 80 pits per year as directed by 
the Committee. The Committee also understands that a fully-
scoped, resource-loaded, two-site IMS may not be available 
until 2026 or beyond. Given the substantial resources NNSA is 
investing in its two-site pit production strategy and the 
length of time since the direction in the fiscal year 2021 Act, 
the lack of an IMS is unacceptable. NNSA is directed to brief 
the Committee not later than 15 days after enactment of this 
Act on its plan to establish a resource-loaded, two-site IMS to 
cover the entirety of work required to produce 80 pits per 
year, including a reasonable timeline for achieving this 
critical requirement.
    Additionally, both NNSA and the Department of Defense have 
repeatedly stated that the timeline for achieving 80 pits per 
year will stretch beyond 2030. This, along with that the 
potential for further delays, underscores the need for a 
detailed, actionable contingency plan fully coordinated with 
the Department of Defense. The contingency plan NNSA provided 
to the Committee includes minimal detail on meeting the needs 
of the nuclear deterrent without solely relying on statutory 
milestones for pit production. NNSA is directed to provide to 
the Committee not later than 15 days after enactment of this 
Act an updated contingency plan, coordinated with the 
Department of Defense, based on current pit production 
timelines.
    University Collaboration.--The Committee is pleased with 
the progress in developing the scope for establishing the 
Center of Excellence regarding lifetime extension and materials 
degradation issues, including its expansion to the entire 
nuclear security enterprise. NNSA is encouraged to continue 
these efforts, including developing a recruiting pipeline 
capability across the enterprise.

            STOCKPILE RESEARCH, TECHNOLOGY, AND ENGINEERING

    Stockpile Research, Technology, and Engineering (SRT&E) 
includes all activities to strengthen science-based stockpile 
stewardship capabilities to annually certify and assess the 
stockpile. These activities include assessments, advanced 
computing and manufacturing, experimental capabilities, and 
academic partnerships.
    Academic Programs.--Within Academic Programs, $45,000,000 
shall be for the Minority Serving Institution Partnership 
Program and $10,000,000 shall be for Tribal Colleges and 
Universities.
    Inertial Confinement Fusion (ICF) and High Yield.--Within 
the ICF program, the recommendation includes not less than 
$351,000,000 for the National Ignition Facility, not less than 
$67,900,000 for the Z Facility, and not less than $84,000,000 
for the OMEGA Laser Facility. Within funds provided for 
Facility Operations, not less than $35,000,000 shall be for the 
NNSA to manage target development and acquisition. The 
Committee notes the importance of the ICF program and the aging 
nature of the facilities. The fiscal year 2022 Act directed 
NNSA to provide to the Committee a strategic plan for 
recapitalizing, upgrading, and maintaining ICF facilities. The 
Committee is still awaiting this report and directs NNSA to 
provide the report not later than 30 days after enactment of 
this Act.
    Advanced Simulation and Computing.--Within funds provided 
for Advanced Simulation and Computing, $35,000,000 shall be for 
research in advanced memory technology and near-memory 
computing architectures by a U.S.-based manufacturer of very 
large-scale memory systems and memory semantic storage from 
100s of terabytes to petabytes that will inspire advancements 
in data marshaling technologies that will dramatically improve 
effective performance for NNSA mission applications.
    Stockpile Responsiveness Program (SRP).--The fiscal year 
2021 Act directed the NNSA to submit to the Committee an annual 
report with the budget request that includes a detailed 
accounting and status of each program, project, and activity 
within the program. The NNSA proposed meeting this reporting 
requirement by expanding the annual Stockpile Stewardship and 
Management Plan (SSMP) as necessary. The fiscal year 2022 Act 
rejected NNSA's proposal and reiterated the fiscal year 2021 
direction. The SRP appendix in the fiscal year 2022 SSMP does 
not address proposed fiscal year 2023 activities and does not 
offer a useful and timely companion to the budget. The 
Committee reiterates the fiscal year 2021 direction and expects 
to receive timely updates on the status of any new and existing 
taskings, studies, and assessments.

                      SECURE TRANSPORTATION ASSET

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

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the base 
operations, maintenance, and recapitalization of the NNSA's 
facilities and infrastructure.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $114,632,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans, the Requa settlement reached in 2019, 
and the pension plan at the Savannah River Site.

                    Defense Nuclear Nonproliferation


 
 
 
Appropriation, 2022...................................    $2,354,000,000
Budget estimate, 2023.................................     2,346,257,000
Recommended, 2023.....................................     2,424,000,000
Comparison:
    Appropriation, 2022...............................       +70,000,000
    Budget estimate, 2023.............................       +77,743,000
 

                    DEFENSE NUCLEAR NONPROLIFERATION

    Funding for the Office of Defense Nuclear Nonproliferation 
is provided across six programs: Global Material Security, 
Material Management and Minimization, Nonproliferation and Arms 
Control, Defense Nuclear Nonproliferation R&D, NNSA 
Bioassurance Program, and Nonproliferation Construction.
    Global Material Security.--The recommendation includes not 
less than $25,000,000 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.
    Defense Nuclear Nonproliferation Research and 
Development.--The Committee notes the importance of the 
University Consortia and Nonproliferation Stewardship programs 
and includes $20,000,000 for the University Consortia for 
Nuclear Nonproliferation Research. The recommendation also 
includes $20,000,000 within Nonproliferation Fuels Development 
to develop high-density, low-enriched fuels that could replace 
highly enriched uranium for naval applications.
    NNSA Bioassurance Program.--The recommendation includes 
$20,000,000 for the establishment of the NNSA Bioassurance 
Program. The NNSA is directed to provide to the Committee not 
later than 90 days after enactment of this Act, and quarterly 
thereafter, a briefing of its activities under this program, 
including how core capabilities are being leveraged to address 
biosecurity to complement efforts of other agencies.

             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.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $55,708,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans, the Requa settlement reached in 2019, 
and the pension plan at the Savannah River Site.

                             Naval Reactors


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2022...................................    $1,918,000,000
Budget estimate, 2023.................................     2,081,445,000
Recommended, 2023.....................................     2,000,000,000
Comparison:
    Appropriation, 2022...............................       +82,000,000
    Budget estimate, 2023.............................       -81,445,000
 

    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 
continue the Spent Fuel Handling Recapitalization Project.
    Naval Reactors Development.--Within available funds for 
Naval Reactors Development, $99,747,000 is transferred to the 
Office of Nuclear Energy for Advanced Test Reactor operations.

                     Federal Salaries and Expenses


 
 
 
Appropriation, 2022...................................      $464,000,000
Budget estimate, 2023.................................       496,400,000
Recommended, 2023.....................................       475,000,000
Comparison:
    Appropriation, 2022...............................       +11,000,000
    Budget estimate, 2023.............................       -21,400,000
 

    The Federal Salaries and Expenses account provides 
salaries, corporate planning, oversight, and management for 
Defense Programs, Defense Nuclear Nonproliferation, and the 
NNSA field offices in New Mexico, Nevada, Missouri, Tennessee, 
Texas, South Carolina, and California.
    Human Capital Management.--The Committee notes the success 
of the NNSA's partnership with its Management and Operating 
contractors to coordinate enterprise-wide recruiting efforts. 
However, the Committee remains concerned about the NNSA's 
ability to meet its federal staffing requirements, a challenge 
that poses risk to successfully managing a nuclear 
modernization effort unprecedented in its scope and complexity. 
The NNSA is directed to continue providing the Committee 
monthly updates on the status of hiring and retention.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2022...................................    $6,710,000,000
Budget estimate, 2023.................................     7,105,863,000
Recommended, 2023.....................................     6,722,521,000
Comparison:
    Appropriation, 2022...............................       +12,521,000
    Budget estimate, 2023.............................      -383,342,000
 

    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.
    Within available funds, $10,000,000 is provided to fund the 
hazardous waste worker training program.
    While the budget request for Defense Environmental Cleanup 
included increases at some sites, those increases were at the 
expense of other important cleanup activities at sites 
including Hanford, Idaho, and Savannah River. The 
recommendation continues to fund a balanced approach that 
sustains the momentum of ongoing cleanup activities more 
consistently across all Department cleanup sites.
    Hanford Site.--The recommendation includes funds above the 
budget request for Richland and the Office of River Protection 
to support stable funding for cleanup activities at the Hanford 
Site.
    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. The Committee remains concerned about the projected 
costs and timelines identified in the Department's 2022 Hanford 
Lifecycle Scope, Schedule, and Cost Report. This report 
estimates the total cost of Hanford cleanup to be between $300 
and $640 billion, with a potential completion date of 2078. 
This timeline could leave local communities at risk for an 
unnecessarily long period of time, and the Committee is 
concerned that projected funding needs are not realistically 
achievable. The Department, in partnership with its regulators, 
tribes, and other stakeholders, is encouraged to seriously 
consider all cleanup options that have the potential to reduce 
costs and safely expedite cleanup while protecting public 
health and the environment. The Committee notes that 
$15,800,000 is available for low level waste offsite disposal. 
The Department shall provide notice to the Committee if any 
additional funds are proposed for this project, including the 
amount and source of funds.
    Idaho National Laboratory.--The Committee is aware of 
efforts underway at the Idaho National Laboratory Site to 
collaborate across all programs and contractors to address 
respective missions. The Committee encourages the Office of 
Nuclear Energy, the Office of Environmental Management, and 
Naval Reactors to continue this integration to ensure existing 
facilities, capabilities, and workforce are being utilized 
efficiently and effectively. As part of this integration 
effort, the Department shall develop an Idaho Sitewide Spent 
Nuclear Fuel Management Plan and shall analyze the use of the 
Naval Reactors spent fuel packaging facility to support EM's 
packaging needs in lieu of new construction.
    The Committee notes that funding was provided in the fiscal 
year 2022 Act to pilot a road-ready, dry storage packaging 
capability and the Department is encouraged to move forward 
expeditiously with these activities in coordination with the 
Office of Nuclear Energy. Further, the Department is directed 
to provide to the Committee not later than 60 days after 
enactment of this Act a briefing, coordinated between the 
Offices of Environmental Management and Nuclear Energy, to 
address elimination of mixed waste streams identified in the 
Idaho National Laboratory Site Treatment Plan.
    Savannah River Site.--The recommendation includes funds 
above the budget request for H Canyon operations to continue 
operations at the fiscal year 2022 level.
    The recommendation includes $41,000,000 for operations and 
maintenance of radiological facilities at the Savannah River 
National Laboratory (SRNL). The fiscal year 2022 Act directed 
the Department to propose to the Committee a method for funding 
SRNL radiological facilities to mitigate impacts to overhead 
rates to users of the laboratory and to ensure all relevant 
users would pay a share proportional to their use. The 
Committee is still awaiting this proposal and directs the 
Department to provide the proposal not later than 30 days after 
enactment of this Act. The Committee notes that NNSA makes 
significant use of the radiological facilities at the Savannah 
River National Laboratory. The Committee directs the Office of 
Environmental Management to coordinate with NNSA in developing 
future budget requests to ensure shared operations and 
maintenance costs of SRNL radiological facilities support 
multiple critical missions.
    Program Direction.--Recruitment and training of scientists, 
engineers, and other professionals is important to address 
retirement and other attrition trends. As part of its workforce 
strategies, the Department is encouraged to leverage the DOE 
Scholars Program to enable the training of technicians to 
support cleanup and remediation activities across the program.
    Program Support.--The Committee supports the budget request 
for the Minority Serving Institution Partnership Program 
(MSIPP). The Department is directed to use a competitive, 
merit-based process in awarding funds for this program. 
Further, the Department is directed to provide to the Committee 
not later than 30 days after enactment of this Act and prior to 
the issuance of a funding opportunity announcement, or the 
allocation or obligation of any funds a detailed spend plan for 
fiscal year 2023 funds.
    The Committee recommendation includes funds for the 
Community Capacity Building program. The Department is directed 
to use a competitive, merit-based process in awarding funds for 
this program. Further, the Department is directed to provide to 
the Committee prior to the issuance of a funding opportunity 
announcement, or the allocation or obligation of any funds a 
detailed spend plan for fiscal year 2023 funds.
    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.

     Defense Uranium Enrichment Decontamination and Decommissioning


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2022...................................      $573,333,000
Budget estimate, 2023.................................             - - -
Recommended, 2023.....................................       823,321,000
Comparison:
    Appropriation, 2022...............................      +249,988,000
    Budget estimate, 2023.............................      +823,321,000
 

    The Committee recommends $823,321,000 to fully offset the 
fiscal year 2023 appropriation for the Uranium Enrichment 
Decontamination and Decommissioning account.

                        Other Defense Activities


 
 
 
Appropriation, 2022...................................      $985,000,000
Budget estimate, 2023.................................       978,351,000
Recommended, 2023.....................................     1,027,554,000
Comparison:
    Appropriation, 2022...............................       +42,554,000
    Budget estimate, 2023.............................       +49,203,000
 

    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 notes the importance of the Environment, 
Health, Safety, and Security mission to inform worker health 
and safety decisions. The Department is encouraged to support 
efforts to further engage subject matter experts, knowledge 
sharing tools, and health database innovations allowing for 
continuous improvement in this important area.

                    POWER MARKETING ADMINISTRATIONS

    Management of the federal power marketing functions was 
transferred from the Department of the Interior to the 
Department of Energy in the Department of Energy Organization 
Act of 1977 (Public Law 95-91). These functions include the 
power marketing activities authorized under section 5 of the 
Flood Control Act of 1944 and all other functions of the 
Bonneville Power Administration, the Southeastern Power 
Administration, the Southwestern Power Administration, and the 
power marketing functions of the Bureau of Reclamation that 
have been transferred to the Western Area Power Administration.
    All four power marketing administrations (PMAs) give 
preference in the sale of their power to publicly-owned and 
cooperatively-owned utilities. Operations of the Bonneville 
Power Administration are financed principally under the 
authority of the Federal Columbia River Transmission System Act 
(Public Law 93-454). Under this Act, the Bonneville Power 
Administration is authorized to use its revenues to finance the 
costs of its operations, maintenance, and capital construction 
and to sell bonds to the Treasury if necessary to finance any 
additional capital program requirements.

                  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.
    BPA is encouraged to work with public utility districts and 
stakeholders located in opportunity zones and consider the 
economic development opportunities that may be provided by 
affordable load capacity.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Appropriation, 2022...................................            $- - -
Budget estimate, 2023.................................             - - -
Recommended, 2023.....................................             - - -
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    The Southeastern Power Administration (SEPA) markets 
hydroelectric power from 22 Corps Projects to 473 customers 
across 11 states in the southeast. SEPA 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, 2022...................................       $10,400,000
Budget estimate, 2023.................................        10,608,000
Recommended, 2023.....................................        10,608,000
Comparison:
    Appropriation, 2022...............................          +208,000
    Budget estimate, 2023.............................             - - -
 

    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 1,381 miles of 
transmission lines, along with supporting substations and 
communications sites.

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


 
 
 
Appropriation, 2022...................................       $90,772,000
Budget estimate, 2023.................................        98,732,000
Recommended, 2023.....................................        98,732,000
Comparison:
    Appropriation, 2022...............................        +7,960,000
    Budget estimate, 2023.............................             - - -
 

    The Western Area Power Administration (WAPA) is responsible 
for marketing the electric power generated by the Bureau of 
Reclamation, the Corps, and the International Boundary and 
Water Commission. WAPA 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 encourages WAPA to fully utilize its 
statutory borrowing authority to upgrade interties between 
Western and Eastern regions.

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2022...................................          $228,000
Budget estimate, 2023.................................           228,000
Recommended, 2023.....................................           228,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    Falcon Dam and Amistad Dam are two international water 
projects located on the Rio Grande River between Texas and 
Mexico. Power generated by hydroelectric facilities at these 
two dams is sold to public utilities through WAPA. The Foreign 
Relations Authorization Act for Fiscal Years 1994 and 1995 
created the Falcon and Amistad Operating and Maintenance Fund 
to defray the costs of operation, maintenance, and emergency 
activities. The Fund is administered by WAPA 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, 2022...................................      $466,426,000
Budget estimate, 2023.................................       508,400,000
Recommended, 2023.....................................       508,400,000
Comparison:
    Appropriation, 2022...............................       +41,974,000
    Budget estimate, 2023.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2022...................................     -$466,426,000
Budget estimate, 2023.................................      -508,400,000
Recommended, 2023.....................................      -508,400,000
Comparison:
    Appropriation, 2022...............................       -41,974,000
    Budget estimate, 2023.............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $508,400,000. Revenues for FERC 
are established at a rate equal to the budget authority, 
resulting in a net appropriation of $0.
    The fiscal year 2022 Act directed FERC to provide a report 
on the feasibility of implementing a national reliability 
standard that includes inter-regional capacity requirements 
such as that of the European Network of Transmission System 
Operators for Electricity. The Committee looks forward to 
reviewing this report and directs FERC to provide the report 
not later than 15 days after enactment of this Act.

                        COMMITTEE RECOMMENDATION

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

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


             (INCLUDING TRANSFERS AND RESCISSION 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 regarding authority to 
release refined petroleum product from the Strategic Petroleum 
Reserve (SPR).
    The bill continues a provision to prohibit certain 
payments.
    The bill includes a provision transferring certain funds.
    The bill includes a provision related to the loan programs.
    The bill includes a provision that rescinds certain funds 
from prior year appropriations and provides new loan authority.
    The bill includes a provision regarding property 
disposition.
    The bill includes a provision that prohibits the use of 
certain funds in this title unless project management is 
conducted.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2022...................................      $195,000,000
Budget estimate, 2023.................................       235,000,000
Recommended, 2023.....................................       220,000,000
Comparison:
    Appropriation, 2022...............................       +25,000,000
    Budget estimate, 2023.............................       -15,000,000
 

    The Appalachian Regional Commission (ARC) is a regional 
economic development agency established in 1965 by the 
Appalachian Regional Development Act (Public Law 89-4). It is 
composed of the governors of the 13 Appalachian states and a 
federal co-chair appointed by the President. Each year, the ARC 
provides funding for several hundred projects in the 
Appalachian Region in areas such as business development, 
education and job training, telecommunications, infrastructure, 
community development, housing, and transportation.
    The recommendation includes $8,000,000 for Local 
Development Districts.
    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.
    The recommendation includes not less than $15,000,000 for 
counties within the Northern Appalachian region to support 
economic development, manufacturing, and entrepreneurship.
    The recommendation includes $16,000,000 for a program of 
basic infrastructure improvements in distressed counties in 
Central Appalachia.
    Within available funds, the Committee provides not less 
than $65,000,000 for activities in support of the POWER Plan 
for activities that target resources to help communities and 
regions that have been affected by job losses in coal mining, 
coal power plant operations, and coal related supply chain 
industries due to the economic downturn of the coal industry. 
These projects will create and retain jobs, assist businesses, 
and prepare thousands of workers and students with globally 
competitive skills and opportunities in the region's 
manufacturing, technology, entrepreneurship, agriculture, and 
other emerging sectors.
    The Committee 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. Accordingly, the Commission is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act an analysis of how the Commission's 
authorizing statute defines persistent poverty or distressed 
communities. This analysis should include information on the 
percentage of funding and a summary of activities directed to 
distressed communities or areas of persistent poverty. 
Additionally, it should include a comparison of how the 
Commission's definitions of persistent poverty or distressed 
communities compares to a definition of persistent poverty 
meaning that county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as 
measured by the 1993 Small Area Income and Poverty Estimates, 
the 2000 decennial census, and the most recent Small Area 
Income and Poverty Estimates, or any territory or possession of 
the United States.
    The Committee looks forward to receiving the briefing 
directed in the fiscal year 2022 Act regarding activities 
proposed or funded related to clean energy deployment or 
integration of renewable energy sources, including energy 
storage, and coordination with other federal agencies on these 
efforts.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2022...................................       $36,000,000
Budget estimate, 2023.................................        41,401,000
Recommended, 2023.....................................        41,401,000
Comparison:
    Appropriation, 2022...............................        +5,401,000
    Budget estimate, 2023.............................             - - -
 

    The Defense Nuclear Facilities Safety Board (DNFSB) was 
created by the National Defense Authorization Act for fiscal 
year 1989. The Board, composed of five members appointed by the 
President, provides advice and recommendations to the Secretary 
of Energy regarding public health and safety issues at the 
Department's defense nuclear facilities. The Board is 
responsible for reviewing and evaluating the content and 
implementation of the standards relating to the design, 
construction, operation, and decommissioning of the Department 
of Energy's defense nuclear facilities.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2022...................................       $30,100,000
Budget estimate, 2023.................................        30,100,000
Recommended, 2023.....................................        30,100,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    The Delta Regional Authority (DRA) is a federal-state 
partnership established by the Delta Regional Authority Act of 
2000 (Public Law 106-554) that serves a 252-county/parish area 
in an eight-state region near the mouth of the Mississippi 
River. Led by a federal 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 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. Accordingly, the DRA is directed to 
provide to the Committee not later than 90 days after enactment 
of this Act an analysis of how the DRA's authorizing statute 
defines persistent poverty or distressed communities. This 
analysis should include information on the percentage of 
funding and a summary of activities directed to distressed 
communities or areas of persistent poverty. Additionally, it 
should include a comparison of how the DRA's definitions of 
persistent poverty or distressed communities compares to a 
definition of persistent poverty meaning that county that has 
had 20 percent or more of its population living in poverty over 
the past 30 years, as measured by the 1993 Small Area Income 
and Poverty Estimates, the 2000 decennial census, and the most 
recent Small Area Income and Poverty Estimates, or any 
territory or possession of the United States.
    The Committee looks forward to receiving the briefing 
directed in the fiscal year 2022 Act regarding activities 
proposed or funded related to clean energy deployment or 
integration of renewable energy sources, including energy 
storage, and coordination with other federal agencies on these 
efforts.

