[House Report 117-98]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-98
======================================================================
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL,
2022
_______
July 20, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Kaptur, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4549]
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, 2022, and for other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Introduction............................................... .... 6
I. Department of Defense--Civil:
Corps of Engineers--Civil.......................... 2 11
Investigations............................. 2 18
Construction............................... 3 30
Mississippi River and Tributaries.......... 4 40
Operation and Maintenance.................. 4 43
Regulatory Program......................... 6 71
Formerly Utilized Sites Remedial Action
Program................................ 6 72
Flood Control and Coastal Emergencies...... 6 72
Expenses................................... 6 73
Office of the Assistant Secretary of the
Army (Civil Works)..................... 7 74
Water Infrastructure Finance and Innovation
Program................................ 8 74
General Provisions................................. 11 75
II. Department of the Interior:
Central Utah Project............................... 17 76
Central Utah Project Completion Account.... 17 76
Bureau of Reclamation:
Water and Related Resources................ 18 77
Central Valley Project Restoration Fund.... 19 91
California Bay-Delta Restoration........... 20 92
Policy and Administration.................. 21 92
General Provisions................................. 21 93
III. Department of Energy:
Introduction....................................... .... 93
Committee Recommendations.......................... .... 93
Energy Programs:
Energy Efficiency and Renewable Energy..... 26 106
Cybersecurity, Energy Security, and
Emergency Response..................... 27 127
Electricity................................ 27 129
Nuclear Energy............................. 28 131
Fossil Energy Research and Development..... 28 135
Naval Petroleum and Oil Shale Reserves..... 29 141
Strategic Petroleum Reserve................ 29 142
SPR Petroleum Account...................... 29 142
Northeast Home Heating Oil Reserve......... 30 143
Energy Information Administration.......... 30 143
Non-Defense Environmental Cleanup.......... 30 143
Uranium Enrichment Decontamination and
Decommissioning Fund................... 31 144
Science.................................... 31 145
Nuclear Waste Disposal..................... 32
153
Technology Transitions..................... 32
153
Clean Energy Demonstrations................ 32 154
Advanced Research Projects Agency--Energy.. 33 154
Title 17 Innovative Technology Loan
Guarantee Program...................... 33 155
Advanced Technology Vehicles Manufacturing
Loan Program........................... 35 155
Tribal Energy Loan Guarantee Program....... 35 156
Indian Energy Policy and Programs.......... 35 156
Departmental Administration................ 35 157
Office of the Inspector General............ 36 158
Atomic Energy Defense Activities:
National Nuclear Security Administration:
Weapons Activities......................... 37 160
Defense Nuclear Nonproliferation........... 37 163
Naval Reactors............................. 38 165
Federal Salaries and Expenses.............. 38 165
Environmental and Other Defense Activities:
Defense Environmental Cleanup.............. 39 166
Defense Uranium Enrichment Decontamination
and Decommissioning.................... 39 168
Other Defense Activities................... 40 168
Power Marketing Administrations:
Bonneville Power Administration............ 40 170
Southeastern Power Administration.......... 41 170
Southwestern Power Administration.......... 42 171
Western Area Power Administration.......... 43 171
Falcon and Amistad Operating and
Maintenance Fund....................... 45 171
Federal Energy Regulatory Commission............... 46 172
Committee Recommendation...........................
.... 172
General Provisions................................. 47 214
IV. Independent Agencies:
Appalachian Regional Commission.................... 54 214
Defense Nuclear Facilities Safety Board............ 54 215
Delta Regional Authority........................... 55 216
Denali Commission.................................. 55 217
Northern Border Regional Commission................ 56 217
Southeast Crescent Regional Commission............. 56 218
Southwest Border Regional Commission............... 56 218
Nuclear Regulatory Commission...................... 57 219
Nuclear Waste Technical Review Board............... 58 221
General Provisions................................. 58 221
V. General Provisions:..................................... 60 222
House of Representatives Report Requirements...............
.... 222
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are
contained in the Budget of the United States Government, Fiscal
Year 2022. The following table summarizes appropriations for
fiscal year 2021, the budget estimates, and amounts recommended
in the bill for fiscal year 2022.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
INTRODUCTION
The Energy and Water Development and Related Agencies
Appropriations bill for fiscal year 2022 totals
$53,226,000,000, $1,474,000,000 above fiscal year 2021 amounts.
Title I of the bill provides $8,657,932,000 for the Civil
Works programs of the U.S. Army Corps of Engineers,
$862,932,000 above fiscal year 2021 and $1,865,432,000 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 $2,050,000,000,
$370,000,000 above fiscal year 2021 and $424,114,000 above the
budget request.
Title II provides $1,965,899,000 for the Department of the
Interior and the Bureau of Reclamation, $274,899,000 above
fiscal year 2021 and $412,950,000 above the budget request. The
Committee recommends $1,945,866,000 for the Bureau of
Reclamation, $275,899,000 above fiscal year 2021 and
$412,950,000 above the budget request. The Committee recommends
$20,000,000 for the Central Utah Project, $1,000,000 below
fiscal year 2021 and equal to the budget request.
Title III provides $45,126,500,000 for the Department of
Energy, $3,201,475,000 above fiscal year 2021 amounts. Funding
for energy programs within the Department of Energy, which
includes basic science research and the applied energy
programs, is $16,848,760,000. The Committee recommends
$7,320,000,000 for the Office of Science; $3,768,000,000 for
Energy Efficiency and Renewable Energy; $177,000,000 for
Cybersecurity, Energy Security, and Emergency Response;
$267,000,000 for Electricity; $1,675,000,000 for Nuclear
Energy; $820,000,000 for Fossil Energy and Carbon Management;
and $600,000,000 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 $20,155,000,000.
Environmental Management activities--Non-defense
Environmental Cleanup, Uranium Enrichment Decontamination and
Decommissioning, and Defense Environmental Cleanup--are funded
at $7,757,203,000.
The net amount appropriated for the Power Marketing
Administrations is provided at the requested levels.
Title IV provides $457,800,000 for several Independent
Agencies, $43,950,000 above fiscal year 2021. Net funding for
the Nuclear Regulatory Commission is $131,000,000, $8,000,000
above fiscal year 2021 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 To Address Climate Change
The Department of Energy and its national laboratory system
have helped to lay the foundation for the technological
advances to reduce greenhouse gas emissions to address climate
change and drive today's the 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 address climate
change and 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 mitigate and adapt to climate change,
create jobs, and increase economic prosperity, and enhance
energy security. 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 2020 hurricane season had
30 named storms, the most ever recorded, 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 contributes over
$500,000,000,000 to the nation's gross domestic product and
supports employment for 10 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.
Federal Advertising.--The Committee directs each of the
agencies funded by this Act to include the following
information in its fiscal year 2023 budget justification:
expenditures for fiscal year 2021 and expected expenditures for
fiscal year 2022, 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.
The agencies shall continue to brief the Committee not less
than quarterly on the progress on resolving issues.
Federal Law Enforcement.--The Committee notes that the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2022 directs the Attorney General to continue efforts to
implement training programs to cover the use of force and de-
escalation, racial profiling, implicit bias, and procedural
justice, to include training on the duty of federal law
enforcement officers to intervene in cases where another law
enforcement officer is using excessive force, and make such
training a requirement for federal law enforcement officers.
The Committee further notes that certain Departments and
agencies funded by this Act employ federal law enforcement
officers and are Federal Law Enforcement Training Centers
partner organizations. The Committee directs such Departments
and agencies to adopt and follow the training programs
implemented by the Attorney General and to make such training a
requirement for its federal law enforcement officers. The
Committee further directs such Departments and agencies to
brief the Committee on their efforts relating to training not
later than 90 days after enactment of this Act.
In addition, the Committee directs such Departments and
agencies, to the extent that such Departments and agencies have
not already done so, to submit their use of force data to the
Federal Bureau of Investigation (FBI)'s National Use of Force
Data Collection database. The Committee further directs such
Departments and agencies to brief the Committee not later than
90 days after enactment of this Act on their current efforts to
tabulate and submit its use of force data to the FBI.
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 2022 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;
Dredge 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; and
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 a national program as requested in
the Operation and Maintenance 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 2022 is estimated to be
approximately $11,183,000,000.
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 $2,050,000,000 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 $50,000,000 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 2022, the Committee provides $90,000,000 from the
IWTF, $37,850,000 above the budget request. The final program
level will depend on project-specific allocations to be made by
the Corps. The Committee recommends $55,000,000 above the
budget request for additional operation and maintenance
activities on the inland waterways.
FORMAT OF FUNDING PRIORITIES
Since the 112th Congress, when congressional earmarks were
prohibited, the Administration amassed enormous control of the
direction of our 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
our national economy, public safety, and environmental health.
This funding is for additional work that either was not
included in the budget request or was inadequately budgeted.
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, 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 2022. None
of the additional funding in any account may be used for any
item where funding was specifically denied or for projects in
the Continuing Authorities Program. Funds shall be allocated
consistent with statutory cost share requirements.
Work Plan.--Not later than 60 days after enactment of this
Act, the Corps shall provide to the Committee a work plan
including the following information: (1) a detailed description
of the process and criteria used to evaluate studies and
projects; (2) delineation of how these funds are to be
allocated; (3) a summary of the work to be accomplished with
each allocation, including phase of work; and (4) a list of all
studies and projects that were considered eligible for funding
but did not receive funding, including an explanation of
whether the study or project could have used funds in fiscal
year 2021 and the specific reasons each study or project was
considered as being less competitive for an allocation of
funds.
NEW STARTS
The 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
prior to WRDA 2020 that have yet to receive funding. In
recognition of this need, the Committee includes the seven new
start Investigations projects and four new start Construction
projects proposed in the budget request without change. The
Committee also includes a limited number of additional new
starts in the Investigations, Construction, and Mississippi
River and Tributaries accounts. 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 Great Lakes and Mississippi River Interbasin Study was
authorized by Congress under section 3061(d) of WRDA 2007
(Public Law 110-114). The Committee notes that the Brandon Road
Lock and Dam in Joliet, Illinois, is 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 appreciates that the
project received a positive recommendation in the Report of the
Chief of Engineers and that funding is included in the fiscal
year 2022 budget request to continue work on PED.
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 Asian Carp Regional Coordinating Committee,
including identifying navigation protocols that would be
beneficial or effective in reducing the risk of vessels
inadvertently carrying aquatic invasive species, including
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 2022
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.
COMMITTEE RECOMMENDATION
The Committee recommends $8,657,932,000 for the Corps,
$862,932,000 above fiscal year 2021 and $1,865,432,000 above
the budget request.
A table summarizing the fiscal year 2021 enacted
appropriation, the fiscal year 2022 budget request, and the
Committee-recommended levels is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2021 enacted FY 2022 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations...................................... $153,000 $105,837 $155,000
Construction........................................ 2,692,645 1,792,378 2,591,732
Mississippi River and Tributaries................... 380,000 269,688 370,000
Operation and Maintenance........................... 3,849,655 2,502,901 4,817,000
Regulatory Program.................................. 210,000 204,400 212,000
FUSRAP.............................................. 250,000 - - - 250,000
Flood Control and Coastal Emergencies............... 35,000 35,000 35,000
Expenses............................................ 206,000 199,000 208,000
Office of the Assistant Secretary of the Army for 5,000 5,000 5,000
Civil Works........................................
Rescission.......................................... -500 - - - - - -
Water Infrastructure Finance and Innovation Program. 14,200 - - - 14,200
Harbor Maintenance Trust Fund....................... - - - 1,625,856 - - -
Inland Waterways Trust Fund......................... - - - 52,150 - - -
-----------------------------------------------------------
Total, Corps of Engineers--Civil................ 7,795,000 6,792,500 8,657,932
----------------------------------------------------------------------------------------------------------------
INVESTIGATIONS
Appropriation, 2021................................... $153,000,000
Budget estimate, 2022................................. 105,837,000
Recommended, 2022..................................... 155,000,000
Comparison:
Appropriation, 2021................................. +2,000,000
Budget estimate, 2022............................... +49,163,000
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 recommendation
includes sufficient additional funding to undertake a
significant amount of feasibility and PED work. The
Administration is reminded that a project study is not complete
until the PED phase is complete and that no new start or new
investment decision shall be required when moving from
feasibility to PED.
Ala Wai Canal, Hawaii.--The Corps is directed to provide to
the Committee not later than 180 days after enactment of this
Act a briefing on this project. The Committee expects such a
briefing to address the merits of the overall project,
improvements to the modeling used to assess the project,
efforts to engage with the local community, and steps that can
be taken to ensure the viability of the project.
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 Committee
appreciates the Corps working to complete disposition studies
pursuant to facilities that closed as a result of Public Law
113-121. The Corps is directed to provide to the Committee
copies of disposition studies upon completion. For Corps
facilities that are deemed as excess, the Committee supports
the disposal of those facilities through the appropriate
General Services Administration process.
Economically Disadvantaged Communities.--The Committee is
aware that economically-disadvantaged communities, such as the
Rio Grande Valley in Texas, face extra burdens in addressing
complex flood control issues. Without federal attention, many
of these challenges may not be recognized and addressed in a
timely manner, possibly resulting in additional damages to
property and life. The Corps is encouraged in future budget
requests to take into account economically disadvantaged
communities that are prone to hurricane storm damage and
flooding when proposing new starts.
Fort Bend County, Texas.--The Corps is encouraged to
continue to work with the non-federal sponsor on plans to
reduce flooding along Mustang Bayou, including an evaluation of
the Mustang Bayou Flood and Drainage Control Project if
requested. 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 this project. The Committee also notes that
there is a threat of flooding from high volumes of stormwater
draining into Barker Reservoir. 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
to engage with Fort Bend County to address this issue.
Hartford and East Hartford, Connecticut.--The Committee
understands that the Corps is completing initial appraisal
reports under section 216 of the Flood Control Act of 1970 and
reminds the Corps that WRDA 2018 directed expedited completion
of feasibility studies for flood risk management projects in
Hartford and East Hartford, Connecticut.
Kauai, Hawaii.--The Committee is aware that river levels on
the Island of Kauai continue to rise in response to more
frequent extreme weather and have contributed to record high
flooding and mudslides across the island. The Corps is directed
to provide to the Committee not later than 180 days after
enactment of this Act a briefing on efforts to address these
issues, including any authorized studies, timelines,
challenges, and other related projects that are required to be
expedited to mitigate flood risks on the Island of Kauai.
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.
Long Beach, Mississippi.--The Corps is reminded that the
Long Beach, Bay St. Louis and Mississippi Sound, Mississippi
hurricane and storm damage risk reduction and flood risk
management feasibility study was authorized in section 201 of
WRDA 2020. This study would establish the scope and identify
and prioritize structural and non-structural measures for a
sustainable, regional solution to hurricane, storm, and flood
risks that protects lives and property and promotes long-term
economic growth in Mississippi's largely rural western Gulf
Coast.
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).
Murrieta Creek, California.--The non-federal sponsor is
prepared to work with the Corps during the General Reevaluation
Report (GRR) to develop the conceptual design for the multi-
purpose basin in order to optimize costs and benefits and
facilitate interim uses of the property. Once the GRR is
complete, the Committee understands that the non-federal
sponsor will complete the design of the basin and plans to seek
to enter into an agreement for credit for this project work.
The non-federal sponsor is also working closely with the Corps
to update the economic analysis and include the full range of
benefits for this project in order to identify the best return
on investment for the federal government. The Corps is
encouraged to focus the GRR on identifying and optimizing the
remaining features for construction completion. The Corps is
encouraged to include appropriate funding for this project in
future budget submissions and to work with the non-federal
sponsor to advance the project to the next phase at the
earliest practicable opportunity.
New York-New Jersey Harbor and Tributaries.--The Committee
appreciates that the budget request includes $1,450,000 to
continue this study. The Committee continues to expect the
Corps to make all necessary efforts to engage community groups
and incorporate impacts of low-frequency precipitation and sea
level rise in the study. The Corps is directed to provide to
the Committee not later than 90 days after enactment of this
Act a briefing on the status of this study.
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, can help
in understanding areas of vulnerability, and could be used to
prioritize areas of interest. Therefore, the Committee directs
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 of this Act 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.
North Branch Ecorse Creek Watershed, Michigan.--The
Committee is aware that flooding is a consistent, recurring
issue in the project area, North Branch Ecorse Creek Watershed,
which has flooded at least four times in the last four years.
The repetitive flooding is causing extensive property damage,
bank instability and erosion, sediment and nutrient loading,
trash and debris loading, in-stream habitat degradation, and
loss of aesthetic and recreational value.
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.
Accordingly, the recommendation provides $10,000,000 for the
program. Within the funds provided, the Corps is directed to
prioritize providing planning-level technical assistance to
coastal federally recognized tribal communities that are
actively working to relocate homes and other critical
infrastructure to higher ground to mitigate the impacts of
climate change. The Corps is directed to provide to the
Committee not later than 45 days after enactment of this Act a
briefing on its efforts to comply with this directive, how the
Corps's existing authorities can provide assistance to coastal
federally recognized tribal communities actively working to
relocate their homes, and how these authorities could be
modernized to better assist these communities.
Additionally, 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. The Committee
encourages the Corps to consider the effects of sea level rise
and storm surge on locations of significance for communities
that have limited options for relocation or retreat from the
coastal flood zone, including remote, coastal, or small
watershed areas when considering feasibility studies for flood
and storm damage reduction.
Principles, Requirements & Guidelines.--The Committee
understands that the Corps is developing Agency Specific
Procedures to implement the Principles, Requirements and
Guidelines for Federal Investments in Water Resources (PR&G)
released in March 2013 and the Final Interagency Guidelines
released in December 2014. The Corps is reminded that Congress,
through section 110 of WRDA 2020, required the Corps to issue
final Agency Specific Procedures originally enacted by section
2031 of WRDA 2007. This section established a national policy
for water resources projects to maximize sustainable
development, to avoid unwise use of floodplains and flood-prone
areas, and to protect and restore, and where necessary mitigate
unavoidable impacts to, natural systems. This section also
directed the Secretary to update the PR&G to incorporate modern
advancements in economic and analytical techniques and to
incorporate efforts to address public safety, low-income
communities, nonstructural approaches to water resource
development and management, and integrative, adaptive and
watershed approaches. The Corps is directed to fully implement
the WRDA 2020 requirement and to brief the Committee not later
than 45 days of enactment of this Act on its efforts to update
the Agency Specific Procedures and again prior to finalizing
the Agency Specific Procedures.
Research and Development.--The Committee encourages the
Corps to engage in monitored field trials of coastal
restoration optimized for blue carbon CO2
sequestration. The Corps is directed to provide to the
Committee not later than 180 days after enactment of this Act a
briefing on such efforts and how the Corps collaborates with
other federal and state agencies on these issues. The Committee
also encourages the Corps to collaborate with university
partners to improve the capabilities for improving the
integrity and performance of the nation's levee systems. The
recommendation provides $4,000,000 to modernize existing Corps
coastal and hydraulics models and integrate them to make them
accessible for use by other agencies, universities, and the
public. The Committee directs the Corps to investigate the
presence, geochemistry, and potential recovery of rare earth
elements in dredged materials.
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.
Research and Development, Flood and Coastal Systems.--The
Committee recognizes the importance of ensuring the integrity
of our 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, Freshwater Intrusions.--The
Committee recognizes the need to develop tools to assess,
forecast, and proactively manage the hydrodynamic and
environmental impacts of large-scale freshwater intrusion into
the Mississippi Sound and surrounding waters. These consistent
freshwater intrusions have been detrimental to the Mississippi
Sound and the U.S. blue economy. The Corps is encouraged to
partner with academia with expertise in coastal processes and
ocean and hydrodynamic modeling to develop these tools.
Research and Development, 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, Ecohydraulics.--The Corps is
encouraged to consider advancement and implementation of
capabilities regarding ecohydraulic data and models to support
project planning and engineering models for decision making and
advance ecohydraulics tools.
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 for these activities. The
Corps is encouraged to develop partnerships with research
universities to leverage their expertise to enhance these
activities.
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.
Rio Inabon, Ponce, Puerto Rico.--The Committee acknowledges
the interest of local and federal parties in the flood risk
management project for Rio Inabon, Ponce, Puerto Rico, to
protect the Ponce Mercedita Airport, one of the three main
passenger gateways to Puerto Rico. The Committee encourages the
Corps to continue working with the Puerto Rico Ports Authority
and the Municipality of Ponce to evaluate current needs and to
expeditiously move forward with the necessary feasibility
studies to determine a course of action.
Salton Sea, California.--The Committee recognizes the role
that the Corps plays in the restoration of the Salton Sea and
encourages the Corps to be an active participant in restoration
efforts involving federal participation, including the
California Natural Resources Agency's Salton Sea Management
Plan. The Committee notes the Senate Environment and Public
Works Committee Resolution dated April 25, 2016, authorizing
the Imperial Stream Salton Sea study, an aquatic ecosystem
restoration study on an inland lake with associated public
health risks, and encourages the Corps to include appropriate
funding in future budget submissions.
San Francisco Waterfront Storm Damage Reduction Project,
California.--The century-old Embarcadero Seawall underpins
approximately $140,000,000,000 in public and private assets and
economic activity. The Seawall is now in urgent need of repair
as it stands vulnerable to seismic risks and increasing flood
risks. The Committee urges the Corps to expedite approval of
the non-federal sponsor's exemption request and encourages
timely implementation of sections 113 and 152 of WRDA 2020.
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.
Southeast Michigan Flooding.--The Committee is aware of the
long and persist issue of severe flooding events across the
Southeast Michigan region. Within its existing authorities, the
Corps is encouraged to closely coordinate with affected
communities in this region and the State of Michigan to
identify the source of these flooding events and to help these
communities mitigate future flood disasters in this area.
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
commends the Corps for its decision to resume the Tampa Harbor
General Reevaluation Report (GRR), which will identify long-
term channel needs, and encourages the Corps to move forward
expeditiously.
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 Des Plaines River and Tributaries Project, Illinois
and Wisconsin.--The Committee is aware that the project area
was flooded with record high crests overflowing the Des Plaines
River, resulting in damage to more than 3,200 residences. The
Committee urges the Corps to cooperate with the non-federal
sponsor as it prepares advance work on a number of flood
features under section 204 of WRDA 1986.
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, 2021................................... $2,692,645,000
Budget estimate, 2022................................. 1,792,378,000
Recommended, 2022..................................... 2,591,732,000
Comparison:
Appropriation, 2021................................. -100,913,000
Budget estimate, 2022............................... +799,354,000
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
$13,530,000 for execution of comprehensive restoration plans
developed by the Corps for major bodies of water.
Of the additional funds provided in this account, the Corps
shall allocate not less than $40,000,000 to projects with
riverfront development components.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $40,000,000 to continue
construction of projects that principally address drainage in
urban areas.
Public Law 115-123 and Public Law 116-20 included funding
within the Flood Control and Coastal Emergencies account to
restore authorized shore protection projects to full project
profile. That funding is expected to address some of the
current year capability. The recommendation includes
$20,000,000 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, and projects that will provide
substantial benefits to water quality improvements.
The recommendation provides a total of $90,000,000 of
estimated annual revenues in the IWTF, including those projects
listed in the ``Projects Listed Under States'' table. The Corps
shall allocate all funds provided in the IWTF Revenues line
item along with the statutory cost share from funds provided in
the Navigation line item prior to allocating the remainder of
funds in the Navigation line item.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $17,000,000
shall be for watercraft inspection stations, as authorized in
section 104 of the River and Harbor Act of 1958, equally
distributed to carry out subsections (d)(1)(A)(i),
(d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000 shall be for
related monitoring, as authorized by section 1170 of the
America's Water Infrastructure Act of 2018. Additional funding
is also provided for nationwide research and development to
address invasive aquatic plants, and activities for monitoring,
surveys, and control of flowering rush and hydrilla
verticillate. The recommendation also provides $150,000 to
commence activities authorized under section 509 of WRDA 2020,
and the Corps is directed to provide to the Committee prior to
the obligation of any funds for this purpose a briefing on how
it will implement this program. Lastly, the recommendation
provides additional funding for activities authorized by
section 505 of WRDA 2020, and the Corps is directed to provide
to the Committee prior to the obligation of any funds a
briefing on how it will implement this program.
Beneficial Use of Dredged Material Pilot Program.--The
Committee provides $4,300,000 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). The Committee continues to support the
pilot program to carry out beneficial use of dredged sediment
and notes the selection of the Resilient San Francisco Bay
Pilot Project. The Committee is aware of the non-federal
sponsor's desire to proceed with the full proposal phased over
a number of years. The Committee urges the Corps to include
appropriate funding in future budget requests for these
efforts.
Calaveras County, California.--The Corps is reminded that
the wastewater treatment facility within the Calaveras County
Water District is a critical health and safety need in this
rural, mountainous, and underserved community.
Cano Martin Pena, Puerto Rico.--The Committee notes the
environmental degradation and persistent flooding that
disadvantages communities abutting the channel, as evidenced by
Hurricanes Irma and Maria, and appreciates that the budget
request included $2,150,000 for this project. The Committee
continues to recognize the significance of the project and its
importance for economic revitalization, public health,
incidental flood protection, and in restoring a critical
watershed and the natural functioning of the tidal system in
the San Jose Lagoon and the San Juan Bay Estuary. The Committee
notes the substantial time and effort dedicated to advance the
project and encourages the Corps to include appropriate funding
for this project in future budget submissions and to work with
the non-federal sponsor in support of this project. The Corps
is directed to provide to the Committee not later than 90 days
after enactment of this Act an update on the status of this
project.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Committee is supportive of the
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan.
Chesapeake Bay Oyster Recovery, Maryland and Virginia.--The
Committee is supportive of the Corps' work on the Chesapeake
Bay Oyster Recovery program and urges the Corps to include
appropriate funding in future budget requests for these
efforts.
Continuing Authorities Program (CAP).--The Committee
continues to support all sections of the Continuing Authorities
Program. Funding is provided for eight CAP sections at a total
of $61,000,000. This program provides a useful tool for the
Corps to undertake small localized projects without the lengthy
study and authorization process typical of larger Corps
projects. The management of CAP should continue consistent with
direction provided in previous fiscal years. Within the section
1135 CAP authority, and to the extent already authorized by
law, the Corps is reminded that projects that restore degraded
wetland habitat and stream habitats impacted by construction of
Corps levees or channels and projects that will divert
significant pollutant nutrient runoff from entering wetland
habitats are eligible to compete for funding.
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 as described in Engineering Circulars 11-2-221 and 11-2-
222. This permits the Corps to award the entire contract and
fund the contract incrementally until completion. This
acquisition strategy is well-suited to large, multi-year
projects, including those with life safety, national security,
or legal concerns, and is being used successfully at multiple
projects nationwide. The Administration is directed to resume
using its existing continuing contract authorities to the
fullest extent and 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.
Howard Hanson Dam, Washington.--The Committee notes that
$3,000,000 was included in the fiscal year 2020 work plan to
begin the design and cost update needed to resume work on the
construction of a downstream fish passage facility as mandated
by the 2019 Biological Opinion. The Committee supports these
efforts and is pleased that the Corps and the project sponsor
continue to make progress. The Committee directs the Corps to
continue to work expeditiously on this project in order to meet
the 2030 deadline established in the Biological Opinion.
Hudson Raritan Estuary, New Jersey.--The Committee
recognizes the importance of the Hackensack Meadowlands, New
Jersey Ecosystem Restoration Project within the Hudson Raritan
Estuary and encourages the Corps to closely collaborate with
the non-federal partners to ensure the required match is
available to advance this project.
Lakes Marion and Moultrie, South Carolina.--The Committee
recognizes the importance of continued progress on the Lakes
Marion and Moultrie regional water supply project and
encourages the Corps to include appropriate funding in future
budget submissions.
Lake Isabella, California.--The Committee is aware the
Corps, in conjunction with the U.S. Forest Service (USFS), is
in the process of building a replacement USFS visitor center at
Lake Isabella, California, as part of the Isabella Lake Dam
Safety Modification Project. In April 2021, the Corps
established a schedule, in conjunction with the USFS, that
included commencing construction by March 31, 2023. The
Committee commends the Corps for completing environmental
reviews for this project on schedule but remains concerned
about the long delay with this project overall. Accordingly,
the Committee directs the Corps to adhere to its own
established schedule to the maximum extent practicable and to
work with the USFS to ensure engagement of local community
stakeholders throughout the design phase of the project.
New Program Requested in the Budget Proposal.--The budget
request includes $10,000,000 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 directs the
Corps to provide to the Committee not later than 45 days after
enactment of this Act a briefing on the status of the
implementation guidance and the path forward for this program.
North Canadian River, Oklahoma.--The Committee notes that
periodic flooding along the North Canadian River in Jones,
Oklahoma, has caused significant erosion that has forced the
closure of the North Triple X Road bridge. The Committee
encourages the Corps to work collaboratively with the City of
Jones and Oklahoma County should a request be made regarding
work to mitigate riverbank erosion.
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.
Public Law 115-123 (LERRDs).--The Corps has authority to
perform acquisition of required lands, easements, rights-of-
ways, relocations, and disposal areas (LERRDs) on behalf of a
non-federal sponsor under certain circumstances. The Committee
strongly encourages the Corps to evaluate such requests from
non-federal sponsors of projects funded under Public Law 115-
123.
Sacramento Region, California.--The Corps is encouraged to
work expeditiously toward Title I of Public Law 115-270 and
Division AA of Public Law 116-260, which directed the Corps to
expedite levee construction projects and completion of
feasibility studies in the greater Sacramento region to improve
levee integrity and flood protection and build greater system
resiliency. The Committee expects that the Corps will recognize
the continued flooding threat within the greater Sacramento
region and encourages the Corps to include appropriate funding
for design and construction activities for flood risk
management projects, including the initiation of new
construction where appropriate, 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.