                           Denali Commission


 
 
 
Appropriation, 2022...................................       $15,100,000
Budget estimate, 2023.................................        15,100,000
Recommended, 2023.....................................        15,100,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    The Denali Commission is a regional development agency 
established by the Denali Commission Act of 1998 (Public Law 
105-277) to provide critical utilities, infrastructure, health 
services, and economic support throughout Alaska. To ensure 
that local communities have a stake in Commission-funded 
projects, local cost-share requirements for construction and 
equipment have been established for both distressed and non-
distressed communities.
    The Committee 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. Accordingly, the Commission is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act an analysis of how the Commission's 
authorizing statute defines persistent poverty or distressed 
communities. This analysis should include information on the 
percentage of funding and a summary of activities directed to 
distressed communities or areas of persistent poverty. 
Additionally, it should include a comparison of how the 
Commissions' definitions of persistent poverty or distressed 
communities compares to a definition of persistent poverty 
meaning that county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as 
measured by the 1993 Small Area Income and Poverty Estimates, 
the 2000 decennial census, and the most recent Small Area 
Income and Poverty Estimates, or any territory or possession of 
the United States.
    The Committee looks forward to receiving the briefing 
directed in the fiscal year 2022 Act regarding activities 
proposed or funded related to clean energy deployment or 
integration of renewable energy sources, including energy 
storage, and coordination with other federal agencies on these 
efforts.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2022...................................       $35,000,000
Budget estimate, 2023.................................        36,000,000
Recommended, 2023.....................................        38,000,000
Comparison:
    Appropriation, 2022...............................        +3,000,000
    Budget estimate, 2023.............................        +2,000,000
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Northern Border 
Regional Commission (NBRC) as a federal-state partnership 
intended to address the economic development needs of 
distressed portions of the four-state region of Maine, New 
Hampshire, Vermont, and New York.
    The Committee 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. Accordingly, the Commission is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act an analysis of how the Commission's 
authorizing statute defines persistent poverty or distressed 
communities. This analysis should include information on the 
percentage of funding and a summary of activities directed to 
distressed communities or areas of persistent poverty. 
Additionally, it should include a comparison of how the 
Commission's definitions of persistent poverty or distressed 
communities compares to a definition of persistent poverty 
meaning that county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as 
measured by the 1993 Small Area Income and Poverty Estimates, 
the 2000 decennial census, and the most recent Small Area 
Income and Poverty Estimates, or any territory or possession of 
the United States.
    Within available funds, the recommendation provides 
$4,000,000 for initiatives that seek to address the decline in 
forest-based economies throughout the region, and $1,250,000 
for the State Capacity Grant Program.
    The Committee looks forward to receiving the briefing 
directed in the fiscal year 2022 Act regarding activities 
proposed or funded related to clean energy deployment or 
integration of renewable energy sources, including energy 
storage, and coordination with other federal agencies on these 
efforts.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2022...................................        $5,000,000
Budget estimate, 2023.................................         7,000,000
Recommended, 2023.....................................        33,000,000
Comparison:
    Appropriation, 2022...............................       +28,000,000
    Budget estimate, 2023.............................       +26,000,000
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Southeast Crescent 
Regional Commission as a federal-state partnership intended to 
address the economic development needs of distressed portions 
of the seven state region in the southeastern United States not 
already served by a regional development agency. The Committee 
was pleased with the recent appointment and confirmation of a 
Federal Co-Chair and supports expeditiously moving forward to 
establish the Commission.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. Accordingly, the Commission is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act an analysis of how the Commission's 
authorizing statute defines persistent poverty or distressed 
communities. This analysis should include information on the 
percentage of funding and a summary of activities directed to 
distressed communities or areas of persistent poverty. 
Additionally, it should include a comparison of how the 
Commission's definitions of persistent poverty or distressed 
communities compares to a definition of persistent poverty 
meaning that county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as 
measured by the 1993 Small Area Income and Poverty Estimates, 
the 2000 decennial census, and the most recent Small Area 
Income and Poverty Estimates, or any territory or possession of 
the United States.

                  Southwest Border Regional Commission


 
 
 
Appropriation, 2022...................................        $2,500,000
Budget estimate, 2023.................................         2,500,000
Recommended, 2023.....................................         2,500,000
Comparison:
    Appropriation, 2022...............................             - - -
    Budget estimate, 2023.............................             - - -
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Southwest Border 
Regional Commission (SWBRC) as a federal-state partnership 
intended to address the economic development needs of 
distressed portions of the four-state region of Arizona, 
California, New Mexico and Texas.
    The Committee 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 coronavirus pandemic has dramatically decreased cross-
border travel, leading to widespread economic hardship along 
the southwest border. The Administration, therefore, is 
encouraged to promptly appoint a federal co-chair in order to 
establish key partnerships with local communities, including a 
focus on underserved colonias at the southwest border that 
include approximately 2,500,000 individuals, and to consider 
opportunities to establish a regional presence in or near major 
inland ports of entry.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2022...................................      $873,901,000
Budget estimate, 2023.................................       911,384,000
Recommended, 2023.....................................       911,384,000
Comparison:
    Appropriation, 2022...............................       +37,483,000
    Budget estimate, 2023.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2022...................................     -$745,258,000
Budget estimate, 2023.................................      -777,498,000
Recommended, 2023.....................................      -777,498,000
Comparison:
    Appropriation, 2022...............................       -32,240,000
    Budget estimate, 2023.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2022...................................      $128,643,000
Budget estimate, 2023.................................       133,886,000
Recommended, 2023.....................................       133,886,000
Comparison:
    Appropriation, 2022...............................        +5,243,000
    Budget estimate, 2023.............................             - - -
 

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

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2022 enacted     FY 2023 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety..............................            $477,430            $490,673            $490,673
Nuclear Materials and Waste Safety..................             107,337             111,594             111,594
Decommissioning and Low-Level Waste.................              22,856              23,866              23,866
Integrated University Program.......................              16,000                   0              16,000
Corporate Support...................................             266,278             285,251             285,251
                                                     -----------------------------------------------------------
    Total, Program Level............................             889,901             911,384             927,384
    Savings and Carryover...........................             -16,000               - - -             -16,000
                                                     -----------------------------------------------------------
    Total...........................................            $873,901            $911,384            $911,384
----------------------------------------------------------------------------------------------------------------

    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 budget request 
amounts rounded to the thousands in all tables in future budget 
request submissions.
    Office of the Commission.--Within available funds, up to 
$9,500,000 is included for salaries, travel, and other support 
costs for the Office of the Commission. These salaries and 
expenses shall include only salaries, benefits, and travel 
costs and shall not include general and administrative and 
infrastructure costs. The 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.
    Reactor Oversight and Safety.--The Commission is directed 
to continue to provide regular briefings to the Committee on 
the Commission's current reactor oversight and safety program 
and on any proposed changes before they are implemented.
    Integrated University Program.--The Commission is directed 
to use $16,000,000 of prior-year, unobligated balances for the 
Integrated University Program. Because the Commission has 
already collected fees corresponding to these activities in 
prior years, the Committee does not include these funds within 
the fee base calculation for determining authorized revenues 
and does not provide authority to collect additional offsetting 
receipts for their use.
    Budget Execution Plan.--The Commission is directed to 
provide to the Committee not later than 30 days after enactment 
of this Act a specific budget execution plan. 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 closely monitoring the Commission's 
reconsideration of its policy related to significant 
extravasations and medical event reporting. Evidence shows that 
nuclear medicine extravasations may be avoidable and that some 
extravasations may exceed medical event reporting provided in 
10 C.F.R. Part 35 Subpart M. These events may harm patients 
through unintended radiation exposure, compromised imaging that 
negatively affects care, additional interventional procedures, 
and repeated imaging procedures. The Committee continues to 
encourage the Commission to consider the inclusion of 
significant extravasations in medical event reporting to 
improve safety, quality, and transparency for patients, 
treating physicians, and the Commission itself.
    Diablo Canyon Power Plant.--The Nuclear Regulatory 
Commission is directed to provide to the Committee not later 
than 180 days after enactment of this Act a plan for the 
continued operation of the Diablo Canyon Power Plant. The plan 
shall include the steps necessary for the license process 
including extensions, timeframes necessary to ensure continued 
operation, and explanation of any certification that the plant 
can operate safely. Further, the Commission shall provide to 
the Committee not later than 180 days after enactment of this 
Act a report regarding its authority, and any changes to 
authority that would be required, to ensure the continued 
operation of a nuclear power plant in the absence of a license 
application extension request.

                      Office of Inspector General


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2022...................................       $13,799,000
Budget estimate, 2023.................................        17,769,000
Recommended, 2023.....................................        17,769,000
Comparison:
    Appropriation, 2022...............................        +3,970,000
    Budget estimate, 2023.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2022...................................      -$11,442,000
Budget estimate, 2023.................................       -14,655,000
Recommended, 2023.....................................       -14,655,000
Comparison:
    Appropriation, 2022...............................        -3,213,000
    Budget estimate, 2023.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2022...................................        $2,357,000
Budget estimate, 2023.................................         3,114,000
Recommended, 2023.....................................         3,114,000
Comparison:
    Appropriation, 2022...............................          +757,000
    Budget estimate, 2023.............................             - - -
 

    The Committee includes $1,520,000 within this appropriation 
to provide inspector general services for the Defense Nuclear 
Facilities Safety Board.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2022...................................        $3,800,000
Budget estimate, 2023.................................         3,945,000
Recommended, 2023.....................................         3,945,000
Comparison:
    Appropriation, 2022...............................          +145,000
    Budget estimate, 2023.............................             - - -
 

    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 regarding the circumstances 
in which the Nuclear Regulatory Commission may reprogram funds.

                      TITLE V--GENERAL PROVISIONS


                     (INCLUDING TRANSFER OF FUNDS)

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

              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 104, ``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'', $22,165,000 is 
available for transfer to the Upper Colorado River Basin Fund 
and $7,584,000 is available for transfer to the Lower Colorado 
River Basin Development Fund. Such funds as may be necessary 
may be advanced to the Colorado River Dam Fund. Additionally, 
$10,000,000 is available for transfer into the San Gabriel 
Basin Restoration Fund established by section 110 of title I of 
division B of appendix D of Public Law 106-554. The amounts of 
transfers may be increased or decreased within the overall 
appropriation under the heading.
    Under ``Water and Related Resources'', $500,000 is 
available for transfer into the Aging Infrastructure Account 
established by section 9603(d)(1) of the Omnibus Public Land 
Management Act of 2009, as amended.
    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'', $99,747,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'' for the Advanced Test Reactor.
    Under ``Defense Uranium Enrichment Decontamination and 
Decommissioning'', $823,321,000 is deposited into the ``Defense 
Environmental Cleanup'' account and transferred to the 
``Uranium Decontamination and Decommissioning Fund''.
    Under section 301, ``General Provisions--Department of 
Energy,'' unexpended balances of prior appropriations provided 
for activities in this Act may be available for appropriation 
accounts for such activities established pursuant to this 
title. Available balances may be merged with funds in the 
applicable established accounts and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Under section 307, ``General Provisions--Department of 
Energy,'' all unavailable balances from the United States 
Enrichment Corporation Fund shall be transferred to and merged 
with the Uranium Enrichment Decontamination and Decommissioning 
Fund.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    The following table is submitted in compliance with clause 
9 of rule XXI, and lists the congressional earmarks (as defined 
in paragraph (e) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contains any limited 
tax benefits or limited tariff benefits as defined in 
paragraphs (f) or (g) of clause 9 of rule XXI.