San Juan Harbor, Puerto Rico.--The Committee notes the
importance of this project for the economic and social recovery
of Puerto Rico. The project would address deepening and
widening the channels, accommodate existing and future vessel
movement, resolve navigation restriction problems, and allow
opportunities for economic development. The Committee
encourages the Corps to continue working with the non-federal
sponsor to advance the project at the earliest practicable
opportunity. The Committee further encourages the Corps to
include appropriate funding in future budget submissions.
Soo Locks, Sault Ste. Marie, Michigan.--The Committee
recognizes that the Soo Locks on the St. Mary's River at Sault
Ste. Marie, Michigan, are the only waterway connection from
Lake Superior to the rest of the Lower Great Lakes and the St.
Lawrence Seaway. The Committee understands that a failure at
the Soo Locks could have a significant impact on national
security. The Committee supports the ongoing construction of a
second 1,200-foot lock and believes such a lock is necessary to
maintain redundancy and resiliency at the Soo Locks and further
protects our national defense priorities. The Committee
supports the budget request for construction of the new lock.
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.
United States Virgin Islands.--The Committee notes that
persistent flooding has harmed communities and infrastructure
in the territory, as evidenced by Hurricanes Irma and Maria.
The Committee is disappointed that none of the supplemental
appropriations made available under Public Law 115-123 were
allocated for flood risk management projects in the U.S. Virgin
Islands. The Corps is reminded that it may fund such projects
out of remaining construction funds provided under Public Law
115-123, in a work plan, or in future budget requests.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2021................................... $380,000,000
Budget estimate, 2022................................. 269,688,000
Recommended, 2022..................................... 370,000,000
Comparison:
Appropriation, 2021................................. -10,000,000
Budget estimate, 2022............................... +100,312,000
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 Watershed Management Studies.--The Committee
urges the Corps to move forward expeditiously to optimize Corps
operational procedures by modernizing multi-state watershed
management regimes, such as through efforts like the study
described in section 213 of WRDA 2020. The section 213 study
was 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, 2021................................... $3,849,655,000
Budget estimate, 2022................................. 2,502,901,000
Recommended, 2022..................................... 4,817,000,000
Comparison:
Appropriation, 2021................................. +967,345,000
Budget estimate, 2022............................... +2,314,099,000
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.--Of the additional
funding provided in this account, the Corps shall allocate not
less than $7,500,000 to complete water control manual updates
at projects identified on the comprehensive list developed by
the Corps referenced in this account under the heading ``Water
Control Manuals'', including in regions impacted by atmospheric
rivers and where enhanced forecasting can improve water
operations.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are
present;
ability to address critical maintenance
backlog;
presence of the U.S. Coast Guard;
extent to which the work will enhance
national, regional, or local economic development,
including domestic manufacturing capacity;
extent to which the work will promote job
growth or international competitiveness;
number of jobs created directly by the
funded activity;
ability to obligate the funds allocated
within the fiscal year;
ability to complete the project, separable
element, project phase, or useful increment of work
within the funds allocated;
ability to address hazardous barriers to
navigation due to shallow channels;
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 $5,600,000 for this purpose. The recommendation
provides $4,000,000 to establish the Harmful Algal Bloom
Demonstration Program, as authorized by WRDA 2020, and the
Corps is directed to provide to the Committee prior to the
obligation of any funds a briefing on how it will implement
this program. 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.
The Committee encourages the Corps to facilitate
collaboration with university partners to assess the impacts of
environmental triggers in riverine ecosystems to advance
prediction, avoidance, and remediation efforts for harmful
algal blooms.
The Committee encourages the Corps to conduct research into
environmental triggers that initiate harmful algal blooms, how
upstream inputs influence development, and how triggers vary
across regions.
Asset Management/Facilities Equipment Maintenance
Program.--The recommendation provides $2,000,000 above the
budget request for research on novel approaches to repair and
maintenance practices that will increase civil infrastructure
intelligence and resilience.
Beneficial Use of Dredged Material.--Section 125 of WRDA
2020 directs the Corps to include the economic benefits and
efficiencies of beneficial use of dredged material, including
the use of alternative dredging equipment and dredging disposal
methods, when calculating economic and environmental benefits
of the beneficial use of dredged material. The Corps is
directed to provide to the Committee not later than 90 days
after enactment of this Act a briefing on its efforts to comply
with this provision.
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 appreciates that
the Corps allocated resources to complete construction of the
second array at the CSSC in fiscal year 2021. 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.
Contaminated Sediment.--Section 312 of WRDA 1990 provides
for the removal of contaminated sediment for the purpose of
environmental enhancement and water quality improvement. The
Committee is aware that the Corps has been constrained in its
use of section 312 due to liability concerns when dredging
contaminated sediment. As such, the Committee directs the
Corps, when necessary to exercise its section 312 authority, to
enter into agreements with states and localities whereby those
states and localities shall assume any liability concerns.
District Realignment Activities.--The Committee
acknowledges the transfer of civil works missions at T.J.
O'Brien and Lockport Locks from the Rock Island District to the
Chicago District. The Committee understands that the transfer
of two additional locks from the Rock Island District to the
Chicago District will be considered in 2022 and strongly
encourages the Corps to conduct robust stakeholder outreach
prior to reaching any determination on the transfer of these
locks. Additionally, the Corps is directed to notify the
Committee when the review commences. The Corps is directed to
provide to the Committee not later than 90 days after enactment
of this Act a report on the long-term workload viability on
both the Rock Island District and Chicago District.
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.
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 initiative which
enables more sustainable delivery of economic, social, and
environmental benefits associated with water resources
infrastructure and involves the intentional alignment of
natural and engineering processes to efficiently and
sustainably deliver economic, environmental, and social
benefits through collaborative processes.
The Committee notes that using nature-based systems to
adapt to and account for rapidly changing environmental
conditions may lengthen the lifespan of infrastructure, improve
readiness, and lower long-term infrastructure investment. Of
the funding provided in this remaining item, up to $5,000,000
is provided to employ nature-based tools and principles to
support civil works flood control and ecosystem management
planning objectives and operations in the Chesapeake Bay.
Federal Breakwaters and Jetties.--The Corps is directed to
continue to assess the inventory of the structural condition of
federal breakwaters and jetties protecting harbors and inland
harbors using available funds from fiscal year 2021. The Corps
is directed to provide to the Committee not later than 90 days
after enactment of this Act an update on the status of the
report and inventory that summarizes the available data.
Hamilton Wetlands, California.--The Committee understands
the non-federal sponsor for the Hamilton Wetlands Restoration
Project is working with the Corps to amend the Project
Cooperation Agreement to include the authorized Bel Marin Keys
project as a portion of the overall project. The Corps is
encouraged to work with the non-federal sponsor to develop and
execute an agreement that keeps the total project cost within
the authorized amount in a timely manner.
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. The Corps is directed to provide to the Committee
not later than 120 days after enactment of this Act a briefing
with an update on how the Corps is using its expertise to
target a strategic response to the harmful algal blooms in
various parts of the nation, including its role in the
interagency HABHRCA Task Force. The Corps is encouraged to
continue high level participation in the HABHRCA Task Force.
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.
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 to take into consideration the upcoming
completion of the Herbert Hoover Dike and related Everglades
restoration projects. As the Corps continues the public scoping
process and initial formulation, the Corps is encouraged to use
the best available science and appropriately weigh the concerns
of all water users to ensure the ecosystem is preserved, water
supply for the eight million residents in South Florida is
maintained, and the safety of all residents of the region is
upheld.
Levee Safety.--The Committee notes that the Corps has
authorization to carry out certain levee safety initiatives
that are funded within two remaining items: the National
(Levee) Flood Inventory and Inspection of Completed Federal
Flood Control Projects. The Committee supports the budget
request to fund the National Levee Flood Inventory remaining
item at the capability amount, and the Committee notes that, in
fiscal year 2022, all activities associated with the National
Levee Safety Program will be funded from this remaining item.
All activities for the Inspection of Completed Federal Flood
Control Projects remaining item were funded in the budget
request and shall be used for the assessment of high risk
federally authorized levees. The Corps is directed to provide
to the Committee not later than 90 days after enactment of this
Act a briefing on its efforts to implement these initiatives.
Additionally, the Corps is directed to provide to the Committee
not later than 90 days after enactment of this Act a report
detailing how it will comply with section 131 of WRDA 2020.
Mississippi River Basin Coordination.--The Committee
continues to urge the Corps to participate and coordinate as an
essential federal stakeholder with the Environmental Protection
Agency's development of the Mississippi River Restoration and
Resiliency Strategy, as urged in the fiscal year 2021 Act. The
Corps is also encouraged to engage with the U.S. Geological
Survey as it hosts the Mississippi River Science Forum and to
contribute to the proceedings as a federal agency with relevant
scientific expertise.
Mississippi River Navigation System.--The Committee notes
the important role small shallow draft ports play in ensuring
the proper function of the Mississippi River navigation system.
The Corps is reminded that these activities are eligible to
compete for additional funding provided in this account.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--The recommendation provides $4,000,000 to
support the structural health monitoring program to facilitate
research to maximize operations, enhance efficiency, and
protect asset life through catastrophic failure mitigation.
Mount St. Helens Sediment Monitoring.--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 commends the Corps for including
funding for sediment monitoring activities 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 serves as a major thoroughfare to the
Great Lakes navigation system, supporting manufacturing and
commerce throughout the region. The Corps is reminded that
Toledo and Sandusky Harbors are eligible to compete for
additional funding in this account and that Lorain and Huron
Harbors are small draft harbors that are eligible to compete
for additional funds in this account.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $2,500,000 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.
Prado Dam Spillway Mural.--The Committee is aware of
ongoing efforts to remove the existing lead-based paint mural
on the Prado Dam Spillway and restore the mural to its original
state using safe, non-toxic paint. The Committee directs the
Corps to remove the existing lead paint as quickly as possible
and to expeditiously execute a license agreement with the local
sponsor in Riverside County that would allow the mural to be
repainted. The Committee expects the Corps to coordinate lead
paint removal with the execution of a license agreement to
ensure the mural can be restored soon after the lead paint is
removed.
Recreational Facilities.--The Corps is one of the nation's
largest providers of conventional outdoor recreation
opportunities and ranks first among federal providers of
outdoor recreation. 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 Corps
is directed to provide to the Committee not later than 90 days
after enactment of this Act a report that includes an analysis
of current lease terms and the effects these terms have on
concessionaire financing.
The Committee is aware of the importance that waterborne
transportation systems play in helping enhance a community's
economic competitiveness and recognizes how essential water
resources are in improving the lives of those living and
working along our nation's navigable waterways, including the
Alabama and Coosa Rivers project in Alabama. The Corps is
encouraged to work across all Corps districts and with local
stakeholders to ensure that small boat access channels and
recreational facilities, in accordance with previously approved
operations and maintenance dredging and disposal 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.
Repair and Restoration of Embankments.--In accordance with
section 147 of WRDA 2020, the Corps is encouraged to assess the
cause of damages to embankments adjacent to shorelines of
reservoir projects owned and operated by the Corps and to
participate in the repair and restoration of the embankment as
appropriate. The Corps is reminded that Waco Lake, Texas, is
eligible to compete for additional funding provided in this
account.
River Commissions.--The Congress has made clear its intent
that the Susquehanna, Delaware and Potomac River Basin
Commissions be supported, and the Corps is encouraged to budget
accordingly in future budget submissions.
Seven Oaks Dam, California.--The Committee is aware that
non-federal entities are working with the Corps in an effort to
operate the Seven Oaks Dam, California, in a manner that would
allow water agencies along the Santa Ana River to capture water
released from the dam and recharge it into the groundwater
basin. The Committee encourages the Corps to work with non-
federal entities to coordinate releases of water behind the dam
in a manner that protects water quality, ensures that it can be
diverted for water supply purposes, and provides advance notice
to ensure habitat conservation efforts are protected.
Sustainable Temporary Power.--The Committee is aware the
Corps utilizes mobile diesel generators as a power source in
the execution of its civil works and emergency response
missions. The Committee encourages the Corps to explore the use
of hybrid solar, battery, and diesel technology in its use of
mobile generators for these purposes. The Corps is encouraged
to coordinate with other agencies and the private sector as to
research options and innovative solutions on these activities
and is directed to provide to the Committee not later than 30
days after enactment of this Act a briefing on its findings.
Tampa Harbor, Florida.--The Committee recognizes the
dramatic increase in global post-panamax vessels utilizing
Tampa Harbor and the need to maintain the main federal channel
at its authorized depth to accommodate these vessels. The Corps
is reminded that Tampa Harbor is eligible to compete for
additional funding provided in this account.
Upper St. Anthony Falls, Minnesota.--The cross over wall at
the Upper St. Anthony Falls is experiencing seepage that is
deteriorating the concrete wall. WRDA 2020 encouraged the Corps
to continue to operate and maintain the Upper St Anthony Falls
Lock and Dam. The Corps is further reminded that the Upper St.
Anthony Falls project remains an authorized federal project
that requires routine maintenance and is eligible to compete
for additional funding provided in this account.
Water Control Manuals.--The Committee recognizes that many
water control manuals are in need of updates, particularly in
light of recent dam disasters and improvements in forecast-
informed reservoir operations (FIRO). The Corps received
funding in fiscal years 2020 and 2021 to develop a
comprehensive list of water control manuals at Corps-owned
projects located in states where a Reclamation project is also
located, including a prioritized list of needed updates of
those manuals. If needed, funds shall also be used to
operationalize a FIRO-compatible component of the Corps Water
Management System to process ensemble and synthetic forecasts
to ensure continuous implementation of improvements in forecast
skill for water operations. The Corps is directed to brief the
Committee prior to executing any water control manual updates.
Water Operations Technical Support (WOTS).--The
recommendation includes $5,000,000 in addition to the budget
request to continue research into atmospheric rivers first
funded in fiscal year 2015 and to continue developing and
incorporating improved weather forecasting for Corps reservoir
and waterway projects through this multiagency,
multidisciplinary research effort.
REGULATORY PROGRAM
Appropriation, 2021................................... $210,000,000
Budget estimate, 2022................................. 204,400,000
Recommended, 2022..................................... 212,000,000
Comparison:
Appropriation, 2021................................. +2,000,000
Budget estimate, 2022............................... +7,600,000
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.
Permit Application Backlogs.--Additional funding is
provided in this account to address staffing shortages and
reduce permit application backlogs, including in the
Northwestern Division. The Corps is directed to brief the
Committee quarterly on these efforts beginning not later than
45 days of enactment of this Act. The Corps is to include in
these briefings information on how the funding is to be
utilized by the Northwestern Division to ensure the timely
processing of shellfish aquaculture permitting activities.
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.
Regional General Permits.--The Committee urges the Corps
and the National Marine Fisheries Service to continue to
evaluate appropriate mitigation options for Seattle District
Regional General Permits that take into consideration
improvements to existing structures.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
Appropriation, 2021................................... $250,000,000
Budget estimate, 2022................................. - - -
Recommended, 2022..................................... 250,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... +250,000,000
This appropriation funds the cleanup of certain low-level
radioactive materials and mixed wastes located at sites
contaminated as a result of the nation's early efforts to
develop atomic weapons.
The Committee again rejects the budget request proposal to
transfer the Formerly Utilized Sites Remedial Action Program
(FUSRAP) to the Department of Energy. The Congress
intentionally transferred FUSRAP from the Department to the
Corps in fiscal year 1998. In appropriating FUSRAP funds to the
Corps, the Committee transferred only the responsibility for
administration and execution of cleanup activities at FUSRAP
sites where the Department had not completed cleanup. The
Committee did not transfer to the Corps ownership of and
accountability for real property interests, which remain with
the Department. The Corps is directed to submit its fiscal year
2023 budget request using this budget structure.
The Committee remains pleased with the current cooperation
between the Corps and the Department in carrying out the
program and expects the Department to continue to provide its
institutional knowledge and expertise to ensure the success of
this program and to serve the nation and the affected
communities.
The Committee continues to support the prioritization of
sites, especially those that are nearing completion. The
Committee is aware that the Corps continues to work on the
Remedial Investigation/Feasibility Study of the former Sylvania
nuclear fuel site at Hicksville, New York. The Committee
supports these efforts, and encourages the Corps to proceed
expeditiously, as appropriate, with subsequent activities in
accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2021................................... $35,000,000
Budget estimate, 2022................................. 35,000,000
Recommended, 2022..................................... 35,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
This appropriation funds planning, training, and other
measures that ensure the readiness of the Corps to respond to
floods, hurricanes, and other natural disasters, and to support
emergency operations in response to such natural disasters,
including advance measures, flood fighting, emergency
operations, the provision of potable water on an emergency
basis, and the repair of certain flood and storm damage
reduction projects.
As the nation experiences severe weather events more
frequently, the Committee appreciates the work the Corps
undertakes with this funding. The Committee notes that
traditionally, funding for disaster response has been provided
in supplemental appropriations legislation, including recently
in 2018 (Public Law 115-123) and 2019 (Public Law 116-20) and
that amounts necessary to address damages at Corps projects in
response to natural disasters can be significant. The
Administration is 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.
Levee Rehabilitation and Inspection Program.--The Committee
notes that the Corps provides non-federal entities continued
eligibility in the Public Law 84-99 Rehabilitation and
Inspection Program as levees are transitioned to meet Corps
standards.
EXPENSES
Appropriation, 2021................................... $206,000,000
Budget estimate, 2022................................. 199,290,000
Recommended, 2022..................................... 208,000,000
Comparison:
Appropriation, 2021................................. +2,000,000
Budget estimate, 2022............................... +8,710,000
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 Corps is
directed to provide to the Committee not later than 90 days
after enactment of this Act a briefing on its P3 pilot program.
Buoy Chain.--The Committee is concerned that acquisition
regulations relating to the Corps procurement of buoy chain
fails to appropriately prioritize domestic content preference
rules and current Buy America directives. The Corps is directed
to abide by Buy America requirements and preferences for buoy
chain direct acquisitions and to provide to the Committee not
later than 90 days after the enactment of this Act a briefing
on its compliance with these requirements.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2021................................... $4,500,000
Budget estimate, 2022................................. 5,000,000
Recommended, 2022..................................... 5,000,000
Comparison:
Appropriation, 2021................................. +500,000
Budget estimate, 2022............................... - - -
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 has been
seriously deficient in providing to the Committee statutorily-
required reports, including detailed estimates of damages to
Corps projects and reports on the allocation and obligation of
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, 2021................................... $14,200,000
Budget estimate, 2022................................. - - -
Recommended, 2022..................................... 14,200,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... +14,200,000
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
Administration is directed to complete the administrative
actions necessary to stand up the WIFIA program and to provide
the financial assistance envisioned in the legislation. The
recommendation makes $8,500,000 available to the Secretary for
program development, administration, and oversight, including
but not limited to, publishing the final fee and program rules,
criteria for project eligibility and Notice of Funding
Availability. The recommendation includes $5,700,000 for the
financial assistance authorized by WIFIA. The fiscal year 2021
Act provided funds to publish the final fee and program rules
and Notice of Funding Availability. The Committee reminds the
Administration that the publication of these rules is necessary
to move forward with the WIFIA program and directs the
Administration to expeditiously publish the rules.
The Corps is directed to provide to the Committee not later
than 45 days after enactment of this Act a briefing on the
inclusion of levees in the WIFIA program.
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 includes 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 includes a provision regarding certain dredged
material disposal activities. The Committee is aware of certain
issues regarding placement of dredge material. The Corps is
directed to brief the Committee not later than 90 days after
enactment of this Act on these activities.
The bill includes a provision regarding reallocations at a
project.
The bill includes a provision prohibiting the use of funds
in this Act to reorganize or transfer the Civil Works functions
of the Corps.
The bill includes a provision regarding eligibility for
additional funding. Whether a project is eligible for funding
under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
civil works program and for offering professional advice on its
development. Therefore, the provision clarifies that a
project's eligibility for additional funding shall be solely
the professional determination of the Chief of Engineers.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2021................................... $21,000,000
Budget estimate, 2022................................. 20,000,000
Recommended, 2022..................................... 20,000,000
Comparison:
Appropriation, 2021................................. -1,000,000
Budget estimate, 2022............................... - - -
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
$20,000,000 for the Central Utah Project Completion Account,
which includes $13,150,000 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
$1,550,000 for necessary expenses of the Secretary of the
Interior.
Bureau of Reclamation
INTRODUCTION
The mission of the Bureau of Reclamation (Reclamation) is
to manage, develop, and protect water and related resources in
an environmentally and economically sound manner in the
interest of the American public. Since its establishment by the
Reclamation Act of 1902, Reclamation has developed water supply
facilities that have contributed to sustained economic growth
and an enhanced quality of life in the western states. Lands
and communities served by Reclamation projects have been
developed to meet agricultural, tribal, urban, and industrial
needs. Reclamation continues to develop authorized facilities
to store and convey new water supplies and is the largest
supplier and manager of water in the 17 western states and does
so in response to a changing climate that strains the very
resources that Reclamation is charged with managing,
developing, and protecting. Reclamation maintains 338
reservoirs with the capacity to store 140 million acre-feet of
water.
The West is currently experiencing one of the most severe
droughts on record, which could be more severe than the last
stretch of drought from 2012 to 2017. Furthermore, over the
last 40 years, snowpack in the western states has declined by
about 25 percent. Climate change has exacerbated the presence
and effects of drought in the region, resulting in having
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 now 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 funding sufficient 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
$1,532,949,000. The Committee recommendation totals
$1,945,899,000, which is $275,899,000 above fiscal year 2021
and $412,950,000 above the budget request.
A table summarizing the fiscal year 2021 enacted
appropriation, the fiscal year 2022 budget request, and the
Committee recommendation is provided below:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2021 enacted FY 2022 request Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources......................... $1,521,125 $1,379,050 $1,792,000
Central Valley Project Restoration Fund............. 55,875 56,499 56,499
California Bay-Delta Restoration.................... 33,000 33,000 33,000
Policy and Administration........................... 60,000 64,400 64,400
-----------------------------------------------------------
Total, Bureau of Reclamation.................... 1,670,000 1,532,949 1,945,899
----------------------------------------------------------------------------------------------------------------
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2021................................... $1,521,125,000
Budget estimate, 2022................................. 1,379,050,000
Recommended, 2022..................................... 1,792,000,000
Comparison:
Appropriation, 2021................................. +270,875,000
Budget estimate, 2022............................... +412,950,000
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 which provide new or
existing water supplies through additional infrastructure.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $67,000,000 shall be for
water storage projects as authorized in section 4007 of Public
Law 114-322.
Of the funding recommended 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 recommended 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
$1,000,000 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.
Columbia Basin Supervisory Control and Data Acquisition.--
The Committee is aware that the Columbia Basin Project has been
using the Supervisory Control and Data Acquisition (SCADA)
information system architecture since 1987 to operate and
monitor hundreds of remote field sites critical to the mission
of the irrigation project. The project is dependent on this
system to monitor the project's reservoirs, canals, pumping
plants, drains, and wasteways to manage water across 1,500
square miles of the project. The last significant modernization
of the program took place in 2002 and the system is in need of
additional upgrades to ensure the stability and durability of
its operation during future irrigation systems. Reclamation is
encouraged to include appropriate funding for this effort in
future budget submissions.
Lower Colorado River Operations Program.--The Lower
Colorado River Operations Program supports water efficiency
activities and conservation efforts in partnership with non-
federal water users, including Minute 323 implementation and
monitoring. Reclamation is reminded that activities within this
program are eligible to compete for additional funds provided
under ``Water Conservation and Delivery''.
Milk River Project, Montana.--The Committee recognizes the
importance of stable water supply to regional economies and
communities and notes that the current cost allocations for the
St. Mary Unit, Milk River Project, operation, maintenance, and
rehabilitation is 73.96 percent reimbursable and 26.04 percent
non-reimbursable.
Mni Wiconi Project, South Dakota.--Reclamation is directed
to continue working with the tribes and relevant federal
agencies, such as the U.S. Department of Agriculture, the U.S.
Environmental Protection Agency, the Bureau of Indian Affairs,
the Indian Health Service, and the Department of Housing and
Urban Development, to coordinate use of all existing
authorities and funding sources to finish needed community
system upgrades and connections, as well as transfers of those
systems, as quickly as possible. The Administration is
encouraged to include appropriate funding for upgrades and
transferred community systems in future budget requests.
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 provide
appropriate funding for these efforts in future budget
submissions.
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.
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.
San Justo Reservoir, California.--The Committee recognizes
the benefits of the San Justo Reservoir Zebra Mussel
Eradication Project, and Reclamation is reminded that this
project is eligible to compete for the additional funding
provided in Water Conservation and Delivery. The Committee also
recognizes that previous work conducted by Reclamation has
demonstrated the efficacy of using muriate of potash (MOP) in
treating invasive mussels. The Committee encourages Reclamation
to leverage existing knowledge on MOP treatments to address the
zebra mussel infestation at the San Justo Reservoir.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $6,000,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
Research and Development: Airborne Snow Observatory
Program.--The recommendation provides an additional $2,000,000
for this program, which advances snow and water supply
forecasting.
Upper Rio Grande Basin Study.--The Committee recognizes the
ecological, economic, cultural, and historic importance of the
Upper Rio Grande Basin and the increasing stress on its water
supply. Accordingly, Reclamation is directed to enter into a
contract with the National Academies of Sciences to conduct a
comprehensive study of Rio Grande dams and reservoirs in the
upper Rio Grande Basin (headwaters to Fort Quitman, Texas) on
how to conserve water and optimize river management to benefit
water users throughout the basin, promote the health of the
river, and support fish and wildlife. Reclamation is encouraged
to leverage ongoing and completed activities in this area to
benefit this effort.
Verde River Basin.--The Committee is aware of the appraisal
study being conducted by Reclamation in partnership with the
Salt River Project on water storage capacity at Horseshoe
Reservoir. The Committee recognizes the importance of this
study to the management and reliability of water provided to
central Arizona and directs Reclamation to provide to the
Committee not later than 60 days after enactment of this Act a
briefing on the status of the study.
WaterSMART: Climate Resilience.--Within the Water and
Energy Efficiency Grants program, Reclamation is encouraged to
consider as priority factors decreasing water scarcity and
increasing drought resilience while also improving instream
flows, either by releasing conserved water or decreasing
diversions, or otherwise restoring hydrologic function through
nature-based solutions.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $10,000,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of Public Law 114-322.
WaterSMART Program: Open Evapotranspiration System.--
Reclamation is encouraged to utilize the OpenET system designed
to provide real-time and historical evapotranspiration
information, primarily on irrigated crop lands. Reclamation is
directed to provide to the Committee not later than 90 days
after enactment of this Act a briefing on the potential
application of this system to Reclamation missions.
WaterSMART Program: Non-contiguous States and
Territories.--The Committee is concerned about the unique water
challenges faced by the non-contiguous states and territories
and notes that Congress recently made Alaska, Hawaii, and
Puerto Rico, as well as the American Samoa, Guam, the Northern
Mariana Islands, and the U.S. Virgin Islands eligible applicant
locations for WaterSMART grants. Reclamation is encouraged to
conduct outreach in all non-contiguous states and territories
about this and other available funding opportunities to address
and mitigate water challenges in these jurisdictions.
Yakima River Basin Water Enhancement Project Integrated
Plan, Washington.--The Committee notes that the Yakima Basin
Integrated Plan, developed to address water storage, water
supply, and fishery and ecosystem restoration needs for
agriculture, fish, and municipalities within the Yakima River
Basin in Central Washington, was authorized by Public Law 116-
9. The Committee is supportive of the Plan and reminds
Reclamation that activities within this program are eligible to
compete for additional funds provided in this account.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2021................................... $55,875,000
Budget estimate, 2022................................. 56,499,000
Recommended, 2022..................................... 56,499,000
Comparison:
Appropriation, 2021................................. +624,000
Budget estimate, 2022............................... - - -
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.
Within available funds, the Committee provides funding for
programs and activities according to the budget request. The
Committee notes that the amount for this account in the budget
request and recommendation is based on a three-year rolling
average of collections, in accordance with the authorizing
statute.
Anadromous Fish Screen Program.--The Committee continues to
be concerned with the disconnect between funding levels
requested and ultimately allocated for the Anadromous Fish
Screen Program. The Committee urges Reclamation to maintain its
focus on screening the remaining high priority diversions from
within funds made available under the Central Valley Project
Restoration Fund.
CALIFORNIA BAY DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2021................................... $33,000,000
Budget estimate, 2022................................. 33,000,000
Recommended, 2022..................................... 33,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
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, 2021................................... $60,000,000
Budget estimate, 2022................................. 64,400,000
Recommended, 2022..................................... 64,400,000
Comparison:
Appropriation, 2021................................. +4,400,000
Budget estimate, 2022............................... - - -
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 Reclamation
Projects Authorization and Adjustment Act of 1992.
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; 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; 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
$46,646,300,000 in fiscal year 2022 to fund programs in its
four primary mission areas: science, energy, environment, and
national security. The recommendation provides $45,126,500,000
for the Department of Energy, $3,201,475,000 above fiscal year
2021 amounts.
The Committee's recommendations for Department of Energy
programs in fiscal year 2022 are described in the following
sections. A detailed funding table is included at the end of
this title.
CONGRESSIONAL DIRECTION
Article 1, 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 2021, funding actions into or
out of accounts funded by this Act may only be made by transfer
authorities provided by this or other appropriations Acts.
FINANCIAL REPORTING AND MANAGEMENT
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the President's budget request is submitted, a future-years
energy program that covers the fiscal year of the budget
submission and the four succeeding years, as directed in the
fiscal year 2012 Act. In addition, the Department has an
outstanding requirement to submit a plan to become fully
compliant with this requirement. The Department is directed to
provide these requirements not later than 30 days after
enactment of this Act. The Department may not obligate more
than 75 percent of amounts provided to the Chief Financial
Officer until the Department submits to the Committee a plan to
become fully compliant with this requirement.
Working Capital Fund.--The Department has requested
$282,272,000 for the Working Capital Fund for fiscal year 2022.
The Committee provides $282,272,000 for this purpose and
directs that if the Department transfers additional amounts to
the Working Capital Fund, notification must be provided to the
Committee in advance of any such transfer. The notification
shall identify the sources of funds by program, project, or
activity. Further, the Department shall notify the Committee
before adding or removing any activities from the fund.
Public Access Plan.--The Committee appreciates the
Department issuing its Public Access Plan on July 24, 2014. The
Committee urges the Department to continue efforts toward full
implementation of the plan and expects an update on progress to
be included in the fiscal year 2023 budget request.
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 monthly 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
Department is directed to provide to the Committee not later
than 30 days after enactment of this Act a briefing on how the
Department can better track and provide information about the
accounting of future-year awards by control point.
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 2022 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.
WORKFORCE DEVELOPMENT AND DIVERSITY
Workforce Development.--The Committee recognizes the need
to ensure that our nation has a ready, capable workforce both
for today and the next generation to meet changing energy
demands and safeguard our national nuclear security. The
Department has a long history in and unique opportunity of
training and supporting the science, technology, engineering,
and mathematics workforce. The fiscal year 2020 Act directed
the Department to provide a report that includes an inventory
of workforce development and readiness programs supported
throughout the Department. The inventory was required to
include current programs, past programs over the past 10 years,
and recommendations for the Department to improve or expand its
workforce development efforts. The report was required to
include specific recommendations addressing workforce readiness
to meet the Department's nuclear security missions. The
Committee is still awaiting this report and directs the
Department to provide a briefing on the status of this report
not later than 15 days after enactment of this Act.
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
retrofit, 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 Committee supports improving the coordination of
federal efforts involved in growing and sustaining a robust
national security workforce. The Committee recognizes the
Department's collaborations with the Department of Defense to
address national security priorities including, but not limited
to, climate change, electric infrastructure, nuclear energy,
and space. The Committee recognizes the Department's individual
education and workforce development programs relating to the
intersection of national security and energy but encourages
interdepartmental coordination on the creation or modification
of these programs. The Department is directed to continue
participation in the Interagency Working Group on the National
Security Workforce to implement the ``Revitalizing America's
Foreign Policy and National Security Workforce, Institutions,
and Partnerships'' National Security Memorandum. Further, the
Department is directed to participate in efforts led by the
Department of Defense in developing a strategy to address
national security education and workforce issues.
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 30 days after enactment of this
Act. Additionally, the Department is directed to provide to the
Committee not later than 120 days after enactment of this Act 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. This report should also
include current workforce numbers with disaggregated data for
racial, ethnic, gender, and other underrepresented minorities
at all national laboratories and across the Department. 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.
CROSSCUTTING INITIATIVES
Equity and Justice.--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 reforms toward this goal. In order to
improve these practices at the Department, the Committee
directs the Department to survey its current programs,
policies, procedures, and rules to ensure that it is adequately
meeting the clean energy, energy conservation, and energy
efficiency needs of low-income, minority, and other
marginalized communities. Further, the Department is directed
to consider social equity, workforce development standards,
public health effects, and environmental and energy justice in
conducting activities across the Department's programs and to
prioritize projects and grantees that advance equity and
justice and maximize public health benefits. The Department is
directed to improve analytical tools and grantmaking criteria
to evaluate the social equity, public health, and environmental
and energy justice impacts of technologies and projects and to
incorporate these criteria into agency activities. The
Department is directed to increase engagement with communities
impacted by climate change, air and water pollution, systemic
racism and underinvestment, high energy costs, and economic
inequality when carrying out this section, designing grant
programs, and conducting activities across the Department's
programs. The Department is directed to provide funding to
state, local, and tribal government entities, community
organizations, businesses, universities, and other entities to
advance equity and environmental and energy justice while
driving innovation and to integrate this funding across the
energy programs. The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act a
report summarizing its efforts and findings in carrying out the
direction contained herein.
The Department is directed to contract with the National
Academies of Sciences, Engineering, and Medicine to study the
technical and non-technical barriers to and solutions for
ensuring equitable distribution of the benefits associated with
clean energy in environmental justice communities across all
sectors of the economy, and in particular the role of the
Department in assessing and mitigating such barriers. In this
study, the term ``environmental justice community'' means a
community with significant representation of communities of
color, low-income communities, or tribal and indigenous
communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects.
Environmental justice communities should be part of the
development of the study. The study shall: (1) assess the state
of research on the equitable distribution of the benefits of
clean energy including workforce development, job creation, and
public health benefits; (2) identify key indicators and
standards to measure equitable and effective allocation of
resources; (3) assess the progress in implementing programs and
policies that result in increased adoption of clean energy
technologies in environmental justice communities; (4) identify
barriers as well as potential incentives and mechanisms to
achieving the equitable distribution of the benefits associated
with clean energy in environmental justice communities,
including through the consideration of social, behavioral,
regulatory, policy, market, and technology aspects, and
considerations of the characteristics of individual
communities, such as geographical location, average income, and
racial-ethnic composition; (5) identify mechanisms for ensuring
the effective participation of environmental justice
communities in decision-making about the transition to a clean
energy economy; and (6) recommend research areas for the
Department to make progress toward ensuring equitable
distribution of the benefits associated with clean energy in
environmental justice communities.
The Committee supports the Department's continuing efforts
and progress in implementing the Justice40 Initiative, the
energy justice initiative, and Executive Order 14008.
Energy Storage.--The Committee continues to support the
Department's Energy Storage Grand Challenge initiative to build
on and coordinate the Department's research, development,
demonstration, and deployment efforts in energy storage to
accelerate the development, commercialization, and utilization
of next generation energy storage technologies. The Department
is directed to carry out these activities in accordance with
sections 3201 and 3202 of the Energy Act of 2020. The
recommendation provides not less than $484,000,000 for energy
storage, including not less than $350,000,000 from the Office
of Energy Efficiency and Renewable Energy (EERE), not less than
$101,000,000 from the Office of Electricity (OE), not less than
$5,000,000 from the Office of Fossil Energy and Carbon
Management (FECM), not less than $4,000,000 from the Office of
Nuclear Energy (NE), and not less than $24,000,000 from the
Office of Science.
The Department is directed to support long-duration joint
demonstration projects with the Department of Defense and
grants for rural utilities to build microgrids for resiliency.
The Department is directed to support competitive pilot
demonstration grants, as authorized in section 3201 of the
Energy Act of 2020, for energy storage projects that are wholly
U.S.-made, sourced, and supplied. The Department is directed to
support activities that would also help build a domestic energy
storage supply chain that does not depend on foreign sources of
critical minerals. The Department is directed to continue to
support research and technology development efforts in long-
duration energy storage in all its forms, including
electrochemical, chemical, thermal, and mechanical, as a
critical enabler of high volumes of renewables on the grid and
as the key to the future of energy innovation in buildings,
transportation, and the electric grid.
The Committee recognizes the emergence of several new
energy storage technologies that can support energy
independence in the United States. The Committee directs the
Department to publish a report on emerging energy storage
technologies. Further, the report shall include an analysis of
which technologies show promise for further or future funding.
The emergent energy storage technologies explored in this
report shall include, but not be limited to, supercapacitors,
flow batteries, low-carbon hydrogen storage, and compressed-air
energy storage. The Department is directed to provide this
report to the Committee not later than 270 days after enactment
of this Act.
Critical Minerals.--The modern global economy has
increasingly come to depend on access to a number of critical
materials that were not widely used or considered essential to
manufacturing just a few decades ago. Given that growing
dependency, the Committee appreciates the Department's
elevation and coordination of critical minerals activities
across the Department through the Critical Minerals Initiative.
The recommendation provides not less than $152,000,000 for
research, development, demonstration, and commercialization
activities on the development of alternatives to, recycling of,
and efficient production and use of critical minerals,
including not less than $100,000,000 from EERE, not less than
$35,000,000 from FECM, and not less than $17,000,000 from the
Office of Science. The Department is directed to carry out
these activities pursuant to sections 7001 and 7002 of the
Energy Act of 2020. These activities may be carried out by the
Critical Materials Energy Innovation Hub.
The Committee supports the construction of a Critical
Materials Supply Chain Research Facility, as authorized by
section 7002(h) of the Energy Act of 2020. However, the
Committee is concerned about the lack of approval of mission
need and the unclear responsibilities among program offices for
supporting construction of this facility. The Department is
directed to provide to the Committee a report detailing the
mission and cost of developing the Critical Materials Supply
Chain Research Facility. The report shall include a breakdown
of the roles and costs associated with each participating
program office. The report shall be provided not later than 30
days after enactment of this Act and prior to the obligation of
any funds for the design or construction of the facility.
Industrial Decarbonization.--Industrial processes currently
contribute as much as 20 percent of the nation's carbon dioxide
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 technologies. The Department is encouraged to
supplement research, development, demonstration, and deployment
activities with technical assistance and workforce development
programs. The recommendation provides not less than
$520,000,000 for industrial decarbonization activities,
including not less than $250,000,000 from EERE, not less than
$250,000,000 from FECM, and not less than $20,000,000 from the
Office of Science.
Grid Modernization.--The Department is directed to continue
the ongoing work among the national laboratories, industry, and
universities to improve grid reliability and resiliency through
the strategic goals of the Grid Modernization Initiative (GMI).
The Committee recognizes the accomplishments of over 200
partners from industry, academia, and state governments in
these efforts. The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act 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 directs the Department to continue emphasis on
national energy systems resilience within the context of the
Administration's goals for decarbonization of the power system
and related infrastructures such as transportation. This should
build on GMI and Grid Modernization Lab Consortium progress in
advanced grid modeling and improved grid cyber resilience to
address emerging national resilience challenges of the grid and
related energy systems, planned investments in energy storage
to improve grid flexibility and resilience, and advanced
sensors and control paradigms that promise to improve energy
system resilience of the grid of the future. The Committee
recognizes the growing importance of training and workforce
development to support grid modernization research and
development, and the Committee directs the Department to
develop a plan for a pipeline of students, graduates, and
professors to sustain a robust grid modernization research,
design, and operations capability over the long-term.
Recognizing the importance of adaptation of the electric
grid to reducing greenhouse gas emissions by accommodating
consumer-generated energy, variable generation sources such as
wind and solar, and changing demand patterns, including from
vehicle electrification, the Department is directed to
prioritize implementation of grid modernization programs.
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 30 days after enactment of this Act.
Carbon Dioxide Removal.--Carbon dioxide removal
technologies, also referred to as negative emissions
technologies, aim to remove and sequester excess carbon from
the atmosphere, and these technologies have been identified as
an important part of the portfolio of responses to climate
change. The fiscal year 2020 Act directed the Department to
develop an implementation plan coordinated across 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 recommendation provides not less than $106,000,000 for
research, development, and demonstration of carbon dioxide
removal technologies, including not less than $20,000,000 from
EERE, not less than $51,000,000 from FECM, and not less than
$35,000,000 from the Office of Science. Within available funds
for carbon dioxide removal, the recommendation provides not
less than $75,000,000 for direct air capture. The Department is
directed, pursuant to section 5001 and 5002 of the Energy Act
of 2020, to establish the Carbon Dioxide Removal Program and
Carbon Dioxide Removal Task Force to advance the development
and commercialization of carbon dioxide removal, direct air
capture, sequestration, and any other relevant technologies on
a significant scale. The Department is directed to coordinate
these activities among FECM, EERE, and the Office of Science.
The Committee supports direct air capture prize competitions
and the direct air capture test center. The Department is
directed to provide to the Committee not later than 30 days
after enactment of this Act the report required by section 5002
of the Energy Act of 2020.
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.
The fiscal year 2021 Act directed the Department to submit
a report that outlines the activities previously conducted
under the Energy-Water Nexus across the Department, which
activities have continued, which activities ended, and an
explanation for the termination of each activity that ended.
The Committee is still awaiting this report and directs the
Department to provide the report to the Committee not later
than 30 days after enactment of this Act. The Department is
directed to coordinate all Energy-Water Nexus activities across
EERE, OE, FECM, NE, Science, and any other relevant program
offices.
Emissions Reductions.--Energy production is a principle
contributor to U.S. greenhouse gas emissions. The Committee
recognizes the urgent necessity of reducing greenhouse gas
emissions to mitigate the impacts of global climate change, as
well as the centrality of the power sector to that effort and
opportunities for research and development of key technologies
at the Department. The Department is encouraged to integrate
considerations of climate impacts centrally into all aspects of
energy planning and funding. The Department is directed to
provide to the Committee not later than 180 days after
enactment of this Act a report outlining the Department's plans
to reduce greenhouse gas emissions in line with the United
States' Nationally Determined Contribution under the U.N.
Framework Convention on Climate Change.
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, and any other relevant program offices to maximize the
effectiveness of investments in hydrogen-related activities.
Harmful Algal Blooms.--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 research,
management, and supercomputing capabilities that may be of
assistance in the fight against harmful algal blooms. The
Department is directed to provide to the Committee not later
than 120 days after enactment of this Act 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. 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.
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 integrate
alternative fuel and energy efficiency savings throughout our
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 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 Department is directed to provide to the Committee
not later than 30 days after enactment of this Act 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 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.
Civilian Climate Corps.--The Department is directed 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
new Civilian Climate Corps in assisting communities in need and
communities interested in transitioning to the green energy
economy. The Department is directed to provide to the Committee
not later than 30 days after enactment of this Act a briefing
on its coordination with the Department of the Interior and
Department of Agriculture to ensure the Department's
capabilities, technology development, and technical assistance
can be utilized by the Civilian Climate Corps. The Department
is directed 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.
Landfill Emissions.--The Department, through EERE and FECM
and in coordination with the U.S. Environmental Protection
Agency, is directed to provide to the Committee not later than
120 days after enactment of this Act a report describing the
opportunities and challenges for technologies that capture
greenhouse gases, including methane, from municipal landfills.
The report should consider synergies between these technologies
and technologies used for carbon capture, utilization, and
storage, and the report should include a recommendation for
better utilizing and preventing greenhouse gas emissions from
landfills.
Variable Buoyancy Aircraft.--The Committee notes that
variable buoyancy aircraft may allow for direct factory-to-site
transportation of energy products, such as transformers, grid
modules, transmission towers, wind turbine blades, and
generators. The Department in coordination with relevant
federal agencies, is directed to provide to the Committee not
later than 180 days after enactment of this Act a report on the
feasibility of developing operation concepts and application
system configurations of variable buoyance cargo transportation
aircraft with internal-ballast systems. The report should
include the benefits, challenges, costs, and proper
responsibilities of particular federal agencies and the private
sector in developing the operation concepts and application
system configurations.
Digital Energy Innovation with Decentralized
Technologies.--A growing body of research and real-world
examples indicate that public, open-source decentralized
technologies, including blockchain technology, may help address
existing challenges around access to and usefulness of data
generated from energy devices in order to promote numerous
innovative digital energy solutions. The Committee notes the
promise of these technologies for unlocking the economic
potential of energy infrastructure investments happening
nationwide in renewable energy, electric vehicles, and
distributed energy resources like batteries to ensure these
devices can participate seamlessly and reliably across
different markets and scenarios. Therefore, the Committee
encourages the continued research and investment efforts
related to decentralized technologies and their application
within the energy sector. The Department is directed to provide
to the Committee not later than 270 days after the date of
enactment of this Act a report on the Department's research
activities related to public, open-source decentralized
technologies, including blockchain technology. The report
should include, but is not limited to, a discussion of all
current research related to decentralized technologies, like
blockchain; an outline of research that could be done to better
understand and utilize decentralized technologies;
recommendations for how to encourage adoption and integration
of decentralized technologies within the energy sector; and any
other relevant observations or recommendations within the field
of decentralized technologies and energy.
COVID-19 Research Delays.--The Committee recognizes the
potential impacts and delays in research caused by the effects
of the COVID-19 pandemic. The Committee notes that the
Department has taken some steps to engage scientific
professional societies, universities and colleges, and other
federal agencies to obtain up-to-date information on the
impacts to institutions and research communities to help inform
an open, transparent, and equitable response. However, the
Committee is concerned that this response has been uneven
across the Department. The Department is encouraged to consider
these impacts within the resources available. The Department is
directed to provide to the Committee not later than 60 days
after enactment of this Act a report that details the impacts
of the COVID-19 pandemic on institutions and research
communities. The report shall outline funding and costs
associated with the impacts. Further, the Department is
encouraged to include funding to address the impacts in future
budget requests.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Appropriation, 2021................................... $2,861,760,000
Budget estimate, 2022................................. 4,732,000,000
Recommended, 2022..................................... 3,768,000,000
Comparison:
Appropriation, 2021................................. +906,240,000
Budget estimate, 2022............................... -964,000,000
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, as well as federal energy
assistance programs. Since the early 1970s and in partnership
with business, industry, universities, research labs, and
stakeholders, EERE has spurred innovation of affordable,
renewable energy and energy efficiency technologies critical to
combating climate change. EERE remains at the forefront of
clean energy innovation, implementing a range of strategies
aimed at 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, and
geothermal 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, buildings, and federal energy assistance
programs, develops cost-effective solutions to reduce energy
consumption in plants, buildings, and homes.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
In carrying out deployment activities for energy efficiency
improvements, energy demand savings, use of renewable energy,
and other innovative energy technologies to reach climate
mitigation goals, the Department is encouraged to prioritize
projects at the local and regional level that use a cooperative
model of development, such as Energy Improvement Districts, to
encourage coordination between public authorities, energy
providers, property owners, and citizens.
Benefits of Renewable and Clean Energy Technologies.--The
Committee recognizes the significant impacts of the nation's
energy infrastructure on social, health, economic, and
ecological outcomes, and that successful decarbonization
efforts must consider these impacts in a holistic manner.
Therefore, the Department is encouraged to expand its efforts
to study the varied benefits of distributed, renewable, and
clean energy technologies, including their potential to 1)
address racial and economic inequality; 2) promote community
health and well-being; 3) strengthen the climate and disaster
resilience and cybersecurity of the nation's energy
infrastructure; and 4) increase democratic participation in the
energy sector. Further, the Department is encouraged to examine
how increased public and nonprofit ownership of distributed,
renewable, or clean energy infrastructure, including federal,
regional, municipal, and cooperative ownership of generation,
distribution, and transmission, can employ accountability
mechanisms to maximize the achievement of the described
benefits, while also increasing planning capacity to accelerate
the transition to a net-zero emissions economy. Finally, to
conduct interdisciplinary research on these questions, the
Department is encouraged to collaborate with other federal
agencies, such as the Department of Health and Human Services,
Department of Labor, Department of Commerce, Environmental
Protection Agency, Department of the Interior, and Department
of Homeland Security, including the Cybersecurity and
Infrastructure Security Agency.
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.
Zero Emissions Energy Credit.--The Committee notes that in
the fiscal year 2018, 2019, and 2020 Acts the Department was
directed to produce a report to evaluate the effects of a Zero
Emissions Energy Credit. The Department is directed to provide
this report not later than 15 days after enactment of this Act.
Energy Transitions Initiative.--The recommendation provides
not less than $10,000,000 for the Energy Transitions Initiative
(ETI) to address high energy costs, reliability, and inadequate
infrastructure challenges faced by islands 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.
To facilitate expansion and improvement of this initiative, the
Department is directed to provide to the Committee not later
than 180 days after enactment of this Act a report detailing:
(1) projects undertaken to date; (2) the costs and scope of
each approved project; (3) description of the evaluation
criteria used to select the grant recipients; (4) description
of how the Department accounts for a location's fossil fuel
dependence in the selection process; (5) how the Department
defines remoteness and to what degree it factors into the
selection process; (6) the effects of the initiative on
indigenous communities, including Alaska Natives, Native
Hawaiians, and American Indians; and (7) how the initiative
incorporates culturally respectful decision-making processes
and addresses unique cultural needs for areas with high
populations of indigenous peoples.
SUSTAINABLE TRANSPORTATION
The Committee directs the Vehicle Technologies, Bioenergy
Technologies, and Hydrogen and Fuel Cell Technologies offices
to work closely with the Department of Agriculture and the
private sector to develop common metrics to evaluate and
compare the impact of the emerging green hydrogen industry on
the ethanol and biodiesel industries.
Within available funds, the recommendation provides not
less than $30,000,000 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.
The Committee notes that liquified petroleum gases (LPG),
including propane gas, are increasingly being generated from
renewable sources. The Committee encourages the Department to
support demonstration projects to show the increased viability
of renewable LPG.
Vehicle Technologies.--Within available funds, the
Committee provides not less than $200,000,000 for Battery and
Electrification Technologies, including not less than
$40,000,000 for Electric Drive Research and not less than
$20,000,000 for the ReCell initiative to improve strategies to
recycle and repurpose batteries, including for use on the
electrical grid. The Committee also supports efforts to improve
cost, performance, and charging time of plug-in electric
vehicles, as well as further research into reducing the size of
vehicle batteries and reducing cobalt content. The
recommendation provides not less than $25,000,000 for the
Vehicle Technologies Office to expand its partnership with the
Advanced Manufacturing Office on efforts to scale up the
domestic battery supply chain, including battery manufacturing
demonstration projects.
The recommendation provides $10,000,000 for research and
development of new 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 advance
zero-emission technologies for off-road applications and
improving the energy efficiency of commercial off-road
vehicles, including fluid power systems.
The Committee recognizes novel engine designs can achieve
significant efficiency improvements. The recommendation
provides up to $10,000,000 to support research and development
for two-stroke opposed piston engines.
The Committee recommends not less than $100,000,000 for
Technology Integration, previously called Outreach, Deployment,
and Analysis.
The Committee directs the Department 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, and propane. Within available funds, the recommendation
provides not less than $60,000,000 for deployment through the
Clean Cities program, including 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 encourage 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 most greenhouse gases
reduction. The Committee encourages the Department to work with
the Department of Transportation and industry on coordinating
efforts to deploy EV charging infrastructure. The Committee
encourages the Department to explore ways in which the Clean
Cities Program can leverage funding to provide greater support
for electrification efforts, including in underserved
communities, recognizing the strong emissions reduction and
public health benefits delivered by electrification.
The Committee recommends not less than $50,000,000 for
Energy Efficient Mobility Systems.
The recommendation provides not less than $5,000,000 for
electric vehicle workforce development activities. 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. Considering the
complicated challenges for fleet managers and manufacturers in
designing and building vehicles capable of being operated in a
cost effective and safe manner, the Department is directed to
provide to the Committee not later than 180 days after
enactment of this Act a report that describes how the Vehicle
Technologies Office, in coordination with the Advanced
Manufacturing Office, is meeting these challenges. Further, the
Department is directed to coordinate with the Department of
Transportation to develop a roadmap for electric vehicle
transition and workforce training. The Department is directed
to coordinate with the Clean Cities Program and the Department
of Transportation to ensure all activities are aligned to meet
the goals of widespread adoption of electric vehicles.
The Department is directed to coordinate with and assist
the Environmental Protection Agency with the Clean School Bus
Grant Program.
The Committee directs the Department to carry out a nation-
wide assessment of the state of, challenges to, and
opportunities for deployment of electric vehicle charging
infrastructure in underserved or disadvantaged communities. The
Committee encourages the Department to look at urban, rural,
and suburban areas. The Committee encourages the Department to
create a publicly accessible and routinely updated registry, at
the most granular level practicable, of existing and planned
publicly accessible electric vehicle charging stations
throughout the United States. The Department is directed to
provide to the Committee not later than 90 days after enactment
of this Act a briefing on the methodology that will be used to
obtain information provided in the assessment. Further, the
Department is directed to provide the assessment to the
Committee not later than 180 days after enactment of this Act
and release the assessment on a publicly accessible website as
soon as practicable.
The Committee directs the Department to increase deployment
and accessibility of electric vehicle charging infrastructure
in underserved or disadvantaged communities through grants,
technical assistance, and community engagement. The Committee
encourages the Department to focus on electric vehicle charging
infrastructure that is publicly accessible or available to
residents of multi-unit dwellings, including public and
affordable housing, who would otherwise lack convenient access
to such infrastructure. The Committee encourages the Department
to partner with local government entities and community
organizations to increase awareness of the program benefits and
ensure that the needs and concerns of local communities are
specifically addressed.
Propane-fueled vehicles may have a lower emissions profile
than traditional gasoline powered vehicles, and the Department
is encouraged to support additional research to advance this
technology to a commercial scale.
The Department is encouraged to address technical barriers
to the increased use of natural gas vehicles, including medium
and heavy duty on-road vehicles, off-road vehicles, maritime,
and rail.
The Department is encouraged to consider the impacts of
supporting activities in any state or locality that has enacted
and is enforcing any law or order prohibiting the construction
of any type of fueling or charging station for transportation
vehicles.
Bioenergy Technologies.--The recommendation provides
$50,000,000 for Feedstock Technologies and the Biomass
Feedstock National User Facility and $40,000,000 for advanced
algal systems.
The recommendation provides $3,000,000 for research, at
commercially relevant processing scales, into affordable wood
chip fractionation technologies and other processing
improvements relevant to biorefineries in order to enable
economic production of cellulose nanomaterials and economic
upgrading of hemicelluloses and lignin.
The recommendation provides not less than $20,000,000 for
the Agile BioFoundry to continue developing methods and
technologies to advance biological engineering, to support
expanded focus on artificial intelligence and machine learning
and software development, to improve the predictive design of
organisms and pathways, to build tools accessible to the wider
scientific community, and for the purchase of state-of-
technology instrumentation that will enable better and more
expansive collaborations. A portion of the funding should be
used to support Directed Funding Opportunities to meet the
demand for collaboration by industry partners.
The Committee supports the Department's research to
integrate the use of captured carbon as feedstock in high pH
algal cultivation to maximize the production of biofuels and
bioproducts and research to develop advanced sorbent materials
to optimize direct air carbon capture.
The Committee recognizes the vital importance of forests
and grasslands as natural carbon storage. These ecosystems
provide a critical regulating function in offsetting the
nation's annual greenhouse gas emissions. The Department is
directed to consider mechanisms that will incorporate the
preservation and expansion of forests and grasslands and
metrics for natural climate solutions. The Department shall
define metrics to report the benefits of these actions on
carbon and weather growing alignment with other agencies that
have responsibility.
Hydrogen and Fuel Cell Technologies.--The recommendation
provides not less than $100,000,000 for continuation of the
H2@Scale Initiative to facilitate wide-scale hydrogen
production and utilization in the United States, to enable
resiliency of power generation and transmission, as well as the
advancement of a wide range of industrial processes for the
production of fuels, chemicals, and other materials.
The recommendation provides not less than $114,000,000 for
technologies to advance hydrogen use for heavy-duty
transportation and industrial applications and not less than
$70,000,000 for activities relevant to hydrogen as a fuel for
sustainable 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 recognizes the potential for perovskites as
catalysts and catalyst supports for hydrogen extraction from
hydrogen-rich feedstocks and carriers. The recommendation
provides $2,500,000 for research that tightly couples advanced
modeling, characterization, and controlled synthesis to
elucidate the key mechanisms in this technology. This research
should include participation by a university with demonstrated
expertise with perovskite materials.
The recommendation provides not less than $15,000,000 to
cost share the Office of Nuclear Energy hydrogen demonstration
project, including for high temperature electrolysis research
and development at a national laboratory.
The recommendation provides not less than $14,000,000 to
support ongoing efforts for high- and low-temperature
electrolyzer development. The Department is encouraged to
pursue research on large-scale low carbon intensity hydrogen
production, including high-temperature electrolysis, to enable
decarbonization of the industrial sector. The Department is
directed to consider the transactive interactions of the
electrolyzer operation with the grid as well as the development
of transportation fuels and high value chemical products from
hydrogen produced at a nuclear power plant.
Within available funds, the recommendation provides not
less than $10,000,000 for solar fuels research and development
to identify and develop entirely solar driven processes for
hydrogen production, including activities on adsorbents for
sequestering carbon dioxide and catalysts needed to activate
carbon dioxide and hydrogen. To test these processes at scale,
funds may be used to assist partners in designing, building,
and operating a continuous laboratory scale pilot plant that
integrates such systems. The Department is encouraged to
leverage research and technology advances from the Fuels from
Sunlight Energy Innovation Hub program.
Within available funds, the recommendation provides not
less than $60,000,000 for System Development and Integration,
including not less than $10,000,000 for Safety, Codes, and
Standards.
The Department is encouraged to pursue research and
partnerships with non-federal entities on large-scale low
carbon intensity hydrogen energy production, including next
generation liquefaction plants, large-scale hydrogen energy
storage, and development of systems and equipment for the
production and delivery of small-scale and large-scale hydrogen
energy. Further, the Department is encouraged to continue to
research ways to reduce the cost of hydrogen fuel production,
storage, and distribution. 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 Department is directed to provide to the Committee not
later than 120 days after enactment of this Act a briefing on
its efforts to work cooperatively with industry, university,
and laboratory partners and efforts to develop strategies and
technologies to support continued evolution and success of low-
carbon intensity hydrogen production. The briefing shall
include an outline of a technical and policy roadmap to
demonstrate how existing infrastructure can be utilized in a
transition to low-carbon intensity hydrogen production.