                                          ENERGY AND WATER DEVELOPMENT
                                           [Community Project Funding]
Amounts shown over the presidential budget request level (``Additional Amount'' column) are considered Community
                                  Project Funding for purposes of House rules.
----------------------------------------------------------------------------------------------------------------
                                                                     Budget                Total
      Agency            Account            Project; Recipient       Request  Additional   Amount       House
                                                                     Amount    Amount    Provided    Requestors
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Alameda and Contra Costa      .......  $4,200,000  $4,200,0  Lee (CA)
 Engineers                             Counties, CA; U.S. Army                            00.
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  American River Watershed,     .......  37,792,000  37,792,0  Matsui
 Engineers                             Folsom Dam Raise, CA; U.S.                         00.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Barnegat Inlet to Little Egg  .......  32,000,000  32,000,0  Van Drew
 Engineers                             Inlet, NJ; U.S. Army Corps                         00.
 (Civil).                              of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Beneficial Use of Dredged     .......  500,000...  500,000.  Weber (TX)
 Engineers                             Material Pilot Program
 (Civil).                              (Hickory Cove Marsh and
                                       Living Shoreline, TX); U.S.
                                       Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Calcasieu River and Pass,     .......  9,000,000.  9,000,00  Higgins (LA)
 Engineers                             LA; U.S. Army Corps of                             0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Calumet Region, IN; U.S.      .......  4,500,000.  4,500,00  Mrvan
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Chesapeake Bay Environmental  .......  11,250,000  11,250,0  Scott (VA)
 Engineers                             Restoration & Protection                           00.
 (Civil).                              Program, DC, DE, MD, NY,
                                       PA, VA & WV (Money Point);
                                       U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Cook County, IL; U.S. Army    .......  4,000,000.  4,000,00  Kelly (IL),
 Engineers                             Corps of Engineers.                                0.        Newman
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Cook County, IL (Cicero       .......  2,000,000.  2,000,00  Garcia (IL)
 Engineers                             Water Main Replacement);                           0.
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  El Paso County, TX; U.S.      .......  1,000,000.  1,000,00  Escobar
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Florida Keys Water Quality    .......  5,694,000.  5,694,00  Gimenez
 Engineers                             Improvement Project, FL;                           0.
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Freeport Harbor, TX; U.S.     .......  90,660,000  90,660,0  Weber (TX)
 Engineers                             Army Corps of Engineers.                           00.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Hudson--Raritan Estuary, NY   .......  500,000...  500,000.  Jeffries
 Engineers                             & NJ (Fresh Creek, NY);
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Indiana Shoreline, IN; U.S.   .......  2,700,000.  2,700,00  Mrvan
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Indianapolis, IN; U.S. Army   .......  500,000...  500,000.  Carson
 Engineers                             Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  J Bennett Johnston Waterway,  .......  15,500,000  15,500,0  Letlow
 Engineers                             LA; U.S. Army Corps of                             00.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Lakes Marion and Moultrie,    .......  10,511,000  10,511,0  Clyburn
 Engineers                             SC; U.S. Army Corps of                             00.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Little Wood River, ID; U.S.   .......  2,600,000.  2,600,00  Simpson
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Lugert-Altus Irrigation       .......  2,000,000.  2,000,00  Lucas
 Engineers                             District, OK; U.S. Army                            0.
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Mid-Atlantic River Basin      .......  715,000...  715,000.  Watson
 Engineers                             Commissions: Delaware River                                  Coleman
 (Civil).                              Basin Commission; U.S. Army
                                       Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Murrieta Creek, CA; U.S.      .......  8,500,000.  8,500,00  Calvert, Issa
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  North Carolina Section 5113,  .......  100,000...  100,000.  Rouzer
 Engineers                             NC (Brunswick County); U.S.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  North Carolina Section 5113,  .......  100,000...  100,000.  Rouzer
 Engineers                             NC (Holden Beach); U.S.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Ohio Riverfront, Cincinnati,  .......  900,000...  900,000.  Chabot
 Engineers                             OH; U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Promontory Point Third Party  .......  450,000...  450,000.  Kelly (IL)
 Engineers                             Review, Chicago Shoreline,
 (Civil).                              IL; U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Sabine--Neches Waterway, TX;  .......  167,402,00  167,402,  Weber (TX)
 Engineers                             U.S. Army Corps of                     0.          000.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Sacramento Area               .......  2,000,000.  2,000,00  Bera
 Engineers                             Environmental                                      0.
 (Civil).                              Infrastructure
                                       (Orangevale), CA; U.S. Army
                                       Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  South Florida Ecosystem       $406,98  40,000,000  446,982,  Mast
 Engineers                             Restoration, FL; U.S. Army    2,000.               000.
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  South Florida Ecosystem       .......  350,000...  350,000.  Gimenez
 Engineers                             Restoration, FL
 (Civil).                              (Southcentral Biscayne Bay
                                       Hydrologic Monitoring
                                       Network); U.S. Army Corps
                                       of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Southwest Coastal Louisiana   .......  10,000,000  10,000,0  Higgins (LA)
 Engineers                             Hurricane Protection, LA;                          00.
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Texas Environmental           .......  3,600,000.  3,600,00  Crenshaw
 Engineers                             Infrastructure Program, TX                         0.
 (Civil).                              (Bear Branch Dam
                                       Modification); U.S. Army
                                       Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Upper Mississippi River--     .......  49,300,000  49,300,0  Bustos,
 Engineers                             Illinois WW System, IL, IA,                        00.       Graves (MO),
 (Civil).                              MN, MO & WI; U.S. Army                                       LaHood,
                                       Corps of Engineers.                                          Luetkemeyer
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Western Rural Water, AZ, NV,  .......  5,550,000.  5,550,00  Stanton
 Engineers                             MT, ID, NM, UT & WY                                0.
 (Civil).                              (Arizona Environmental
                                       Infrastructure, AZ); U.S.
                                       Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction.....  Western Rural Water, AZ, NV,  .......  2,175,000.  2,175,00  Kirkpatrick
 Engineers                             MT, ID, NM, UT & WY                                0.
 (Civil).                              (Arizona Environmental
                                       Infrastructure, AZ--City of
                                       Douglas); U.S. Army Corps
                                       of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction/      Grosse Pointe Shoreline, MI;  .......  100,000...  100,000.  Lawrence
 Engineers          Section 103.       U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Construction/      City of Springfield, 42nd     .......  460,000...  460,000.  DeFazio
 Engineers          Section 205.       Street Levee, OR; U.S. Army
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Brunswick County Beaches      .......  1,000,000.  1,000,00  Rouzer
 Engineers                             (Holden Beach), NC; U.S.                           0.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Brunswick Harbor, GA; U.S.    .......  1,600,000.  1,600,00  Carter (GA)
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Charlotte County, FL; U.S.    .......  500,000...  500,000.  Steube
 Engineers                             Army Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Christiansted Harbor, VI;     .......  200,000...  200,000.  Plaskett
 Engineers                             U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Columbia River Turning Basin  .......  900,000...  900,000.  Herrera
 Engineers                             Navigation Improvements, WA                                  Beutler
 (Civil).                              & OR; U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Florida Keys, Monroe County,  .......  916,000...  916,000.  Gimenez
 Engineers                             FL; U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Great Lakes Coastal           600,000  2,400,000.  3,000,00  Katko
 Engineers                             Resiliency Study, IL, IN,                          0.
 (Civil).                              MI, MN, NY, OH, PA and WI;
                                       U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Gulfport Harbor, MS; U.S.     .......  200,000...  200,000.  Palazzo
 Engineers                             Army Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Hartford & East Hartford,     .......  1,000,000.  1,000,00  Larson (CT)
 Engineers                             CT; U.S. Army Corps of                             0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Hoosic River Basin, MA; U.S.  .......  200,000...  200,000.  Neal
 Engineers                             Army Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Houma Navigation Canal, LA;   .......  2,500,000.  2,500,00  Graves (LA),
 Engineers                             U.S. Army Corps of                                 0.        Scalise
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Kentucky River, Beattyville,  .......  800,000...  800,000.  Rogers (KY)
 Engineers                             KY; U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Lower Missouri Basin--        .......  500,000...  500,000.  Graves (MO)
 Engineers                             Brunswick L-246, MO; U.S.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Lower Missouri Basin--Holt    .......  600,000...  600,000.  Graves (MO)
 Engineers                             County, MO & Doniphan
 (Civil).                              County, KS; U.S. Army Corps
                                       of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Lower Missouri Basin--        .......  500,000...  500,000.  Luetkemeyer
 Engineers                             Jefferson City L-142, MO;
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Middle Creek, CA; U.S. Army   .......  750,000...  750,000.  Thompson (CA)
 Engineers                             Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Northern California Streams,  .......  3,000,000.  3,000,00  Garamendi
 Engineers                             Lower Cache Creek, Yolo                            0.
 (Civil).                              County, Woodland &
                                       Vicinity, CA; U.S. Army
                                       Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Port Fourchon Belle Pass      .......  1,500,000.  1,500,00  Scalise
 Engineers                             Channel, LA; U.S. Army                             0.
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Port of Iberia, LA; U.S.      .......  1,200,000.  1,200,00  Higgins (LA)
 Engineers                             Army Corps of Engineers.                           0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Redbank and Fancher Creeks,   .......  200,000...  200,000.  Costa
 Engineers                             CA; U.S. Army Corps of
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Rio Salado Oeste, Salt        .......  300,000...  300,000.  Stanton
 Engineers                             River, AZ; U.S. Army Corps
 (Civil).                              of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  St. Augustine Back Bay, FL;   .......  1,000,000.  1,000,00  Rutherford
 Engineers                             U.S. Army Corps of                                 0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  St. Louis Riverfront,         .......  1,400,000.  1,400,00  Luetkemeyer
 Engineers                             Meramec River Basin, MO and                        0.
 (Civil).                              IL; U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Whippany River, NJ; U.S.      .......  300,000...  300,000.  Sherrill
 Engineers                             Army Corps of Engineers.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Investigations...  Wilmington Harbor Navigation  .......  1,500,000.  1,500,00  Rouzer
 Engineers                             Improvements, NC; U.S. Army                        0.
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Mississippi River  Morganza to the Gulf, LA;     .......  31,000,000  31,000,0  Graves (LA),
 Engineers          and Tributaries.   U.S. Army Corps of                                 00.       Scalise
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Mississippi River  Yazoo Basin, Grenada Lake,    5,709,0  10,000,000  15,709,0  Kelly (MS)
 Engineers          and Tributaries.   MS; U.S. Army Corps of        00.                  00.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Black Rock Channel and        2,277,0  10,000,000  12,277,0  Higgins (NY)
 Engineers          Maintenance.       Tonawanda Harbor, NY; U.S.    00.                  00.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Burns Waterway Small Boat     8,000..  914,000...  922,000.  Mrvan
 Engineers          Maintenance.       Harbor, IN; U.S. Army Corps
 (Civil).                              of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Charlotte Amalie (St.         .......  200,000...  200,000.  Plaskett
 Engineers          Maintenance.       Thomas) Harbor, VI; U.S.
 (Civil).                              Army Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Conneaut Harbor, OH; U.S.     2,020,0  450,000...  2,470,00  Joyce (OH)
 Engineers          Maintenance.       Army Corps of Engineers.      00.                  0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Fairport Harbor, OH; U.S.     2,346,0  450,000...  2,796,00  Joyce (OH)
 Engineers          Maintenance.       Army Corps of Engineers.      00.                  0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Intracoastal Waterway (IWW)-- 4,230,0  2,000,000.  6,230,00  Mast
 Engineers          Maintenance.       Jacksonville to Miami, FL;    00.                  0.
 (Civil).                              U.S. Army Corps of
                                       Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Little Machipongo River, VA;  .......  1,945,000.  1,945,00  Luria
 Engineers          Maintenance.       U.S. Army Corps of                                 0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Michigan City Harbor, IN;     10,000.  1,016,000.  1,026,00  Mrvan
 Engineers          Maintenance.       U.S. Army Corps of                                 0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Mount St. Helens Sediment     696,000  160,000...  856,000.  Herrera
 Engineers          Maintenance.       Control, WA; U.S. Army                                       Beutler
 (Civil).                              Corps of Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Okeechobee Waterway (OWW),    4,556,0  2,900,000.  7,456,00  Mast
 Engineers          Maintenance.       FL; U.S. Army Corps of        00.                  0.
 (Civil).                              Engineers.
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Shrewsbury River, NJ; U.S.    .......  26,000,000  26,000,0  Pallone
 Engineers          Maintenance.       Army Corps of Engineers.                           00.
 (Civil).
----------------------------------------------------------------------------------------------------------------
Army Corps of      Operation and      Waco Lake, TX; U.S. Army      4,706,0  1,000,000.  5,706,00  Sessions
 Engineers          Maintenance.       Corps of Engineers.           00.                  0.
 (Civil).
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  Franklin Canal Concrete       .......  100,000...  100,000.  Escobar
 Reclamation.       Resources.         Lining Project; Bureau of
                                       Reclamation.
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  Lake Mead/Las Vegas Wash      598,000  6,000,000.  6,598,00  Horsford
 Reclamation.       Resources.         Program; Bureau of                                 0.
                                       Reclamation.
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  Riverside Canal Concrete      .......  100,000...  100,000.  Gonzales,
 Reclamation.       Resources.         Lining Project; Bureau of                                    Tony
                                       Reclamation.
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  Sacramento River Basin        .......  7,859,000.  7,859,00  Garamendi
 Reclamation.       Resources.         Floodplain Reactivation;                           0.
                                       Bureau of Reclamation.
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  San Gabriel Basin             .......  10,000,000  10,000,0  Chu,
 Reclamation.       Resources.         Restoration Fund; Bureau of                        00.       Napolitano
                                       Reclamation.
----------------------------------------------------------------------------------------------------------------
DOI/Bureau of      Water and Related  Ventura River Project;        375,000  1,125,000.  1,500,00  Brownley
 Reclamation.       Resources.         Bureau of Reclamation.                             0.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  1.2 MW Floating Solar at the  .......  500,000...  500,000.  Demings
 Energy.                               Southern Regional Water
                                       Supply Facility; Orange
                                       County, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  115 kW Floating Solar         .......  400,000...  400,000.  Soto
 Energy.                               Project at Utilities and
                                       Customer Administration
                                       Building; Orange County, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Acidic Water Pollution        .......  2,100,000.  2,100,00  Reschenthaler
 Energy.                               Cleanup and Community                              0.
                                       Economic Development
                                       through Domestic Production
                                       of Critical Minerals for
                                       National Security; The
                                       Pennsylvania State
                                       University.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Advanced Energy Research      .......  1,492,000.  1,492,00  Curtis
 Energy.                               Equipment; Emery County,                           0.
                                       UT, San Rafael Energy
                                       Research Center.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Advanced Separation           .......  1,000,000.  1,000,00  Griffith
 Energy.                               Technologies Research;                             0.
                                       Virginia Polytechnic
                                       Institute and State
                                       University.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Beaver City Hydroelectric     .......  2,000,000.  2,000,00  Stewart
 Energy.                               Plant Transportation                               0.
                                       Pipeline Replacement;
                                       Beaver City Corporation, UT.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Belfair Electrical Capacity   .......  3,000,000.  3,000,00  Kilmer
 Energy.                               Infrastructure Project;                            0.
                                       Mason County Public Utility
                                       District No. 3.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Carr Park Resilient           .......  1,500,000.  1,500,00  Clark (MA)
 Energy.                               Community Solar; City of                           0.
                                       Medford, MA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Center for Wind Energy;       .......  1,600,000.  1,600,00  Allred
 Energy.                               University of Texas at                             0.
                                       Dallas.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Clean Energy Wayfinders       .......  1,000,000.  1,000,00  Case
 Energy.                               Program; Hawaii State                              0.
                                       Energy Office.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Clearwater Solar Panel        .......  949,500...  949,500.  Crist
 Energy.                               Project; City of
                                       Clearwater, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Community Lighthouse Solar    .......  3,800,000.  3,800,00  Carter (LA)
 Energy.                               and Energy Storage                                 0.
                                       Resilience; Together New
                                       Orleans.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Como Park Zoo and             .......  2,200,000.  2,200,00  McCollum
 Energy.                               Conservatory Hydro                                 0.
                                       Geothermal Heat Pump; City
                                       of Saint Paul, MN.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Craig Energy Center           .......  200,000...  200,000.  Perlmutter
 Energy.                               Feasibility Study; Tri-
                                       State Generation and
                                       Transmission, Inc..
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Critical Mineral Analytical   .......  2,000,000.  2,000,00  Vargas
 Energy.                               Training Center; University                        0.
                                       of California Riverside.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  El Paso International         .......  1,750,000.  1,750,00  Escobar
 Energy.                               Airport Solar Covered                              0.
                                       Parking Project; City of El
                                       Paso, TX.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Electric Vehicle Charging     .......  3,000,000.  3,000,00  Demings
 Energy.                               Hubs with Energy Storage                           0.
                                       and Floating Solar; Orlando
                                       Utilities Commission, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Energy Efficiency Upgrades    .......  425,000...  425,000.  DeLauro
 Energy.                               of Administrative Building;
                                       Town of Hamden, CT.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Energy Improvements of Fire   .......  126,750...  126,750.  Davids (KS)
 Energy.                               Stations; City of Shawnee,
                                       KS.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Enhanced Grid Cybersecurity   .......  400,000...  400,000.  Rutherford
 Energy.                               Threat and Vulnerability
                                       Management; JEA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Enhanced Treatment and Site   .......  2,150,000.  2,150,00  Swalwell
 Energy.                               Upgrade Campus Solar                               0.
                                       Project; Union Sanitary
                                       District.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Fremont Municipal Critical    .......  1,000,000.  1,000,00  Khanna
 Energy.                               Facility Resilience Battery                        0.
                                       Systems; East Bay Community
                                       Energy.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Geothermal Heating and        .......  694,925...  694,925.  Higgins (NY)
 Energy.                               Cooling System; Aquarium of
                                       Niagara.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Golden Gate National          .......  3,000,000.  3,000,00  Pelosi
 Energy.                               Recreation Area Solar                              0.
                                       Energy Production and
                                       Storage Project; Golden
                                       Gate National Parks
                                       Conservancy.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Green Era Anaerobic           .......  3,888,000.  3,888,00  Rush
 Energy.                               Digester; Green Era                                0.
                                       Educational NFP.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Green Hydrogen Laboratory     .......  3,000,000.  3,000,00  Perlmutter
 Energy.                               Equipment; Colorado School                         0.
                                       of Mines.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Hayward Municipal Critical    .......  1,000,000.  1,000,00  Swalwell
 Energy.                               Facility Resilience Solar                          0.
                                       and Energy Storage; East
                                       Bay Community Energy.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Hydrogen Academic Programs    .......  3,000,000.  3,000,00  Kaptur
 Energy.                               to Enhance the Hydrogen                            0.
                                       Economy; University of
                                       Toledo.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Hydrogen Electrolyzer         .......  1,080,000.  1,080,00  Curtis
 Energy.                               Performance Research; Emery                        0.
                                       County, UT, San Rafael
                                       Energy Research Center.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Largo Public Library Solar    .......  265,000...  265,000.  Crist
 Energy.                               Installation Project; City
                                       of Largo, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Liquified Natural Gas         .......  500,000...  500,000.  Reschenthaler
 Energy.                               Opportunity Study; Greene
                                       County Industrial
                                       Developments, Inc..
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Low- and Moderate-Income      .......  1,000,000.  1,000,00  Raskin
 Energy.                               Building Electrification;                          0.
                                       Montgomery County
                                       Department of Environmental
                                       Protection.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Marjorie Post Community Park  .......  1,000,000.  1,000,00  Garbarino
 Energy.                               Solar Panels Project; Town                         0.
                                       of Oyster Bay, NY.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Martin Luther King, Jr.       .......  2,000,000.  2,000,00  Johnson (TX)
 Energy.                               Community Center Solar                             0.
                                       Panels; City of Dallas, TX,
                                       Office of Community Care.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Maywood Community Resilience  .......  250,000...  250,000.  Roybal-Allard
 Energy.                               Center Energy Storage
                                       Project; City of Maywood,
                                       CA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Mecca and North Shore         .......  1,200,000.  1,200,00  Ruiz
 Energy.                               Electric Infrastructure                            0.
                                       Resiliency Project;
                                       Imperial Irrigation
                                       District.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Memorial Pools Energy         .......  700,000...  700,000.  Nadler
 Energy.                               Efficiency Retrofits;
                                       National September 11
                                       Memorial & Museum.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Midstream Critical            .......  2,500,000.  2,500,00  Gonzales,
 Energy.                               Manufacturing Industry                             0.        Tony
                                       Cybersecurity Hub; Sul Ross
                                       State University.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Millcreek Battery Project;    .......  1,000,000.  1,000,00  Stewart
 Energy.                               City of Saint George, UT,                          0.
                                       Utility Department.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Milpitas Carbon Neutral       .......  3,000,000.  3,000,00  Khanna
 Energy.                               Homes Retrofit Program;                            0.
                                       City of Milpitas, CA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Model Regional Operations     .......  10,000,000  10,000,0  Rogers (AL)
 Energy.                               Center to Enhance the Cyber                        00.
                                       Security of the U.S.
                                       Electricity Sector; Auburn
                                       University.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  National Hydrogen Test and    .......  4,000,000.  4,000,00  Carter (GA)
 Energy.                               Utilization Center; Georgia                        0.
                                       Institute of Technology.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  New River Feeder Electrical   .......  879,835...  879,835.  Amodei
 Energy.                               Substation; City of Fallon,
                                       NV.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Omaha Public Power District   .......  7,787,500.  7,787,50  Bacon
 Energy.                               Grid Resiliency and                                0.
                                       Modernization; Omaha Public
                                       Power District.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Port of Hueneme               .......  375,000...  375,000.  Brownley
 Energy.                               Comprehensive Climate
                                       Action and Adaptation Plan;
                                       Port of Hueneme, Oxnard
                                       Harbor District, CA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Regional Clean Electricity    .......  750,000...  750,000.  Johnson (GA)
 Energy.                               Plan for Local Governments
                                       in Metro Atlanta; Atlanta
                                       Regional Commission.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Renewable Energy for Cold     .......  2,258,992.  2,258,99  Castor (FL)
 Energy.                               Storage Facility; Feeding                          2.
                                       America Tampa Bay
                                       Incorporated.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Renewable Energy Outdoor      .......  1,000,000.  1,000,00  Pappas
 Energy.                               Workforce Laboratory;                              0.
                                       Manchester Community
                                       College.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Riverbank Community Center    .......  2,500,000.  2,500,00  Harder (CA)
 Energy.                               Microgrid Project; City of                         0.
                                       Riverbank, CA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Savanna Industrial Park       .......  4,000,000.  4,000,00  Bustos
 Energy.                               Anaerobic Digester; Jo-                            0.
                                       Carroll Local Redevelopment
                                       Authority.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Schenectady Community         .......  1,000,000.  1,000,00  Tonko
 Energy.                               Virtual Power Plant; City                          0.
                                       of Schenectady, NY.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Scott Valley Biomass          .......  1,000,000.  1,000,00  LaMalfa
 Energy.                               Utilization Project;                               0.
                                       Northern California
                                       Resource Center.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  SMUD Neighborhood             .......  3,000,000.  3,000,00  Matsui
 Energy.                               Electrification Project;                           0.
                                       Sacramento Municipal
                                       Utility District.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Solar and Smart Grid          .......  1,500,000.  1,500,00  Schrier
 Energy.                               Modernization at the Solar                         0.
                                       Energy Park; City of
                                       Ellensburg, WA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Solar Energy Sustainability   .......  1,500,000.  1,500,00  Roybal-Allard
 Energy.                               Project; Shelter                                   0.
                                       Partnership.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Solar Panel Installations on  .......  250,000...  250,000.  Ross
 Energy.                               Town Facilities; Town of
                                       Morrisville, NC.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Solar Workforce Training      .......  650,000...  650,000.  Beatty
 Energy.                               Lab; IMPACT Community
                                       Action.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Southeast Texas Data          .......  2,000,000.  2,000,00  Weber (TX)
 Energy.                               Analytics and Cybersecurity                        0.
                                       for Energy Supply Chain
                                       Resilience Project; Lamar
                                       University.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Sustainability Education      .......  3,000,000.  3,000,00  Correa
 Energy.                               Center for Education and                           0.
                                       Workforce Development; City
                                       of Anaheim, CA.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Transit Station Solar Energy  .......  1,854,150.  1,854,15  Phillips
 Energy.                               and EV Charging                                    0.
                                       Demonstration Project;
                                       SouthWest Transit.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  UCLA SeaChange: Carbon        .......  1,600,000.  1,600,00  Lieu
 Energy.                               Sequestration Pilot;                               0.
                                       University of California
                                       Los Angeles.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Water Facilities              .......  2,000,000.  2,000,00  Castor (FL)
 Energy.                               Hydroelectric and Solar                            0.
                                       Project; City of Tampa, FL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Willowbrook Wildlife Center   .......  2,000,000.  2,000,00  Casten
 Energy.                               Efficiency Improvements;                           0.
                                       Forest Preserve District of
                                       DuPage County, IL.
----------------------------------------------------------------------------------------------------------------
Department of      Energy Projects..  Wilmington Electric Vehicle   .......  750,000...  750,000.  Kinzinger
 Energy.                               Direct Current Fast
                                       Charging Stations with
                                       Renewable Energy; City of
                                       Wilmington, IL.
----------------------------------------------------------------------------------------------------------------

               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, 
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, providing funds from the Inland Waterways Trust 
Fund and the Harbor Maintenance Trust Fund.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, providing funds from the 
Harbor Maintenance Trust Fund.
    Language has been included under the Corps of Engineers, 
Operation and Maintenance, stating that funds can be used for: 
the operation, maintenance, and care of existing river and 
harbor, flood and storm damage reduction, aquatic ecosystem 
restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; 
maintaining authorized harbor channels provided by a state, 
municipality, or other public agency that serve essential 
navigation needs of general commerce; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to 
navigation.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing 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, providing that the allocation 
of funds be made in accordance to the provisions of this title 
and report accompanying this Act.
    Language has been included under Corps of Engineers, 
General Provisions, section 103, 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 104, 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 105, prohibiting certain dredged 
material disposal activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, prohibiting funds for 
reorganization of the Civil Works program.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, regarding the allocation of 
additional funding.

                  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, allowing fund transfers within the 
overall appropriation to the Aging Infrastructure Account 
established by section 9603(d)(1) of the Omnibus Public Land 
Management Act of 2009, as amended.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funds to be derived 
from the Reclamation Fund, the Water Storage Enhancements 
Receipts account established by section 4011(e) of Public Law 
114-322, 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 certain funds 
appropriated under this heading shall be deposited in the San 
Gabriel Restoration Fund established by section 110 of title I 
of appendix D of Public Law 106-554.
    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, 
Central Valley Project Restoration Fund, allowing the Bureau of 
Reclamation to expend such sums as may be collected in fiscal 
year 2023.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, directing the Bureau 
of Reclamation to assess and collect the full amount of 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, providing that none of 
the funds under the heading may be used for the acquisition or 
lease of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court order adopted by 
consent or decree.
    Language has been included under Bureau of Reclamation, 
California Bay-Delta Restoration (CALFED), permitting the 
transfer of funds to appropriate accounts of other 
participating federal agencies to carry out authorized 
programs; allowing funds made available under this heading to 
be used for the federal share of the costs of the CALFED 
Program management; and requiring that CALFED implementation be 
carried out with clear performance measures demonstrating 
concurrent progress in achieving the goals and objectives of 
the program.
    Language has been included under Bureau of Reclamation, 
Policy and Administration, providing that funds are to be 
derived from the Reclamation Fund and prohibiting the use of 
any other appropriation in the Act for activities budgeted as 
policy and administration expenses.
    Language has been included under Bureau of Reclamation, 
Administrative Provision, providing for the purchase of motor 
vehicles for replacement.
    Language has been included under General Provisions, 
Department of the Interior, section 201, providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances.
    Language has been included under General Provisions, 
Department of the Interior, section 202, regarding the San Luis 
Unit and the Kesterson Reservoir in California.
    Language has been included under General Provisions, 
Department of the Interior, section 203, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 204, regarding the CALFED 
Bay-Delta Authorization Act.
    Language has been included under General Provisions, 
Department of the Interior, section 205, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 206, regarding the 
Reclamation States Emergency Drought Relief Act of 1991.
    Language has been included under General Provisions, 
Department of the Interior, section 207, regarding the Water 
Resources Development Act of 2000.
    Language has been included under General Provisions, 
Department of the Interior, section 208, prohibiting funds for 
certain activities.