RENEWABLE ENERGY
Solar Energy.--The recommendation provides not less than
$60,000,000 for Systems Integration, including for
demonstration of operation of the grid with very high levels of
solar penetration.
The recommendation provides not less than $75,000,000 for
Photovoltaic Technologies.
The Committee notes that the Department recently announced
a comprehensive and systematic approach to support Cadmium
Telluride (CdTe) Photovoltaics (PV). This work will advance
low-cost manufacturing techniques and domestic research
capabilities in this important domestic sector. The Committee
notes that the United States is the leader in CdTe PV
manufacturing, contributing to high value job production in the
Midwest and elsewhere. The recommendation provides not less
than $30,000,000 for additional investments in CdTe to
implement goals of a technology roadmap developed by the
consortium for research leading to 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 PV. The
Committee further notes that this program is intended to ensure
manufacturing, development, and supply chain jobs for CdTe
technology.
The recommendation provides not less than $30,000,000 for
research, development, demonstration, and commercialization
activities focused on 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 recommendation provides not less than $20,000,000 to
continue and expand work to lower barriers to solar adoption
for low-income households, renters, multifamily homes, and
minority communities, and the Department is directed to
prioritize these activities throughout the programs of the
Solar Energy Technologies Office. This includes exploring and
providing resources on financing and business models that are
well-suited to these households and communities.
The recommendation provides not less than $50,000,000 for
Balance of System Soft Costs efforts focused on reducing the
time and costs for planning, siting, permitting, inspecting,
and interconnecting distributed and large-scale solar or
storage projects through standardized requirements, online
application systems, and technical assistance.
The recommendation provides not less than $60,000,000 for
Concentrating Solar Power Technologies. Within available funds
for Concentrating Solar Power Technologies, the recommendation
provides up to $50,000,000 to advance technologies for long-
duration storage and process heat for industrial applications.
The recommendation provides up to $20,000,000 for research,
development, demonstration, and commercialization projects to
create innovative and practical approaches to increase the
reuse and recycling of solar energy technologies.
Within available funds, the recommendation provides
$15,000,000 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 Solar Energy Technologies Office is directed to
collaborate with the Office of Indian Energy Policy and
Programs to advance demonstration, field testing, financing,
and deployment of distributed solar and energy storage
technologies for households and communities in Tribal nations
that lack connection to the electric grid.
The Department is encouraged to cooperate with industry and
academia in its research and development efforts. The
Department is encouraged to research ways to accelerate zoning
for solar projects while balancing local government interests
and access for project developers. The Committee encourages
research and development efforts to target grid storage
improvements, demand-response and load-shaping technologies,
and modeling and planning tools for distributed energy
resources.
Wind Energy.--The recommendation provides not less than
$12,000,000 for distributed wind technologies. The Department
is encouraged to continue investment in research,
competitiveness improvement, soft costs, workforce development,
and deployment. Further, the Department is encouraged to
distribute funding to expand geographic distribution of
benefits for rural communities, farmers, businesses, and U.S.
workers, with an emphasis on displaced fossil fuel workers.
The recommendation provides not less than $60,000,000 for
offshore wind, including to support competitive solicitation of
offshore wind demonstration projects. The Department is
directed to support innovative offshore wind demonstration
projects to optimize their development, design, construction
methods, testing plans, and economic value proposition.
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 support research, curriculum development, and
fellowships aimed at increasing U.S. university offshore wind
workforce development capacity in order 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.
The recommendation provides $4,000,000 for work on advanced
manufacturing of large offshore wind blades and components and
$1,000,000 for the Wind for Schools program.
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.
The recommendation provides up to $30,000,000 for
demonstration activities of onsite manufacturing of turbine
system components to enable turbine construction with blade
length greater than 75 meters.
The Committee is aware of and supports the ongoing work of
the Wind Turbine Radar Interference Mitigation working group
managed by the Wind Energy Technologies Office. The Department
is directed to provide to Committee not later than 180 days
after enactment of this Act a report on the efforts of the
working group. The report should include the status of testing,
certification and deployment of mitigation options by radar
type and department or agency; remaining steps and timelines
before mitigation options currently being developed or tested
could be available for deployment; identification of resource
gaps to achieve deployment of mitigation options currently
being tested; identification of mitigation options that are not
currently being considered due to resource constraints but may
be promising with additional resources and prioritization; and
mitigation options that have been dismissed along with an
explanation of why the option is not considered viable.
Water Power.--The recommendation provides not less than
$69,000,000 for Hydropower Technologies and up to $137,000,000
for Marine Energy. The Department is encouraged to consider the
use of existing authorities to waive cost share for water power
technology research, development, demonstration, and deployment
activities as appropriate.
The recommendation provides $5,000,000 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 $10,000,000 for small
hydropower innovation, testing, and initiatives, including
industry-led competitive solicitations for advanced turbine
demonstrations, improved environmental performance and
sustainability, operational efficiency, and standardized or
modular project deployment applications.
The Committee remains supportive of the Department's
ongoing scoping activities toward establishing a network of
hydropower testing facilities. The recommendation provides up
to $5,000,000 for design and engineering based on the outcome
of the scoping analysis. Further, the Department is directed to
provide to the Committee not later than 90 days after enactment
of this Act a briefing on its strategy for establishing these
facilities.
The recommendation provides $10,000,000 for the purposes of
sections 242 and 243 of the Energy Policy Act of 2005.
The recommendation provides not less than $24,000,000 for
the Powering the Blue Economy initiative. The Committee
supports the Department's growing investment and focus on its
Powering the Blue Economy, including cross-cutting initiatives
within the Department and with other federal partners that
integrate marine energy harvesting, energy storage, and
continuous, wide area environmental monitoring. The Department
is directed to continue leveraging existing core capabilities
within its national laboratories to execute this work, in
partnership with universities and industry.
Within available funds, the recommendation provides up to
$20,000,000 to address infrastructure needs at marine energy
technology testing sites, including general plant projects, and
support for planning activities for the staged development of
an ocean current test facility. The Committee recognizes the
challenges of decarbonizing remote communities and the maritime
sector. The Department is encouraged to continue to focus on
activities addressing the integration of clean energy systems
for remote communities and port electrification, including the
demonstration of marine, distributed wind, solar, energy
storage, improved microgrids, and local production of zero-
carbon fuels.
The recommendation provides not less than $60,000,000 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
recommendation provides up to $24,000,000 for foundational
research activities led by universities and other research
institutions affiliated with the National Marine Energy
Centers.
The recommendation provides up to $10,000,000 to continue
development and construction of an open water, fully energetic,
grid connected wave energy test facility. The recommendation
provides up to $5,000,000 for the Department to continue its
support of operations at the Atlantic Marine Energy Center to
accelerate the transition of wave and tidal energy technologies
to market. The recommendation provides up to $8,000,000 for
continuation of the Testing Expertise and Access for Marine
Energy Research initiative.
The recommendation provides up to $35,000,000 to expand the
HydroWIRES program to enhance the flexibility of America's
hydropower and pumped storage hydropower resources, including
support for research, development, and demonstration to advance
pumped storage hydro projects.
The Department is encouraged to continue efforts for
increased grid reliability, integration of other energy
resources, and energy-water systems resilience, such as
hybridized hydropower and battery storage applications,
microgrids, and machine learning.
The Committee supports the efforts of the Department to
promote irrigation modernization as an opportunity for
promoting thriving agriculture, decarbonization, sustainable
water management, and rural community wellbeing. The Department
is directed to build on the pre-engineering design tool for
irrigation modernization and conduct demonstration and
deployment activities.
The Committee recommends the Department 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 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 Department is
directed to provide to the Committee not later than 180 days
after enactment of this Act a 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. This
report shall include completed, ongoing, and planned OTEC and
SWAC projects in non-contiguous states and U.S. territories.
The report shall also include recommendations to address
barriers to expanding OTEC and SWAC technologies.
Geothermal Technologies.--The Department is directed to
focus on all stages of research and development, market
transformation activities to advance geothermal strategies, and
implementation of the recommendations outlined in the GeoVision
study.
The recommendation provides up to $75,000,000 for enhanced
geothermal system demonstrations and next-generation geothermal
demonstration projects in diverse geographic areas. The
Department is encouraged to consider at least one 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. Further, the Department is encouraged to
consider at least one such super-hot rock demonstration that
showcases innovative drilling methods, such as energy drilling,
to depths of 10 kilometers or more.
The recommendation provides not less than $20,000,000 for
research, development, and demonstration efforts in super-hot
rock geothermal technology.
The recommendation provides not less than $20,000,000 for
Low Temperature and Coproduced Resources, including research,
development, and demonstration for activities such as critical
mineral recovery, deep-direct use, thermal storage, and closed-
loop systems.
The Committee notes the emergence of geothermal systems in
the United States and the potential to produce sustainable
electricity, reduce carbon emissions, and diversify energy
options while creating business and job opportunities. The
Department is directed to conduct investigations of geothermal
resource prospects to the degree necessary for determination of
potential generation capacity as well as the technical and
economic viability to serve as a renewable, secure source of
electrical, space conditioning, and thermal processing needs as
appropriate to demands for Department of Defense installation
lands as well as immediately adjacent public lands located in
non-contiguous states and U.S. territories.
ENERGY EFFICIENCY
Advanced Manufacturing.--The recommendation provides
$25,000,000 for the Energy-Water Desalination Hub and not less
than $5,000,000 for improvements in the steel industry.
The Committee notes that industrial drying processes
consume approximately 10 percent of the process energy used in
the manufacturing sector. The recommendation provides
$10,000,000 to improve the efficiency of industrial drying
processes.
The Committee recognizes the potential for energy savings
in water and wastewater treatment systems, which are among the
country's largest industrial electricity users. The Committee
appreciates the Department's work on technical assistance in
this area and provides $5,000,000 to expand the technical
assistance provided for water and wastewater treatment. The
Department is directed to provide to the Committee not later
than 120 days after enactment of this Act a briefing on its
plan to ensure the technical assistance is aligned with the
related programs operated by the U.S. Environmental Protection
Agency and the U.S. Department of Agriculture to assist
communities that seek to upgrade systems to utilize energy
efficient and alternative energy improvements at these
facilities. The Department is directed to summarize its efforts
to work with key stakeholders in this area, including
wastewater and drinking water providers, to maximize the
investment of these dollars to high priority targets. In
addition, 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 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 Manufacturing Demonstration Facility and
universities and industry located in areas where existing
industry is clustered to accelerate technology deployment and
increase the competitiveness of U.S. manufacturing industries.
The recommendation provides up to $20,000,000 to continue
development of additive manufacturing involving nanocellulose
feedstock materials made from forest products. The Department
is directed to conduct this work in partnership with the
Manufacturing Demonstration Facility (MDF) in order to leverage
expertise and capabilities for large scale additive
manufacturing.
The recommendation provides not less than $20,000,000 for
the Advanced Manufacturing Office to work in coordination with
Hydrogen and Fuel Cell Technologies Office to support high-
impact activities for the development and deployment of
hydrogen and fuel cell technologies, including on the economic
use of low-carbon hydrogen for industrial processes.
The recommendation provides up to $25,000,000 for a
competitive solicitation to accelerate development of
manufacturing processes needed for micro-battery technologies.
The Department is encouraged to support awards that include
strong end user participation and a clear path to market
adoption.
The recommendation provides $25,000,000 for the
Manufacturing Demonstration Facility (MDF) and the Carbon Fiber
Technology Facility. Within available funds for MDF, the
recommendation provides $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.
The recommendation provides not less than $10,000,000 for
conversion and retooling of manufacturing industrial
facilities, such as authorized by section 132 of the Energy
Independence and Security Act of 2007 and section 712 of the
Energy Policy Act of 2005, to support the domestic auto
industry and to retain American competitiveness in building the
vehicles of the future.
The recommendation provides $20,000,000 for process-
informed science, design, and engineering materials and devices
in harsh environments, including nuclear environments, and to
demonstrate integrated energy systems applied to decarbonized
steel making and refractory materials, including net zero or
high-temperature hydrogen-based decarbonization. The
recommendation provides $10,000,000 for continued research for
dynamic catalyst science coupled with data analytics.
The recommendation provides not less than $20,000,000 for
electric vehicle battery manufacturing. The Department is
directed to prioritize funding to partnerships and consortiums
that include private industry, universities, and nonprofit
organizations with expertise in electric vehicle manufacturing,
electric vehicle workforce development, and regional innovation
development.
The recommendation provides $10,000,000 for research,
development, and demonstration activities that will enable U.S.
manufacturers to increase the recovery, recycling, reuse, and
remanufacturing of plastics, metals, electronic waste, and
fibers.
The recommendation provides up to $10,000,000 for technical
assistance grants, in coordination with the Building
Technologies Office, to enable small- and medium-sized
businesses to create independently verified and comparable
assessments of the lifecycle emissions impact of construction
materials using environmental product declarations. The
Department is encouraged to work with the U.S. Environmental
Protection Agency, National Institute of Standards and
Technology, General Services Administration, and Office of
Federal Procurement Policy on any efforts related to assessing
lifecycle emissions of different materials and products.
The recommendation provides up to $25,000,000 for the
Industrial Assessment Centers (IAC). The Department is
encouraged to support regions that are currently designated as
underserved through the IAC program.
The recommendation provides $13,000,000 to provide ongoing
support for the Combined Heat and Power (CHP) Technical
Assistance Partnerships (TAP) and related CHP activities.
Recent advancements in machine learning have opened the
door to increase the efficiency and sustainability of gold and
silver metal extraction. The recommendation provides up to
$10,000,000 for the issuance of a competitive solicitation for
industry-led teams to improve the efficiency and sustainability
of gold and silver extraction through artificial intelligence
and machine learning.
The recommendation provides up to $10,000,000 for efforts
to promote Strategic Energy Management practices and up to
$30,000,000 for competitive grants to companies for the hiring
or designation of plant energy managers. The Department is
encouraged to focus efforts related to Strategic Energy
Management on small- and medium-sized manufacturing. The
recommendation provides up to $55,000,000 for the Better Plants
program to offer comprehensive assessment and engagements to
the largest greenhouse gas emitting manufacturing facilities.
The recommendation provides up to $60,000,000 for competitive
grants to provide cost-share payments to manufacturing plants
for the installation of underutilized, existing low-carbon
technologies. The recommendation provides up to $30,000,00 for
support of the development and adoption of smart manufacturing
practices directed toward small- and medium-sized
manufacturers. The recommendation provides up to $55,000,000
for research, development, and deployment to develop and
promote the adoption of technologies that can dramatically
reduce the greenhouse gas emissions from process heating
applications.
The recommendation provides up to $20,000,000 for the
development of transformative processes for manufacturing-
related carbon dioxide separation and utilization. The
Department is directed to coordinate with the Office of Fossil
Energy and Carbon Management as it proceeds with this work. The
Department is encouraged to support research and development on
carbon capture, utilization, and storage with an emphasis on
utilization within industry processes and materials, low-carbon
fuels, transformative technology that will allow deep
industrial decarbonization, materials efficiency and circular
economy, carbon intensity definitions and labeling across key
product groups, and the steel industry.
The Department is directed to carry out activities in
accordance with title VI of the Energy Act of 2020. The
Committee supports the expanded use of smart manufacturing
technologies across a broad range of industrial users and
encourages the Department to continue activities to lower the
adoption hurdles of these emerging and transformative
technologies.
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 Department is directed
to provide to the Committee not later than 90 days after
enactment of this Act a briefing on the potential benefits and
considerations of renewing or extending existing CEMI
agreements, including extensions of not less than five years.
The Department is encouraged to coordinate with the Solar
Energy Technologies Offices on the use of solar technologies
for long-duration storage and process heat for industrial
applications.
The Committee remains supportive of the Critical Materials
Energy Innovation Hub.
To remain competitive, the U.S. aerospace industry must
continually increase efficiencies to meet increasing production
rate demands. The Committee recognizes the Department's success
in partnering with industry to solve its most challenging
problems, including the development and deployment of
artificial intelligence and machine learning. The Department is
encouraged to continue to support the application of machine
learning to increase efficiencies in large-scale, high-rate
aerostructures manufacturing.
Silicon carbide ceramic matrix composites have been proven
as a capable material for high temperature applications. The
Department is encouraged to continue its efforts regarding
silicon carbide components.
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 its decarbonization roadmaps in key technology
areas to guide research and development at the Department to
achieve significant, economical greenhouse gas emission
reductions by 2050, including energy efficiency, process
electrification, industrial electrification technologies, and
carbon capture.
The Committee recognizes the growing need for the use of
more sustainable chemistry in consumer and commercial products,
which can create significant value as an economic opportunity
for U.S. manufacturing. The fiscal year 2021 Act directed the
Department to provide a report exploring how incorporating
sustainable chemistry in consumer and commercial manufacturing
processes fits within its research and development portfolio
and can benefit these processes. The Committee is still
awaiting this report and directs the Department to provide the
report to the Committee not less than 30 days after enactment
of this Act.
The Committee supports the Department's efforts to develop
the next generation of energy and manufacturing entrepreneurs
through the Lab-Embedded Partnership Programs. The Department
is directed to brief the Committee not later than 90 days after
enactment of this Act on the status of existing programs and
the potential for establishing additional programs at national
laboratories or DOE sites.
The Committee encourages continued efforts at the Lithium
Research Center to convert lithium chloride to lithium
hydroxide. The Department is encouraged to support activities
for the purposes of developing and building capabilities to
process lithium ore into cathode-grade material of lithium
hydroxide.
Building Technologies.--The recommendation provides not
less than $60,000,000 for Commercial Building Integration, not
less than $60,000,000 for Residential Buildings Integration,
and not less than $60,000,000 for Equipment and Building
Standards. Within available funds for Equipment and Building
Standards, the recommendation provides not less than
$10,000,000 for Building Energy Codes to increase training,
including certifications, and provide technical assistance to
states, local governments, regional collaboratives, workforce
development providers, homebuilders, office builders,
architects, 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. Within available funds, the
recommendation supports smart building acceleration, as
authorized in section 1007 of the Energy Act of 2020, and the
Department is directed to prioritize these activities.
The recommendation provides up to $40,000,000 to expand
efforts to accelerate adoption of electric heat pumps. The
recommendation provides up to $50,000,000 for activities to
accelerate grid-enabled buildings and reduce barriers to
dynamic, responsive building energy use that can meet
customers' needs and support a reliable electric grid.
The Department is directed to develop programs to support a
skilled, robust, diverse, and nationally representative energy
efficiency and building electrification workforce. The
recommendation provides up to $30,000,000 for these activities.
The Department is encouraged to collaborate with the Department
of Education and the Department of Labor on educational and
worker training programs. Further, the Department is encouraged
to develop strategies and activities to increase adoption of
energy-saving and emissions-reducing technologies for low-
income households, multifamily buildings, and minority
communities.
The recommendation provides up to $40,000,000 for solid-
state lighting, including field evaluations that examine the
potential of advanced, tunable lighting to deliver health,
wellness, and productivity benefits, in addition to greater
energy efficiency. If the Secretary finds solid-state lighting
technology eligible for the Twenty-First Century Lamp prize,
specified under 655 of the Energy Independence and Security Act
of 2007, $5,000,000 shall be made available to fund the prize
or additional projects for solid-state lighting research and
development.
The recommendation provides $5,000,000 for the
establishment of a Heat Pump Consortium to integrate and deploy
heat pump technologies in a joint industry partnership. The
Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing on how the
consortium will incorporate thermal heat pump technologies.
The Committee notes that natural gas and propane gas
currently play a role in meeting energy needs of U.S. homes and
commercial buildings. While the Department is encouraged to
focus its natural gas and propane gas activities on energy
efficiency efforts, including applications that integrate with
renewables, the Department is directed to phase down all
research, development, and commercialization work related to
gas systems and appliances. Further, the Department is
encouraged to study the future market commercialization of
combined heat and power, including integration with renewables,
and how the commercialization will increase energy efficiency
efforts nationwide.
The Department is directed to continue to fulfill its
statutory obligation to promulgate natural gas appliance
standards and to provide support for building energy codes
development and adoption.
The Department is encouraged to continue to invest in
transactive energy and control research, development, and
demonstration activities to allow buildings, energy generation
and storage assets, and the electrical grid to seamlessly
interact to enhance reliability, security, and efficiency of
the nation's electrical distribution systems. The effort should
be implemented at an existing, successful development and
demonstration platform at a university center. The Department
is encouraged to emphasize the integration of renewable energy
assets, such as photovoltaics, associated hardware and software
development, and the establishment of a living and learning
laboratory that integrates training of new and current
professionals.
The Department is directed to expand its work to advance
building upgrades and weatherization of homes, as well as to
advance work in grid-integrated efficient buildings and
inclusion of smart grid systems, demand flexibility and new
initiatives in workforce training to ensure the technology and
research findings reach practitioners. The Committee encourages
funding to be used to facilitate widespread deployment and
dissemination of information and best practices through direct
engagement with builders, labor organizations, equipment
manufacturers, smart grid technology and systems suppliers,
integrators, state and local governments, and other market
transformation activities. The Department is encouraged to
support deep whole-house energy efficiency retrofits, including
outreach, engagement, and training to private sector
contractors, and encouraged to continue efforts to advance
smart home technology.
The Building Technologies Office is encouraged to
collaborate with other offices throughout the Department,
especially including efforts pertaining to improved building-
to-grid interactions and integration of energy storage and
renewable energy.
The Department is directed to provide to the Committee not
later than 120 days after enactment of this Act a briefing
outlining the opportunities and challenges in deploying energy
efficient building technologies to public buildings and
buildings that host providers, such as food banks, serving
community needs. The briefing should estimate the resource
potential, outline mechanisms that could be employed to
overcome the challenges of wide-spread deployment of energy
efficient technologies, and the potential role of other federal
agencies.
Within available funds for Emerging Technologies, the
Committee encourages activities for heating, ventilation, and
air conditioning (HVAC) and refrigeration research,
development, and demonstration, to include heat pumps, heat
pump water heaters, and boilers. The Department should focus
efforts to address whole building energy performance and cost
issues to inform efforts to advance beneficial electrification
and greenhouse gas mitigation without compromising building
energy performance.
Federal Energy Management Program.--The recommendation
provides not less than $20,000,000 for the Department to
continue its work through the Assisting Federal Facilities with
Energy Conservation Technologies (AFFECT) program.
The recommendation provides not less than $2,000,000 for
workforce development and the Performance Based Contract
National Resource Initiative. The fiscal year 2020 Act directed
the Department to provide a report that outlines the types of
technical and financial expertise the Department is suited to
provide and includes an analysis of the available
infrastructure work that can be accomplished through
performance-based contracts over a 10-year period and the
resources necessary to achieve this goal. The Committee is
still awaiting this report and directs the Department to
provide this report not later than 15 days after enactment of
this Act.
The Department is directed to establish an improved process
to assist in guiding infrastructure investments through energy
performance contracts management, including, but not limited
to, Energy Savings Performance Contracts (ESPCs) and Utility
Energy Savings Contracts (UESCs), to effectively and
efficiently reduce energy costs, reduce greenhouse gas
emissions, and improve facilities. The Department is directed
to conduct a solicitation for the Indefinite Delivery,
Indefinite Quantity in fiscal year 2022 if additional funds are
available for these activities that were not included in this
Act. The Department is directed to ensure the availability of
sufficient acquisition staffing resources to address energy
saving measures, as well as to streamline and find efficiencies
in the approval of projects to continue to provide climate,
resilience, and economic benefits.
Weatherization and Intergovernmental Programs.--Within
available funds for Training and Technical Assistance, the
recommendation provides $500,000 for technical assistance to
continue the Sustainable Wastewater Infrastructure of the
Future Accelerator.
Within available funds for the Weatherization Assistance
Program (WAP), the recommendation provides $3,000,000 to
support community-scale weatherization. The Department is
directed to make these funds available directly to WAP grantees
that present targeted and innovative use of these dollars to
model methods for WAP integration with the various other
weatherization programs, including but not limited to the HOME
Investment Partnership Program, Low-Income Home Energy
Assistance Program, and private utility supported
weatherization funds. The grants shall be used to weatherize
multiple homes as part of an integrated weatherization approach
or for community groups as they attempt to take a broader
approach to weatherization at mobile home communities, multi-
family units, or in communities that share a common small-scale
alternative energy resource. These community-scale grants may
also test new models for effectively enrolling multiple
individuals across a targeted community or incorporating the
broader health impacts of weatherization as WAP organizations
attempt to enroll individuals across a neighborhood or multi-
home approach. The Department is directed to regularly brief
the Committee on progress to implement these community-scale
weatherization grants.
The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing
relating to ongoing efforts at the Department to collaborate
with partners at Department of Health and Human Services, the
Department of Housing and Urban Development, and the Department
of Veterans Affairs. 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.
The Committee recognizes that WAP is particularly important
for bringing energy efficiency to communities that most need
it. The Committee notes the importance of WAP to directly fund
building retrofits and its important role focusing on equity,
including moderating energy demand and the cost burden faced by
low-income communities. The Committee also recognizes the
importance of the State Energy Program's (SEP) support for a
wide range of state energy initiatives, including energy
audits, building retrofits, and alternative vehicles
purchasing. The Committees notes that SEP also ensures the
safety, security, and resilience of the grid in the face of
increasing weather events.
The Committee recognizes the importance of providing
federal funds under the Weatherization and Intergovernmental
Program to states 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 encouraged to obligate funds
recommended for WAP and SEP to states, tribes, and other direct
grantees not later than 60 days after enactment of this Act.
The Committee is concerned with the reduction of staff at the
Office of Weatherization and Intergovernmental Programs and
directs the Department to achieve staffing levels that will
allow it to provide robust training, technical assistance, and
oversight for WAP and SEP.
In consultation with the Department of Housing and Urban
Development, the Department is encouraged to investigate how
the federal government can act immediately to fund, support,
and expand state and local efforts to decarbonize low- and
moderate-income housing through beneficial electrification of
heating and cooling, including as part of efforts to conduct
healthy, deep energy retrofits in such housing. The Department
is further encouraged to collaborate with the Department of
Housing and Urban Development to outline potential
implementation pathways to achieve healthy, deep energy
retrofits of 10 to 15 million low-income homes, including in
all federally subsidized housing, by 2030, including the
installation of all-electric systems to lower energy bills and
eliminate carbon emissions. The Department is directed to
provide to the Committee not later than 90 days after enactment
of this Act a written status update on these activities.
Weatherization Readiness Fund.--The Committee supports the
creation of a new Weatherization Readiness Fund to enable more
low-income households to receive Weatherization Assistance
Program support by providing funds to address structural and
health and safety issues to reduce the frequency of deferred
homes that are not weatherization ready when WAP work crews
enter the home to perform retrofit services.
Local Government Clean Energy Workforce Program.--The
Committee supports the Local Government Clean Energy Workforce
Program to provide competitive awards, on-site capacity, peer
exchanges, and technical assistance to support the development
and deployment of transformative clean energy programs that
create good paying jobs working with qualifying local
governments and tribal nations, with a focus on energy
communities and disadvantaged or small-to-medium jurisdictions.
The Department is encouraged to consider projects that
implement best practices to advance energy efficiency adoption,
building and vehicle electrification, grid modernization,
distributed electricity generation, and workforce development
at the local level. These activities should include work with
and support for organizations that convene and support
municipal governments.
Build Back Better Challenge Grants.--The Committee supports
the proposed Build Back Better Challenge Grants program. 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 where entities apply to the
Department. Eligible entities shall include states, local
governments, communities, U.S. territories, and tribes. The
Department is directed to provide to the Committee not later
than 30 days after enactment of this Act and prior to
obligation of any funds a briefing on its implementation plan
for the Build Back Better Challenge Grants program.
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 consider 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, and to require that funded projects pay
wages at rates not less than those prevailing on similar
construction, alteration, installation, or repair work in the
locality as determined by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States
Code.
The Department is encouraged to consider grants to units of
local government to develop building energy efficiency retrofit
programs to conduct energy efficiency audits and purchase
energy efficiency upgrades for residential and commercial
properties.
The Department is encouraged to support projects that
combine geothermal technologies with other emissions reduction
technologies, such as solar, buildings, and efficiency
technologies.
The Committee believes it is critical that there is access
to funding and support that helps to prevent future electricity
disruptions, including support for local communities. The
Department is encouraged to provide grants to entities for
activities and infrastructure that ensure the electric grid is
safe and secure from events that may disrupt it, including
support for electric grid infrastructure such as transmission
and distribution.
The Department is encouraged to consider projects that
implement best practices to advance energy efficiency adoption,
building and vehicle electrification, grid modernization,
distributed electricity generation, and workforce development
at the local level. These activities should include work with
and support for organizations that convene and support
municipal governments.
The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a report on how
the Department is implementing the Build Back Better Challenge
Grants program.
CORPORATE SUPPORT
Facilities and Infrastructure.--The Committee supports
efforts on the Energy Materials and Processing at Scale
facility, Advanced Research in Integrated Energy Systems, and
computing infrastructure.
Program Direction.--The Committee appreciates the
Department's aggressive strategy to ensure that EERE is
appropriately staffed to execute and oversee the funds provided
by the Committee. The Committee expects continued, regular
updates on its progress.
Strategic Programs.--The recommendation provides not less
than $3,000,000 for Technology-to-Market, not less than
$10,000,000 for Strategic Analysis, and not less than
$4,500,000 for Communications and Outreach.
Cybersecurity, Energy Security, and Emergency Response
Appropriation, 2021................................... $156,000,000
Budget estimate, 2022................................. 201,000,000
Recommended, 2022..................................... 177,000,000
Comparison:
Appropriation, 2021................................. +21,000,000
Budget estimate, 2022............................... -24,000,000
The Cybersecurity, Energy Security, and Emergency Response
program leads the Department's efforts to secure the nation's
energy infrastructure against all hazards, reduce the risks of
and impacts from cyber events and 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.
The nation continues to face global cybersecurity threats
from nations such as Iran, Russia, and North Korea that have
launched documented cyberattacks on the country. Because of
their unique location and geography, island states and
territories host a disproportionate amount of our national
security and defense forces, putting island states and
territories and the electric grid infrastructure at risk.
Remote island communities also face the added burden of not
being able to integrate with mainland infrastructure and are
excluded from designations and programs such as the Defense
Critical Electrical Infrastructure, which may otherwise afford
these communities with additional resources. The Committee
encourages the Department to work with electric cooperatives,
public utility districts, investor-owned utilities, and
municipal utilities serving island communities to plan and
build out needed cybersecurity infrastructure. The Department
is directed to submit to the Committee not later than 180 days
after enactment of this Act a report assessing the current
vulnerabilities of island communities and how the Department
can provide resources and technical assistance to mitigate
vulnerabilities.
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.
The Committee is concerned about the substantial and
growing threat from cybersecurity attacks to the electrical
grid. 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 recommendation provides not less than
$2,000,000 for digital twin projects to enable essential
collaborator participation and their integration into the
effort.
The recommendation provides up to $20,000,000 for the Cyber
Testing for Resilient Industrial Control System (CyTRICS)
program.
Risk Management Technology and Tools.--The recommendation
provides up to $10,000,000 for consequence-driven cyber-
informed engineering and $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.
The recommendation includes not less than $2,000,000 to
continue the establishment of a network of university-based,
regional energy cybersecurity centers. The centers should
address interrelated research and development challenges of
cybersecurity and critical energy infrastructure and develop a
trained, globally competitive workforce. The centers should be
distributed regionally across the country to leverage regional
utilities, national laboratories, and regulatory bodies and
take into account the distinctive characteristics of each
region's electricity system, network of oil and gas
infrastructure, and workforce expertise. The Department is
directed to coordinate these activities with the Office of
Electricity and the Office of Energy Efficiency and Renewable
Energy.
Response and Restoration.--The Committee places a high
priority on ensuring the protection of the electric 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 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;
and analysis of evolving threats and hazards to energy
infrastructure.
Information Sharing, Partnerships, and Exercises.--The
Information Sharing, Partnerships, and Exercises program
supports energy sector security and resilience through
coordination with government and industry partners. This
program provides technical assistance that incorporates
exercises to strengthen federal, regional, state, tribal, and
territorial abilities to work together to prepare for and
mitigate the effects of an energy sector emergency and focuses
on training the next generation workforce on energy sector
risks.
Electricity
Appropriation, 2021................................... $211,720,000
Budget estimate, 2022................................. 327,000,000
Recommended, 2022..................................... 267,000,000
Comparison:
Appropriation, 2021................................. +55,280,000
Budget estimate, 2022............................... -60,000,000
The Office of Electricity advances technologies and
provides operational support to increase the efficiency and
technological advancement of the nation's electricity delivery
system. The power grid employs aging technologies at a time
when power demands and the deployment of new energy
technologies are imposing new stresses on the system. This
program aims to develop a modern power grid by advancing
resilient power distribution systems, intelligent and high-
efficiency grid components, and energy storage systems.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
Transmission Reliability and Resilience.--The
recommendation provides not less than $1,000,000 for sensors
and analytics technologies.
The fiscal year 2021 Act directed the Department to conduct
a case study on regional, wide-spread deployment of dynamic
line rating technologies to assess the potential benefits and
costs. The Committee is still awaiting this case study and
directs the Department to provide the report not later than 60
days after enactment of this Act.
The fiscal year 2021 Act directed the Department to provide
a report on ways to maximize utilization of the existing
electricity delivery system by enabling dynamic line ratings,
dynamically controlling the flow of electricity, and optimizing
electricity delivery system topology. The 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 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 30 days after enactment of this Act.
Energy Delivery Grid Operations Technology.--The
recommendation provides up to $10,000,000 for the DarkNet
project.
Resilient Distribution Systems.--The recommendation
provides up to $10,000,000 for 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.
Within available funds, the Committee directs the
Department to continue efforts to support the integration of
sensors into the nation's electric distribution systems,
fundamental research and field validation of microgrid
controllers and systems, and transactive energy concepts,
including studies and evaluations of energy usage behavior in
response to price signals. The Committee places a high priority
on addressing the challenges facing the electric power grid by
developing the innovative technologies, tools, and techniques
to modernize the distribution portion of the electricity
delivery system. Resilient Distribution Systems pursues
strategic investments to improve reliability, resilience,
outage recovery, and operational efficiency, building upon
previous and ongoing grid modernization efforts. In addition to
emerging fuel technologies for distributed grids, the Committee
recommends that currently available distributed fuels, such as
propane fueled microgrids, be evaluated.
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 Committee directs the Department to
coordinate research about the opportunity and needs for new
digital solutions built with public, open-source decentralized
technologies to support electric grid modernization efforts.
The recommendation provides not less than $15,000,000 for
demonstration projects with the Grid Sensors and Sensor
Analytics program. The demonstration activities may focus on
utilizing data from advanced sensors that are deployed on
existing transmission and distribution lines to predict or
detect vegetation contact to mitigate wildfires and wildfire
impacts. Further, the demonstration activities may focus on
measuring the condition of utility poles in terms of their
position, impacts, the presence of high temperatures, and
measuring the condition of conductors at the attachment points
to utility poles in terms of their position and impacts. Data
from the sensors should be utilized to provide useful and
immediate analytics to improve the safety of the general public
and improve electrical distribution network performance
indices. The demonstration activities may also include post-
weather or fire event assessments on what assets have been
compromised and need replacement.
Energy Storage.--The recommendation 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 wholly U.S.-made,
sourced, and supplied. The Department is directed to include
large scale commercial development and deployment of long cycle
life, lithium-grid scale batteries and their components.
The Committee continues to support at least one pilot
energy storage project that demonstrates business model
innovation targeted at cost-effective deployment through
aggregation in rural electric cooperatives and municipal
utilities. The Department is encouraged to focus on reducing
the soft costs of novel project design and optimization and
developing legal and power purchase model agreements that can
be replicated in cooperatives elsewhere in the nation, reducing
future costs for deployment of energy storage projects. As a
part of this pilot, the Committee recommends funding of at
least one project for demonstration through the deployment and
optimization of on-grid storage assets.
Cyber R&D.--The recommendation provides up to $5,000,000
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 Cybersecurity, Energy Security, and
Emergency Response.
Transformer Resilience and Advanced Components.--The
recommendation includes up to $5,000,000 for the Grid Research
Integration and Demonstration Center to advance technologies in
support of modernizing the electric delivery system and
understanding the nation's electricity infrastructure using
real-time data.
The recommendation provides up to $2,000,000 to further
assess composite utility poles in controlled and field tests.
The fiscal year 2021 Act directed the Department to submit to
the Committee a report that assesses the performance of
composite poles. The Committee is still awaiting this report
and directs the Department to provide the report not later than
90 days after enactment of this Act.
Nuclear Energy
Appropriation, 2021................................... $1,507,600,000
Budget estimate, 2022................................. 1,850,500,000
Recommended, 2022..................................... 1,675,000,000
Comparison:
Appropriation, 2021................................. +167,400,000
Budget estimate, 2022............................... -175,500,000
Nuclear power generates approximately one-fifth of the
nation's electricity and continues to be an important zero
carbon-emissions energy source. The Department of Energy's
Nuclear Energy (NE) program invests in research, development,
and demonstration activities that develop the next generation
of clean and safe reactors, further improve the safety and
economic viability of our current reactor fleet and contribute
to the nation's long-term leadership in the global nuclear
power industry.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
Advanced nuclear technologies hold potential for reliable,
safe, emission-free energy. The Department is encouraged to
prioritize funds on activities related to advancing the goal to
demonstrate private-sector advanced reactor designs and fuel
types by the late 2020s.
Nuclear Energy University Program (NEUP).--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to certain Nuclear Energy Research and Development programs to
fund university-led R&D and university infrastructure projects
through an open, competitive solicitation process using
formally certified peer reviewers. The Department is directed
to continue this practice, including determining which programs
are appropriate consistent with previous years, with not less
than $40,000,000 for R&D activities performed at U.S. colleges
and universities. The Department is directed to provide to the
Committee not later than 180 days after enactment of this Act a
briefing on progress in addressing concerns and implementing
improvements recommended by the Nuclear Engineering Department
Heads Organization. The Department is directed to provide to
the Committee quarterly briefings on the status of NEUP and the
university work being funded.
Integrated University Program.--The Committee is alarmed by
the statistics highlighting the severe shortage of highly
trained nuclear specialists and the lack of academic programs
to train and prepare individuals for work in the nuclear
sector. The recommendation includes $6,000,000 to continue the
Integrated University Program, which is critical to ensuring
the nation's nuclear science and engineering workforce in
future years.
Thorium Molten-Salt Reactor Program.--The Committee is
aware of both interest in and concerns with thorium molten-salt
reactors (TMSR). The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act a
report indicating whether the Department is working with any
other nations to develop TMSR programs. The report should also
include suggestions and considerations for Congress regarding
the development of a domestic TMSR program, including the
potential benefits and challenges of the technology, necessary
infrastructure investments, fuel cycle considerations,
proliferation issues, and the potential for using the federal
U-233 supply and any resulting impacts to cleanup milestones or
costs of cleanup or security activities related to the supply.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Crosscutting Technology Development.--The recommendation
includes $5,000,000 to support and expand research
collaborations, which may include a consortium, between
research universities and national laboratories utilizing
existing capabilities and infrastructure focused on the
benefits, as well as vulnerabilities of digital instrumentation
for existing and future nuclear reactors, including the use of
new approaches, such as predictive analytics, machine learning,
and artificial intelligence, to improve reactor safety and
performance and address cybersecurity issues. The
recommendation includes not less than $5,000,000 to continue
activities related to materials development, including through
public-private partnerships, to develop new materials the
nuclear industry will need in the future. The recommendation
provides $10,000,000 for integrated energy systems and
$5,000,000 to support the Gateway for Accelerated Innovation in
Nuclear (GAIN) program.
Nuclear Science User Facilities.--The recommendation
includes not less than $10,000,000 for computational support
and $3,000,000 for Nuclear Materials Discovery and
Qualification.
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. Acknowledging the tremendous
recent advances that have been made in microreactor research
and development, the TCR effort ended in fiscal year 2021. The
Department is directed to support crosscutting research
initiated under TCR through the Crosscutting Technology
Development program.
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 $50,000,000, including $2,000,000 for Mining,
Shipping, and Transportation; $33,000,000 for Advanced Nuclear
Fuel Availability; and not less than $15,000,000 within
Material Recovery and Waste Form Development.
Advanced Nuclear Fuel Availability.--The Committee supports
establishment of an 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 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 still
awaiting this report. Section 2001(b)(2) of the Energy Act of
2020 requires the Department to submit to Congress a report on
a program to support the availability of HALEU for civilian
domestic demonstration and commercial use. The Department is
directed to submit these reports to the Committee not later
than 30 days after enactment of this Act and not less than 60
days prior to the obligation of more than 75 percent of these
funds. The Department is directed to disburse these funds on a
competitive basis.
The Department is directed to provide to the Committee not
later than 30 days after enactment of this Act the Alternate
Fuels Report required by section 2001(b)(3) of the Energy Act
of 2020.
Material Recovery and Waste Form Development.--The
recommendation provides not less than $15,000,000 for EBR II
Processing for HALEU.
Accident Tolerant Fuels.--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 fiscal year 2022 funds.
Used Nuclear Fuel Disposition R&D.--The recommendation
provides $5,000,000 for advanced reactor used fuel disposition
to address used fuel from TRISO-fueled and metal-fueled
advanced reactors, with specific focus on near-term
implementation challenges such as used fuel packaging at
potential advanced reactor sites.
Integrated Waste Management System.--The Department is
directed to continue site preparation activities at stranded
sites, to evaluate the re-initiation of regional transport, and
undertake transportation coordination efforts.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--The recommendation
provides $145,000,000 for ongoing demonstration activities.
Light Water Reactor Sustainability.--The recommendation
provides not less than $10,000,000 to support new or previously
awarded hydrogen demonstration projects.
Advanced Reactor Technologies.--The recommendation provides
not less than $15,000,000 for Advanced Reactor Concepts
Industry Awards and $25,000,000 for MW-scale reactor research
and development, including $9,000,000 for MARVEL. The
Department is encouraged to move expeditiously on the
solicitation and award of these funds and to streamline its
procurement process to ensure implementation is not delayed.
The recommendation provides up to $5,000,000 for the
research and development of advanced isotope separation process
for Molten Salt Reactors (MSRs) to ensure the ongoing
development of the isotope separation process needed to provide
required materials for inherently safe, Generation IV MSRs, as
well as a domestic source of lithium isotopes for nuclear
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 continue to focus resources on partners capable
of project delivery in the next five to seven years. The
Committee encourages the Department to consider including the
Milestone-Based Demonstration Projects approach as authorized
in section 9005 of the Energy Act of 2020 for existing ARDP
awards.
National Reactor Innovation Center.--The recommendation
provides up to $48,000,000 for capital design and construction
activities for demonstration reactor test bed preparation at
Idaho National Laboratory supporting reactor demonstration
activities. The Department shall submit a Construction Project
Data Sheet for each such applicable project that is expected to
exceed the minor construction threshold.
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.
INL Facilities Operations and Maintenance.--The
recommendation provides $290,000,000 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, 2021.................................. $750,000,000
Budget estimate, 2022................................ 890,000,000
Recommended, 2022.................................... 820,000,000
Comparison:
Appropriation, 2021................................ +70,000,000
Budget estimate, 2022.............................. -70,000,000
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 refocuses
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.
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 and expects the Department to proceed with
awards expeditiously.
The recommendation provides $500,000 to support feasibility
and operational planning for large-scale biomass production for
the purposes of bioenergy with carbon capture and storage.
Special Recruitment Programs.--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 $105,000,000 for the
research, development, and demonstration of solid oxide fuel
cell systems and hydrogen.
CCUS AND POWER SYSTEMS
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 commercial 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 Committee encourages the Department to continue to
support the Clean Energy Research Consortium: Advanced Coal
Technology Consortium program.
The Committee recognizes the benefits of developing carbon
capture technologies across multiple sources and directs the
Department to invest in a portfolio of carbon capture
technologies and applications. The Committee directs the
Department to use its existing authorities to fund 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.
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, including within significant
basalt formations, 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.
The fiscal year 2020 Act directed the Department to provide
a report and briefing on the recommendations for program
structures that could best support and maximize the impact of
expanded research, development, and demonstration efforts in
three areas: decarbonization of the industrial sector, direct
air capture, and carbon utilization. The Committee is still
awaiting this report and briefing and directs the Department to
provide the report and briefing to the Committee not later than
15 days after enactment of this Act.
The Department is encouraged to develop educational
partnerships, including at Hispanic Serving Institutions and
other Minority Serving Institutions, focused on carbon capture
and storage, methane capture and storage, and emission
mitigation technologies. The fiscal year 2021 Act directed the
Department to provide a report detailing possible education
partnerships in these areas. The Committee is still awaiting
this report and directs the Department to provide the report to
the Committee not later than 30 days after enactment of this
Act.
The Committee is supportive of the Department's research to
develop advanced sorbent materials to optimize direct air
carbon capture and integrate the use of captured carbon as
feedstock in high pH algal cultivation to maximize the
production of biofuels and bioproducts.
As industrial deployment of CCUS technology expands, the
demand for the transportation of captured carbon oxides is
anticipated to increase significantly. In preparation to meet
this demand, the Department, in collaboration with the
Department of Transportation, is directed to review existing
freight transportation infrastructure and the capacity of the
various modes of freight transportation to provide cost-
effective service. The Department is directed to provide to the
Committee not later than 180 days after enactment of this Act a
report of the findings of the review. This report should ensure
that anticipated short- and long-term freight transportation
demand associated with the expanded industrial deployment of
CCUS technology is met. Additionally, the report should include
analysis of locations where CCUS projects are likely to be
located and where carbon sequestration or utilization is likely
to occur and the unique aspects of those areas for freight
transportation infrastructure. Finally, in conducting this
review, the Department shall consult with stakeholders,
including representatives from the various modes of freight
transportation.
Carbon Capture.--The Committee encourages the Department to
focus its efforts on improving the efficiency and decreasing
the costs of carbon capture technologies, demonstrating carbon
capture technologies, and identifying how these technologies
can be integrated with business models and operations.
The recommendation provides up to $50,000,000 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.
The recommendation provides not less than $10,000,000 for
research and optimization of carbon capture technologies at
industrial facilities and not less than $12,000,000 for
research and optimization of carbon capture technologies for
natural gas power systems.
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 funding to institutions
successfully employing carbon capture technology within natural
gas power plants. The Department is directed to provide to the
Committee not later than 180 days after enactment of this Act a
report on these efforts.
The recommendation provides up to $10,000,000 to assist
communities in the design and construction of pilot-scale
equipment and systems necessary to demonstrate carbon capture,
utilization, and storage at waste to energy plants.
Within available funds, the Department is directed to
support research, development, and demonstration activities of
technology for carbon capture chemical looping and hydrogen
production. Chemical looping is a next-generation carbon
capture and hydrogen production technology being pursued by a
number of companies and universities around the world. This
technology offers several advantages over earlier carbon
capture technologies such as post-combustion amine scrubbing
and oxy-fuel combustion, including: applicability to a wide
range of fuels used in both power and industrial plants,
including coal, pet coke, natural gas/methane, biomass and any
syngas; significantly reduced levelized cost of electricity
compared to other CCUS technologies; and a wide range of uses
as a platform technology, including both carbon capture for
clean, zero emission power generation and hydrogen production.
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. Within
available funds, the recommendation provides $5,000,000 for a
competitive solicitation for a study of the development of a
direct air capture facility co-located with a geothermal energy
resource. The Department is encouraged to give priority to
entities that are engaged in the generation of electricity from
geothermal resources in competitive power markets, and the
Department is directed to coordinate this activity with the
Geothermal Technologies Office.
Carbon Utilization.--The recommendation supports carbon
utilization for research, development, and demonstration
activities to advance valuable and innovative uses of captured
carbon, including biological utilization by the conversion of
carbon dioxide to higher-value products such as chemicals,
plastics, building materials, curing for cement, and the
integration of carbon utilization technologies with fossil fuel
power plants, such as biological conversion systems. Within
available funds, the recommendation provides up to $10,000,000
for research and development of carbon utilization using algal
systems.
Carbon Storage.--Within available funds, the recommendation
provides not less than $30,000,000 for CarbonSAFE and not less
than $20,000,000 for the Regional Initiatives.
The Department is encouraged to recognize the importance of
expanding regional geological characterization, collecting and
analyzing data, and addressing regional monitoring, permitting,
and policy challenges, as well as the value of this work in
supporting broadscale commercial deployment efforts, including
the assurance of environmental integrity in storage projects.
Further, the Department is encouraged to facilitate development
and deployment of monitoring technologies at carbon capture
utilization and storage projects with considerable progress
toward commercial implementation. The Department is encouraged
to give attention to technologies that promise near real-time
results or employ big data, machine learning, and artificial
intelligence to better address issues such as leak detection,
monetization of credits, and permit compliance.
Advanced Energy and Hydrogen Systems.--The recommendation
provides not less than $30,000,000 for Advanced Turbines to
carry out research, development, and technology demonstration
to improve the efficiency of gas turbines used in power
generation systems, aviation, and other applications. The
Committee encourages the Department to give priority to
promising turbine technologies developed under Phase I awards
from previous years. The Department is encouraged to support
research and development activities for lithographic molding
processes.
The recommendation provides up to $50,000,000 for materials
research and development. The Department is encouraged to
support the Advanced Ultrasupercritical Program to fabricate,
qualify, and develop domestic suppliers capable of producing
components from high temperature materials. Further, the
Department is encouraged to support the Extreme Environments
Materials Multi-Laboratory Consortium and the development of
advanced ceramics under the Materials that Withstand Harsh
Environments and Extend Service Lifetimes. 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.
Minerals Sustainability.--The Mineral Sustainability
subprogram will support domestic supply chain networks required
for the economically, environmentally, and geopolitical
sustainable production of critical minerals.
Within available funds, the recommendation provides not
less than $23,000,000 for research and development activities,
as authorized by section 7001 of the Energy Act of 2020, to
develop advanced separation technologies for the extraction and
recovery of rare earth elements and other critical materials
from coal and coal byproducts, as well as mitigate any
potential environmental and public health impacts of such
activities.
Supercritical Transformational Electric Power (STEP)
Generation.--Within available funds, the Committee supports
efforts, consistent with the original scope of work, to
complete the necessary design and construction of the 10-MW
pilot and to conduct the necessary testing for the facility.
The Committee remains concerned about repeated cost overruns
for the project, and the Department is directed to brief the
Committee prior to any change to scope or cost profile of the
project. The recommendation provides additional funds for
competitively awarded research and development activities,
coordinated with the Offices of Nuclear Energy and Energy
Efficiency and Renewable Energy, to advance the use of
supercritical power cycles.
NATURAL GAS TECHNOLOGIES
The recommendation provides not less than $26,000,000 for
Emissions Mitigation from Midstream Infrastructure and not less
than $13,000,000 for Emissions Quantification from Natural Gas
Infrastructure. Within available funds, the recommendation
supports activities to develop and demonstrate an integrated
methane monitoring platform to enable early detection of leaks
at natural gas production sites, which may include autonomous,
real-time, low-cost optical methane sensors and imagers on
unmanned aerial systems, integration of carbon emissions data
from geospatial satellites, and new multidimensional data
modeling and predictive capabilities using machine learning
tools.
The Department is encouraged to explore technologies,
including in coordination with public-private partnerships,
that curtail methane gas emissions from flaring and venting in
shale formations. The fiscal year 2020 Act directed the
Department to provide a report on these activities. The
Committee is still awaiting this report and directs the
Department to provide the report not later than 15 days after
enactment of this Act.
Environmentally Prudent Development.--The recommendation
provides not less than $5,000,000 for research and development
aimed to reduce the environmental impact of produced water and
opportunities to reprocess produced water at natural gas or oil
development sites. The Department is encouraged to support
research and technology development to develop natural
resources in the most environmentally friendly way possible,
including technologies that can minimize the environmental
impact of resource recovery such as reduced surface footprints,
water resource demand, and fugitive methane emissions. The
Committee encourages the Department to consider the Field Test
Sites in conducting this work.
The recommendation provides up to $5,200,000 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 30 days after enactment of this Act.
The Department is encouraged to support university research
and field investigations in the Gulf of Mexico to confirm the
nature, regional context, environmental impacts, and
hydrocarbon system behavior of gas hydrate deposits.
The Committee acknowledges the Department's investment in
research and development on unconventional fossil energy
technologies, including for field laboratories. The fiscal year
2021 Act directed the Department to submit to the Committee a
report assessing the potential of using solid propellant fuel
to generate gas, which will drive hydraulic systems to shut off
unwanted flows or blow outs of oil or gas from onshore or
offshore wells. 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.
Within existing funds, 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.
Natural Gas Hydrogen Research.--The recommendation provides
not less than $20,000,000 for natural gas utilization,
hydrogen, sustainable fuels, and chemicals. The Department is
encouraged to support research and development to effectively
utilize natural gas for decarbonization solutions, including
activities focused on natural gas conversion to low-carbon
chemicals and derivatives, such as ammonia and hydrogen, and
comprehensive planning of the infrastructure required to store
and transport them.
The fiscal year 2021 Act directed the Department to develop
a research plan for natural gas utilization for purposes in
addition to power generation and direct use applications. The
Committee is still awaiting this report and directs the
Department to provide the report to the Committee not later
than 30 days after enactment of this Act. The Department is
directed to provide to the Committee not less than 90 days
after enactment of this Act a briefing on how technologies
included in the research plan for natural gas utilization can
transition from lower-carbon technologies to carbon-neutral or
carbon-negative technologies.
NETL INFRASTRUCTURE
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.
Naval Petroleum and Oil Shale Reserves
Appropriation, 2021.................................. $13,006,000
Budget estimate, 2022................................ 13,650,000
Recommended, 2022.................................... 13,650,000
Comparison:
Appropriation, 2021................................ +644,000
Budget estimate, 2022.............................. - - -
The Naval Petroleum and Oil Shale Reserves no longer serve
the national defense purpose envisioned in the early 1900's,
and consequently the National Defense Authorization Act for
fiscal year 1996 required the sale of the government's interest
in the Naval Petroleum Reserve 1 (NPR-1). To comply with this
requirement, the Elk Hills field in California was sold to
Occidental Petroleum Corporation in 1998. Following the sale of
Elk Hills, the transfer of the oil shale reserves, and transfer
of administrative jurisdiction and environmental remediation of
the Naval Petroleum Reserve 2 (NPR-2) to the Department of the
Interior, the Department retained one Naval Petroleum Reserve
property, the Naval Petroleum Reserve 3 (NPR-3) in Wyoming
(Teapot Dome field). The Department issued a disposition plan
for NPR-3 in June 2013 and began implementation of the plan in
fiscal year 2014. Transfer of NPR-3 to a new owner occurred in
fiscal year 2015.
The Committee supports the Department's proposal for the
Office of Cybersecurity, Energy Security, and Emergency
Response to manage activities of the Naval Petroleum and Oil
Shale Reserves.
Strategic Petroleum Reserve
Appropriation, 2021.................................. $188,000,000
Budget estimate, 2022................................ 197,000,000
Recommended, 2022.................................... 197,000,000
Comparison:
Appropriation, 2021................................ +9,000,000
Budget estimate, 2022.............................. - - -
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 directs the Department to maintain the
Northeast Gasoline Supply Reserve.
The Committee supports the Department's proposal for the
Office of Cybersecurity, Energy Security, and Emergency
Response to manage the Strategic Petroleum Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is provided
for this purpose. Further, the Department may not establish any
new regional petroleum product reserves unless funding for such
a proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget request and approved
by Congress in an appropriations Act.
The Committee notes that regional supply disruptions of
petroleum products were examined in the first installment of
the Quadrennial Energy Review. If the Department further
examines issues related to potential regional shortages of
petroleum products, the Department is encouraged to explore
options for expanded salt cavern storage of petroleum products,
including in the western United States.
SPR Petroleum Account
Appropriation, 2021.................................. $1,000,000
Budget estimate, 2022................................ 7,350,000
Recommended, 2022.................................... 7,350,000
Comparison:
Appropriation, 2021................................ +6,350,000
Budget estimate, 2022.............................. - - -
The SPR Petroleum Account funds Strategic Petroleum Reserve
acquisition, transportation, and drawdown activities.
The Committee supports the Department's proposal for the
Office of Cybersecurity, Energy Security, and Emergency
Response to manage the Strategic Petroleum Reserve.
Northeast Home Heating Oil Reserve
Appropriation, 2021................................... $6,500,000
Budget estimate, 2022................................. - - -
Recommended, 2022..................................... 6,500,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... +6,500,000
The acquisition and storage of heating oil for the
Northeast began in August 2000 when the Department of Energy,
through the Strategic Petroleum Reserve account, awarded
contracts for the lease of commercial storage facilities and
acquisition of heating oil. The purpose of the reserve is to
assure home heating oil supplies for the Northeastern States
during times of very low inventories and significant threats to
the immediate supply of heating oil. The Northeast Home Heating
Oil Reserve was established as a separate entity from the
Strategic Petroleum Reserve on March 6, 2001.
The Committee supports the Department's proposal for the
Office of Cybersecurity, Energy Security, and Emergency
Response to manage the Northeast Home Heating Oil Reserve.
Energy Information Administration
Appropriation, 2021................................... $126,800,000
Budget estimate, 2022................................. 126,800,000
Recommended, 2022..................................... 129,087,000
Comparison:
Appropriation, 2021................................. +2,287,000
Budget estimate, 2022............................... +2,287,000
The Energy Information Administration is a quasi-
independent agency within the Department of Energy established
to provide timely, objective, and accurate energy-related
information to the Congress, the executive branch, state
governments, industry, and the public.
The Committee encourages the Department to continue
important data collection, analysis, and reporting activities
on energy use and consumption, including the Commercial
Buildings Energy Consumption Survey and the Residential
Buildings Energy Consumption Survey.
The fiscal year 2021 Act directed the Department to provide
a report on how the Energy Information Administration can
supply increased data regarding the electricity consumption and
emissions for retail electricity suppliers, and for cities,
within city limits, served by an electric utility. 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.
Non-Defense Environmental CLeanup
Appropriation, 2021................................... $319,200,000
Budget estimate, 2022................................. 338,860,000
Recommended, 2022..................................... 333,863,000
Comparison:
Appropriation, 2021................................. +14,663,000
Budget estimate, 2022............................... -4,997,000
Non-Defense Environmental Cleanup includes funds to manage
and remediate sites used for civilian, energy research, and
non-defense related activities. These past activities resulted
in radioactive, hazardous, and mixed waste contamination that
requires remediation, stabilization, or some other action.
Small Sites.--The Committee provides $124,340,000 for small
sites, of which $21,340,000 is for the Energy Technology
Engineering Center (ETEC), $11,000,000 is for Idaho National
Laboratory, $5,000,000 is for Lawrence Berkeley National
Laboratory, and $67,000,000 is for Moab.