                    TITLE III--DEPARTMENT OF ENERGY

    Language has been included under Energy Efficiency and 
Renewable Energy for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Cybersecurity, Energy 
Security, and Emergency Response for the purchase, 
construction, and acquisition of plant and capital equipment.
    Language has been included under Electricity for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Nuclear Energy for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Fossil Energy Research and 
Development for the acquisition of interest, including 
defeasible and equitable interest in any real property or any 
facility or for plant or facility acquisition or expansion, and 
for conducting inquires, technological investigations, and 
research concerning the extraction, processing, use and 
disposal of mineral substances without objectionable social and 
environmental costs under 30 U.S.C. 3, 1602 and 1603.
    Language has been included under the Naval Petroleum and 
Oil Shale Reserves, permitting the use of unobligated balances.
    Language has been included under Non-Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment, for the purchase of one passenger 
motor vehicle, and to allow collections to be expended for 
mercury storage costs.
    Language has been included under Science providing for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of motor vehicles.
    Language has been included under Clean Energy 
Demonstrations for the purchase, construction, and acquisition 
of plant and capital equipment.
    Language has been included under Defense Production Act 
Domestic Clean Energy Accelerator for the domestic production 
capability for solar, transformers, electric grid components, 
fuel cells, electrolyzers, heat pumps, and insulation.
    Language has been included under Title 17 Innovative 
Technology Loan Guarantee Program crediting fees collected 
pursuant to section 1702(h) of the Energy Policy Act of 2005 as 
offsetting collections to this account and making fees 
collected under section 1702(h) in excess of the appropriated 
amount unavailable for expenditure until appropriated.
    Language has been included under Title 17 Innovative 
Technology Loan Guarantee Program prohibiting the subordination 
of certain interests.
    Language has been included under Tribal Energy Loan 
Guarantee Program to provide appropriated credit subsidy.
    Language has been included under Tribal Energy Loan 
Guarantee Program to allow the Department to make direct loans.
    Language has been included under Departmental 
Administration providing for the hire of passenger vehicles and 
for official reception and representation expenses.
    Language has been included under Departmental 
Administration providing, notwithstanding the provisions of the 
Anti-Deficiency Act, such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others, as long as such increases are offset by revenue 
increases of the same or greater amounts.
    Language has been included under Departmental 
Administration, notwithstanding 31 U.S.C. 3302, and consistent 
with the authorization in Public Law 95-238, to permit the 
Department of Energy to use revenues to offset appropriations. 
The appropriations language for this account reflects the total 
estimated program funding to be reduced as revenues are 
received.
    Language has been included under Weapons Activities for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Defense Nuclear 
Nonproliferation for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Naval Reactors for the 
acquisition of real property, plant, and capital equipment, 
facilities, and facility expansion.
    Language has been included under Naval Reactors 
transferring certain funds to Nuclear Energy.
    Language has been included under Federal Salaries and 
Expenses providing funding for official reception and 
representation expenses.
    Language has been included under Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment.
    Language has been included under Defense Uranium Enrichment 
Decontamination and Decommissioning transferring funds to the 
Uranium Enrichment Decontamination and Decommissioning Fund.
    Language has been included under Other Defense Activities 
for the purchase, construction, and acquisition of plant and 
capital equipment.
    Language has been included under Bonneville Power 
Administration Fund providing funding for official reception 
and representation expenses and precluding any new direct loan 
obligations.
    Language has been included under Southeastern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southeastern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southeastern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Southwestern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southwestern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southwestern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration, providing funds for official reception and 
representation expenses.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration providing that, notwithstanding 31 U.S.C. 3302, 
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the Western Area Power Administration; 
amounts collected to recover purchase power and wheeling 
expenses shall be credited to the account as offsetting 
collections and remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that, notwithstanding 
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of those dams 
and associated Western Area Power Administration activities.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that the Western Area 
Power Administration may accept a limited amount of 
contributions from the United States power customers of the 
Falcon and Amistad Dams for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for operating and maintenance of hydroelectric 
facilities.
    Language has been included under Federal Energy Regulatory 
Commission to permit the hire of passenger motor vehicles, to 
provide official reception and representation expenses, and to 
permit the use of revenues collected to reduce the 
appropriation as revenues are received.
    Language has been included under Department of Energy, 
General Provisions, section 301, prohibiting the use of funds 
to prepare or initiate requests for proposals or other 
solicitations or arrangements for programs that have not yet 
been fully funded by the Congress; requiring notification and 
reporting requirements for certain funding awards; limiting the 
use of multi-year funding mechanisms; providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances; and providing that unexpended balances of prior 
appropriations may be transferred and merged with new 
appropriation accounts established in this Act.
    Language has been included under Department of Energy, 
General Provisions, section 302, providing that funds for 
intelligence activities are deemed to be specifically 
authorized for purposes of section 504 of the National Security 
Act of 1947 during fiscal year 2023 until enactment of the 
Intelligence Authorization Act for fiscal year 2023.
    Language has been included under Department of Energy, 
General Provisions, section 303, prohibiting the use of funds 
for capital construction of high hazard nuclear facilities 
unless certain independent oversight is conducted.
    Language has been included under Department of Energy, 
General Provisions, section 304, prohibiting the use of funds 
to approve critical decision-2 or critical decision-3 for 
certain construction projects, unless a separate independent 
cost estimate has been developed for that critical decision.
    Language has been included under Department of Energy, 
General Provisions, section 305, authorizing the Secretary of 
Energy to draw down and sell refined petroleum product from the 
Strategic Petroleum Reserve under certain circumstances.
    Language has been included under Department of Energy, 
General Provisions, section 306, to prohibit certain payments.
    Language has been included under Department of Energy, 
General Provisions, section 307, transferring certain funds.
    Language has been included under Department of Energy, 
General Provisions, section 308, to address the loan programs.
    Language has been included under Department of Energy, 
General Provisions, section 309, rescinding certain funds and 
making loan authority.
    Language has been included under Department of Energy, 
General Provisions, section 310, regarding property 
disposition.
    Language has been included under Department of Energy, 
General Provisions, section 311, regarding project management.

                     TITLE IV--INDEPENDENT AGENCIES

    Language has been included under Appalachian Regional 
Commission providing for the hire of passenger vehicles and 
services authorized by section 3109 of title 5, United States 
Code.
    Language has been included under Delta Regional Authority 
allowing the expenditure of funds as authorized by the Delta 
Regional Authority Act of 2000, notwithstanding sections 
382F(d), 382M, and 382N of said Act.
    Language has been included under Denali Commission allowing 
the expenditure of funds notwithstanding section 306(g) of the 
Denali Commission Act of 1998, and providing for cost-share 
requirements for Commission-funded construction projects in 
distressed and non-distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998, as amended.
    Language has been included under Denali Commission allowing 
funding to be available for payment of a non-federal share for 
certain programs.
    Language has been included under Northern Border Regional 
Commission allowing the expenditure of funds, notwithstanding 
section 15751(b) of title 40, United States Code.
    Language has been included under Nuclear Regulatory 
Commission (NRC), Salaries and Expenses, that provides for 
salaries and other support costs for the Office 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.
    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, providing that none of the 
funds for the NRC may be available for obligation or 
expenditure through a reprogramming of funds except in certain 
circumstances.

                      TITLE V--GENERAL PROVISIONS

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

                          Program Duplication

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

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

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

               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009



           *       *       *       *       *       *       *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

           *       *       *       *       *       *       *


Subtitle B--Project Authorizations

           *       *       *       *       *       *       *


SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.

  (a) Findings and Purpose.--
          (1) Findings.--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) 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) to address any climate-related 
                        impact to the water supply of the 
                        United States that increases ecological 
                        resiliency to the impacts of climate 
                        change;
                          (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) to preventthe 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);
                          (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) 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.
                  (C) to implement projects to rehabilitate and 
                improve the irrigation infrastructure of the 
                Rio Grande Pueblos.
  (b) Definitions.--In this section:
          (1) 2004 AGREEMENT.--The term ``2004 Agreement'' 
        means the agreement entitled ``Agreement By and Between 
        the United States of America and the Middle Rio Grande 
        Conservancy District, Providing for the Payment of 
        Operation and Maintenance Charges on Newly Reclaimed 
        Pueblo Indian Lands in the Middle Rio Grande Valley, 
        New Mexico'' and executed in September 2004 (including 
        any successor agreements and amendments to the 
        agreement).
          (2) Designated engineer.--The term ``designated 
        engineer'' means a Federal employee designated under 
        the Act of February 14, 1927 (69 Stat. 1098, chapter 
        138) to represent the United States in any action 
        involving the maintenance, rehabilitation, or 
        preservation of the condition of any irrigation 
        structure or facility on land located in the Six Middle 
        Rio Grande Pueblos.
          (3) District.--The term ``District'' means the Middle 
        Rio Grande Conservancy District, a political 
        subdivision of the State established in 1925.
          (4) Pueblo irrigation infrastructure.--The term 
        ``Pueblo irrigation infrastructure'' means any 
        diversion structure, conveyance facility, or drainage 
        facility that is--
                  (A) in existence as of the date of enactment 
                of this Act; and
                  (B) located on land of a Rio Grande Pueblo 
                that is associated with--
                          (i) the delivery of water for the 
                        irrigation of agricultural land; or
                          (ii) the delivery of water for the 
                        irrigation of agricultural land; or
          (5) Rio grande basin.--The term ``Rio Grande Basin'' 
        means the headwaters of the Rio Chama and the Rio 
        Grande Rivers (including any tributaries) from the 
        State line between Colorado and New Mexico downstream 
        to the elevation corresponding with the spillway crest 
        of Elephant Butte Dam at 4,457.3 feet mean sea level.
          (6) Rio grande pueblo.--The term ``Rio Grande 
        Pueblo'' means any of the 18 Pueblos that--
                  (A) occupy land in the Rio Grande Basin; and
                  (B) are included on the list of federally 
                recognized Indian tribes published by the 
                Secretary in accordance with section 104 of the 
                Federally Recognized Indian Tribe List Act of 
                1994 (25 U.S.C. 479a-1).
          (7)  Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the 
        Commissioner of Reclamation.
          (8) Six middle rio grande pueblos.--The term ``Six 
        Middle Rio Grande Pueblos'' means each of the Pueblos 
        of Cochiti, Santo Domingo, San Felipe, Santa Ana, 
        Sandia, and Isleta.
          (9) Special project.--The term ``special project'' 
        has the meaning given the term in the 2004 Agreement.
          (10) State.--The term ``State'' means the State of 
        New Mexico.
  (c) Irrigation Infrastructure Study.--
          (1) Study.--
                  (A) In general.--On the date of enactment of 
                this Act, the Secretary, in accordance with 
                subparagraph (B), and in consultation with the 
                Rio Grande Pueblos, shall--
                          (i) conduct a study of Pueblo 
                        irrigation infrastructure; and
                          (ii) based on the results of the 
                        study, develop a list of projects 
                        (including a cost estimate for each 
                        project), that are recommended to be 
                        implemented over a 10-year period to 
                        repair, rehabilitate, or reconstruct 
                        Pueblo irrigation infrastructure.
                  (B) Required consent.--In carrying out 
                subparagraph (A), the Secretary shall only 
                include each individual Rio Grande Pueblo that 
                notifies the Secretary that the Pueblo consents 
                to participate in--
                          (i) the conduct of the study under 
                        subparagraph (A)(i); and
                          (ii) the development of the list of 
                        projects under subparagraph (A)(ii) 
                        with respect to the Pueblo.
          (2) Priority.--
                  (A) Consideration of factors.--
                          (i) In general.--In developing the 
                        list of projects under paragraph 
                        (1)(A)(ii), the Secretary shall--
                                  (I) consider each of the 
                                factors described in 
                                subparagraph (B); and
                                  (II) prioritize the projects 
                                recommended for implementation 
                                based on--
                                          (aa) a review of each 
                                        of the factors; and
                                          (bb) a consideration 
                                        of the projected 
                                        benefits of the project 
                                        on completion of the 
                                        project.
                          (ii) Eligibility of projects.--A 
                        project is eligible to be considered 
                        and prioritized by the Secretary if the 
                        project addresses at least 1 factor 
                        described in subparagraph (B).
                  (B)  Factors.--.--The factors referred to in 
                subparagraph (A) are--
                          (i)(I) the extent of disrepair of the 
                        Pueblo irrigation infrastructure; and
                          (II) the effect of the disrepair on 
                        the ability of the applicable Rio 
                        Grande Pueblo to irrigate agricultural 
                        land using Pueblo irrigation 
                        infrastructure;
                          (ii) whether, and the extent that, 
                        the repair, rehabilitation, or 
                        reconstruction of the Pueblo irrigation 
                        infrastructure would provide an 
                        opportunity to conserve water;
                          (iii)(I) the economic and cultural 
                        impacts that the Pueblo irrigation 
                        infrastructure that is in disrepair has 
                        on the applicable Rio Grande Pueblo; 
                        and
                          (II) the economic and cultural 
                        benefits that the repair, 
                        rehabilitation, or reconstruction of 
                        the Pueblo irrigation infrastructure 
                        would have on the applicable Rio Grande 
                        Pueblo;
                          (iv) the opportunity to address water 
                        supply or environmental conflicts in 
                        the applicable river basin if the 
                        Pueblo irrigation infrastructure is 
                        repaired, rehabilitated, or 
                        reconstructed; and
                          (v) the overall benefits of the 
                        project to efficient water operations 
                        on the land of the applicable Rio 
                        Grande Pueblo.
          (3) Consultation.--In developing the list of projects 
        under paragraph (1)(A)(ii), the Secretary shall consult 
        with the Director of the Bureau of Indian Affairs 
        (including the designated engineer with respect to each 
        proposed project that affects the Six Middle Rio Grande 
        Pueblos), the Chief of the Natural Resources 
        Conservation Service, and the Chief of Engineers to 
        evaluate the extent to which programs under the 
        jurisdiction of the respective agencies may be used--
                  (A) to assist in evaluating projects to 
                repair, rehabilitate, or reconstruct Pueblo 
                irrigation infrastructure; and
                  (B) to implement--
                          (i) a project recommended for 
                        implementation under paragraph 
                        (1)(A)(ii); or
                          (ii) any other related project 
                        (including on-farm improvements) that 
                        may be appropriately coordinated with 
                        the repair, rehabilitation, or 
                        reconstruction of Pueblo irrigation 
                        infrastructure to improve the efficient 
                        use of water in the Rio Grande Basin.
          (4) Report.--.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Resources of the House of 
        Representatives a report that includes--
                  (A) the list of projects recommended for 
                implementation under paragraph (1)(A)(ii); and
                  (B) The factors referred to in subparagraph 
                (A) are--any findings of the Secretary with 
                respect to--
                          (i) the study conducted under 
                        paragraph (1)(A)(i);
                          (ii) the consideration of the factors 
                        under paragraph (2)(B); and
                          (iii) the consultations under 
                        paragraph (3).
          (5) Periodic review.--Not later than 4 years after 
        the date on which the Secretary submits the report 
        under paragraph (4) and every 4 years thereafter, the 
        Secretary, in consultation with each Rio Grande Pueblo, 
        shall--
                  (A) review the report submitted under 
                paragraph (4); and
                  (B) update the list of projects described in 
                paragraph (4)(A) in accordance with each factor 
                described in paragraph (2)(B), as the Secretary 
                determines to be appropriate.
  (d) Irrigation Infrastructure Grants.--
          (1)  In general.--The Secretary may provide grants 
        to, and enter into contracts or other agreements with, 
        the Rio Grande Pueblos to plan, design, construct, or 
        otherwise implement projects to repair, rehabilitate, 
        reconstruct, or replace Pueblo irrigation 
        infrastructure that are recommended for implementation 
        under subsection (c)(1)(A)(ii)--
                  (A) to increase water use efficiency and 
                agricultural productivity for the benefit of a 
                Rio Grande Pueblo;
                  (B) to conserve water; or
                  (C) to otherwise enhance water management or 
                help avert water supply conflicts in the Rio 
                Grande Basin.
          (2)  Limitation.--Assistance provided under paragraph 
        (1) shall not be used for--
                  (A) the repair, rehabilitation, or 
                reconstruction of any major impoundment 
                structure; or
                  (B) any on-farm improvements.
          (3)  Consultation.--In carrying out a project under 
        paragraph (1), the Secretary shall--
                  (A) consult with, and obtain the approval of, 
                the applicable Rio Grande Pueblo;
                  (B) consult with the Director of the Bureau 
                of Indian Affairs; and
                  (C) as appropriate, coordinate the project 
                with any work being conducted under the 
                irrigation operations and maintenance program 
                of the Bureau of Indian Affairs.
          (4) Cost-sharing requirement.--
                  (A) Federal share.--the list of projects 
                recommended for implementation under paragraph 
                (1)(A)(ii); and
                          (i) In general.--Except as provided 
                        in clause (ii), the Federal share of 
                        the total cost of carrying out a 
                        project under paragraph (1) shall be 
                        not more than 75 percent.
                          (ii) Exception.--.--The Secretary may 
                        waive or limit the non-Federal share 
                        required under clause (i) if the 
                        Secretary determines, based on a 
                        demonstration of financial hardship by 
                        the Rio Grande Pueblo, that the Rio 
                        Grande Pueblo is unable to contribute 
                        the required non-Federal share.
                  (B) District contributions.--
                          (i) In general.--The Secretary may 
                        accept from the District a partial or 
                        total contribution toward the non-
                        Federal share required for a project 
                        carried out under paragraph (1) on land 
                        located in any of the Six Middle Rio 
                        Grande Pueblos if the Secretary 
                        determines that the project is a 
                        special project.
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the District to contribute 
                        to the non-Federal share of the cost of 
                        a project carried out under paragraph 
                        (1).
                  (C) State contributions.--
                          (i) In general.--The Secretary may 
                        accept from the State a partial or 
                        total contribution toward the non-
                        Federal share for a project carried out 
                        under paragraph (1).
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the State to contribute to 
                        the non-Federal share of the cost of a 
                        project carried out under paragraph 
                        (1).
                  (D) Form of non-federal share.--The non-
                Federal share under subparagraph (A)(i) may be 
                in the form of in-kind contributions, including 
                the contribution of any valuable asset or 
                service that the Secretary determines would 
                substantially contribute to a project carried 
                out under paragraph (1).
          (5) Operation and maintenance.--.--The Secretary may 
        not use any amount made available under subsection 
        (g)(2) to carry out the operation or maintenance of any 
        project carried out under paragraph (1).
  (e) Effect on Existing Authority and Responsibilities.--There 
is authorized to be appropriated to carry out this section, to 
remain available until expended.
          (1) affects any existing project-specific funding 
        authority; or
          (2) limits or absolves the United States from any 
        responsibility to any Rio Grande Pueblo (including any 
        responsibility arising from a trust relationship or 
        from any Federal law (including regulations), Executive 
        order, or agreement between the Federal Government and 
        any Rio Grande Pueblo).
  (f) Effect on Pueblo Water Rights or State Water Law.--
          (1) Pueblo water rights.--Nothing in this section 
        (including the implementation of any project carried 
        out in accordance with this section) affects the right 
        of any Pueblo to receive, divert, store, or claim a 
        right to water, including the priority of right and the 
        quantity of water associated with the water right under 
        Federal or State law.
          (2) State water law.--Nothing in this section 
        preempts or affects--
                  (A) State water law; or
                  (B) an interstate compact governing water.
  (g) Authorization of Appropriations.--
          (1) There is authorized to be appropriated to carry 
        out subsection (c) $4,000,000.
          (2) There is authorized to be appropriated to carry 
        out subsection (d) $6,000,000 for each of fiscal years 
        2010 through [2022] 2023.

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Subtitle F--Secure Water

           *       *       *       *       *       *       *


SEC. 9504. WATER MANAGEMENT IMPROVEMENT.

  (a) Authorization of Grants and Cooperative Agreements.--
          (1) Authority of secretary.--The Secretary may 
        provide any grant to, or enter into an agreement with, 
        any eligible applicant to assist the eligible applicant 
        in planning, designing, or constructing any improvement 
        or carrying out any activity--
                  (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 assist States and water users in 
                complying with interstate compacts or reducing 
                basin water supply-demand imbalances;
                  (G) to achieve the prevention of 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);
                  (H) to achieve the acceleration of 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;
                  (I) to improve the condition of a natural 
                feature; or
                  (J) 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;
                          (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; or
                          (iii) to plan for or address the 
                        impacts of drought.
          (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;
                          (iii) the State of Hawaii; or
                          (iv) the Commonwealth of Puerto Rico; 
                        and
                  (B) submit to the Secretary an application 
                that includes--
                          (i) a proposal of the improvement or 
                        activity to be planned, designed, 
                        constructed, or implemented by the 
                        eligible applicant; and
                          (ii) for a project that is intended 
                        to have a quantifiable water savings 
                        and would receive a grant of $500,000 
                        or more--
                                  (I) a proposal for a 
                                monitoring plan of at least 5 
                                years that would demonstrate 
                                ways in which the proposed 
                                improvement or activity would 
                                result in improved streamflows 
                                or aquatic habitat; or
                                  (II) for a project that does 
                                not anticipate improved 
                                streamflows or aquatic habitat, 
                                an analysis of ways in which 
                                the proposed improvement or 
                                activity would contribute to 1 
                                or more of the other objectives 
                                described in paragraph (1).
          (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.--
                                  (I) In general.--Except as 
                                provided in subclause (II), 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) Increased federal share 
                                for certain infrastructure 
                                improvements and activities.--
                                The Federal share of the cost 
                                of an infrastructure 
                                improvement or activity shall 
                                not exceed 75 percent of the 
                                cost of the infrastructure 
                                improvement or activity, if--
                                          (aa) the 
                                        infrastructure 
                                        improvement or activity 
                                        was developed as part 
                                        of a collaborative 
                                        process by--
                                                  (AA) a 
                                                watershed group 
                                                (as defined in 
                                                section 6001); 
                                                or
                                                  (BB) a water 
                                                user and 1 or 
                                                more 
                                                stakeholders 
                                                with diverse 
                                                interests; and
                                          (bb) the majority of 
                                        the benefits of the 
                                        infrastructure 
                                        improvement or 
                                        activity, as determined 
                                        by the Secretary, are 
                                        for the purpose of 
                                        advancing 1 or more 
                                        components of an 
                                        established strategy or 
                                        plan to increase the 
                                        reliability of water 
                                        supply for consumptive 
                                        and nonconsumptive 
                                        ecological values.
                          (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'').
          (4) Priority.--In providing grants to, and entering 
        into agreements for, projects intended to have a 
        quantifiable water savings under this subsection, the 
        Secretary shall give priority to projects that enhance 
        drought resilience by benefitting the water supply and 
        ecosystem.
  (b) Research Agreements.--
          (1) Authority of secretary.--The Secretary may enter 
        into 1 or more agreements with any university, 
        nonprofit research institution, or eligible applicant 
        to fund any research activity that is designed--
                  (A) to conserve water resources;
                  (B) to increase the efficiency of the use of 
                water resources;
                  (C) to restore a natural feature or use a 
                nature-based feature to reduce water supply and 
                demand imbalances or the risk of drought or 
                flood; or
                  (D) 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 [$750,000,000] 
$820,000,000, to remain available until expended.

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                              ----------                              


                           PUBLIC LAW 108-361



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

           *       *       *       *       *       *       *


SEC. 103. BAY DELTA PROGRAM.

  (a) In General.--
          (1) Record of decision as general framework.--The 
        Record of Decision is approved as a general framework 
        for addressing the Calfed Bay-Delta Program, including 
        its components relating to water storage, ecosystem 
        restoration, water supply reliability (including new 
        firm yield), conveyance, water use efficiency, water 
        quality, water transfers, watersheds, the Environmental 
        Water Account, levee stability, governance, and 
        science.
          (2) Requirements.--
                  (A) In general.--The Secretary and the heads 
                of the Federal agencies are authorized to carry 
                out the activities described in subsections (c) 
                through (f) consistent with--
                          (i) the Record of Decision;
                          (ii) the requirement that Program 
                        activities consisting of protecting 
                        drinking water quality, restoring 
                        ecological health, improving water 
                        supply reliability (including 
                        additional storage, conveyance, and new 
                        firm yield), and protecting Delta 
                        levees will progress in a balanced 
                        manner; and
                          (iii) this title.
                  (B) Multiple benefits.--In selecting 
                activities and projects, the Secretary and the 
                heads of the Federal agencies shall consider 
                whether the activities and projects have 
                multiple benefits.
  (b) Authorized Activities.--The Secretary and the heads of 
the Federal agencies are authorized to carry out the activities 
described in subsections (c) through (f) in furtherance of the 
Calfed Bay-Delta Program as set forth in the Record of 
Decision, subject to the cost-share and other provisions of 
this title, if the activity has been--
          (1) subject to environmental review and approval, as 
        required under applicable Federal and State law; and
          (2) approved and certified by the relevant Federal 
        agency, following consultation and coordination with 
        the Governor, to be consistent with the Record of 
        Decision.
  (c) Authorizations for Federal Agencies Under Applicable 
Law.--
          (1) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities 
        described in paragraphs (1) through (10) of subsection 
        (d), to the extent authorized under the reclamation 
        laws, the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (2) Administrator of the environmental protection 
        agency.--The Administrator of the Environmental 
        Protection Agency is authorized to carry out the 
        activities described in paragraphs (3), (5), (6), (7), 
        (8), and (9) of subsection (d), to the extent 
        authorized under the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), and other applicable law.
          (3) Secretary of the army.--The Secretary of the Army 
        is authorized to carry out the activities described in 
        paragraphs (1), (2), (6), (7), (8), and (9) of 
        subsection (d), to the extent authorized under flood 
        control, water resource development, and other 
        applicable law.
          (4) Secretary of commerce.--The Secretary of Commerce 
        is authorized to carry out the activities described in 
        paragraphs (2), (6), (7), and (9) of subsection (d), to 
        the extent authorized under the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (5) Secretary of agriculture.--The Secretary of 
        Agriculture is authorized to carry out the activities 
        described in paragraphs (3), (5), (6), (7), (8), and 
        (9) of subsection (d), to the extent authorized under 
        title XII of the Food Security Act of 1985 (16 U.S.C. 
        3801 et seq.), the Farm Security and Rural Investment 
        Act of 2002 (Public Law 107-171; 116 Stat. 134) 
        (including amendments made by that Act), and other 
        applicable law.
  (d) Description of Activities Under Applicable Law.--
          (1) Water storage.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) planning and feasibility studies 
                        for projects to be pursued with 
                        project-specific study for enlargement 
                        of--
                                  (I) the Shasta Dam in Shasta 
                                County; and
                                  (II) the Los Vaqueros 
                                Reservoir in Contra Costa 
                                County;
                          (ii) planning and feasibility studies 
                        for the following projects requiring 
                        further consideration--
                                  (I) the Sites Reservoir in 
                                Colusa County; and
                                  (II) the Upper San Joaquin 
                                River storage in Fresno and 
                                Madera Counties;
                          (iii) developing and implementing 
                        groundwater management and groundwater 
                        storage projects; and
                          (iv) comprehensive water management 
                        planning.
                  (B) Storage project authorization and 
                balanced calfed implementation.--
                          (i) In general.--If on completion of 
                        the feasibility study for a project 
                        described in clause (i) or (ii) of 
                        subparagraph (A), the Secretary, in 
                        consultation with the Governor, 
                        determines that the project should be 
                        constructed in whole or in part with 
                        Federal funds, the Secretary shall 
                        submit the feasibility study to 
                        Congress.
                          (ii) Finding of imbalance.--If 
                        Congress fails to authorize 
                        construction of the project by the end 
                        of the next full session following the 
                        submission of the feasibility study, 
                        the Secretary, in consultation with the 
                        Governor, shall prepare a written 
                        determination making a finding of 
                        imbalance for the Calfed Bay-Delta 
                        Program.
                          (iii) Report on rebalancing.--
                                  (I) In general.--If the 
                                Secretary makes a finding of 
                                imbalance for the Program under 
                                clause (ii), the Secretary, in 
                                consultation with the Governor, 
                                shall, not later than 180 days 
                                after the end of the full 
                                session described in clause 
                                (ii), prepare and submit to 
                                Congress a report on the 
                                measures necessary to rebalance 
                                the Program.
                                  (II) Schedules and 
                                alternatives.--The report shall 
                                include preparation of revised 
                                schedules and identification of 
                                alternatives to rebalance the 
                                Program, including resubmission 
                                of the project to Congress with 
                                or without modification, 
                                construction of other projects, 
                                and construction of other 
                                projects that provide 
                                equivalent water supply and 
                                other benefits at equal or 
                                lesser cost.
                  (C) Water supply and yield study.--
                          (i) In general.--The Secretary, 
                        acting through the Bureau of 
                        Reclamation and in coordination with 
                        the State, shall conduct a study of 
                        available water supplies and existing 
                        and future needs for water--
                                  (I) within the units of the 
                                Central Valley Project;
                                  (II) within the area served 
                                by Central Valley Project 
                                agricultural, municipal, and 
                                industrial water service 
                                contractors; and
                                  (III) within the Calfed Delta 
                                solution area.
                          (ii) Relationship to prior study.--In 
                        conducting the study, the Secretary 
                        shall incorporate and revise, as 
                        necessary, the results of the study 
                        required by section 3408(j) of the 
                        Central Valley Project Improvement Act 
                        of 1992 (Public Law 102-575; 106 Stat. 
                        4730).
                          (iii) Report.--Not later than 1 year 
                        after the date of enactment of this 
                        Act, the Secretary shall submit to the 
                        appropriate authorizing and 
                        appropriating committees of the Senate 
                        and the House of Representatives a 
                        report describing the results of the 
                        study, including--
                                  (I) new firm yield and water 
                                supply improvements, if any, 
                                for Central Valley Project 
                                agricultural water service 
                                contractors and municipal and 
                                industrial water service 
                                contractors, including those 
                                identified in Bulletin 160;
                                  (II) all water management 
                                actions or projects, including 
                                those identified in Bulletin 
                                160, that would--
                                          (aa) improve firm 
                                        yield or water supply; 
                                        and
                                          (bb) if taken or 
                                        constructed, balance 
                                        available water 
                                        supplies and existing 
                                        demand with due 
                                        recognition of water 
                                        right priorities and 
                                        environmental needs;
                                  (III) the financial costs of 
                                the actions and projects 
                                described under subclause (II); 
                                and
                                  (IV) the beneficiaries of 
                                those actions and projects and 
                                an assessment of the 
                                willingness of the 
                                beneficiaries to pay the 
                                capital costs and operation and 
                                maintenance costs of the 
                                actions and projects.
                  (D) Management.--The Secretary shall conduct 
                activities related to developing groundwater 
                storage projects to the extent authorized under 
                law.
                  (E) Comprehensive water planning.--The 
                Secretary shall conduct activities related to 
                comprehensive water management planning to the 
                extent authorized under law.
          (2) Conveyance.--
                  (A) South delta actions.--
                          (i) In general.--In the case of the 
                        South Delta, activities under this 
                        subparagraph consist of--
                                  (I) the South Delta 
                                Improvements Program through 
                                actions to--
                                          (aa) increase the 
                                        State Water Project 
                                        export limit to 8,500 
                                        cfs;
                                          (bb) install 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, under which 
                                        Federal agencies shall 
                                        cooperate with the 
                                        State to accelerate 
                                        installation of the 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, with an intent 
                                        to complete that 
                                        installation not later 
                                        than September 30, 
                                        2007;
                                          (cc) evaluate, 
                                        consistent with the 
                                        Record of Decision, 
                                        fish screens and intake 
                                        facilities at the Tracy 
                                        Pumping Plant 
                                        facilities; and
                                          (dd) increase the 
                                        State Water Project 
                                        export to the maximum 
                                        capability of 10,300 
                                        cfs;
                                  (II) reduction of 
                                agricultural drainage in South 
                                Delta channels, and other 
                                actions necessary to minimize 
                                the impact of drainage on 
                                drinking water quality;
                                  (III) evaluation of lower San 
                                Joaquin River floodway 
                                improvements;
                                  (IV) installation and 
                                operation of temporary barriers 
                                in the South Delta until fully 
                                operable barriers are 
                                constructed; and
                                  (V) actions to protect 
                                navigation and local diversions 
                                not adequately protected by 
                                temporary barriers.
                          (ii) Actions to increase pumping.--
                        Actions to increase pumping shall be 
                        accomplished in a manner consistent 
                        with the Record of Decision requirement 
                        to avoid redirected impacts and adverse 
                        impacts to fishery protection and with 
                        any applicable Federal or State law 
                        that protects--
                                  (I) water diversions and use 
                                (including avoidance of 
                                increased costs of diversion) 
                                by in-Delta water users 
                                (including in-Delta 
                                agricultural users that have 
                                historically relied on water 
                                diverted for use in the Delta);
                                  (II) water quality for 
                                municipal, industrial, 
                                agricultural, and other uses; 
                                and
                                  (III) water supplies for 
                                areas of origin.
                  (B) North delta actions.--In the case of the 
                North Delta, activities under this subparagraph 
                consist of--
                          (i) evaluation and implementation of 
                        improved operational procedures for the 
                        Delta Cross Channel to address fishery 
                        and water quality concerns;
                          (ii) evaluation of a screened 
                        through-Delta facility on the 
                        Sacramento River; and
                          (iii) evaluation of lower Mokelumne 
                        River floodway improvements.
                  (C) Interties.--Activities under this 
                subparagraph consist of--
                          (i) evaluation and construction of an 
                        intertie between the State Water 
                        Project California Aqueduct and the 
                        Central Valley Project Delta Mendota 
                        Canal, near the City of Tracy, as an 
                        operation and maintenance activity, 
                        except that the Secretary shall design 
                        and construct the intertie in a manner 
                        consistent with a possible future 
                        expansion of the intertie capacity (as 
                        described in subsection (f)(1)(B)); and
                          (ii) assessment of a connection of 
                        the Central Valley Project to the 
                        Clifton Court Forebay of the State 
                        Water Project, with a corresponding 
                        increase in the screened intake of the 
                        Forebay.
                  (D) Program to meet standards.--
                          (i) In general.--Prior to increasing 
                        export limits from the Delta for the 
                        purposes of conveying water to south-
                        of-Delta Central Valley Project 
                        contractors or increasing deliveries 
                        through an intertie, the Secretary 
                        shall, not later than 1 year after the 
                        date of enactment of this Act, in 
                        consultation with the Governor, develop 
                        and initiate implementation of a 
                        program to meet all existing water 
                        quality standards and objectives for 
                        which the Central Valley Project has 
                        responsibility.
                          (ii) Measures.--In developing and 
                        implementing the program, the Secretary 
                        shall include, to the maximum extent 
                        feasible, the measures described in 
                        clauses (iii) through (vii).
                          (iii) Recirculation program.--The 
                        Secretary shall incorporate into the 
                        program a recirculation program to 
                        provide flow, reduce salinity 
                        concentrations in the San Joaquin 
                        River, and reduce the reliance on the 
                        New Melones Reservoir for meeting water 
                        quality and fishery flow objectives 
                        through the use of excess capacity in 
                        export pumping and conveyance 
                        facilities.
                          (iv) Best management practices 
                        plan.--
                                  (I) In general.--The 
                                Secretary shall develop and 
                                implement, in coordination with 
                                the State's programs to improve 
                                water quality in the San 
                                Joaquin River, a best 
                                management practices plan to 
                                reduce the water quality 
                                impacts of the discharges from 
                                wildlife refuges that receive 
                                water from the Federal 
                                Government and discharge salt 
                                or other constituents into the 
                                San Joaquin River.
                                  (II) Coordination with 
                                interested parties.--The plan 
                                shall be developed in 
                                coordination with interested 
                                parties in the San Joaquin 
                                Valley and the Delta.
                                  (III) Coordination with 
                                entities that discharge 
                                water.--The Secretary shall 
                                also coordinate activities 
                                under this clause with other 
                                entities that discharge water 
                                into the San Joaquin River to 
                                reduce salinity concentrations 
                                discharged into the River, 
                                including the timing of 
                                discharges to optimize their 
                                assimilation.
                          (v) Acquisition of water.--The 
                        Secretary shall incorporate into the 
                        program the acquisition from willing 
                        sellers of water from streams tributary 
                        to the San Joaquin River or other 
                        sources to provide flow, dilute 
                        discharges of salt or other 
                        constituents, and to improve water 
                        quality in the San Joaquin River below 
                        the confluence of the Merced and San 
                        Joaquin Rivers, and to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives.
                          (vi) Purpose.--The purpose of the 
                        authority and direction provided to the 
                        Secretary under this subparagraph is to 
                        provide greater flexibility in meeting 
                        the existing water quality standards 
                        and objectives for which the Central 
                        Valley Project has responsibility so as 
                        to reduce the demand on water from New 
                        Melones Reservoir used for that purpose 
                        and to assist the Secretary in meeting 
                        any obligations to Central Valley 
                        Project contractors from the New 
                        Melones Project.
                          (vii) Updating of new melones 
                        operating plan.--The Secretary shall 
                        update the New Melones operating plan 
                        to take into account, among other 
                        things, the actions described in this 
                        title that are designed to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives, and to ensure that actions 
                        to enhance fisheries in the Stanislaus 
                        River are based on the best available 
                        science.
          (3) Water use efficiency.--
                  (A) Water conservation projects.--Activities 
                under this paragraph include water conservation 
                projects that provide water supply reliability, 
                water quality, and ecosystem benefits to the 
                California Bay-Delta system.
                  (B) Technical assistance.--Activities under 
                this paragraph include technical assistance for 
                urban and agricultural water conservation 
                projects.
                  (C) Water recycling and desalination 
                projects.--Activities under this paragraph 
                include water recycling and desalination 
                projects, including groundwater remediation 
                projects and projects identified in the Bay 
                Area Water Plan and the Southern California 
                Comprehensive Water Reclamation and Reuse Study 
                and other projects, giving priority to projects 
                that include regional solutions to benefit 
                regional water supply and reliability needs.
                  (D) Water measurement and transfer actions.--
                Activities under this paragraph include water 
                measurement and transfer actions.
                  (E) Urban water conservation.--Activities 
                under this paragraph include implementation of 
                best management practices for urban water 
                conservation.
                  (F) Reclamation and recycling projects.--
                          (i) Projects.--This subparagraph 
                        applies to--
                                  (I) projects identified in 
                                the Southern California 
                                Comprehensive Water Reclamation 
                                and Reuse Study, dated April 
                                2001 and authorized by section 
                                1606 of the Reclamation 
                                Wastewater and Groundwater 
                                Study and Facilities Act (43 
                                U.S.C. 390h-4); and
                                  (II) projects identified in 
                                the San Francisco Bay Area 
                                Regional Water Recycling 
                                Program described in the San 
                                Francisco Bay Area Regional 
                                Water Recycling Program 
                                Recycled Water Master Plan, 
                                dated December 1999 and 
                                authorized by section 1611 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                9).
                          (ii) Deadline.--Not later than 180 
                        days after the date of enactment of 
                        this Act, the Secretary shall--
                                  (I) complete the review of 
                                the existing studies of the 
                                projects described in clause 
                                (i); and
                                  (II) make the feasibility 
                                determinations described in 
                                clause (iii).
                          (iii) Feasibility determinations.--A 
                        project described in clause (i) is 
                        presumed to be feasible if the 
                        Secretary determines for the project--
                                  (I) in consultation with the 
                                affected local sponsoring 
                                agency and the State, that the 
                                existing planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) have been 
                                prepared consistent with Bureau 
                                of Reclamation procedures for 
                                projects under consideration 
                                for financial assistance under 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h 
                                et seq.); and
                                  (II) that the planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) demonstrate that 
                                the project will contribute to 
                                the goals of improving water 
                                supply reliability in the 
                                Calfed solution area or the 
                                Colorado River Basin within the 
                                State and otherwise meets the 
                                requirements of section 1604 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                2).
                          (iv) Report.--Not later than 90 days 
                        after the date of completion of a 
                        feasibility study or the review of a 
                        feasibility study under this 
                        subparagraph, the Secretary shall 
                        submit to the appropriate authorizing 
                        and appropriating committees of the 
                        Senate and the House of Representatives 
                        a report describing the results of the 
                        study or review.
          (4) Water transfers.--Activities under this paragraph 
        consist of--
                  (A) increasing the availability of existing 
                facilities for water transfers;
                  (B) lowering transaction costs through permit 
                streamlining; and
                  (C) maintaining a water transfer information 
                clearinghouse.
          (5) Integrated regional water management plans.--
        Activities under this paragraph consist of assisting 
        local and regional communities in the State in 
        developing and implementing integrated regional water 
        management plans to carry out projects and programs 
        that improve water supply reliability, water quality, 
        ecosystem restoration, and flood protection, or meet 
        other local and regional needs, in a manner that is 
        consistent with, and makes a significant contribution 
        to, the Calfed Bay-Delta Program.
          (6) Ecosystem restoration.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) implementation of large-scale 
                        restoration projects in San Francisco 
                        Bay and the Delta and its tributaries;
                          (ii) restoration of habitat in the 
                        Delta, San Pablo Bay, and Suisun Bay 
                        and Marsh, including tidal wetland and 
                        riparian habitat;
                          (iii) fish screen and fish passage 
                        improvement projects, including the 
                        Sacramento River Small Diversion Fish 
                        Screen Program;
                          (iv) implementation of an invasive 
                        species program, including prevention, 
                        control, and eradication;
                          (v) development and integration of 
                        Federal and State agricultural programs 
                        that benefit wildlife into the 
                        Ecosystem Restoration Program;
                          (vi) financial and technical support 
                        for locally-based collaborative 
                        programs to restore habitat while 
                        addressing the concerns of local 
                        communities;
                          (vii) water quality improvement 
                        projects to manage or reduce 
                        concentrations of salinity, selenium, 
                        mercury, pesticides, trace metals, 
                        dissolved oxygen, turbidity, sediment, 
                        and other pollutants;
                          (viii) land and water acquisitions to 
                        improve habitat and fish spawning and 
                        survival in the Delta and its 
                        tributaries;
                          (ix) integrated flood management, 
                        ecosystem restoration, and levee 
                        protection projects;
                          (x) scientific evaluations and 
                        targeted research on Program 
                        activities; and
                          (xi) strategic planning and tracking 
                        of Program performance.
                  (B) Reporting requirements.--The Secretary or 
                the head of the relevant Federal agency (as 
                appropriate under clause (ii)) shall provide to 
                the appropriate authorizing committees of the 
                Senate and the House of Representatives and 
                other appropriate parties in accordance with 
                this subparagraph--
                          (i) an annual ecosystem program plan 
                        report in accordance with subparagraph 
                        (C); and
                          (ii) detailed project reports in 
                        accordance with subparagraph (D).
                  (C) Annual ecosystem program plan.--
                          (i) In general.--Not later than 
                        October 1 of each year, with respect to 
                        each ecosystem restoration action 
                        carried out using Federal funds under 
                        this title, the Secretary, in 
                        consultation with the Governor, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives an annual ecosystem 
                        program plan report.
                          (ii) Purposes.--The purposes of the 
                        report are--
                                  (I) to describe the projects 
                                and programs to implement this 
                                subsection in the following 
                                fiscal year; and
                                  (II) to establish priorities 
                                for funding the projects and 
                                programs for subsequent fiscal 
                                years.
                          (iii) Contents.--The report shall 
                        describe--
                                  (I) the goals and objectives 
                                of the programs and projects;
                                  (II) program accomplishments;
                                  (III) major activities of the 
                                programs;
                                  (IV) the Federal agencies 
                                involved in each project or 
                                program identified in the plan 
                                and the cost-share arrangements 
                                with cooperating agencies;
                                  (V) the resource data and 
                                ecological monitoring data to 
                                be collected for the 
                                restoration projects and how 
                                the data are to be integrated, 
                                streamlined, and designed to 
                                measure the effectiveness and 
                                overall trend of ecosystem 
                                health in the Bay-Delta 
                                watershed;
                                  (VI) implementation schedules 
                                and budgets;
                                  (VII) existing monitoring 
                                programs and performance 
                                measures;
                                  (VIII) the status and 
                                effectiveness of measures to 
                                minimize the impacts of the 
                                program on agricultural land; 
                                and
                                  (IX) a description of 
                                expected benefits of the 
                                restoration program relative to 
                                the cost.
                          (iv) Special rule for land 
                        acquisition using federal funds.--For 
                        each ecosystem restoration project 
                        involving land acquisition using 
                        Federal funds under this title, the 
                        Secretary shall--
                                  (I) identify the specific 
                                parcels to be acquired in the 
                                annual ecosystem program plan 
                                report under this subparagraph; 
                                or
                                  (II) not later than 150 days 
                                before the project is approved, 
                                provide to the appropriate 
                                authorizing committees of the 
                                Senate and the House of 
                                Representatives, the United 
                                States Senators from the State, 
                                and the United States 
                                Representative whose district 
                                would be affected, notice of 
                                any such proposed land 
                                acquisition using Federal funds 
                                under this title submitted to 
                                the Federal or State agency.
                  (D) Detailed project reports.--
                          (i) In general.--In the case of each 
                        ecosystem restoration program or 
                        project funded under this title that is 
                        not specifically identified in an 
                        annual ecosystem program plan under 
                        subparagraph (C), not later than 45 
                        days prior to approval, the Secretary, 
                        in coordination with the State, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives recommendations on 
                        the proposed program or project.
                          (ii) Contents.--The recommendations 
                        shall--
                                  (I) describe the selection of 
                                the program or project, 
                                including the level of public 
                                involvement and independent 
                                science review;
                                  (II) describe the goals, 
                                objectives, and implementation 
                                schedule of the program or 
                                project, and the extent to 
                                which the program or project 
                                addresses regional and 
                                programmatic goals and 
                                priorities;
                                  (III) describe the monitoring 
                                plans and performance measures 
                                that will be used for 
                                evaluating the performance of 
                                the proposed program or 
                                project;
                                  (IV) identify any cost-
                                sharing arrangements with 
                                cooperating entities;
                                  (V) identify how the proposed 
                                program or project will comply 
                                with all applicable Federal and 
                                State laws, including the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                  (VI) in the case of any 
                                program or project involving 
                                the acquisition of private land 
                                using Federal funds under this 
                                title--
                                          (aa) describe the 
                                        process and timing of 
                                        notification of 
                                        interested members of 
                                        the public and local 
                                        governments;
                                          (bb) describe the 
                                        measures taken to 
                                        minimize impacts on 
                                        agricultural land 
                                        pursuant to the Record 
                                        of Decision; and
                                          (cc) include 
                                        preliminary management 
                                        plans for all 
                                        properties to be 
                                        acquired with Federal 
                                        funds, including an 
                                        overview of existing 
                                        conditions (including 
                                        habitat types in the 
                                        affected project area), 
                                        the expected ecological 
                                        benefits, preliminary 
                                        cost estimates, and 
                                        implementation 
                                        schedules.
          (7) Watersheds.--Activities under this paragraph 
        consist of--
                  (A) building local capacity to assess and 
                manage watersheds affecting the Delta system;
                  (B) technical assistance for watershed 
                assessments and management plans; and
                  (C) developing and implementing locally-based 
                watershed conservation, maintenance, and 
                restoration actions.
          (8) Water quality.--Activities under this paragraph 
        consist of--
                  (A) addressing drainage problems in the San 
                Joaquin Valley to improve downstream water 
                quality (including habitat restoration projects 
                that improve water quality) if--
                          (i) a plan is in place for monitoring 
                        downstream water quality improvements; 
                        and
                          (ii) State and local agencies are 
                        consulted on the activities to be 
                        funded;
                except that no right, benefit, or privilege is 
                created as a result of this subparagraph;
                  (B) implementation of source control programs 
                in the Delta and its tributaries;
                  (C) developing recommendations through 
                scientific panels and advisory council 
                processes to meet the Calfed Bay-Delta Program 
                goal of continuous improvement in Delta water 
                quality for all uses;
                  (D) investing in treatment technology 
                demonstration projects;
                  (E) controlling runoff into the California 
                aqueduct, the Delta-Mendota Canal, and other 
                similar conveyances;
                  (F) addressing water quality problems at the 
                North Bay Aqueduct;
                  (G) supporting and participating in the 
                development of projects to enable San Francisco 
                Bay Area water districts, and water entities in 
                San Joaquin and Sacramento Counties, to work 
                cooperatively to address their water quality 
                and supply reliability issues, including--
                          (i) connections between aqueducts, 
                        water transfers, water conservation 
                        measures, institutional arrangements, 
                        and infrastructure improvements that 
                        encourage regional approaches; and
                          (ii) investigations and studies of 
                        available capacity in a project to 
                        deliver water to the East Bay Municipal 
                        Utility District under its contract 
                        with the Bureau of Reclamation, dated 
                        July 20, 2001, in order to determine if 
                        such capacity can be utilized to meet 
                        the objectives of this subparagraph;
                  (H) development of water quality exchanges 
                and other programs to make high quality water 
                available for urban and other users;
                  (I) development and implementation of a plan 
                to meet all Delta water quality standards for 
                which the Federal and State water projects have 
                responsibility;
                  (J) development of recommendations through 
                science panels and advisory council processes 
                to meet the Calfed Bay-Delta Program goal of 
                continuous improvement in water quality for all 
                uses; and
                  (K) projects that are consistent with the 
                framework of the water quality component of the 
                Calfed Bay-Delta Program.
          (9) Science.--Activities under this paragraph consist 
        of--
                  (A) supporting establishment and maintenance 
                of an independent science board, technical 
                panels, and standing boards to provide 
                oversight and peer review of the Program;
                  (B) conducting expert evaluations and 
                scientific assessments of all Program elements;
                  (C) coordinating existing monitoring and 
                scientific research programs;
                  (D) developing and implementing adaptive 
                management experiments to test, refine, and 
                improve scientific understandings;
                  (E) establishing performance measures, and 
                monitoring and evaluating the performance of 
                all Program elements; and
                  (F) preparing an annual science report.
          (10) Diversification of water supplies.--Activities 
        under this paragraph consist of actions to diversify 
        sources of level 2 refuge supplies and modes of 
        delivery to refuges while maintaining the diversity of 
        level 4 supplies pursuant to section 3406(d)(2) of the 
        Central Valley Project Improvement Act (Public Law 102-
        575; 106 Stat. 4723).
  (e) New and Expanded Authorizations for Federal Agencies.--
          (1) In general.--The heads of the Federal agencies 
        described in this subsection are authorized to carry 
        out the activities described in subsection (f) during 
        each of fiscal years 2005 through [2022] 2023, 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 
                [2022] 2023.
                  (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] $30,000,000 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 [2022] 2023 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 [2022] 
2023, to remain available until expended.