ETEC.--The Committee is pleased with the progress of
building demolition, including the recent agreement between the
Department and the State of California to demolish the
remaining buildings on site. The Committee remains concerned
about the pace of soil and water remediation and acknowledges
the need for compliance with the 2007 Consent Order and 2010
Administrative Order on Consent. The Committee expects the
Department of Energy to prioritize the expenditure of funds
needed to timely initiate and complete the required demolition
of buildings in Area IV of the site and the cleanup of soil and
water resources. The Committee encourages the Department to
continue working with the State of California on cleanup of the
Site. The Department is directed to continue to act in
accordance with applicable laws, orders, regulations, and
agreements with the state of California.
Uranium Enrichment Decontamination and Decommissioning Fund
Appropriation, 2021................................... $841,000,000
Budget estimate, 2022................................. 831,340,000
Recommended, 2022..................................... 831,340,000
Comparison:
Appropriation, 2021................................. -9,660,000
Budget estimate, 2022............................... - - -
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
for the Department to establish a community liaison and to
provide technical and regulatory assistance to the local
community and surrounding counties. The Department is directed
to continue its air and ground water monitoring efforts and
increase the frequency of reporting results in a transparent
manner. 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.
The Committee understands that a third-party effort is
underway to collect environmental samples in the area. When the
sampling effort is complete, the Department is directed to
consult with the Agency for Toxic Substances and Disease
Registry (ATSDR) and provide to the Committee a briefing on the
results. In the event that it is determined that updating the
1996 public health assessment is warranted, the Department is
further directed to coordinate planning with the ATSDR,
including an evaluation from ATSDR of whether an
epidemiological study or comprehensive review of cancer rates
in Pike and surrounding counties is warranted.
Science
Appropriation, 2021................................... $7,026,000,000
Budget estimate, 2022................................. 7,440,000,000
Recommended, 2022..................................... 7,320,000,000
Comparison:
Appropriation, 2021................................. +294,000,000
Budget estimate, 2022............................... -120,000,000
The Office of Science funds basic science research across
national laboratories, universities, and other research
institutions in support of American innovation and the
Department's energy-focused missions. Through research in
physics, biology, chemistry, and other science disciplines,
these activities expand scientific understanding and secure the
nation's leadership in energy innovation. This basic science
research is crucial to enabling the nation to continue
developing transformational energy technologies and to position
itself to seize economic opportunities in the global energy
markets of the future. The Office of Science is the nation's
largest supporter of basic research in the physical sciences.
The Office of Science includes the following programs:
Advanced Scientific Computing Research; Basic Energy Sciences;
Biological and Environmental Research: Fusion Energy Sciences;
High Energy Physics; Nuclear Physics; 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 in fiscal year 2022, 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 $115,000,000 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.
Quantum Information Sciences.--The Committee supports the
Office of Science's coordinated and focused research program in
quantum information science and technology. This emerging field
of science promises to yield revolutionary new approaches to
computing, sensing, and communication. The recommendation
provides 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. Within available funding, the Committee
encourages the Department to support a quantum internet and
communications research program consistent with the
Department's ``America's Blueprint for the Quantum Internet''
strategy. The Department is directed to 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.
The Committee directs the Department to be inclusive of all
quantum information science technologies to ensure the research
expands all possible research applications. Funded research
should be inclusive of quantum technologies, including gate,
annealing, topological, photonics, trapped ion, silicon,
superconducting, and other viable quantum technologies. The
Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a report of near-term
application developments. The report should outline the
breakdown of research funding across the available quantum
computing technologies, including gate, annealing, topological,
photonics, trapped ion, silicon, superconducting, and other
viable quantum technologies.
Traineeships for Underrepresented Communities.--The
Committee supports the Department's efforts to diversify the
nuclear physics research community by offering research
traineeships to underrepresented communities pursuing STEM
undergraduate degrees. The Committee encourages the Department
to especially recruit undergraduate students from Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
Tribal Colleges and Universities, and Asian American and
Pacific Islander Serving Institutions. The Department is
directed to provide to the Committee not less than 90 days
after enactment of this Act a briefing on its efforts; data on
students' socioeconomic status, race, or ethnicity; and
recommendations on how to expand this program across the Office
of Science and more broadly across the Department.
Reaching a New Energy Sciences Workforce.--The Committee
supports the new Reaching a New Energy Sciences Workforce
(RENEW) initiative for targeted efforts to increase
participation and retention of underrepresented groups in the
Office of Science's research activities. The Department is
directed to provide to the Committee not later than 90 days
after enactment of this Act and quarterly thereafter briefings
on implementation of this program.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The Advanced Scientific Computing Research program develops
and hosts some of the world's fastest computing and network
capabilities to enable science and energy modeling, simulation,
and research.
High Performance Computing and Network Facilities.--The
recommendation provides not less than $160,000,000 for the
Argonne Leadership Computing Facility, $250,000,000 for the Oak
Ridge Leadership Computing Facility, and not less than
$115,000,000 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.
Mathematical, Computational, and Computer Sciences
Research.--The recommendation provides not less than
$250,000,000 for Mathematical, Computational, and Computer
Sciences Research, including not less than $15,000,000 for
computational sciences workforce programs.
The recommendation includes not less than $15,000,000 and
up to $40,000,000 for the development of AI-optimized emerging
memory technology for AI-specialized hardware allowing for new
computing capabilities tailored to the demands of artificial
intelligence systems.
BASIC ENERGY SCIENCES
The Basic Energy Sciences program funds basic research in
materials science, chemistry, geoscience, and bioscience. The
science breakthroughs in this program enable a broad array of
innovation in energy technologies and other industries critical
to American economic competitiveness.
Research.--The recommendation provides $130,000,000 for
Energy Frontier Research Centers, $25,000,000 for the
Experimental Program to Stimulate Competitive Research,
$25,000,000 for the Batteries and Energy Storage Innovation
Hub, and not less than $20,000,000 and up to $25,000,000 for
the Fuels from Sunlight Innovation Hub. The Department is
directed to provide to the Committee not later than 90 days
after enactment of this Act a plan to recapitalize and
modernize needed infrastructure, instrumentation, and
capabilities utilized by the Energy Innovation Hubs.
The Committee encourages the Office of Science to work with
the Office of Energy Efficiency and Renewable Energy to address
the need to quickly scale up efforts to develop cleaner
production of hydrogen at lower costs to attract industrial
investment.
The recommendation provides not less than $535,000,000 for
facilities operations of the nation's light sources, not less
than $293,000,000 for facilities operations of the high-flux
neutron sources, and not less than $142,000,000 for facilities
operations of the Nanoscale Science Research Centers (NSRC).
The recommendation provides not less than $14,300,000 for
other project costs, including $4,300,000 for Linac Coherent
Light Source-II, $5,000,000 for Advanced Photon Source Upgrade,
$3,000,000 for Linac Coherent Light Source-II HE, and
$2,000,000 for Cryomodule Repair & Maintenance Facility. The
recommendation includes $15,000,000 for NSRC Recapitalization.
The recommendation includes $15,000,000 for NSLS II
Experimental Tools-II. Commissioned in 2014, the NSLS II is
currently the nation's most powerful synchrotron x-ray light
source. While it was designed to accommodate 60 beamlines, just
over half will have been constructed at the completion of NEXT
II. The Department is directed to provide to the Committee not
later than 120 days after enactment of this Act a plan and
timeline for the design and construction of the beamlines
necessary to complete the build-out of the NSLS II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The Biological and Environmental Research (BER) program
supports advances in energy technologies and related science
through research into complex biological and environmental
systems.
The recommendation includes not less than $390,000,000 for
Biological Systems Science and not less than $405,000,000 for
Earth and Environmental Systems Sciences.
The recommendation provides up to $5,000,000 to support
university research efforts for the design and development of
AI-inspired biological robots for a broad set of applications,
including environmental remediation, chemical upcycling,
energy-relevant biomaterials, and enabling technologies for
basic biological sciences. The Department should focus on
reducing the time and scaling up the processes required to
design, manufacture, and deploy new kinds of biological
machines for energy and environmental missions.
The Committee continues to support the prototyping and
establishment of fabricated ecosystems, automation, sensors,
and computational tools to enable a predictive understanding of
soil-plant-microbe interactions across molecular to ecosystem
scales. The novel tools and capabilities will accelerate
discovery and speed the delivery of solutions to climate
change, environmental sustainability, and clean energy. The
recommendation provides not less than $6,000,000 for fabricated
ecosystems and sensors. Within available funds, the
recommendation includes up to $4,000,000 for second generation
SmartSoils fabricated ecosystem testbeds, new sensors, and
computational tools to enable real-time connectivity between
lab-controlled, instrumented SmartSoil testbeds and naturally
varying field experiments. Within available funds, the
recommendation includes up to $8,000,000 to develop and test
novel sensor technologies, procure second generation EcoPOD
units, and create the computational and experimental
infrastructures necessary to dissect field observations at
atomic and molecular levels in fabricated ecosystems.
The Committee supports the Department-wide Designing the
Bioeconomy Initiative and directs the Department to develop
Artificial Intelligence and Machine Learning tools and Design,
Build, Test, Learn systems for the discovery and annotation of
genes involved in the biosynthesis of inorganic and organic/
inorganic biologically produced materials.
The recommendation provides not less than $100,000,000 for
the Bioenergy Research Centers and up to $15,000,000 to
continue the development of a multi-scale genes-to ecosystems
approach that supports a predictive understanding of gene
functions and how they scale with complex biological and
environmental systems.
The recommendation includes not less than $10,000,000 for
the low-dose radiation research program. The Department is
directed to complete the required contract agreement with the
National Academy of Sciences (NAS) to develop a plan for and to
conduct a comprehensive, multi-year independent low-dose
radiation research program. The Committee intends for this
research plan to include a five-year program implementation
outline and funding requirements. The plan shall include
recommendations for the Department and other federal agencies,
including collaborations with outside organizations. The
research plan shall be developed in consultation with other
federal agencies and qualified personnel representing industry
and public interest stakeholders.
The Committee continues to support the Department's funding
for colleges and universities to examine and evaluate earth
system models and validate their ability to reproduce earth
systems.
The Committee continues to support the Department's
investment in observational studies, modeling, and computing to
reduce the uncertainty in understanding cloud aerosol effects,
and the recommendation includes not less than $15,000,000 and
up to $30,000,000 to build upon this research. Within available
funds, the Department is directed to support the modernization
and acceleration of the Energy, Exascale, and Earth System
Model program to improve earth system prediction and climate
risk management in the service of U.S. public safety, security,
and economic interests, including, in coordination with the
Department of Homeland Security, evaluation of the
modernization and adaptation of capabilities from the National
Infrastructure Simulation and Analysis Center to support
climate impacts on infrastructure and communities.
The recommendation includes not less than $100,000,000 for
Environmental System Science.
The recommendation includes not less than $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, that
leverages national laboratories' assets as well as local
infrastructure and expertise at universities and other research
institutions. The Department is directed to provide to the
Committee not later than 120 days after enactment of this Act a
ten-year research plan, including annual budget targets and
justifications, for this integrated effort. The plan should
identify investments in existing and new field sites that
further the establishment of a national coastal observation
network.
The Committee supports activities to advance AI for Earth
System Processes for integrating diverse observations and
models, including a focus on extreme hydrology in vulnerable
watersheds critical for U.S. water resilience in a changing
climate. The Committee supports activities to develop
integrated mountainous hydroclimate modeling and observational
capabilities. The effort should leverage activities supported
by other federal agencies active in investigating how 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.
Existing scientific and modeling approaches for
understanding water-energy systems cannot accurately simulate
and predict rapid changes and feedbacks between coupled water
and energy systems in an uncertain future where extremes, such
as droughts, floods, heat waves, and wildfires, are becoming
more frequent, intense, and widespread. The Department is
directed to support Regional Data, Modeling, and Analysis Test
Beds targeted to universities with research competencies in
water scarcity issues in dry regions of the United States.
The Department is directed to give priority to optimizing
the operation of BER user facilities and encouraged to examine
needs for additional capabilities at its existing user
facilities.
FUSION ENERGY SCIENCES
The Fusion Energy Sciences program supports basic 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 provide to the Committee not later
than 90 days after enactment of this Act a briefing on how the
Department is aligning its Fusion Energy Sciences program with
the recommendations of the ``Powering the Future: Fusion and
Plasmas'' report.
Research.--The recommendation provides not less than
$20,000,000 for High Energy Density Laboratory Plasmas,
including activities for LaserNetUS; not less than $59,000,000
for NSTX-U Operations; and not less than $33,000,000 for NSTX-U
Research.
The recommendation includes up to $45,000,000 for the
Milestone-Based Development Program as authorized in section
2008 of the Energy Act of 2020. The Department is directed to
support these activities at a level commensurate with the
prioritization recommended in the ``Powering the Future: Fusion
and Plasmas'' report. The Department is directed to provide to
the Committee not later than 90 days after enactment of this
Act a briefing on how the authorities provided in the
Milestone-Based Development Program can be applied to the
prioritized activities recommended in the ``Powering the
Future: Fusion and Plasmas'' report.
The Committee notes the long-range plan includes
consideration of the development of a stellarator facility, and
the Department is directed to support these activities at a
level commensurate with the prioritization in the ``Powering
the Future: Fusion and Plasmas'' report developed through the
community's consensus process and to conduct these activities
in conjunction with university-led teams as appropriate.
The recommendation provides not less than $25,000,000 for
the Materials Plasma Exposure experiment.
Construction.--The Committee recommends $242,000,000 for
the U.S. contribution to the ITER project, of which not less
than $80,000,000 is for in-cash contributions. The Committee
continues to believe the ITER project represents an important
step forward for energy sciences and has the potential to
revolutionize the current understanding of fusion energy. The
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 30 days after enactment of this Act.
The Committee provides funding for the Matter in Extreme
Conditions Upgrade at a level commensurate with the
prioritization in the ``Powering the Future: Fusion and
Plasmas'' report developed through the community's consensus
process.
HIGH ENERGY PHYSICS
The High Energy Physics program supports fundamental
research into the elementary constituents of matter and energy
and ultimately into the nature of space and time. The program
focuses on particle physics theory and experimentation in three
areas: the energy frontier, which investigates new particles
and fundamental forces through high-energy experimentation; the
intensity frontier, which focuses on rare events to better
understand our fundamental model of the universe's elementary
constituents; and the cosmic frontier, which investigates the
nature of the universe and its form of matter and energy on
cosmic scales.
Research.--The recommendation provides not less than
$30,000,000 for the Sanford Underground Research Facility and
not less than $20,000,000 for Cosmic Microwave Background-Stage
4.
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 basic research into
the fundamental particles that compose nuclear matter, how they
interact, and how they combine to form the different types of
matter observed in the universe today.
Research.--The Department is directed to give priority to
optimizing operations for all Nuclear Physics user facilities.
The recommendation provides up to $12,500,000 for the
Gamma-Ray Energy Tracking Array, up to $13,000,000 for the High
Rigidity Spectrometer, and up to $16,200,000 for MOLLER.
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 Committee supports the FRIB Isotope Harvesting
projects.
ACCELERATOR R&D AND PRODUCTION
Accelerator R&D and Production supports cross-cutting
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.
The Committee recommends $35,000,000 for Workforce
Development for Teachers and Scientists.
The Committee encourages the Department, in collaboration
with the national laboratories, to support engagement with 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 and national
laboratories' diversity goals, these pre-college programs
should address the specific needs of each laboratories'
regional community. Programs should directly support and
prioritize participation from underrepresented racial and
ethnic groups in STEM and people with disabilities. The
programs may also address gaps in educational programming and
opportunities for students in under resourced and rural school
districts.
Further, the Department is directed to submit to the
Committee not later than 120 days after enactment of this Act a
plan describing a five-year educational and workforce
development program for expanding engagement with and support
for high school, undergraduate, and graduate students as well
as recent graduates, teachers, and faculty in STEM fields. This
plan may include paid internships, fellowships, temporary
employment, training programs, visiting student and faculty
programs, sabbaticals, and research support. The plan shall
also include an outreach strategy to more effectively
advertise, recruit, and promote educational and workforce
programs to community colleges, Minority Serving Institutions,
and non-research universities.
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 submit
to the Committee a report on the funding levels required for
operations and maintenance of Oak Ridge National Laboratory
nuclear facilities. 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.
Nuclear Waste Disposal
Appropriation, 2021................................... $27,500,000
Budget estimate, 2022................................. 7,500,000
Recommended, 2022..................................... 27,500,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... +20,000,000
The recommendation includes $27,5000,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund (NWF) oversight
activities. Funds for NWF oversight activities are derived from
the NWF.
The 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 Committee also notes that spent nuclear fuel is in many
cases located near Indian reservations and cities. As the
Department moves forward with planning for an integrated system
for the nation's spent nuclear fuel, the Committee encourages
the Department to include planning for the removal of spent
nuclear fuel from sites located near Indian reservations and
cities.
Technology Transitions
Appropriation, 2021................................... $- - -
Budget estimate, 2022................................. 19,470,000
Recommended, 2022..................................... 19,470,000
Comparison:
Appropriation, 2021................................. +19,470,000
Budget estimate, 2022............................... - - -
The budget request proposes a separate appropriation for
the Office of Technology Transitions (OTT). The mission of 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 supports funding OTT through a new, separate
appropriation to increase transparency and reflect the need for
multi-year funding for programmatic activities.
The recommendation provides not less than $5,000,000 for a
competitive funding opportunity for incubators supporting
energy innovation clusters. These incubators should have the
support of state, regional, and local entities. The Department
is directed to provide to the Committee not later than 120 days
after obligation of these funds a report on the impact
incubators have on job creation and workforce development,
including in low-income communities and on underrepresented
entrepreneurs.
Clean Energy Demonstrations
Appropriation, 2021................................... $- - -
Budget estimate, 2022................................. 400,000,000
Recommended, 2022..................................... 200,000,000
Comparison:
Appropriation, 2021................................. +200,000,000
Budget estimate, 2022............................... -200,000,000
The budget request proposes to establish an Office of Clean
Energy Demonstrations (OCED) 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 the establishment of an Office of
Clean Energy Demonstrations. The Department is directed to
conduct these 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.
Advanced Research Projects Agency--Energy
Appropriation, 2021................................... $427,000,000
Budget estimate, 2022................................. 500,000,000
Recommended, 2022..................................... 600,000,000
Comparison:
Appropriation, 2021................................. +173,000,000
Budget estimate, 2022............................... +100,000,000
The Advanced Research Projects Agency--Energy (ARPA-E)
supports research aimed at rapidly developing energy
technologies whose development and commercialization are too
risky to attract sufficient private sector investment but are
capable of significantly changing the energy sector to address
our critical economic, environmental, and energy security
challenges. The technology breakthroughs funded by ARPA-E 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, and accelerating the development of commercial fusion
energy.
The budget request proposes the establishment of an
Advanced Research Projects Agency--Climate (ARPA-C). However,
the budget request justification notes that ARPA-C will require
legislation beyond the current ARPA-E 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. The
Department is directed to conduct the proposed activities
through ARPA-E. Additionally, the budget request proposes funds
for other federal agencies in support of ARPA-C's mission. The
Department is directed to support and coordinate any such
efforts through ARPA-E.
The Committee supports the recent activities of ARPA-E
aimed to support the scaling of high-risk and potentially
disruptive ARPA-E funded technologies across the full spectrum
of energy applications.
Title 17 Innovative Technology Loan Guarantee Program
Administrative Expenses
GROSS APPROPRIATION
Appropriation, 2021................................... $32,000,000
Budget estimate, 2022................................. 182,000,000
Recommended, 2022..................................... 32,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... -150,000,000
OFFSETTING COLLECTIONS
Appropriation, 2021................................... -$3,000,000
Budget estimate, 2022................................. -3,000,000
Recommended, 2022..................................... -3,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
NET APPROPRIATION
Appropriation, 2021................................... $29,000,000
Budget estimate, 2022................................. 179,000,000
Recommended, 2022..................................... 29,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... -150,000,000
The recommendation includes a net appropriation of
$29,000,000 in administrative expenses for the Loan Guarantee
Program.
Advanced Technology Vehicles Manufacturing Loan Program
Appropriation, 2021................................... $5,000,000
Budget estimate, 2022................................. 5,000,000
Recommended, 2022..................................... 5,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
The Energy Independence and Security Act of 2007
established a direct loan program to support the development of
advanced technology vehicles and associated components in the
United States. The program provides loans to automobile and
automobile part manufacturers for the cost of re-equipping,
expanding, or establishing manufacturing facilities in the
United States to produce advanced technology vehicles or
qualified components, and for associated engineering
integration costs. The Committee remains disappointed with the
rescission of emergency balances included in Public Law 116-
260.
Tribal Energy Loan Guarantee Program
Appropriation, 2021................................... $2,000,000
Budget estimate, 2022................................. 2,000,000
Recommended, 2022..................................... 2,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
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, 2021................................... $22,000,000
Budget estimate, 2022................................. 122,000,000
Recommended, 2022..................................... 70,000,000
Comparison:
Appropriation, 2021................................. +48,000,000
Budget estimate, 2022............................... -52,000,000
The Energy Policy Act of 2005 established the Office of
Indian Energy and Policy Programs. The Office of Indian Energy
provides technical assistance, direct and remote education,
policy research and analysis, and financial assistance to
Indian tribes, Alaska Native Village and Regional corporations,
and Tribal Energy Resource Development Organizations.
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.
The recommendation provides not less than $25,000,000 to
advance technical assistance, demonstration, and deployment of
distributed solar and energy storage technologies for
households and communities in tribal nations to improve
reliability, resilience, and alleviate energy poverty. The
Department is encouraged to prioritize households and
communities that lack connection to the electric grid. The
Department is directed to collaborate with the Office of Energy
Efficiency and Renewable Energy, including the Solar Energy
Technologies Office, and the Office of Electricity in issuing
these funds.
Departmental Administration
GROSS APPROPRIATION
Appropriation, 2021................................... $259,378,000
Budget estimate, 2022................................. 422,378,000
Recommended, 2022..................................... 372,578,000
Comparison:
Appropriation, 2021................................. +113,200,000
Budget estimate, 2022............................... -49,760,000
REVENUES
Appropriation, 2021................................... -$93,378,000
Budget estimate, 2022................................. -100,578,000
Recommended, 2022..................................... -100,578,000
Comparison:
Appropriation, 2021................................. -7,200,000
Budget estimate, 2022............................... - - -
NET APPROPRIATION
Appropriation, 2021................................... $166,000,000
Budget estimate, 2022................................. 321,760,000
Recommended, 2022..................................... 272,000,000
Comparison:
Appropriation, 2021................................. +106,000,000
Budget estimate, 2022............................... -49,760,000
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 Committee is concerned about the security and economic
implications of America's dependence on foreign nations to
fulfill the rare earth mineral needs of America's energy and
defense sectors. The Committee is also concerned about the
potential influence of foreign owned and controlled assets in
the United States related to critical minerals. The Department,
in coordination with relevant federal agencies, is directed to
provide to the Committee not later than 60 days after enactment
of this Act a report regarding any financial or technical
support provided by the Department to domestic critical
minerals assets and the status of such financial or technical
support.
Within available funds, the recommendation includes up to
$5,000,000 to leverage commercial technologies and carry out
pilot projects related to implementation of the requirements
under Title II of the Foundations for Evidence-Based
Policymaking Act (Public Law 115-435).
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. Therefore, the recommendation provides $20,000,000
for the Office of Economic Impact and Diversity, $9,831,000
above fiscal year 2021 and equal to the budget request.
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. Within
available funds, the recommendation provides not less than
$71,800,000 for cybersecurity and secure information. In
addition, the recommendation provides not less than $55,000,000
to address the impacts of the SolarWinds incident across the
Department.
International Affairs.--Within available funds, 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.
Other Departmental Administration.--The recommendation
provides not less than $25,000,000 for the Chief Human Capital
Officer, up to $38,000,000 for the General Counsel, not less
than $13,000,000 for Project Management Oversight and
Assessments, not less than $3,500,000 for the Office of Small
and Disadvantaged Business Utilization, and not less than
$4,000,000 for Public Affairs. The Department is directed to
provide to the Committee not later than 30 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.
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, 2021................................... $57,739,000
Budget estimate, 2022................................. 78,000,000
Recommended, 2022..................................... 78,000,000
Comparison:
Appropriation, 2021................................. +20,261,000
Budget estimate, 2022............................... - - -
The Office of the Inspector General performs agency-wide
audit, inspection, and investigative functions to identify and
correct management and administrative deficiencies that create
conditions for existing or potential instances of fraud, waste,
and mismanagement. The audit function provides financial and
performance audits of programs and operations. The inspections
function provides independent inspections and analyses of the
effectiveness, efficiency, and economy of programs and
operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
The Committee notes the release of the April 2021 Special
Report dealing with audits of the Department's Management and
Operating (M&O) contractors, which drives the budget request
increase. The Committee does not question the Inspector
General's authority to develop a new audit strategy and
appreciates the attention to this matter. The Committee has
heard concerns about how this strategy will be implemented.
Prior to obligating any funds for the independent audit
strategy, the Inspector General shall submit to the Committee a
detailed implementation plan for transitioning from the
Cooperative Audit Strategy to the independent audit strategy,
including hiring of new federal employees, metrics for how the
Office of the Inspector General will measure success, the
extent of the need for access to contractor systems, and how
the independent audit strategy will be phased in across the
Department's 32 M&Os. The Department is directed to provide to
the Committee not later than 90 days after enactment of this
Act, and quarterly thereafter, a briefing on the 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.
The Committee encourages the NNSA to coordinate with the
Department of Defense regarding a nuclear scenario wargame that
includes participation of Congressional members to both
participate in and observe table-top exercises and other
scenario-based, non-training exercises.
Weapons Activities
Appropriation, 2021................................... $15,345,000,000
Budget estimate, 2022................................. 15,484,295,000
Recommended, 2022..................................... 15,484,295,000
Comparison:
Appropriation, 2021................................. +139,295,000
Budget estimate, 2022............................... - - -
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 notes that the Administration is moving
forward with a nuclear posture review and encourages the
Administration to ensure that the review and future budget
requests reflect a sustainable path forward for the NNSA so it
can deliver on its budget and schedule commitments. In
conducting this review, the Administration is encouraged to
appropriately value the role of science and technology in
sustaining the stockpile without the need for testing, which is
too often marginalized in budget requests. The Committee is
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. Additionally, 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 Committee is still
awaiting this report and directs the NNSA to provide the IPR
not later than 30 days after enactment of this Act and with the
annual budget request thereafter. In light of the NNSA's
increasing and highly interdependent workload, which requires
significant 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.
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.
Stockpile Major Modernization and Sustainment Activities.--
No funding is provided for the B83-1 service life extension or
the W80-4 Alteration for the Sea-Launched Cruise Missile. The
Committee considers these proposed investments premature
pending the nuclear posture review.
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 Committee looks forward to
receiving the Office of Cost Estimating and Program Evaluation
(CEPE) Joint Nuclear Weapons Lifecycle Process assessment
directed in the fiscal year 2021 Act, as well as the NNSA's
briefing on its plans to incorporate CEPE's recommendations.
PRODUCTION MODERNIZATION
Production Modernization includes all activities needed to
restore and modernize production capabilities. These activities
include restoring and modernizing the capability to produce
primaries, secondaries, and non-nuclear components.
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 critical non-nuclear 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, Hispanic-Serving Institutions, and Tribal
Colleges and Universities in South Carolina and New Mexico to
support plutonium pit production.
Plutonium Pit Production.--The budget request proposes
significant funding increases for operations and construction
to support plutonium pit production. The Committee notes that
the two construction projects that will support pit production
at Los Alamos and Savannah River have recently achieved the
Critical Decision-1 milestone with increased projected cost
estimates and, in the case of Savannah River, a timeline that
will stretch beyond 2030. These substantial investments and the
timeline underscore the need for a resource-loaded integrated
master schedule (IMS) that includes all pit production-related
project and program activities. The IMS was directed by the
fiscal year 2021 Act and has not been received by the
Committee. The NNSA is directed to submit the IMS to the
Committee not later than 15 days after enactment of this Act.
Additionally, the Committee remains concerned about
contingency planning given the timeline for achieving 80 pits
per year will stretch beyond 2030. Given the NNSA's continuing
challenges in constructing large, complex nuclear facilities on
time and on budget, coupled with the extremely constrained
timeframe and planned use of expedited processes and
procedures, the risk of not meeting pit production milestones
remains high. The Committee has not received the contingency
plan required in the fiscal year 2021 Act and directs the NNSA
to provide the plan not later than 15 days after enactment of
this Act. The NNSA is reminded that this plan shall be updated
and submitted annually with the budget request.
University Collaboration.--The Committee notes the
importance of collaborations between research universities and
national laboratories as the NNSA modernizes manufacturing and
production capabilities and is pleased with the progress in
establishing the Center of Excellence regarding lifetime
extension and materials degradation issues. The recommendation
provides $10,000,000 to continue these efforts, including
developing a recruiting pipeline capability across the national
security 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, $40,000,000
shall be for the Minority Serving Institution Partnership
Program and $5,000,000 shall be for Tribal Colleges and
Universities. The Committee encourages the NNSA to partner with
ZNetUS to explore opportunities in pulsed-power high energy
density research and development. The NNSA is directed to
provide to the Committee not later than 120 days after
enactment of this Act a briefing on its plans to work with
ZNetUS to facilitate user access to national pulsed-power
facilities.
Inertial Confinement Fusion (ICF) and High Yield.--Within
the ICF program, the recommendation includes not less than
$350,000,000 for the National Ignition Facility, not less than
$66,900,000 for the Z Facility, and not less than $83,000,000
for the OMEGA Laser Facility. Within funds provided for
Facility Operations, not less than $33,000,000 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 NNSA is directed to provide to
the Committee not later than 120 days after enactment of this
Act a strategic plan for recapitalizing, upgrading, and
maintaining ICF facilities. This plan shall include cost
estimates and a reasonable timeframe for implementation.
Advanced Simulation and Computing.--Within funds provided
for Advanced Simulation and Computing, $25,000,000 shall be for
research in, and leading to the development of, memory
technologies that will drive 40X performance gains beyond that
achieved by exascale computing systems for critical mission
applications.
Stockpile Responsiveness Program.--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 has proposed meeting this reporting
requirement by expanding the annual Stockpile Stewardship and
Management Plan (SSMP) as necessary. The Committee notes that
the SSMP does not typically accompany the annual budget
request, and therefore 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.
The NNSA is encouraged to accelerate activities necessary
to prepare the Beta-4 facility at Y-12 for deactivation and
demolition as it moves forward with the West End Protected Area
Reduction project.
LEGACY CONTRACTOR PENSIONS
The Committee provides $78,656,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Defense Nuclear Nonproliferation
Appropriation, 2021................................... $2,260,000,000
Budget estimate, 2022................................. 1,934,000,000
Recommended, 2022..................................... 2,340,000,000
Comparison:
Appropriation, 2021................................. +80,000,000
Budget estimate, 2022............................... +406,000,000
DEFENSE NUCLEAR NONPROLIFERATION
Funding for the Office of Defense Nuclear Nonproliferation
is provided across five programs: Global Material Security,
Material Management and Minimization, Nonproliferation and Arms
Control, Defense Nuclear Nonproliferation R&D, and
Nonproliferation Construction.
In concert with the NNSA's efforts to implement a safe,
secure, and cost-effective approach to dispose of surplus
plutonium, the Committee encourages efforts to engage the
interagency and international partners as appropriate on
mutually beneficial plutonium disposition protocols.
Global Material Security.--The recommendation includes not
less than $38,000,000 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.
Within available funds for Domestic Radiological Security, the
recommendation provides not less than $25,000,000 for the
Cesium Irradiator Replacement Project. The Committee notes the
importance of accelerating the removal of cesium devices to
permanently reduce the risk of terrorist use of a radiological
dispersal device in the U.S.
Nuclear Smuggling Detection and Deterrence.--The Nuclear
Smuggling Detection and Deterrence program plays a critical
role in assisting partner countries to detect, disrupt, and
investigate the smuggling of radioactive and nuclear materials.
The Committee notes the critical importance of this program's
efforts to recapitalize equipment as necessary to meet mission
needs.
Defense Nuclear Nonproliferation Research and Development
(DNN R&D).--The recommendation includes funding above the
budget request to advance U.S. space-based capabilities to
detect nuclear detonations. 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 Committee supports
the budget request for a new consortium, and the NNSA is
encouraged to consider quantum-enabled nuclear security
technologies for advanced nuclear systems as it works to
establish a new consortium.
The fiscal year 2021 Act directed the NNSA to evaluate and
brief the Committee on the establishment of a nuclear materials
processing test bed capability to address proliferation
concerns within the evolving civilian nuclear fuel cycle. The
Committee is still awaiting this briefing and directs the NNSA
to provide the briefing not later than 30 days after enactment
of this Act.
The Committee supports the budget proposal to realign
National Technical Nuclear Forensics R&D within DNN R&D. The
fiscal year 2021 Act directed the NNSA to develop and brief the
Committee on a threat-informed strategic plan for its National
Technical Nuclear Forensics R&D work, with near- and long-term
research and development milestones that have been coordinated
with stakeholders, and describes how R&D, counterterrorism, and
counterproliferation activities will be integrated. The
Committee is still awaiting this briefing and directs the NNSA
to provide the briefing not later than within 30 days after
enactment of this Act. The NNSA is reminded that the plan shall
evaluate potential mission need and benefits of establishing a
low-background radiation laboratory capability with access to
Category I special nuclear materials representative of both
weapons and commercial uses to support activities such as
accelerator-based photonuclear, neutron activation, chemistry
and isotope separation, treaty verification, and technical
capabilities enabling emergency response, including a cost
estimate. The 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.
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 $38,800,000 for payments into the
legacy University of California contractor employee defined
benefit pension plans.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2021................................... $1,684,000,000
Budget estimate, 2022................................. 1,860,705,000
Recommended, 2022..................................... 1,866,705,000
Comparison:
Appropriation, 2021................................. +182,705,000
Budget estimate, 2022............................... +6,000,000
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
continue the Spent Fuel Handling Recapitalization Project.
Naval Reactors Development.--Within available funds for
Naval Reactors Development, $92,747,000 is transferred to the
Office of Nuclear Energy for Advanced Test Reactor operations.
Federal Salaries and Expenses
Appropriation, 2021................................... $443,200,000
Budget estimate, 2022................................. 464,000,000
Recommended, 2022..................................... 464,000,000
Comparison:
Appropriation, 2021................................. +20,800,000
Budget estimate, 2022............................... - - -
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, 2021................................... $6,426,000,000
Budget estimate, 2022................................. 6,841,670,000
Recommended, 2022..................................... 6,592,000,000
Comparison:
Appropriation, 2021................................. +166,000,000
Budget estimate, 2022............................... -249,670,000
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 Oak Ridge. The recommendation
continues to fund a balanced approach that sustains the
momentum of ongoing cleanup activities more consistently across
all Department cleanup sites.
Hanford Site.--The recommendation includes funds above the
budget request for the Office of River Protection to support
stable funding for cleanup activities at the Hanford Site.
The Department is directed to carry out maintenance and
public safety efforts at historical sites, including the B
Reactor. This includes facility improvements including
replacement of the B Reactor roof. Within available funds, not
less than $8,500,000 is provided for the Hazardous Materials
Management and Emergency Response facilities.
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 2019 Hanford
Lifecycle Scope, Schedule, and Cost Report. This report
estimates the total cost of Hanford cleanup to be between $322
and $677 billion, with a potential completion date of 2079.
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 the budget
request includes $7,000,000 for low level waste offsite
disposal and that fiscal year 2020 funds are still available
for this purpose. The Department shall provide notice to the
Committee if any additional funds are proposed for this
project, including the amount and source of funds.
The Committee notes that $2,500,000 was provided in the
fiscal year 2021 Act to develop plans for the permanent removal
of SR-90 capsules from the Waste Encapsulation and Storage
Facility. The Department is directed to utilize these funds to
carry out an evaluation of removal of the capsules for possible
future beneficial use. The evaluation shall include, at
minimum, the specific actions necessary to prepare capsules for
removal and transportation; the Department's history with
current and past transfer agreements, including the financial
structure of those agreements; and the costs, benefits, and
risks to the federal government of future removal actions.
Idaho National Laboratory.--The Committee supports the
Department's efforts to analyze alternatives for the future of
spent fuel facilities at Idaho to include multi-purpose
canisters. The Committee encourages expediency in its review
and expects regular updates from the Department. Within
available funding, up to $15,000,000 is for a road-ready, dry
storage packaging pilot project using multi-purpose canisters
and existing infrastructure.
Savannah River Site.--Within funds for Risk Management
Operations, not less than $3,000,000 is for disposition of
spent fuel from the High Flux Isotope Reactor. The Committee
supports the budget request for H-Canyon operations, which
continues operations at the fiscal year 2021 level. The
Committee further supports the budget request for remediation
of the D-Area. The Committee notes that the transition to a
separate contract for the Savannah River National Laboratory
(SRNL) could impact overhead rates traditionally paid by users
of the laboratory, including Departmental programs. The
Department is directed to propose to the Committee not later
than 60 days after enactment of this Act a method or methods
for funding SRNL radiological facilities that mitigates, to the
extent practicable, the impacts to overhead rates to users of
the laboratory. The Department shall include an option for
direct funding of these facilities and include information on
the benefits to all users of such facilities and ensure that
the relevant users would pay a share proportional to their use.
Nevada.--The recommendation includes $15,000,000 for
improved real time radiography equipment to support enhanced
low-level radioactive waste verification and oversight.
Waste Isolation Pilot Plant (WIPP).--The fiscal year 2021
Act directed the Department to brief the Committee on its plan
for infrastructure improvements around WIPP. The Committee is
still awaiting this briefing, and the Department is directed to
provide the briefing not later than 15 days after enactment of
this Act.
Program Direction.--The Committee places a high priority on
workforce recruitment, mentoring, and training programs to
prepare the next generation of federal and contractor workforce
personnel. The Office of Environmental Management (EM) is
encouraged to implement such programs as necessary to ensure
the Department continues to meet the rigorous demands of its
ongoing cleanup activities.
Technology Development.--Within Technology Development and
Deployment, $5,000,000 is provided for the National Spent
Nuclear Fuel Program to address issues related to storing,
transporting, processing, and disposing of Department-owned and
managed spent nuclear fuel. Within these amounts, the
Department shall use funding to address the need for additional
assessments into material degradation that may occur as a
result of multiple decades of Environmental Management spent
nuclear fuel storage facilities, nuclear material measuring and
monitoring in the Department's storage systems, and other
activities recommended by the U.S. Nuclear Waste Technical
Review Board in its 2017 report on the Management and Disposal
of U.S. Department of Energy Spent Nuclear Fuel. The Committee
appreciates the Department's work to improve worker safety and
provides up to $6,500,000 to consider exploring options to
develop and deploy wearable robotic devices to enhance worker
safety. The recommendation provides up to $7,000,000 for
continued work on qualification, testing, and research to
advance the state-of-the-art containment ventilation systems.
Defense Uranium Enrichment Decontamination and Decommissioning
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2021................................... $- - -
Budget estimate, 2022................................. - - -
Recommended, 2022..................................... 831,340,000
Comparison:
Appropriation, 2021................................. +831,340,000
Budget estimate, 2022............................... +831,340,000
The Committee recommends $831,340,000 to fully offset the
fiscal year 2022 appropriation for the Uranium Enrichment
Decontamination and Decommissioning account.
Other Defense Activities
Appropriation, 2021................................... $920,000,000
Budget estimate, 2022................................. 1,170,000,000
Recommended, 2022..................................... 932,000,000
Comparison:
Appropriation, 2021................................. +12,000,000
Budget estimate, 2022............................... -238,000,000
The Other Defense Activities account provides funding for
the Office of Environment, Health, Safety and Security; the
Office of Independent Enterprise Assessments; the Office of
Legacy Management; Specialized Security Activities; Defense
Related Administrative Support; and the Office of Hearings and
Appeals.
The Committee again rejects the budget proposal to move the
Formerly Utilized Sites Remedial Action Program (FUSRAP) from
the U.S. Army Corps of Engineers (Corps) to the Department. The
Congress intentionally transferred FUSRAP from the Department
to the Corps in fiscal year 1998. The Department maintains
ownership of and accountability for real property interests.
The Committee remains pleased with the current cooperation
between the Department and the Corps in carrying out the FUSRAP
program and expects the Department to continue to provide its
institutional knowledge and expertise to ensure the success of
this program and to serve the nation and the affected
communities. The Committee notes its direction to the Corps to
submit its fiscal year 2023 budget request in the structure
outlined in this Act.
The Committee is pleased with the Department's progress on
establishing a memorandum of understanding with the Defense
Nuclear Facilities Safety Board that will provide a foundation
for mutual communication, transparency, and information sharing
to promote operational and interface efficiencies.
The recommendation includes $12,000,000 above the budget
request for targeted investments to defend the U.S. energy
sector against the evolving threat of cyber and other attacks
in support of the resiliency of the nation's electric grid and
energy infrastructure.
Runit Island, Marshall Islands.--The Committee has heard
concerns that the Department is not in full compliance with the
reporting requirements contained in section 2 of Public Law
112-149. The Department is directed to provide to the Committee
not later than 90 days after enactment of this Act a plan to
come into full compliance with Public Law 112-149. At a
minimum, the plan shall include: steps required to come into
compliance; technical issues associated with the effort how the
Department will ensure the reports are made available to the
public in the Marshall Islands, including translation of
reports into Marshallese and redevelopment of outdated
Department websites; and cost estimates associated with each of
these items.
The Committee notes recent advances in commercially
available technologies, including artificial intelligence,
computer vision, and sensor fusion capabilities, may make it
possible to deploy innovative technologies to detect, track and
identify threats at scale to help meet force protection and
physical security requirements. The Committee is aware that
such initiatives are underway in federal agencies such as the
Department of Defense and Customs and Border Protection. The
Department is directed to conduct a review of its security
requirements across the entire complex to assess how the use of
artificial intelligence and commercially available technologies
could improve security while reducing overall costs. The
Department shall provide to the Committee not later than 180
days after enactment of this Act a report detailing its
findings. The report shall include information on if and how
the Department is already using artificial intelligence or
commercially available technologies, include a recommendation
for a pilot project at one or more sites within the complex,
and include cost estimates and comparisons to current security
costs.
POWER MARKETING ADMINISTRATIONS
Management of the federal power marketing functions was
transferred from the Department of the Interior to the
Department of Energy in the Department of Energy Organization
Act of 1977 (Public Law 95-91). These functions include the
power marketing activities authorized under section 5 of the
Flood Control Act of 1944 and all other functions of the
Bonneville Power Administration, the Southeastern Power
Administration, the Southwestern Power Administration, and the
power marketing functions of the Bureau of Reclamation that
have been transferred to the Western Area Power Administration.
All four power marketing administrations (PMAs) give
preference in the sale of their power to publicly-owned and
cooperatively-owned utilities. Operations of the Bonneville
Power Administration are financed principally under the
authority of the Federal Columbia River Transmission System Act
(Public Law 93-454). Under this Act, the Bonneville Power
Administration is authorized to use its revenues to finance the
costs of its operations, maintenance, and capital construction
and to sell bonds to the Treasury if necessary to finance any
additional capital program requirements.
Beginning in fiscal year 2011, power revenues from the
Southeastern, Southwestern, and Western Area Power
Administrations, which were previously classified as mandatory
offsetting receipts, were reclassified as discretionary
offsetting collections to directly offset annual expenses. The
capital expenses of Southwestern and Western Area Power
Administrations are appropriated annually.
Beginning in fiscal year 2018, the Congressional Budget
Office (CBO) changed its scoring of the PMAs. The change
stemmed from information on execution of language regarding
purchase power and wheeling expenses and offsetting collections
included in this bill each year. The Committee appreciates the
PMAs' and their customers' efforts to provide additional
financial information. As in previous years, to address the
increased score in the short-term, the recommendation reduces
the maximum level for purchase power and wheeling below the
budget request.
Bonneville Power Administration Fund
The Bonneville Power Administration (BPA) is the
Department's marketing agency for electric power in the Pacific
Northwest. BPA provides electricity to a 300,000 square mile
service area in the Columbia River drainage basin and it
markets the power from federal hydropower projects in the
Northwest, as well as power from non-federal generating
facilities in the region, and exchanges and markets surplus
power with Canada and California.
Satsop Business Park, Washington.--The Committee notes the
ongoing efforts to provide increased power capacity to
underutilized infrastructure. Bonneville is encouraged to
continue to work with the local public utility district and
partners and to consider the economic development opportunities
this may support.
Operation and Maintenance, Southeastern Power Administration
Appropriation, 2021................................... $- - -
Budget estimate, 2022................................. - - -
Recommended, 2022..................................... - - -
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
The Southeastern Power Administration (SEPA) markets
hydroelectric power from 22 Corps Projects to 473 customers
across 10 states in the southeast. Southeastern does not own or
operate any transmission facilities, so it contracts to
``wheel'' its power using the existing transmission facilities
of area utilities.
Operation and Maintenance, Southwestern Power Administration
Appropriation, 2021................................... $10,400,000
Budget estimate, 2022................................. 10,400,000
Recommended, 2022..................................... 10,400,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
The Southwestern Power Administration (SWPA) markets
hydroelectric power produced at 24 Corps projects in the six-
state area of Arkansas, Kansas, Louisiana, Missouri, Oklahoma,
and Texas. SWPA operates and maintains 1,380 miles of
transmission lines, along with supporting substations and
communications sites.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
Appropriation, 2021................................... $89,372,000
Budget estimate, 2022................................. 90,772,000
Recommended, 2022..................................... 90,772,000
Comparison:
Appropriation, 2021................................. +1,400,000
Budget estimate, 2022............................... - - -
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. Western also operates and maintains a system
of transmission lines nearly 17,000 miles long. Western
provides electricity to 15 western states over a service area
of 1.3 million square miles.
Falcon and Amistad Operating and Maintenance Fund
Appropriation, 2021................................... $228,000
Budget estimate, 2022................................. 228,000
Recommended, 2022..................................... 228,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
Falcon Dam and Amistad Dam are two international water
projects located on the Rio Grande River between Texas and
Mexico. Power generated by hydroelectric facilities at these
two dams is sold to public utilities through WAPA. The Foreign
Relations Authorization Act for Fiscal Years 1994 and 1995
created the Falcon and Amistad Operating and Maintenance Fund
to defray the costs of operation, maintenance, and emergency
activities. The Fund is administered by the Western Area Power
Administration for use by the Commissioner of the U.S. Section
of the International Boundary and Water Commission.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
Appropriation, 2021................................... $404,350,000
Budget estimate, 2022................................. 463,900,000
Recommended, 2022..................................... 466,426,000
Comparison:
Appropriation, 2021................................. +62,076,000
Budget estimate, 2022............................... +2,526,000
REVENUES
Appropriation, 2021................................... -$404,350,000
Budget estimate, 2022................................. -463,900,000
Recommended, 2022..................................... -466,426,000
Comparison:
Appropriation, 2021................................. -62,076,000
Budget estimate, 2022............................... -2,526,000
The Committee recommendation for the Federal Energy
Regulatory Commission (FERC) is $466,426,000. Additional funds
are provided for FERC to initiate an Office of Public
Participation. Revenues for FERC are established at a rate
equal to the budget authority, resulting in a net appropriation
of $0.
The Committee is concerned by the review process of FERC to
rely on precedent agreements in determining whether to approve
future natural gas pipeline projects. The Committee encourages
FERC to initiate work to review its approval process to ensure
that new natural gas pipelines are adequately evaluated for
both need and impact.
The Committee directs FERC to provide to the Committee not
later than 180 days after enactment of this Act 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.
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 RESCISSIONS OF FUNDS)
The bill includes a provision that prohibits the use of
funds provided in this title to initiate requests for
proposals, other solicitations or arrangements for new programs
or activities that have not yet been approved and funded by the
Congress; requires notification or a report for certain funding
actions; prohibits funds to be used for certain multi-year
``Energy Programs'' activities without notification; prohibits
the obligation or expenditure of funds provided in this title
through a reprogramming of funds except in certain
circumstances; and permits the transfer and merger of
unexpended balances of prior appropriations with appropriation
accounts established in this bill.
The bill continues a provision that authorizes intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947.
The bill continues a provision that prohibits the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The bill continues a provision that prohibits the use of
funds provided in this title to approve critical decision-2 or
critical decision-3 for certain construction projects, unless a
separate independent cost estimate has been developed for that
critical decision.
The bill includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve (SPR).
The bill includes a provision to prohibit certain payments.
The bill includes a provision that rescinds certain funds
from prior year appropriations.
The bill includes a provision transferring certain funds.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
Appropriation, 2021................................... $180,000,000
Budget estimate, 2022................................. 235,000,000
Recommended, 2022..................................... 210,000,000
Comparison:
Appropriation, 2021................................. +30,000,000
Budget estimate, 2022............................... -25,000,000
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.
Not less than $15,000,000 is provided 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 $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 Commission is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing
regarding any activities proposed or funded relating 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, 2021................................... $31,000,000
Budget estimate, 2022................................. 31,000,000
Recommended, 2022..................................... 31,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... - - -
The Defense Nuclear Facilities Safety Board (DNFSB) was
created by the National Defense Authorization Act for fiscal
year 1989. The Board, composed of five members appointed by the
President, provides advice and recommendations to the Secretary
of Energy regarding public health and safety issues at the
Department's defense nuclear facilities. The Board is
responsible for reviewing and evaluating the content and
implementation of the standards relating to the design,
construction, operation, and decommissioning of the Department
of Energy's defense nuclear facilities.
The Committee is pleased with the Board's progress on
establishing a memorandum of understanding with the Department
that will provide a foundation for mutual communication,
transparency, and information sharing to promote operational
and interface efficiencies.
Delta Regional Authority
SALARIES AND EXPENSES
Appropriation, 2021................................... $30,000,000
Budget estimate, 2022................................. 30,100,000
Recommended, 2022..................................... 30,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... -100,000
The Delta Regional Authority (DRA) is a federal-state
partnership established by the Delta Regional Authority Act of
2000 (Public Law 106-554) that serves a 252-county/parish area
in an eight-state region near the mouth of the Mississippi
River. Led by a federal 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 DRA is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing regarding
any activities proposed or funded relating 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, 2021................................... $15,000,000
Budget estimate, 2022................................. 15,100,000
Recommended, 2022..................................... 15,000,000
Comparison:
Appropriation, 2021................................. - - -
Budget estimate, 2022............................... -100,000
The Denali Commission is a regional development agency
established by the Denali Commission Act of 1998 (Public Law
105-277) to provide critical utilities, infrastructure, health
services, and economic support throughout Alaska. To ensure
that local communities have a stake in Commission-funded
projects, local cost-share requirements for construction and
equipment have been established for both distressed and non-
distressed communities.
The Committee 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 Commission is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing
regarding any activities proposed or funded relating 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, 2021................................... $30,000,000
Budget estimate, 2022................................. 30,100,000
Recommended, 2022..................................... 32,000,000
Comparison:
Appropriation, 2021................................. +2,000,000
Budget estimate, 2022............................... +1,900,000
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 Commission is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing
regarding any activities proposed or funded relating 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, 2021................................... $1,000,000
Budget estimate, 2022................................. 2,500,000
Recommended, 2022..................................... 2,500,000
Comparison:
Appropriation, 2021................................. +1,500,000
Budget estimate, 2022............................... - - -
The Food, Conservation, and Energy Act of 2008 (Public Law
110-234) authorized the establishment of the Southeast Crescent
Regional Commission as a federal-state partnership intended to
address the economic development needs of distressed portions
of the seven state region in the southeastern United States not
already served by a regional development agency. The Committee
strongly encourages the Administration to promptly appoint a
federal co-chair for the Commission.
The Committee supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas.
Southwest Border Regional Commission
Appropriation, 2021................................... $250,000
Budget estimate, 2022................................. 2,500,000
Recommended, 2022..................................... 2,500,000
Comparison:
Appropriation, 2021................................. +2,250,000
Budget estimate, 2022............................... - - -
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, 2021................................... $830,900,000
Budget estimate, 2022................................. 873,901,000
Recommended, 2022..................................... 873,901,000
Comparison:
Appropriation, 2021................................. +43,001,000
Budget estimate, 2022............................... - - -
REVENUES
Appropriation, 2021................................... -$710,293,000
Budget estimate, 2022................................. -745,258,000
Recommended, 2022..................................... -745,258,000
Comparison:
Appropriation, 2021................................. -34,965,000
Budget estimate, 2022............................... - - -
NET APPROPRIATION
Appropriation, 2021................................... $120,607,000
Budget estimate, 2022................................. 128,643,000
Recommended, 2022..................................... 128,643,000
Comparison:
Appropriation, 2021................................. +8,036,000
Budget estimate, 2022............................... - - -
The Committee recommendation for the Nuclear Regulatory
Commission (NRC) provides the following amounts:
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Account FY 2021 enacted FY 2022 request Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety.............................. $452,849 $477,430 $477,430
Nuclear Materials and Waste Safety.................. 102,864 107,337 107,337
Decommissioning and Low-Level Waste................. 22,771 22,856 22,856
Integrated University Program....................... 16,000 0 16,000
Corporate Support................................... 271,416 266,278 266,278
-----------------------------------------------------------
Total, Program Level............................ 865,900 873,901 889,901
Savings and Carryover........................... -35,000 - - - -16,000
-----------------------------------------------------------
Total........................................... 830,900 873,901 873,901
----------------------------------------------------------------------------------------------------------------
The Commission is responsible for ensuring the safety and
security of the nation's commercial nuclear reactors and
overseeing certain nuclear materials and radioactive waste
activities. The Committee expects the Commission to hold the
nuclear industry to the highest safety standards in law and in
regulation.
Office of the Commission.--Within available funds, up to
$9,500,000 is included for salaries, travel, and other support
costs for the Office of the Commission. These salaries and
expenses shall include only salaries, benefits, and travel
costs and shall not include general and administrative and
infrastructure costs. The 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.--
Evidence shows that certain nuclear medicine 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.
Radiopharmaceutical Training and Experience.--The Committee
encourages the Commission to ensure that patient safety is at
the forefront of its examination of training and experience
requirements for the use of radiopharmaceuticals. This includes
following the recommendations of the NRC Advisory Committee on
the Medical Use of Isotopes, as well as the input of medical
and scientific professionals with radiation safety expertise,
to maintain important patient safeguards and ensure public
health and safety.
Office of Inspector General
GROSS APPROPRIATION
Appropriation, 2021................................... $13,499,000
Budget estimate, 2022................................. 13,799,000
Recommended, 2022..................................... 13,799,000
Comparison:
Appropriation, 2021................................. +300,000
Budget estimate, 2022............................... - - -
REVENUES
Appropriation, 2021................................... -$11,106,000
Budget estimate, 2022................................. -11,442,000
Recommended, 2022..................................... -11,442,000
Comparison:
Appropriation, 2021................................. -336,000
Budget estimate, 2022............................... - - -
NET APPROPRIATION
Appropriation, 2021................................... $2,393,000
Budget estimate, 2022................................. 2,357,000
Recommended, 2022..................................... 2,357,000
Comparison:
Appropriation, 2021................................. -36,000
Budget estimate, 2022............................... - - -
The Committee includes $1,146,000 within this appropriation
to provide inspector general services for the Defense Nuclear
Facilities Safety Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
Appropriation, 2021................................... $3,600,000
Budget estimate, 2022................................. 3,800,000
Recommended, 2022..................................... 3,800,000
Comparison:
Appropriation, 2021................................. +200,000
Budget estimate, 2022............................... - - -
The Nuclear Waste Technical Review Board (NWTRB) was
established by the 1987 amendments to the Nuclear Waste Policy
Act of 1982 to provide independent technical oversight of the
Department of Energy's nuclear waste disposal program. The
Committee expects the NWTRB to continue its active engagement
with the Department and the Nuclear Regulatory Commission on
issues involving nuclear waste disposal.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The bill continues a provision requiring the Nuclear
Regulatory Commission to fully comply with Congressional
requests for information.
The bill continues a provision regarding the circumstances
in which the Nuclear Regulatory Commission may reprogram funds.
TITLE V--GENERAL PROVISIONS
(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'', $71,217,000 is
available for transfer to the Upper Colorado River Basin Fund
and $5,584,000 is available for transfer to the Lower Colorado
River Basin Development Fund. Such funds as may be necessary
may be advanced to the Colorado River Dam Fund. Additionally,
$40,000,000 is available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of
Public Law 114-322, and $10,000,000 is available for transfer
into the San Gabriel Basin Restoration Fund established by
section 110 of title I 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'', $1,000,000 shall be
for transfer into the Aging Infrastructure Account established
by section 9603(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'', $92,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'' for the Advanced Test Reactor.
Under ``Defense Uranium Enrichment Decontamination and
Decommissioning'', $831,340,000 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 308, ``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 DEVELOMENT
[Community Project Funding Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Account Project Amount Requestor(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army Corps of Engineers (Civil)....... Construction............. Arizona Environmental Infrastructure, AZ $4,000,000 Stanton
Army Corps of Engineers (Civil)....... Construction............. Arizona Environmental Infrastructure 638,000 Gallego
(City of Tolleson), AZ.
Army Corps of Engineers (Civil)....... Construction............. Calumet Region, IN...................... 10,000,000 Mrvan
Army Corps of Engineers (Civil)....... Construction............. Carolina Beach and Vicinity, NC......... 11,550,000 Rouzer
Army Corps of Engineers (Civil)....... Construction............. City of Lorain Environmental 3,375,000 Kaptur
Infrastructure Sewer Project, OH.
Army Corps of Engineers (Civil)....... Construction............. Ecorse Creek, Wayne County, MI.......... 1,675,000 Dingell; Tlaib
Army Corps of Engineers (Civil)....... Construction............. Fairfax Jersey Creek, KS................ 4,000,000 Davids (KS)
Army Corps of Engineers (Civil)....... Construction............. Florida Keys Water Quality Improvement 6,000,000 Gimenez
Project, FL.
Army Corps of Engineers (Civil)....... Construction............. Fort Pierce, FL......................... 10,549,000 Mast
Army Corps of Engineers (Civil)....... Construction............. Harbor/South Bay, Los Angeles, CA....... 3,790,000 Waters
Army Corps of Engineers (Civil)....... Construction............. Indiana Harbor, Confined Disposal 18,395,000 Mrvan
Facility, IN.
Army Corps of Engineers (Civil)....... Construction............. Indiana Shoreline, IN................... 2,700,000 Mrvan
Army Corps of Engineers (Civil)....... Construction............. J Bennett Johnston Waterway, LA......... 2,250,000 Letlow
Army Corps of Engineers (Civil)....... Construction............. Lakes Marion and Moultrie, SC........... 19,785,000 Clyburn
Army Corps of Engineers (Civil)....... Construction............. Midwest City, OK........................ 5,000,000 Cole
Army Corps of Engineers (Civil)....... Construction............. New River, Imperial County, CA.......... 500,000 Vargas
Army Corps of Engineers (Civil)....... Construction............. Pinellas County, FL..................... 900,000 Crist
Army Corps of Engineers (Civil)....... Construction............. Sacramento Area Environmental 75,000 Bera
Infrastructure (City of Folsom), CA.