           *       *       *       *       *       *       *

                              ----------                              


        RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991



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

           *       *       *       *       *       *       *


SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.

  (a) In general.--The programs and authorities established 
under this subchapter shall become operative in any Reclamation 
State and in the State of Hawaii only after the Governor or 
Governors of the affected State or States, or on a reservation, 
when the governing body of the affected tribe has made a 
request for temporary drought assistance and the Secretary has 
determined that such temporary assistance is merited, or upon 
the approval of a drought contingency plan as provided in 
subchapter II of this chapter.
  (b) Coordination with BPA.--If a Governor referred to in 
subsection (a) is the Governor of the State of Washington, 
Oregon, Idaho, or Montana, the Governor shall coordinate with 
the Administrator of the Bonneville Power Administration before 
making a request under subsection (a).
  (c) Termination of authority.--The authorities established 
under this subchapter shall terminate on September 30, [2022] 
2023.

           *       *       *       *       *       *       *


TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  Except as otherwise provided in section 303 of this Act 
(relating to temperature control devices at Shasta Dam, 
California), there is authorized to be appropriated not more 
than [$120,000,000] $130,000,000 in total for the period of 
fiscal years 2006 through [2022] 2023.

           *       *       *       *       *       *       *

                              ----------                              


                WATER RESOURCES DEVELOPMENT ACT OF 2000



           *       *       *       *       *       *       *
TITLE V--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 529. LAS VEGAS, NEVADA.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Committee.--The term ``Committee'' means the Las 
        Vegas Wash Coordinating Committee.
          (2) Plan..--The term ``Plan'' means the Las Vegas 
        Wash comprehensive adaptive management plan, developed 
        by the Committee and dated January 20, 2000.
          (3) Project.--The term ``Project'' means the Las 
        Vegas Wash wetlands restoration and Lake Mead 
        improvement project and includes the programs, 
        features, components, projects, and activities 
        identified in the Plan.
  (b) Participation in Project.--
          (1) In general..--The Secretary, in conjunction with 
        the Administrator of the Environmental Protection 
        Agency, the Secretary of Agriculture, and the Secretary 
        of the Interior and in partnership with the Committee, 
        shall participate in the implementation of the Project 
        at Las Vegas Wash and Lake Mead in accordance with the 
        Plan.
          (2) Cost sharing requirements.--
                  (A) In general.--The non-Federal interests 
                shall pay 35 percent of the cost of any project 
                carried out under this section.
                  (B) Operation and maintenance.--The non-
                Federal interests shall be responsible for all 
                costs associated with operating, maintaining, 
                replacing, repairing, and rehabilitating all 
                projects carried out under this section.
                  (C) Federal lands.--Notwithstanding any other 
                provision of this subsection, the Federal share 
                of the cost of a project carried out under this 
                section on Federal lands shall be 100 percent, 
                including the costs of operation and 
                maintenance.
          (3) Authorization of appropriations.--There is 
        authorized to be appropriated [$30,000,000] $40,000,000 
        to carry out this section.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 117-58



           *       *       *       *       *       *       *
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

             Subtitle A--Department of Energy Loan Program

SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.

  (a) Title XVII Innovative Energy Loan Guarantee Program.--
          (1) Reasonable prospect of repayment.--Section 
        1702(d)(1) of the Energy Policy Act of 2005 (42 U.S.C. 
        16512(d)(1)) is amended--
                  (A) by striking the paragraph designation and 
                heading and all that follows through ``No 
                guarantee'' and inserting the following:
          ``(1) Requirement.--
                  ``(A) In general.--No guarantee''; and
                  (B) by adding at the end the following:
                  ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether 
                there is reasonable prospect of repayment under 
                subparagraph (A) on a comprehensive evaluation 
                of whether the borrower has a reasonable 
                prospect of repaying the guaranteed obligation 
                for the eligible project, including, as 
                applicable, an evaluation of--
                          ``(i) the strength of the contractual 
                        terms of the eligible project (if 
                        commercially reasonably available);
                          ``(ii) the forecast of noncontractual 
                        cash flows supported by market 
                        projections from reputable sources, as 
                        determined by the Secretary;
                          ``(iii) cash sweeps and other 
                        structure enhancements;
                          ``(iv) the projected financial 
                        strength of the borrower--
                                  ``(I) at the time of loan 
                                close; and
                                  ``(II) throughout the loan 
                                term after the project is 
                                completed;
                          ``(v) the financial strength of the 
                        investors and strategic partners of the 
                        borrower, if applicable; and
                          ``(vi) other financial metrics and 
                        analyses that are relied on by the 
                        private lending community and 
                        nationally recognized credit rating 
                        agencies, as determined appropriate by 
                        the Secretary.''.
          (2) Loan guarantees for projects that increase the 
        domestically produced supply of critical minerals.--
                  (A) In general.--Section 1703(b) of the 
                Energy Policy Act of 2005 (42 U.S.C. 16513(b)) 
                is amended by adding at the end the following:
          ``(13) Projects that increase the domestically 
        produced supply of critical minerals (as defined in 
        section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
        1606(a)), including through the production, processing, 
        manufacturing, recycling, or fabrication of mineral 
        alternatives.''.
                  [(B) Prohibition on use of previously 
                appropriated funds.--Amounts appropriated to 
                the Department of Energy before the date of 
                enactment of this Act shall not be made 
                available for the cost of loan guarantees made 
                under paragraph (13) of section 1703(b) of the 
                Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
                  [(C) Prohibition on use of previously 
                available commitment authority.--Amounts made 
                available to the Department of Energy for 
                commitments to guarantee loans under section 
                1703 of the Energy Policy Act of 2005 (42 
                U.S.C. 16513) before the date of enactment of 
                this Act shall not be made available for 
                commitments to guarantee loans for projects 
                described in paragraph (13) of section 1703(b) 
                of the Energy Policy Act of 2005 (42 U.S.C. 
                16513(b)).]
          (3) Conflicts of interest.--Section 1702 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
        by adding at the end the following:
  ``(r) Conflicts of Interest.--For each project selected for a 
guarantee under this title, the Secretary shall certify that 
political influence did not impact the selection of the 
project.''.
  (b) Advanced Technology Vehicle Manufacturing.--
          (1) Eligibility.--Section 136(a)(1) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 
        17013(a)(1)) is amended--
                  (A) in subparagraph (C), by striking the 
                period at the end and inserting a semicolon;
                  (B) by redesignating subparagraphs (A) 
                through (C) as clauses (i) through (iii), 
                respectively, and indenting appropriately;
                  (C) in the matter preceding clause (i) (as so 
                redesignated), by striking ``means an ultra'' 
                and inserting the following:`` means--
                  ``(A) an ultra''; and
                  (D) by adding at the end the following:
                  ``(B) a medium duty vehicle or a heavy duty 
                vehicle that exceeds 125 percent of the 
                greenhouse gas emissions and fuel efficiency 
                standards established by the final rule of the 
                Environmental Protection Agency entitled 
                `Greenhouse Gas Emissions and Fuel Efficiency 
                Standards for Medium- and Heavy-Duty Engines 
                and Vehicles--Phase 2' (81 Fed. Reg. 73478 
                (October 25, 2016));
                  ``(C) a train or locomotive;
                  ``(D) a maritime vessel;
                  ``(E) an aircraft; and
                  ``(F) hyperloop technology.''.
          (2) Reasonable prospect of repayment.--Section 136(d) 
        of the Energy Independence and Security Act of 2007 (42 
        U.S.C. 17013(d)) is amended--
                  (A) by striking paragraph (3) and inserting 
                the following:
          ``(3) Selection of eligible projects.--
                  ``(A) In general.--The Secretary shall select 
                eligible projects to receive loans under this 
                subsection if the Secretary determines that--
                          ``(i) the loan recipient--
                                  ``(I) has a reasonable 
                                prospect of repaying the 
                                principal and interest on the 
                                loan;
                                  ``(II) will provide 
                                sufficient information to the 
                                Secretary for the Secretary to 
                                ensure that the qualified 
                                investment is expended 
                                efficiently and effectively; 
                                and
                                  ``(III) has met such other 
                                criteria as may be established 
                                and published by the Secretary; 
                                and
                          ``(ii) the amount of the loan (when 
                        combined with amounts available to the 
                        loan recipient from other sources) will 
                        be sufficient to carry out the project.
                  ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether 
                there is a reasonable prospect of repayment of 
                the principal and interest on a loan under 
                subparagraph (A)(i)(I) on a comprehensive 
                evaluation of whether the loan recipient has a 
                reasonable prospect of repaying the principal 
                and interest, including, as applicable, an 
                evaluation of--
                          ``(i) the strength of the contractual 
                        terms of the eligible project (if 
                        commercially reasonably available);
                          ``(ii) the forecast of noncontractual 
                        cash flows supported by market 
                        projections from reputable sources, as 
                        determined by the Secretary;
                          ``(iii) cash sweeps and other 
                        structure enhancements;
                          ``(iv) the projected financial 
                        strength of the loan recipient--
                                  ``(I) at the time of loan 
                                close; and
                                  ``(II) throughout the loan 
                                term after the project is 
                                completed;
                          ``(v) the financial strength of the 
                        investors and strategic partners of the 
                        loan recipient, if applicable; and
                          ``(vi) other financial metrics and 
                        analyses that are relied on by the 
                        private lending community and 
                        nationally recognized credit rating 
                        agencies, as determined appropriate by 
                        the Secretary.''; and
                  (B) in paragraph (4)--
                          (i) in subparagraph (C), by striking 
                        ``and'' after the semicolon;
                          (ii) in subparagraph (D), by striking 
                        the period at the end and inserting ``; 
                        and''; and
                          (iii) by adding at the end the 
                        following:
                  ``(E) shall be subject to the condition that 
                the loan is not subordinate to other 
                financing.''.
          (3) Additional reforms.--Section 136 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17013) 
        is amended--
                  (A) in subsection (b) by striking ``ultra 
                efficient vehicle manufacturers, and component 
                suppliers'' and inserting``ultra efficient 
                vehicle manufacturers, advanced technology 
                vehicle manufacturers, and component 
                suppliers'';
                  (B) in subsection (h)--
                          (i) in the subsection heading, by 
                        striking ``Automobile'' and inserting 
                        ``Advanced Technology Vehicle''; and
                          (ii) in paragraph (1)(B), by striking 
                        ``automobiles, or components of 
                        automobiles'' and inserting ``advanced 
                        technology vehicles, or components of 
                        advanced technology vehicles'';
                  (C) by striking subsection (i);
                  (D) by redesignating subsection (j) as 
                subsection (i); and
                  (E) by adding at the end the following:
  ``(j) Coordination.--In carrying out this section, the 
Secretary shall coordinate with relevant vehicle, bioenergy, 
and hydrogen and fuel cell demonstration project activities 
supported by the Department.
  ``(k) Outreach.--In carrying out this section, the Secretary 
shall--
          ``(1) provide assistance with the completion of 
        applications for awards or loans under this section; 
        and
          ``(2) conduct outreach, including through conferences 
        and online programs, to disseminate information on 
        awards and loans under this section to potential 
        applicants.
  ``(l) Prohibition on Use of Appropriated Funds.--Amounts 
appropriated to the Secretary before the date of enactment of 
this subsection shall not be available to the Secretary to 
provide awards under subsection (b) or loans under subsection 
(d) for the costs of activities that were not eligible for 
those awards or loans on the day before that date.
  ``(m) Report.--Not later than 2 years after the date of 
enactment of this subsection, and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of 
projects supported by a loan under this section, including--
          ``(1) a list of projects receiving a loan under this 
        section, including the loan amount and construction 
        status of each project;
          ``(2) the status of the loan repayment for each 
        project, including future repayment projections;
          ``(3) data regarding the number of direct and 
        indirect jobs retained, restored, or created by 
        financed projects;
          ``(4) the number of new projects projected to receive 
        a loan under this section in the next 2 years, 
        including the projected aggregate loan amount over the 
        next 2 years;
          ``(5) evaluation of ongoing compliance with the 
        assurances and commitments, and of the predictions, 
        made by applicants pursuant to paragraphs (2) and (3) 
        of subsection (d);
          ``(6) the total number of applications received by 
        the Department each year; and
          ``(7) any other metrics the Secretary determines 
        appropriate.''.
          (4) Conflicts of interest.--Section 136(d) of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 
        17013(d)) is amended by adding at the end the 
        following:
          ``(5) Conflicts of interest.--For each eligible 
        project selected to receive a loan under this 
        subsection, the Secretary shall certify that political 
        influence did not impact the selection of the eligible 
        project.''.
  (c) State Loan Eligibility.--
          (1) Definitions.--Section 1701 of the Energy Policy 
        Act of 2005 (42 U.S.C. 16511) is amended by adding at 
        the end the following:
          ``(6) State.--The term `State' has the meaning given 
        the term in section 202 of the Energy Conservation and 
        Production Act (42 U.S.C. 6802).
          ``(7) State energy financing institution.--
                  ``(A) In general.--The term `State energy 
                financing institution' means a quasi-
                independent entity or an entity within a State 
                agency or financing authority established by a 
                State--
                          ``(i) to provide financing support or 
                        credit enhancements, including loan 
                        guarantees and loan loss reserves, for 
                        eligible projects; and
                          ``(ii) to create liquid markets for 
                        eligible projects, including 
                        warehousing and securitization, or take 
                        other steps to reduce financial 
                        barriers to the deployment of existing 
                        and new eligible projects.
                  ``(B) Inclusion.--The term `State energy 
                financing institution' includes an entity or 
                organization established to achieve the 
                purposes described in clauses (i) and (ii) of 
                subparagraph (A) by an Indian Tribal entity or 
                an Alaska Native Corporation.''.
          (2) Terms and conditions.--Section 1702 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16512) is amended--
                  (A) in subsection (a), by inserting ``, 
                including projects receiving financial support 
                or credit enhancements from a State energy 
                financing institution,'' after ``for 
                projects'';
                  (B) in subsection (d)(1), by inserting ``, 
                including a guarantee for a project receiving 
                financial support or credit enhancements from a 
                State energy financing institution,'' after 
                ``No guarantee''; and
                  (C) by adding at the end the following:
  ``(r) State Energy Financing Institutions.--
          ``(1) Eligibility.--To be eligible for a guarantee 
        under this title, a project receiving financial support 
        or credit enhancements from a State energy financing 
        institution--
                  ``(A) shall meet the requirements of section 
                1703(a)(1); and
                  ``(B) shall not be required to meet the 
                requirements of section 1703(a)(2).
          ``(2) Partnerships authorized.--In carrying out a 
        project receiving a loan guarantee under this title, 
        State energy financing institutions may enter into 
        partnerships with private entities, Tribal entities, 
        and Alaska Native corporations.
          ``(3) Prohibition on use of appropriated funds.--
        Amounts appropriated to the Department of Energy before 
        the date of enactment of this subsection shall not be 
        available to be used for the cost of loan guarantees 
        for projects receiving financing support or credit 
        enhancements under this subsection.''.
  (d) Loan Guarantees for Certain Alaska Natural Gas 
Transportation Projects and Systems.--Section 116 of the Alaska 
Natural Gas Pipeline Act (15 U.S.C. 720n) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``to West 
                Coast States''; and
                  (B) in paragraph (3), in the second sentence, 
                by striking ``to the continental United 
                States'';
          (2) in subsection (b)(1), in the first sentence, by 
        striking ``to West Coast States''; and
          (3) in subsection (g)(4)--
                  (A) by inserting by striking ``plants 
                liquification plants and'' and inserting 
                ``plants, liquification plants, and'';
                  (B) by striking ``to the West Coast''; and
                  (C) by striking ``to the continental United 
                States''.

           *       *       *       *       *       *       *

                              ----------                              


                       ENERGY POLICY ACT OF 2005



           *       *       *       *       *       *       *
SEC. 1702. TERMS AND CONDITIONS.

  (a) In General.--Except for division C of Public Law 108-324, 
the Secretary shall make guarantees under this or any other Act 
for projects, including projects receiving financial support or 
credit enhancements from a State energy financing institution, 
on such terms and conditions as the Secretary determines, after 
consultation with the Secretary of the Treasury, only in 
accordance with this section.
  (b) Specific Appropriation or Contribution.--
          (1) In general.--Except as provided in paragraph (2), 
        the cost of a guarantee shall be paid by the Secretary 
        using an appropriation made for the cost of the 
        guarantee, subject to the availability of such an 
        appropriation.
          (2) Insufficient appropriations.--If sufficient 
        appropriated funds to pay the cost of a guarantee are 
        not available, then the guarantee shall not be made 
        unless--
                  (A) the Secretary has received from the 
                borrower a payment in full for the cost of the 
                guarantee and deposited the payment into the 
                Treasury; or
                  (B) a combination of one or more 
                appropriations and one or more payments from 
                the borrower under this subsection has been 
                made that is sufficient to cover the cost of 
                the guarantee.
  (c) Amount.--Unless otherwise provided by law, a guarantee by 
the Secretary shall not exceed an amount equal to 80 percent of 
the project cost of the facility that is the subject of the 
guarantee, as estimated at the time at which the guarantee is 
issued.
  (d) Repayment.--
          (1) Requirement.--
                  (A) In general.--No guarantee, including a 
                guarantee for a project receiving financial 
                support or credit enhancements from a State 
                energy financing institution, shall be made 
                unless the Secretary determines that there is 
                reasonable prospect of repayment of the 
                principal and interest on the obligation by the 
                borrower.
                  (B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether 
                there is reasonable prospect of repayment under 
                subparagraph (A) on a comprehensive evaluation 
                of whether the borrower has a reasonable 
                prospect of repaying the guaranteed obligation 
                for the eligible project, including, as 
                applicable, an evaluation of--
                          (i) the strength of the contractual 
                        terms of the eligible project (if 
                        commercially reasonably available);
                          (ii) the forecast of noncontractual 
                        cash flows supported by market 
                        projections from reputable sources, as 
                        determined by the Secretary;
                          (iii) cash sweeps and other structure 
                        enhancements;
                          (iv) the projected financial strength 
                        of the borrower--
                                  (I) at the time of loan 
                                close; and
                                  (II) throughout the loan term 
                                after the project is completed;
                          (v) the financial strength of the 
                        investors and strategic partners of the 
                        borrower, if applicable; and
                          (vi) other financial metrics and 
                        analyses that are relied on by the 
                        private lending community and 
                        nationally recognized credit rating 
                        agencies, as determined appropriate by 
                        the Secretary.
          (2) Amount.--No guarantee shall be made unless the 
        Secretary determines that the amount of the obligation 
        (when combined with amounts available to the borrower 
        from other sources) will be sufficient to carry out the 
        project.
          (3) Subordination.--The obligation shall be subject 
        to the condition that the obligation, including any 
        reorganization, restructuring, or termination thereof, 
        shall not at any time be subordinate to other 
        financing.
  (e) Interest Rate.--An obligation shall bear interest at a 
rate that does not exceed a level that the Secretary determines 
appropriate, taking into account the prevailing rate of 
interest in the private sector for similar loans and risks.
  (f) Term.--The term of an obligation shall require full 
repayment over a period not to exceed the lesser of--
          (1) 30 years; or
          (2) 90 percent of the projected useful life of the 
        physical asset to be financed by the obligation (as 
        determined by the Secretary).
  (g) Defaults.--
          (1) Payment by secretary.--
                  (A) In general.--If a borrower defaults on 
                the obligation (as defined in regulations 
                promulgated by the Secretary and specified in 
                the guarantee contract), the holder of the 
                guarantee shall have the right to demand 
                payment of the unpaid amount from the 
                Secretary.
                  (B) Payment required.--Within such period as 
                may be specified in the guarantee or related 
                agreements, the Secretary shall pay to the 
                holder of the guarantee the unpaid interest on, 
                and unpaid principal of the obligation as to 
                which the borrower has defaulted, unless the 
                Secretary finds that there was no default by 
                the borrower in the payment of interest or 
                principal or that the default has been 
                remedied.
                  (C) Forbearance.--Nothing in this subsection 
                precludes any forbearance by the holder of the 
                obligation for the benefit of the borrower 
                which may be agreed upon by the parties to the 
                obligation and approved by the Secretary.
          (2) Subrogation.--
                  (A) In general.--If the Secretary makes a 
                payment under paragraph (1), the Secretary 
                shall be subrogated to the rights of the 
                recipient of the payment as specified in the 
                guarantee or related agreements including, 
                where appropriate, the authority 
                (notwithstanding any other provision of law) 
                to--
                          (i) complete, maintain, operate, 
                        lease, or otherwise dispose of any 
                        property acquired pursuant to such 
                        guarantee or related agreements; or
                          (ii) permit the borrower, pursuant to 
                        an agreement with the Secretary, to 
                        continue to pursue the purposes of the 
                        project if the Secretary determines 
                        this to be in the public interest.
                  (B) Superiority of rights.--The rights of the 
                Secretary, with respect to any property 
                acquired pursuant to a guarantee or related 
                agreements, shall be superior to the rights of 
                any other person with respect to the property.
                  (C) Terms and conditions.--A guarantee 
                agreement shall include such detailed terms and 
                conditions as the Secretary determines 
                appropriate to--
                          (i) protect the interests of the 
                        United States in the case of default; 
                        and
                          (ii) have available all the patents 
                        and technology necessary for any person 
                        selected, including the Secretary, to 
                        complete and operate the project.
          (3) Payment of principal and interest by secretary.--
        With respect to any obligation guaranteed under this 
        section, the Secretary may enter into a contract to 
        pay, and pay, holders of the obligation, for and on 
        behalf of the borrower, from funds appropriated for 
        that purpose, the principal and interest payments which 
        become due and payable on the unpaid balance of the 
        obligation if the Secretary finds that--
                  (A)(i) the borrower is unable to meet the 
                payments and is not in default;
                  (ii) it is in the public interest to permit 
                the borrower to continue to pursue the purposes 
                of the project; and
                  (iii) the probable net benefit to the Federal 
                Government in paying the principal and interest 
                will be greater than that which would result in 
                the event of a default;
                  (B) the amount of the payment that the 
                Secretary is authorized to pay shall be no 
                greater than the amount of principal and 
                interest that the borrower is obligated to pay 
                under the agreement being guaranteed; and
                  (C) the borrower agrees to reimburse the 
                Secretary for the payment (including interest) 
                on terms and conditions that are satisfactory 
                to the Secretary.
          (4) Action by attorney general.--
                  (A) Notification.--If the borrower defaults 
                on an obligation, the Secretary shall notify 
                the Attorney General of the default.
                  (B) Recovery.--On notification, the Attorney 
                General shall take such action as is 
                appropriate to recover the unpaid principal and 
                interest due from--
                          (i) such assets of the defaulting 
                        borrower as are associated with the 
                        obligation; or
                          (ii) any other security pledged to 
                        secure the obligation.
  (h) Fees.--
          (1) In general.--The Secretary shall charge, and 
        collect on or after the date of the financial close of 
        an obligation, a fee for a guarantee in an amount that 
        the Secretary determines is sufficient to cover 
        applicable administrative expenses (including any costs 
        associated with third-party consultants engaged by the 
        Secretary).
          (2) Availability.--Fees collected under this 
        subsection shall--
                  (A) be deposited by the Secretary into the 
                Treasury; and
                  (B) remain available until expended, subject 
                to such other conditions as are contained in 
                annual appropriations Acts.
          (3) Reduction in fee amount.--Notwithstanding 
        paragraph (1) and subject to the availability of 
        appropriations, the Secretary may reduce the amount of 
        a fee for a guarantee under this subsection.
  (i) Records; Audits.--
          (1) In general.--A recipient of a guarantee shall 
        keep such records and other pertinent documents as the 
        Secretary shall prescribe by regulation, including such 
        records as the Secretary may require to facilitate an 
        effective audit.
          (2) Access.--The Secretary and the Comptroller 
        General of the United States, or their duly authorized 
        representatives, shall have access, for the purpose of 
        audit, to the records and other pertinent documents.
  (j) Full Faith and Credit.--The full faith and credit of the 
United States is pledged to the payment of all guarantees 
issued under this section with respect to principal and 
interest.
  (k) Wage Rate Requirements.--All laborers and mechanics 
employed by contractors and subcontractors in the performance 
of construction work financed in whole or in part by a loan 
guaranteed under this title shall be paid wages at rates not 
less than those prevailing on projects of a character similar 
in the locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 40, United 
States Code. With respect to the labor standards in this 
subsection, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code.
  (l) Restructuring of Loan Guarantees.--The Secretary shall 
consult with the Secretary of the Treasury regarding any 
restructuring of the terms or conditions of a guarantee issued 
pursuant to this title, including with respect to any 
deviations from the financial terms of the guarantee.
  (m) Written Analysis.--
          (1) Requirement.--The Secretary may not make a 
        guarantee under this title until the Secretary of the 
        Treasury has transmitted to the Secretary, and the 
        Secretary has taken into consideration, a written 
        analysis of the financial terms and conditions of the 
        proposed guarantee.
          (2) Transmission.--Not later than 30 days after 
        receiving information on a proposed guarantee from the 
        Secretary, the Secretary of the Treasury shall transmit 
        the written analysis of the financial terms and 
        conditions of the proposed guarantee required under 
        paragraph (1) to the Secretary.
          (3) Explanation.--If the Secretary makes a guarantee 
        the financial terms and conditions of which are not 
        consistent with the written analysis required under 
        this subsection, not later than 30 days after making 
        such guarantee, the Secretary shall submit to the 
        Committee on Energy and Commerce and the Committee on 
        Science, Space, and Technology of the House of 
        Representatives, and the Committee on Energy and 
        Natural Resources of the Senate, a written explanation 
        of any material inconsistencies.
  (n) Application Status.--
          (1) Request.--If the Secretary does not make a final 
        decision on an application for a guarantee under this 
        title by the date that is 180 days after receipt of the 
        application by the Secretary, the applicant may 
        request, on or after that date and not more than once 
        every 60 days thereafter until a final decision is 
        made, that the Secretary provide to the applicant a 
        response described in paragraph (2).
          (2) Response.--Not later than 10 days after receiving 
        a request from an applicant under paragraph (1), the 
        Secretary shall provide to the applicant a response 
        that includes--
                  (A) a description of the current status of 
                review of the application;
                  (B) a summary of any factors that are 
                delaying a final decision on the application, a 
                list of what items are required in order to 
                reach a final decision, citations to 
                authorities stating the reasons why such items 
                are required, and a list of actions the 
                applicant can take to expedite the process; and
                  (C) an estimate of when a final decision on 
                the application will be made.
  (o) Outreach.--In carrying out this title, the Secretary 
shall--
          (1) provide assistance with the completion of 
        applications for a guarantee under this title;
          (2) conduct outreach, including through conferences 
        and online programs, to disseminate information to 
        potential applicants;
          (3) conduct outreach to encourage participation of 
        supporting finance institutions and private lenders in 
        eligible projects.
  (p) Coordination.--In carrying out this title, the Secretary 
shall coordinate activities under this title with activities of 
other relevant offices with the Department.
  (q) Report.--Not later than 2 years after the date of the 
enactment of this subsection and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of 
applications for, and projects receiving, guarantees under this 
title, including--
          (1) a list of such projects, including the guarantee 
        amount, construction status, and financing partners of 
        each such project;
          (2) the status of each such project's loan repayment, 
        including interest paid and future repayment 
        projections;
          (3) an estimate of the air pollutant or greenhouse 
        gas emissions avoided or reduced from each such 
        project;
          (4) data regarding the number of direct and indirect 
        jobs retained, restored, or created by such projects;
          (5) identification of--
                  (A) technologies deployed by projects that 
                have received guarantees that have subsequently 
                been deployed commercially without guarantees; 
                and
                  (B) novel technologies that have been 
                deployed by such projects and deployed in the 
                commercial energy market;
          (6) the number of new projects projected to receive a 
        guarantee under this title during the next 2 years and 
        the aggregate guarantee amount;
          (7) the number of outreach engagements conducted with 
        potential applicants;
          (8) the number of applications received and currently 
        pending for each open solicitation; and
          (9) any other metrics the Secretary finds 
        appropriate.
  (r) Conflicts of interest.--For each project selected for a 
guarantee under this title, the Secretary shall certify that 
political influence did not impact the selection of the 
project.
  (r) State Energy Financing Institutions.--
          (1) Eligibility.--To be eligible for a guarantee 
        under this title, a project receiving financial support 
        or credit enhancements from a State energy financing 
        institution--
                  (A) shall meet the requirements of section 
                1703(a)(1); and
                  (B) shall not be required to meet the 
                requirements of section 1703(a)(2).
          (2) Partnerships authorized.--In carrying out a 
        project receiving a loan guarantee under this title, 
        State energy financing institutions may enter into 
        partnerships with private entities, Tribal entities, 
        and Alaska Native corporations.
          [(3) Prohibition on use of appropriated funds.--
        Amounts appropriated to the Department of Energy before 
        the date of enactment of this subsection shall not be 
        available to be used for the cost of loan guarantees 
        for projects receiving financing support or credit 
        enhancements under this subsection.]

           *       *       *       *       *       *       *

                              ----------                              


              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007



           *       *       *       *       *       *       *
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY

           *       *       *       *       *       *       *


Subtitle B--Improved Vehicle Technology

           *       *       *       *       *       *       *


SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

  (a) Definitions.--In this section:
          (1) Advanced technology vehicle.--The term ``advanced 
        technology vehicle'' means--
                  (A) an ultra efficient vehicle or a light 
                duty vehicle that meets
                          (i) the Bin 5 Tier II emission 
                        standard established in regulations 
                        issued by the Administrator of the 
                        Environmental Protection Agency under 
                        section 202(i) of the Clean Air Act (42 
                        U.S.C. 7521(i)), or a lower-numbered 
                        Bin emission standard;
                          (ii) any new emission standard in 
                        effect for fine particulate matter 
                        prescribed by the Administrator under 
                        that Act (42 U.S.C. 7401 et seq.); and
                          (iii) at least 125 percent of the 
                        average base year combined fuel economy 
                        for vehicles with substantially similar 
                        attributes;
                  (B) a medium duty vehicle or a heavy duty 
                vehicle that exceeds 125 percent of the 
                greenhouse gas emissions and fuel efficiency 
                standards established by the final rule of the 
                Environmental Protection Agency entitled 
                ``Greenhouse Gas Emissions and Fuel Efficiency 
                Standards for Medium- and Heavy-Duty Engines 
                and Vehicles--Phase 2'' (81 Fed. Reg. 73478 
                (October 25, 2016));
                  (C) a train or locomotive;
                  (D) a maritime vessel;
                  (E) an aircraft; and
                  (F) hyperloop technology.
          (2) Combined fuel economy.--The term ``combined fuel 
        economy'' means--
                  (A) the combined city/highway miles per 
                gallon values, as reported in accordance with 
                section 32904 of title 49, United States Code; 
                and
                  (B) in the case of an electric drive vehicle 
                with the ability to recharge from an off-board 
                source, the reported mileage, as determined in 
                a manner consistent with the Society of 
                Automotive Engineers recommended practice for 
                that configuration or a similar practice 
                recommended by the Secretary.
          (3) Engineering integration costs.--The term 
        ``engineering integration costs'' includes the cost of 
        engineering tasks relating to--
                  (A) incorporating qualifying components into 
                the design of advanced technology vehicles; and
                  (B) designing tooling and equipment and 
                developing manufacturing processes and material 
                suppliers for production facilities that 
                produce qualifying components or advanced 
                technology vehicles.
          (4) Qualifying components.--The term ``qualifying 
        components'' means components that the Secretary 
        determines to be--
                  (A) designed for advanced technology 
                vehicles; and
                  (B) installed for the purpose of meeting the 
                performance requirements of advanced technology 
                vehicles.
          (5) Ultra efficient vehicle.--The term ``ultra 
        efficient vehicle'' means a fully closed compartment 
        vehicle designed to carry at least 2 adult passengers 
        that achieves--
                  (A) at least 75 miles per gallon while 
                operating on gasoline or diesel fuel;
                  (B) at least 75 miles per gallon equivalent 
                while operating as a hybrid electric-gasoline 
                or electric-diesel vehicle; or
                  (C) at least 75 miles per gallon equivalent 
                while operating as a fully electric vehicle.
  (b) Advanced Vehicles Manufacturing Facility.--The Secretary 
shall provide facility funding awards under this section to 
automobile manufacturers, ultra efficient vehicle 
manufacturers, advanced technology vehicle manufacturers, and 
component suppliers to pay not more than 30 percent of the cost 
of--
          (1) reequipping, expanding, or establishing a 
        manufacturing facility in the United States to 
        produce--
                  (A) qualifying advanced technology vehicles;
                  (B) qualifying components; or
                  (C) ultra efficient vehicles; and
          (2) engineering integration performed in the United 
        States of qualifying vehicles, ultra efficient 
        vehicles, and qualifying components.
  (c) Period of Availability.--An award under subsection (b) 
shall apply to--
          (1) facilities and equipment placed in service before 
        December 30, 2020; and
          (2) engineering integration costs incurred during the 
        period beginning on the date of enactment of this Act 
        and ending on December 30, 2020.
  (d) Direct Loan Program.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, and subject to the 
        availability of appropriated funds, the Secretary shall 
        carry out a program to provide a total of not more than 
        $25,000,000,000 in loans to eligible individuals and 
        entities (as determined by the Secretary) for the costs 
        of activities described in subsection (b). The loans 
        shall be made through the Federal Financing Bank, with 
        the full faith and credit of the United States 
        Government on the principal and interest. The full 
        credit subsidy shall be paid by the Secretary using 
        appropriated funds.
          (2) Application.--An applicant for a loan under this 
        subsection shall submit to the Secretary an application 
        at such time, in such manner, and containing such 
        information as the Secretary may require, including a 
        written assurance that--
                  (A) all laborers and mechanics employed by 
                contractors or subcontractors during 
                construction, alteration, or repair that is 
                financed, in whole or in part, by a loan under 
                this section shall be paid wages at rates not 
                less than those prevailing on similar 
                construction in the locality, as determined by 
                the Secretary of Labor in accordance with 
                sections 3141-3144, 3146, and 3147 of title 40, 
                United States Code; and
                  (B) the Secretary of Labor shall, with 
                respect to the labor standards described in 
                this paragraph, have the authority and 
                functions set forth in Reorganization Plan 
                Numbered 14 of 1950 (5 U.S.C. App.) and section 
                3145 of title 40, United States Code.
          (3) Selection of eligible projects.--
                  (A) In general.--The Secretary shall select 
                eligible projects to receive loans under this 
                subsection if the Secretary determines that--
                          (i) the loan recipient--
                                  (I) has a reasonable prospect 
                                of repaying the principal and 
                                interest on the loan;
                                  (II) will provide sufficient 
                                information to the Secretary 
                                for the Secretary to ensure 
                                that the qualified investment 
                                is expended efficiently and 
                                effectively; and
                                  (III) has met such other 
                                criteria as may be established 
                                and published by the Secretary; 
                                and
                          (ii) the amount of the loan (when 
                        combined with amounts available to the 
                        loan recipient from other sources) will 
                        be sufficient to carry out the project.
                  (B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether 
                there is a reasonable prospect of repayment of 
                the principal and interest on a loan under 
                subparagraph (A)(i)(I) on a comprehensive 
                evaluation of whether the loan recipient has a 
                reasonable prospect of repaying the principal 
                and interest, including, as applicable, an 
                evaluation of--
                          (i) the strength of the contractual 
                        terms of the eligible project (if 
                        commercially reasonably available);
                          (ii) the forecast of noncontractual 
                        cash flows supported by market 
                        projections from reputable sources, as 
                        determined by the Secretary;
                          (iii) cash sweeps and other structure 
                        enhancements;
                          (iv) the projected financial strength 
                        of the loan recipient--
                                  (I) at the time of loan 
                                close; and
                                  (II) throughout the loan term 
                                after the project is completed;
                          (v) the financial strength of the 
                        investors and strategic partners of the 
                        loan recipient, if applicable; and
                          (vi) other financial metrics and 
                        analyses that are relied on by the 
                        private lending community and 
                        nationally recognized credit rating 
                        agencies, as determined appropriate by 
                        the Secretary.
          (4) Rates, terms, and repayment of loans.--A loan 
        provided under this subsection--
                  (A) shall have an interest rate that, as of 
                the date on which the loan is made, is equal to 
                the cost of funds to the Department of the 
                Treasury for obligations of comparable 
                maturity;
                  (B) shall have a term equal to the lesser 
                of--
                          (i) the projected life, in years, of 
                        the eligible project to be carried out 
                        using funds from the loan, as 
                        determined by the Secretary; and
                          (ii) 25 years;
                  (C) may be subject to a deferral in repayment 
                for not more than 5 years after the date on 
                which the eligible project carried out using 
                funds from the loan first begins operations, as 
                determined by the Secretary;
                  (D) shall be made by the Federal Financing 
                Bank; and
                  (E) shall be subject to the condition that 
                the loan is not subordinate to other financing.
          (5) Conflicts of interest.--For each eligible project 
        selected to receive a loan under this subsection, the 
        Secretary shall certify that political influence did 
        not impact the selection of the eligible project.
  (e) Improvement.--Not later than 60 days after the enactment 
of the Continuing Appropriations Resolution, 2009, the 
Secretary shall promulgate an interim final rule establishing 
regulations that the Secretary deems necessary to administer 
this section and any loans made by the Secretary pursuant to 
this section. Such interim final rule shall require that, in 
order for an automobile manufacturer to be eligible for an 
award or loan under this section during a particular year, the 
adjusted average fuel economy of the manufacturer for light 
duty vehicles produced by the manufacturer during the most 
recent year for which data are available shall be not less than 
the average fuel economy for all light duty vehicles of the 
manufacturer for model year 2005. In order to determine fuel 
economy baselines for eligibility of a new manufacturer or a 
manufacturer that has not produced previously produced 
equivalent vehicles, the Secretary may substitute industry 
averages.
  (f) Fees.--Administrative costs shall be no more than 
$100,000 or 10 basis point of the loan.
  (g) Priority.--The Secretary shall, in making awards or loans 
to those manufacturers that have existing facilities, give 
priority to those facilities that are oldest or have been in 
existence for at least 20 years or are utilized primarily for 
the manufacture of ultra efficient vehicles. Such facilities 
can currently be sitting idle.
  (h) Set Aside for Small Advanced Technology Vehicle 
Manufacturers and Component Suppliers.--
          (1) Definition of covered firm.--In this subsection, 
        the term ``covered firm'' means a firm that--
                  (A) employs less than 500 individuals; and
                  (B) manufactures ultra efficient vehicles, 
                advanced technology vehicles, or components of 
                advanced technology vehicles.
          (2) Set aside.--Of the amount of funds that are used 
        to provide awards for each fiscal year under subsection 
        (b), the Secretary shall use not less than 10 percent 
        to provide awards to covered firms or consortia led by 
        a covered firm.
  (i) Appointment and Pay of Personnel.--(1) The Secretary may 
use direct hiring authority pursuant to section 3304(a)(3) of 
title 5, United States Code, to appoint such professional and 
administrative personnel as the Secretary deems necessary to 
the discharge of the Secretary's functions under this section.
  (2) The rate of pay for a person appointed pursuant to 
paragraph (1) shall not exceed the maximum rate payable for GS-
15 of the General Schedule under chapter 53 such title 5.
  (3) The Secretary may retain such consultants as the 
Secretary deems necessary to the discharge of the functions 
required by this section, pursuant to section 31 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 427).
  (j) Coordination.--In carrying out this section, the 
Secretary shall coordinate with relevant vehicle, bioenergy, 
and hydrogen and fuel cell demonstration project activities 
supported by the Department.
  (k) Outreach.--In carrying out this section, the Secretary 
shall--
          (1) provide assistance with the completion of 
        applications for awards or loans under this section; 
        and
          (2) conduct outreach, including through conferences 
        and online programs, to disseminate information on 
        awards and loans under this section to potential 
        applicants.
  [(l) Prohibition on Use of Appropriated Funds.--Amounts 
appropriated to the Secretary before the date of enactment of 
this subsection shall not be available to the Secretary to 
provide awards under subsection (b) or loans under subsection 
(d) for the costs of activities that were not eligible for 
those awards or loans on the day before that date. ]
  (m) Report.--Not later than 2 years after the date of 
enactment of this subsection, and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of 
projects supported by a loan under this section, including--
          (1) a list of projects receiving a loan under this 
        section, including the loan amount and construction 
        status of each project;
          (2) the status of the loan repayment for each 
        project, including future repayment projections;
          (3) data regarding the number of direct and indirect 
        jobs retained, restored, or created by financed 
        projects;
          (4) the number of new projects projected to receive a 
        loan under this section in the next 2 years, including 
        the projected aggregate loan amount over the next 2 
        years;
          (5) evaluation of ongoing compliance with the 
        assurances and commitments, and of the predictions, 
        made by applicants pursuant to paragraphs (2) and (3) 
        of subsection (d);
          (6) the total number of applications received by the 
        Department each year; and
          (7) any other metrics the Secretary determines 
        appropriate.

           *       *       *       *       *       *       *


                  Appropriations Not Authorized by Law

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

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                              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: Title 17 Innovative Technology        $150,000,000
 Loan Guarantee Program..............................
------------------------------------------------------------------------

     BUDGETARY IMPACT OF THE FY 2023 ENERGY AND WATER DEVELOPMENT 
  APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL 
 BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET 
                              ACT OF 1974

                        [In millions of dollars]


                   COMPARISON WITH BUDGET RESOLUTION

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(1)(A) of the 
Congressional Budget Act of 1974, the following table compares 
the levels of new budget authority provided in the bill with 
the appropriate allocation under section 302(b) of the Budget 
Act.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                         302(b) Allocation                   This Bill
                                                 ---------------------------------------------------------------
                                                      Budget                          Budget
                                                     Authority        Outlays        Authority        Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
 allocations to its subcommittees: Subcommittee
 on Energy and Water Development, and Related
 Agencies
    Discretionary...............................          56,275          59,500          56,275       \1\59,460
    Mandatory...................................               0               0               0            \1\0
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE.--The amounts in this report do not include $16,039 million in discretionary budget authority and $919
  million in associated outlays from amounts becoming available in fiscal year 2023 that were previously
  designated as being for an emergency requirement pursuant to a concurrent resolution on the budget. Consistent
  with the Congressional Budget Act of 1974, in the House of Representatives such amounts do not count against
  the Committee's allocation.
In addition, the amounts in this report do not include $2,374 million in discretionary budget authority and
  $2,372 million in associated outlays in amounts appropriated to the Army Corps of Engineers that are either
  derived from the Harbor Maintenance Trust Fund or provided to carry out section 2106 of the Water Resources
  Development Act of 2014 (33 U.S.C. 2238c). Pursuant to section 14003 of the CARES Act (Public Law 116-136),
  such funding does not count for the purposes of the Congressional Budget Act of 1974 or the Balanced Budget
  and Emergency Deficit Control Act of 1985.

                      FIVE-YEAR OUTLAY PROJECTIONS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(B) of the Congressional Budget Act of 1974, the 
following table contains five-year projections associated with 
the budget authority provided in the accompanying bill as 
provided to the Committee by the Congressional Budget Office.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                       Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays with the recommendation:
    2023....................................................  ...........  ...........  ...........    \1\29,196
    2024....................................................  ...........  ...........  ...........       18,414
    2025....................................................  ...........  ...........  ...........        7,334
    2026....................................................  ...........  ...........  ...........        2,146
    2027 and future years...................................  ...........  ...........  ...........        2,660
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.

          FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(C) of the Congressional Budget Act of 1974, 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                 257             \1\243
 local governments for 2023.......
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.

                           Committee Hearings

    For the purposes of cl. 3(c)(6) of rule XIII--
    The following hearings were used to develop or consider the 
Energy and Water Development and Related Agencies 
Appropriations Act, 2023:
          The Subcommittee on Energy and Water Development and 
        Related Agencies held a budget hearing on April 27, 
        2022, entitled ``FY 2023 Budget Request for the U.S. 
        Army Corps of Engineers and Bureau of Reclamation.'' 
        The Subcommittee received testimony from:
          The Honorable Tanya Trujillo, Assistant Secretary for 
        Water and Science, Department of the Interior
          The Honorable Michael L. Connor, Assistant Secretary 
        of the Army for Civil Works Lieutenant General Scott A. 
        Spellmon, Chief of Engineers and Commanding General, 
        U.S. Army Corps of Engineers
          Mr. David Palumbo, Deputy Commissioner of Operations, 
        Bureau of Reclamation
          The Subcommittee on Energy and Water Development and 
        Related Agencies held a budget hearing on April 28, 
        2022, entitled ``FY 2023 Budget Request for the 
        Department of Energy.'' The Subcommittee received 
        testimony from:
          The Honorable Jennifer M. Granholm, Secretary, U.S. 
        Department of Energy
          The Subcommittee on Energy and Water Development and 
        Related Agencies held a budget hearing on May 11, 2022, 
        entitled ``FY23 Budget: National Nuclear Security 
        Administration and Environmental Management.'' The 
        Subcommittee received testimony from:
          The Honorable Dr. Marvin Adams, Deputy Administrator 
        for Defense Programs, National Nuclear Security 
        Administration, U.S. Department of Energy
          The Honorable Corey Hinderstein, Deputy Administrator 
        for Defense Nuclear Nonproliferation, National Nuclear 
        Security Administration, U.S. Department of Energy
          Admiral James ``Frank'' Caldwell Jr., Deputy 
        Administrator for Naval Reactors, National Nuclear 
        Security Administration, U.S. Department of Energy
          Mr. William ``Ike'' White, Senior Advisor, Office of 
        Environmental Management, U.S. Department of Energy
          The Subcommittee on Energy and Water Development and 
        Related Agencies held a Member Day Hearing on May 25, 
        2022. The Subcommittee received testimony from:
          The Honorable Rick Allen, Member of Congress
          The Honorable Jack Bergman, Member of Congress
          The Honorable Sean Casten, Member of Congress
          The Honorable Michael Cloud, Member of Congress
          The Honorable Steve Cohen, Member of Congress
          The Honorable Rick Crawford, Member of Congress
          The Honorable Veronica Escobar, Member of Congress
          The Honorable Brian Mast, Member of Congress
          The Honorable Frank Mrvan, Member of Congress
          The Honorable Katie Porter, Member of Congress
          The Honorable Pete Sessions, Member of Congress
          The Honorable Melanie Stansbury, Member of Congress
          The Honorable Greg Stanton, Member of Congress
          The Honorable Dina Titus, Member of Congress
          The Honorable Jefferson Van Drew, Member of Congress
          The Honorable Randy Weber, Member of Congress
          The Subcommittee on Energy and Water Development and 
        Related Agencies received written testimony from public 
        witnesses. The Subcommittee received testimony from:
          Adel Hagekhalil, General Manager, The Metropolitan 
        Water District of Southern California
          Alexander Ratner, Federal Policy Manager, American 
        Council for an Energy-Efficient Economy
          Allen Segal, Chief Advocacy Officer, American Society 
        for Microbiology
          Anne Gelb, Vice President for Science Policy, Society 
        for Industrial and Applied Mathematics
          April Snell, Executive Director, Oregon Water 
        Resources Congress
          Ashleigh Weeks, General Manager, Assiniboine and 
        Sioux Rural Water Supply System
          Bill Hasencamp, Chair, Colorado River Basin Salinity 
        Control Forum
          Carrie L. Billy, President and CEO, American Indian 
        Higher Education Consortium
          Casey Mitchell, Chairman, Columbia River Inter-Tribal 
        Fish Commission
          Chad Berginnis, Executive Director, Association of 
        State Floodplain Managers
          Christopher S. Harris, Executive Director, Colorado 
        River Board of California
          Craig Piercy, Executive Director and CEO, American 
        Nuclear Society
          Crispin Taylor, CEO, American Society of Plant 
        Biologists
          Dan Powers, Executive Director, Society for Science 
        at User Research Facilities
          Dane Farrell, Director, Government Affairs, Federal 
        Performance Contracting Coalition
          Dante Desiderio, CEO, National Congress of American 
        Indians
          David Bradley, CEO, National Community Action 
        Foundation
          David Terry, Executive Director, National Association 
        of State Energy Officials
          Ellen Kuo, Associate Director, Legislative Affairs, 
        Federation of American Societies for Experimental 
        Biology
          Genevieve Cullen, President, Electric Drive 
        Transportation Association
          H. Davis Whitehead, Jr., President, Coalition of Oak 
        Ridge Retired Employees, Inc.
          James D. Ogsbury, Executive Director, Western 
        Governors' Association
          Jeannette M. Wierzbicki, Executive Director, Ohio 
        Mid-Eastern Governments Association
          Jimmy Hague, Senior Water Policy Advisor, The Nature 
        Conservancy
          Katrina McMurrian, Executive Director, Nuclear Waste 
        Strategy Coalition
          Kumi Premathilake, Senior Vice President, Division 
        Vice President, AMI and Services at Hubbell Utility 
        Solutions
          Larry Zarker, CEO, Building Performance Institute
          Lisa Jacobson, President, Business Council for 
        Sustainable Energy
          Malcolm Woolf, President and CEO, National Hydropower 
        Association
          Maria Korsnick, President and CEO, Nuclear Energy 
        Institute
          Michael Bindner, Principal Investigator, The Center 
        for Fiscal Equity
          Mike Hamman, P.E., New Mexico State Engineer, State 
        of New Mexico
          Phillip M. DeLaine Jr., President, United Barrier 
        Technologies, Inc.
          Robert Johnson, Senior Vice President, Hannon 
        Armstrong
          Robin LeBaron, Co-Founder and President, Pearl 
        Certification
          Ron Blacksmith, Core System Manager, Oglala Sioux 
        Rural Water Supply System
          Salvatore A. DellaVilla, Jr., Managing Director, Gas 
        Turbine Association
          Shannon Angielski, Executive Director, Carbon 
        Utilization Research Council & President, Clean 
        Hydrogen Future Coalition
          Stephen Cowell, President, E4TheFuture
          Steve Skodak, CEO, Building Performance Association
          Susanne Brenner, President, Society for Industrial 
        and Applied Mathematics
          Suzanne Weekes, Executive Director, Society for 
        Industrial and Applied Mathematics
          Theodore C. Cooke, General Manager, Central Arizona 
        Water Conservation District
          Victoria Kitcheyan, Chairwoman, Winnebago Tribe of 
        Nebraska
          Vincent Barnes, Senior Vice President Policy, 
        Research, and Analysis, Alliance to Save Energy
        
        	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
        
                             MINORITY VIEWS

    We appreciate the collegial manner in which the Majority 
worked to address issues important to Members on both sides of 
the aisle in the Energy and Water Development and Related 
Agencies Appropriations Bill, 2023, and accompanying report. 
Due to concerns about spending levels and the allocation of 
funding between defense and non-defense programs, we are unable 
to support the bill as written.
    The bill is based on a topline funding level that passed 
the House without Republican support. The Majority has 
described their funding level as providing ``significant 
increases to help fight inflation.'' Unfortunately, we cannot 
spend our way out of the highest inflation levels in 40 years. 
Prominent economists have pointed to excessive federal spending 
as a key cause of inflation, not the solution. We need to be 
more judicious in our federal spending decisions.
    Like the President's budget request, the Energy and Water 
bill overfunds certain non-defense programs and shortchanges 
our national security needs. For example, the budget request 
for Weapons Activities and Naval Reactors is insufficient to 
address current global threats. Yet despite longstanding, 
bipartisan congressional support for modernizing the nuclear 
weapons complex, the Majority's bill cuts some of these 
programs below the budget request and below last year, and it 
omits other programs completely. To highlight these concerns, 
Congressman Fleischmann offered an amendment to increase 
funding for the Uranium Processing Facility within the Weapons 
Activities program.
    To try to bring Americans some relief from inflation, 
especially skyrocketing energy prices, Congressmen Womack and 
Reschenthaler offered amendments to spur domestic production of 
oil and natural gas. Although both amendments received 
bipartisan support, the Majority continued its campaign to 
eliminate fossil fuel use by blocking these common-sense 
improvements to the bill.
     Another amendment with bipartisan support, offered by 
Ranking Member Simpson, attempted to avoid wasteful federal 
spending and regulatory uncertainty for our nation's farmers, 
ranchers, small businesses, and other regulated entities. 
Specifically, it would have paused the Administration's efforts 
to redefine ``waters of the United States'' (WOTUS) under the 
Clean Water Act until the Supreme Court issues its decision in 
a pending case (Sackett v. EPA). While we recognize there are 
significant disagreements over this definition, we had hoped 
the Majority would agree that taxpayer dollars should not be 
wasted on a regulatory process that will need to be repeated 
once the Supreme Court decision has been issued.
    We welcome the bill's significant funding for our nation's 
water resources infrastructure. Almost every Congressional 
district benefits in some way from the important work of the 
U.S. Army Corps of Engineers and Bureau of Reclamation. These 
agencies are responsible for projects that protect the public 
from floods and hurricanes, generate and sustain millions of 
jobs related to ports and waterways, and provide significant 
sources of drinking water and irrigation water for our 
communities, farmers, and ranchers.
    Committee Republicans made several efforts to improve water 
supply reliability, which is greatly needed given serious 
drought conditions currently facing much of the western United 
States. Unfortunately, the Majority rejected four separate 
opportunities to address these needs, including amendments 
offered by Congressman Valadao to ensure use of the best 
available science for operations of the Central Valley Project 
and the State Water Project in California.
    Despite our disagreements over these issues, we appreciate 
the Majority's willingness to address Member priorities in the 
bill and report. The Subcommittee has a longstanding tradition 
of bipartisanship, and we will continue to work in good faith 
with our colleagues as we proceed through the appropriations 
process. By working together, we can best address the needs of 
the Nation.

                                   Kay Granger.
                                   Michael K. Simpson.

                                  [all]