Army Corps of Engineers (Civil)....... Construction............. Sacramento Area Environmental 75,000 Bera
Infrastructure (Orangevale), CA.
Army Corps of Engineers (Civil)....... Construction............. San Clemente Shoreline, CA.............. 9,306,000 Levin (CA)
Army Corps of Engineers (Civil)....... Construction............. South Central Pennsylvania Environmental 3,246,000 Joyce (PA)
Improvement (Confluence Borough
Municipal Authority Water Quality
Project), PA.
Army Corps of Engineers (Civil)....... Construction............. South Florida Ecosystem Restoration 350,000,000 Mast
(SFER) Program, FL.
Army Corps of Engineers (Civil)....... Construction............. Southern and Eastern Kentucky, KY 1,500,000 Rogers (KY)
(Martin County).
Army Corps of Engineers (Civil)....... Construction............. Southwest Coastal Louisiana Hurricane 12,700,000 Higgins (LA)
Protection, LA.
Army Corps of Engineers (Civil)....... Construction............. Surfside-Sunset-Newport Beach, CA....... 15,500,000 Steel
Army Corps of Engineers (Civil)....... Construction............. Townsends Inlet to Cape May Inlet, NJ... 15,500,000 Van Drew
Army Corps of Engineers (Civil)....... Construction............. Tres Rios, AZ........................... 1,841,000 Stanton
Army Corps of Engineers (Civil)....... Construction............. Upper Mississippi River--Illnois WW 22,500,000 Bustos; Graves (MO);
System, IL, IA, MN, MO & WI. Hinson; Luetkemeyer
Army Corps of Engineers (Civil)....... Construction............. Willamette River at Willamette Falls, OR 6,200,000 Schrader
Army Corps of Engineers (Civil)....... Construction............. Wrightsville Beach, NC.................. 10,080,000 Rouzer
Army Corps of Engineers (Civil)....... Section 103.............. Reel Point Preserve, Town of Shelter 50,000 Zeldin
Island, NY.
Army Corps of Engineers (Civil)....... Section 103.............. Wading River Creek, Town of Riverhead, 50,000 Zeldin
NY.
Army Corps of Engineers (Civil)....... Section 107.............. Lake Montauk Harbor, NY................. 1,000,000 Zeldin
Army Corps of Engineers (Civil)....... Section 107.............. Lower St. Croix River, MN............... 50,000 Craig
Army Corps of Engineers (Civil)....... Section 1135............. Osage River Ecosystem Restoration, 300,000 Luetkemeyer
Tuscumbia, MO & Miller County, MO.
Army Corps of Engineers (Civil)....... Section 14............... Chickasaw Park Louisville/Jefferson Co. 100,000 Yarmuth
KY 14, KY.
Army Corps of Engineers (Civil)....... Section 205.............. McCormick Wash, Globe, AZ............... 100,000 O'Halleran
Army Corps of Engineers (Civil)....... Section 205.............. Rose and Palm Garden Washes Flood 100,000 Kirkpatrick
Control Project, AZ.
Army Corps of Engineers (Civil)....... Section 205.............. Salmon River, NY........................ 50,000 Stefanik
Army Corps of Engineers (Civil)....... Investigations........... Cano Martin Pena Ecosystem Restoration, 2,150,000 Gonzalez-Colon
PR.
Army Corps of Engineers (Civil)....... Investigations........... City of Norfolk, VA..................... 650,000 Luria
Army Corps of Engineers (Civil)....... Investigations........... Columbia River Turning Basin Navigation 200,000 Herrera Beutler
Improvements, WA & OR.
Army Corps of Engineers (Civil)....... Investigations........... Fort Pierce, St. Lucie County, FL....... 1,000,000 Mast
Army Corps of Engineers (Civil)....... Investigations........... Great Lakes Coastal Resiliency Study, 500,000 Joyce (OH); Katko
IL, IN, MI, MN, NY, OH, PA and WI.
Army Corps of Engineers (Civil)....... Investigations........... Hartford, CT & East Hartford, CT........ 200,000 Larson (CT)
Army Corps of Engineers (Civil)....... Investigations........... Honolulu Harbor Modification Feasibility 800,000 Case
Study, HI.
Army Corps of Engineers (Civil)....... Investigations........... Houma Navigation Canal, LA.............. 350,000 Graves (LA)
Army Corps of Engineers (Civil)....... Investigations........... Imperial Streams Salton Sea, CA......... 200,000 Ruiz; Vargas
Army Corps of Engineers (Civil)....... Investigations........... Kentucky River, Beatyville, KY.......... 700,000 Rogers (KY)
Army Corps of Engineers (Civil)....... Investigations........... Little Colorado River, Winslow, AZ...... 500,000 O'Halleran
Army Corps of Engineers (Civil)....... Investigations........... Los Angeles River Ecosystem Restoration, 3,693,000 Gomez
CA.
Army Corps of Engineers (Civil)....... Investigations........... Lowell Creek Flood Diversion, AK........ 3,000,000 Young
Army Corps of Engineers (Civil)....... Investigations........... Lower Cache Creek, CA................... 2,000,000 Garamendi
Army Corps of Engineers (Civil)....... Investigations........... Lower Missouri Basin--Brunswick L-246, 500,000 Graves (MO)
MO.
Army Corps of Engineers (Civil)....... Investigations........... Lower Missouri Basin--Holt County, MO, 300,000 Graves (MO)
Doniphan County, KS.
Army Corps of Engineers (Civil)....... Investigations........... Lower Missouri Basin--Jefferson City L- 300,000 Luetkemeyer
142, MO.
Army Corps of Engineers (Civil)....... Investigations........... Lower Rio Grande Valley Watershed 200,000 Vela
Assessment, TX.
Army Corps of Engineers (Civil)....... Investigations........... Lower San Joaquin (Lathrop & Manteca), 200,000 McNerney
CA.
Army Corps of Engineers (Civil)....... Investigations........... Peckman River Basin, NJ................. 500,000 Sherrill
Army Corps of Engineers (Civil)....... Investigations........... Port Fourchon Belle Pass Channel, LA.... 1,500,000 Scalise
Army Corps of Engineers (Civil)....... Investigations........... Port of Iberia, LA...................... 1,200,000 Higgins (LA)
Army Corps of Engineers (Civil)....... Investigations........... San Diego County Shoreline (Oceanside), 750,000 Levin (CA)
CA.
Army Corps of Engineers (Civil)....... Investigations........... San Francisco Waterfront Storm Damage 3,000,000 Pelosi
Reduction Study, CA.
Army Corps of Engineers (Civil)....... Investigations........... Santa Paula Creek, CA................... 900,000 Brownley
Army Corps of Engineers (Civil)....... Investigations........... South San Francisco Bay Shoreline (Santa 1,600,000 Khanna
Clara County), CA.
Army Corps of Engineers (Civil)....... Investigations........... St. Augustine Back Bay, FL.............. 200,000 Rutherford
Army Corps of Engineers (Civil)....... Investigations........... Tampa Harbor, FL (General Re-Evaluation 800,000 Castor (FL)
Report).
Army Corps of Engineers (Civil)....... Investigations........... Upper Turkey Creek Basin Design, 500,000 Davids (KS)
Merriam, KS.
Army Corps of Engineers (Civil)....... Investigations........... Willamette River Environmental Dredging, 732,000 Blumenauer
OR.
Army Corps of Engineers (Civil)....... Investigations........... Wilmington Harbor Navigation 500,000 Rouzer
Improvements, NC.
Army Corps of Engineers (Civil)....... Mississippi River and Channel Improvement, AR, IL, KY, LA, MS, 3,000,000 Cohen
Tributaries. MO & TN (Tom Lee Park).
Army Corps of Engineers (Civil)....... Mississippi River and Lower Mississippi River Comprehensive 5,000,000 Graves (LA)
Tributaries. Management Study.
Army Corps of Engineers (Civil)....... Mississippi River and Morganza to the Gulf, LA................ 19,333,000 Scalise; Graves (LA)
Tributaries.
Army Corps of Engineers (Civil)....... Operation and Maintenance Brown's Creek, NY....................... 250,000 Garbarino
Army Corps of Engineers (Civil)....... Operation and Maintenance Burns Waterway Harbor, IN............... 1,561,000 Mrvan
Army Corps of Engineers (Civil)....... Operation and Maintenance Channel Islands Harbor, CA.............. 8,000,000 Brownley
Army Corps of Engineers (Civil)....... Operation and Maintenance Conneaut Harbor, OH..................... 2,764,000 Joyce (OH)
Army Corps of Engineers (Civil)....... Operation and Maintenance Coos Bay (Major Maintenance), OR........ 32,720,000 DeFazio
Army Corps of Engineers (Civil)....... Operation and Maintenance Dauphin Island Bay, AL.................. 3,023,000 Carl
Army Corps of Engineers (Civil)....... Operation and Maintenance Fairport Harbor, OH..................... 3,880,000 Joyce (OH)
Army Corps of Engineers (Civil)....... Operation and Maintenance Houston Ship Channel (DMMP), TX......... 1,500,000 Jackson Lee
Army Corps of Engineers (Civil)....... Operation and Maintenance Indiana Harbor, IN...................... 8,196,000 Mrvan
Army Corps of Engineers (Civil)....... Operation and Maintenance Intracoastal Waterway (IWW)-- 2,500,000 Steube
Caloosahatchee River to Anclote River,
FL.
Army Corps of Engineers (Civil)....... Operation and Maintenance Intracoastal Waterway (IWW)-- 6,000,000 Mast
Jacksonville to Miami, FL.
Army Corps of Engineers (Civil)....... Operation and Maintenance Lake Providence Harbor, LA.............. 1,332,000 Letlow
Army Corps of Engineers (Civil)....... Operation and Maintenance Lake River, WA (Port of Ridgefield)..... 124,000 Herrera Beutler
Army Corps of Engineers (Civil)....... Operation and Maintenance Lockwoods Folly River, NC............... 1,050,000 Rouzer
Army Corps of Engineers (Civil)....... Operation and Maintenance Long Island Intracoastal Waterway, NY... 8,500,000 Zeldin
Army Corps of Engineers (Civil)....... Operation and Maintenance Maurice River, NJ....................... 4,010,000 Van Drew
Army Corps of Engineers (Civil)....... Operation and Maintenance Mount St. Helens Sediment Control, WA... 918,000 Herrera Beutler
Army Corps of Engineers (Civil)....... Operation and Maintenance San Joaquin River (Port of Stockton), CA 9,675,000 McNerney
Army Corps of Engineers (Civil)....... Operation and Maintenance Santa Ana River Basin, CA............... 9,072,000 Calvert
Army Corps of Engineers (Civil)....... Operation and Maintenance Shoal Harbor and Compton Creek, NJ...... 8,000,000 Pallone
Army Corps of Engineers (Civil)....... Operation and Maintenance St. Lucie Inlet (South Jetty 4,800,000 Mast
Rehabilitation), FL.
Army Corps of Engineers (Civil)....... Operation and Maintenance St. Lucie Inlet, FL..................... 5,750,000 Mast
Army Corps of Engineers (Civil)....... Operation and Maintenance St. Patrick's Creek, MD................. 2,070,000 Hoyer
Army Corps of Engineers (Civil)....... Operation and Maintenance St. Paul Small Boat Harbor, MN.......... 500,000 McCollum
Army Corps of Engineers (Civil)....... Operation and Maintenance Ventura Harbor, CA...................... 5,516,000 Brownley
Army Corps of Engineers (Civil)....... Operation and Maintenance Westport Harbor & Saugatuck River, CT... 2,810,000 Himes
Department of the Interior............ Bureau of Reclamation-- East to West Conveyance Project (SJR to 500,000 Harder (CA)
Water and Related DMC) Appraisal Study.
Resources.
Department of the Interior............ Bureau of Reclamation-- Island Main Lateral Concrete Lining 798,000 Gonzales
Water and Related Project.
Resources.
Department of the Interior............ Bureau of Reclamation-- Lake Mead/Las Vegas Wash Program........ 3,655,000 Lee (NV)
Water and Related
Resources.
Department of the Interior............ Bureau of Reclamation-- Los Banos Creek Appraisal Study......... 500,000 Costa
Water and Related
Resources.
Department of the Interior............ Bureau of Reclamation-- Navajo-Gallup Water Supply Project, NM.. 67,342,000 Leger Fernandez
Water and Related
Resources.
Department of the Interior............ Bureau of Reclamation-- Odessa Subarea.......................... 2,000,000 Newhouse; Rodgers (WA)
Water and Related
Resources.
Department of the Interior............ Bureau of Reclamation-- Sacramento River Basin Flood Plain 1,000,000 Garamendi
Water and Related Reactivation.
Resources.
Department of the Interior............ Bureau of Reclamation-- Salton Sea Research Project............. 2,546,000 Vargas
Water and Related
Resources.
Department of the Interior............ Bureau of Reclamation-- San Gabriel Basin Restoration Fund...... 10,000,000 Chu; Napolitano
Water and Related
Resources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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; allowing fund transfers to the Blackfeet Water
Settlement Implementation Fund; and, transfers may be increased
or decreased within the overall appropriation.
Language has been included under Bureau of Reclamation,
Water and Related Resources, providing for funds to be derived
from the Reclamation Fund, 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, 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
Reclamation Projects Authorization and Adjustment Act of 1992.
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 and to allow collections to be
expended for mercury storage costs.
Language has been included under Science providing for the
purchase, construction, and acquisition of plant and capital
equipment; and for the purchase of motor vehicles.
Language has been included under Title 17 Innovative
Technology Loan Guarantee Program crediting fees collected
pursuant to section 1702(h) of the Energy Policy Act of 2005 as
offsetting collections to this account and making fees
collected under section 1702(h) in excess of the appropriated
amount unavailable for expenditure until appropriated.
Language has been included under Title 17 Innovative
Technology Loan Guarantee Program prohibiting the subordination
of certain interests.
Language has been included under Departmental
Administration providing for the hire of passenger vehicles and
for official reception and representation expenses.
Language has been included under Departmental
Administration providing, notwithstanding the provisions of the
Anti-Deficiency Act, such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others, as long as such increases are offset by revenue
increases of the same or greater amounts.
Language has been included under Departmental
Administration, notwithstanding 31 U.S.C. 3302, and consistent
with the authorization in Public Law 95-238, to permit the
Department of Energy to use revenues to offset appropriations.
The appropriations language for this account reflects the total
estimated program funding to be reduced as revenues are
received.
Language has been included under Weapons Activities for the
purchase, construction, and acquisition of plant and capital
equipment; and for the purchase of not to exceed one ambulance
for replacement only.
Language has been included under Defense Nuclear
Nonproliferation for the purchase, construction, and
acquisition of plant and capital equipment.
Language has been included under Naval Reactors for the
acquisition of real property, plant, and capital equipment,
facilities, and facility expansion.
Language has been included under Naval Reactors
transferring certain funds to Nuclear Energy.
Language has been included under Federal Salaries and
Expenses providing funding for official reception and
representation expenses.
Language has been included under Defense Environmental
Cleanup for the purchase, construction, and acquisition of
plant and capital equipment, and for the purchase of not to
exceed one passenger minivan for replacement only.
Language has been included under Defense Uranium Enrichment
Decontamination and Decommissioning transferring funds to the
Uranium Enrichment Decontamination and Decommissioning Fund.
Language has been included under Other Defense Activities
for the purchase, construction, and acquisition of plant and
capital equipment.
Language has been included under Bonneville Power
Administration Fund providing funding for official reception
and representation expenses and precluding any new direct loan
obligations.
Language has been included under Southeastern Power
Administration providing funds for official reception and
representation expenses.
Language has been included under Southeastern Power
Administration providing that, notwithstanding 31 U.S.C. 3302
and 16 U.S.C. 825s, amounts collected from the sale of power
and related services shall be credited to the account as
discretionary offsetting collections and remain available until
expended for the sole purpose of funding the annual expenses of
the Southeastern Power Administration; amounts collected to
recover purchase power and wheeling expenses shall be credited
to the account as offsetting collections and remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Language has been included under Southwestern Power
Administration providing funds for official reception and
representation expenses.
Language has been included under Southwestern Power
Administration providing that, notwithstanding 31 U.S.C. 3302
and 16 U.S.C. 825s, amounts collected from the sale of power
and related services shall be credited to the account as
discretionary offsetting collections and remain available until
expended for the sole purpose of funding the annual expenses of
the Southwestern Power Administration; amounts collected to
recover purchase power and wheeling expenses shall be credited
to the account as offsetting collections and remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Language has been included under Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration, providing funds for official reception and
representation expenses.
Language has been included under Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration providing that, notwithstanding 31 U.S.C. 3302,
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the
sale of power and related services shall be credited to the
account as discretionary offsetting collections and remain
available until expended for the sole purpose of funding the
annual expenses of the Western Area Power Administration;
amounts collected to recover purchase power and wheeling
expenses shall be credited to the account as offsetting
collections and remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
Language has been included under Falcon and Amistad
Operating and Maintenance Fund providing that, notwithstanding
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the
sale of power and related services shall be credited to the
account as discretionary offsetting collections and remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of those dams
and associated Western Area Power Administration activities.
Language has been included under Falcon and Amistad
Operating and Maintenance Fund providing that the Western Area
Power Administration may accept a limited amount of
contributions from the United States power customers of the
Falcon and Amistad Dams for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for operating and maintenance of hydroelectric
facilities.
Language has been included under Federal Energy Regulatory
Commission to permit the hire of passenger motor vehicles, to
provide official reception and representation expenses, and to
permit the use of revenues collected to reduce the
appropriation as revenues are received.
Language has been included under Department of Energy,
General Provisions, section 301, prohibiting the use of funds
to prepare or initiate requests for proposals or other
solicitations or arrangements for programs that have not yet
been fully funded by the Congress; requiring notification and
reporting requirements for certain funding awards; limiting the
use of multi-year funding mechanisms; providing that none of
the funds may be available for obligation or expenditure
through a reprogramming of funds except in certain
circumstances; and providing that unexpended balances of prior
appropriations may be transferred and merged with new
appropriation accounts established in this Act.
Language has been included under Department of Energy,
General Provisions, section 302, providing that funds for
intelligence activities are deemed to be specifically
authorized for purposes of section 504 of the National Security
Act of 1947 during fiscal year 2019 until enactment of the
Intelligence Authorization Act for fiscal year 2019.
Language has been included under Department of Energy,
General Provisions, section 303, prohibiting the use of funds
for capital construction of high hazard nuclear facilities
unless certain independent oversight is conducted.
Language has been included under Department of Energy,
General Provisions, section 304, prohibiting the use of funds
to approve critical decision-2 or critical decision-3 for
certain construction projects, unless a separate independent
cost estimate has been developed for that critical decision.
Language has been included under Department of Energy,
General Provisions, section 305, authorizing the Secretary of
Energy to draw down and sell refined petroleum product from the
Strategic Petroleum Reserve under certain circumstances.
Language has been included under Department of Energy,
General Provisions, section 306, to prohibit certain payments.
Language has been included under Department of Energy,
General Provisions, section 307, rescinding certain unobligated
balances from prior year appropriations.
Language has been included under Department of Energy,
General Provisions, section 308, transferring certain funds.
TITLE IV--INDEPENDENT AGENCIES
Language has been included under Appalachian Regional
Commission, notwithstanding 40 U.S.C. 14704, 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, requiring the NRC to comply
with certain procedures when responding to Congressional
requests for information.
Language has been included under Independent Agencies,
General Provisions, section 402, providing that none of the
funds for the NRC may be available for obligation or
expenditure through a reprogramming of funds except in certain
circumstances.
TITLE V--GENERAL PROVISIONS
Language has been included under General Provisions,
section 501, prohibiting the use of funds in this Act to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Language has been included under General Provisions,
section 502, prohibiting the transfer of funds except pursuant
to a transfer made by, or transfer authority provided in this
or any other appropriations Act, or certain other authorities,
and requiring a report.
Language has been included under General Provisions,
section 503, prohibiting funds in contravention of Executive
Order No. 12898 of February 11, 1994, regarding environmental
justice.
Language has been included under General Provisions,
section 504, prohibiting funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
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 not change
is proposed is shown in roman):
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 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 $530,000,000, to
remain available until expended.
* * * * * * *
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CALFED BAY-DELTA AUTHORIZATION ACT
* * * * * * *
TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT
* * * * * * *
SEC. 103. BAY DELTA PROGRAM.
(a) In General.--
(1) Record of decision as general framework.--The
Record of Decision is approved as a general framework
for addressing the Calfed Bay-Delta Program, including
its components relating to water storage, ecosystem
restoration, water supply reliability (including new
firm yield), conveyance, water use efficiency, water
quality, water transfers, watersheds, the Environmental
Water Account, levee stability, governance, and
science.
(2) Requirements.--
(A) In general.--The Secretary and the heads
of the Federal agencies are authorized to carry
out the activities described in subsections (c)
through (f) consistent with--
(i) the Record of Decision;
(ii) the requirement that Program
activities consisting of protecting
drinking water quality, restoring
ecological health, improving water
supply reliability (including
additional storage, conveyance, and new
firm yield), and protecting Delta
levees will progress in a balanced
manner; and
(iii) this title.
(B) Multiple benefits.--In selecting
activities and projects, the Secretary and the
heads of the Federal agencies shall consider
whether the activities and projects have
multiple benefits.
(b) Authorized Activities.--The Secretary and the heads of
the Federal agencies are authorized to carry out the activities
described in subsections (c) through (f) in furtherance of the
Calfed Bay-Delta Program as set forth in the Record of
Decision, subject to the cost-share and other provisions of
this title, if the activity has been--
(1) subject to environmental review and approval, as
required under applicable Federal and State law; and
(2) approved and certified by the relevant Federal
agency, following consultation and coordination with
the Governor, to be consistent with the Record of
Decision.
(c) Authorizations for Federal Agencies Under Applicable
Law.--
(1) Secretary of the interior.--The Secretary of the
Interior is authorized to carry out the activities
described in paragraphs (1) through (10) of subsection
(d), to the extent authorized under the reclamation
laws, the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.),
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and other applicable law.
(2) Administrator of the environmental protection
agency.--The Administrator of the Environmental
Protection Agency is authorized to carry out the
activities described in paragraphs (3), (5), (6), (7),
(8), and (9) of subsection (d), to the extent
authorized under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), and other applicable law.
(3) Secretary of the army.--The Secretary of the Army
is authorized to carry out the activities described in
paragraphs (1), (2), (6), (7), (8), and (9) of
subsection (d), to the extent authorized under flood
control, water resource development, and other
applicable law.
(4) Secretary of commerce.--The Secretary of Commerce
is authorized to carry out the activities described in
paragraphs (2), (6), (7), and (9) of subsection (d), to
the extent authorized under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and other applicable law.
(5) Secretary of agriculture.--The Secretary of
Agriculture is authorized to carry out the activities
described in paragraphs (3), (5), (6), (7), (8), and
(9) of subsection (d), to the extent authorized under
title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 134)
(including amendments made by that Act), and other
applicable law.
(d) Description of Activities Under Applicable Law.--
(1) Water storage.--
(A) In general.--Activities under this
paragraph consist of--
(i) planning and feasibility studies
for projects to be pursued with
project-specific study for enlargement
of--
(I) the Shasta Dam in Shasta
County; and
(II) the Los Vaqueros
Reservoir in Contra Costa
County;
(ii) planning and feasibility studies
for the following projects requiring
further consideration--
(I) the Sites Reservoir in
Colusa County; and
(II) the Upper San Joaquin
River storage in Fresno and
Madera Counties;
(iii) developing and implementing
groundwater management and groundwater
storage projects; and
(iv) comprehensive water management
planning.
(B) Storage project authorization and
balanced calfed implementation.--
(i) In general.--If on completion of
the feasibility study for a project
described in clause (i) or (ii) of
subparagraph (A), the Secretary, in
consultation with the Governor,
determines that the project should be
constructed in whole or in part with
Federal funds, the Secretary shall
submit the feasibility study to
Congress.
(ii) Finding of imbalance.--If
Congress fails to authorize
construction of the project by the end
of the next full session following the
submission of the feasibility study,
the Secretary, in consultation with the
Governor, shall prepare a written
determination making a finding of
imbalance for the Calfed Bay-Delta
Program.
(iii) Report on rebalancing.--
(I) In general.--If the
Secretary makes a finding of
imbalance for the Program under
clause (ii), the Secretary, in
consultation with the Governor,
shall, not later than 180 days
after the end of the full
session described in clause
(ii), prepare and submit to
Congress a report on the
measures necessary to rebalance
the Program.
(II) Schedules and
alternatives.--The report shall
include preparation of revised
schedules and identification of
alternatives to rebalance the
Program, including resubmission
of the project to Congress with
or without modification,
construction of other projects,
and construction of other
projects that provide
equivalent water supply and
other benefits at equal or
lesser cost.
(C) Water supply and yield study.--
(i) In general.--The Secretary,
acting through the Bureau of
Reclamation and in coordination with
the State, shall conduct a study of
available water supplies and existing
and future needs for water--
(I) within the units of the
Central Valley Project;
(II) within the area served
by Central Valley Project
agricultural, municipal, and
industrial water service
contractors; and
(III) within the Calfed Delta
solution area.
(ii) Relationship to prior study.--In
conducting the study, the Secretary
shall incorporate and revise, as
necessary, the results of the study
required by section 3408(j) of the
Central Valley Project Improvement Act
of 1992 (Public Law 102-575; 106 Stat.
4730).
(iii) Report.--Not later than 1 year
after the date of enactment of this
Act, the Secretary shall submit to the
appropriate authorizing and
appropriating committees of the Senate
and the House of Representatives a
report describing the results of the
study, including--
(I) new firm yield and water
supply improvements, if any,
for Central Valley Project
agricultural water service
contractors and municipal and
industrial water service
contractors, including those
identified in Bulletin 160;
(II) all water management
actions or projects, including
those identified in Bulletin
160, that would--
(aa) improve firm
yield or water supply;
and
(bb) if taken or
constructed, balance
available water
supplies and existing
demand with due
recognition of water
right priorities and
environmental needs;
(III) the financial costs of
the actions and projects
described under subclause (II);
and
(IV) the beneficiaries of
those actions and projects and
an assessment of the
willingness of the
beneficiaries to pay the
capital costs and operation and
maintenance costs of the
actions and projects.
(D) Management.--The Secretary shall conduct
activities related to developing groundwater
storage projects to the extent authorized under
law.
(E) Comprehensive water planning.--The
Secretary shall conduct activities related to
comprehensive water management planning to the
extent authorized under law.
(2) Conveyance.--
(A) South delta actions.--
(i) In general.--In the case of the
South Delta, activities under this
subparagraph consist of--
(I) the South Delta
Improvements Program through
actions to--
(aa) increase the
State Water Project
export limit to 8,500
cfs;
(bb) install
permanent, operable
barriers in the South
Delta, under which
Federal agencies shall
cooperate with the
State to accelerate
installation of the
permanent, operable
barriers in the South
Delta, with an intent
to complete that
installation not later
than September 30,
2007;
(cc) evaluate,
consistent with the
Record of Decision,
fish screens and intake
facilities at the Tracy
Pumping Plant
facilities; and
(dd) increase the
State Water Project
export to the maximum
capability of 10,300
cfs;
(II) reduction of
agricultural drainage in South
Delta channels, and other
actions necessary to minimize
the impact of drainage on
drinking water quality;
(III) evaluation of lower San
Joaquin River floodway
improvements;
(IV) installation and
operation of temporary barriers
in the South Delta until fully
operable barriers are
constructed; and
(V) actions to protect
navigation and local diversions
not adequately protected by
temporary barriers.
(ii) Actions to increase pumping.--
Actions to increase pumping shall be
accomplished in a manner consistent
with the Record of Decision requirement
to avoid redirected impacts and adverse
impacts to fishery protection and with
any applicable Federal or State law
that protects--
(I) water diversions and use
(including avoidance of
increased costs of diversion)
by in-Delta water users
(including in-Delta
agricultural users that have
historically relied on water
diverted for use in the Delta);
(II) water quality for
municipal, industrial,
agricultural, and other uses;
and
(III) water supplies for
areas of origin.
(B) North delta actions.--In the case of the
North Delta, activities under this subparagraph
consist of--
(i) evaluation and implementation of
improved operational procedures for the
Delta Cross Channel to address fishery
and water quality concerns;
(ii) evaluation of a screened
through-Delta facility on the
Sacramento River; and
(iii) evaluation of lower Mokelumne
River floodway improvements.
(C) Interties.--Activities under this
subparagraph consist of--
(i) evaluation and construction of an
intertie between the State Water
Project California Aqueduct and the
Central Valley Project Delta Mendota
Canal, near the City of Tracy, as an
operation and maintenance activity,
except that the Secretary shall design
and construct the intertie in a manner
consistent with a possible future
expansion of the intertie capacity (as
described in subsection (f)(1)(B)); and
(ii) assessment of a connection of
the Central Valley Project to the
Clifton Court Forebay of the State
Water Project, with a corresponding
increase in the screened intake of the
Forebay.
(D) Program to meet standards.--
(i) In general.--Prior to increasing
export limits from the Delta for the
purposes of conveying water to south-
of-Delta Central Valley Project
contractors or increasing deliveries
through an intertie, the Secretary
shall, not later than 1 year after the
date of enactment of this Act, in
consultation with the Governor, develop
and initiate implementation of a
program to meet all existing water
quality standards and objectives for
which the Central Valley Project has
responsibility.
(ii) Measures.--In developing and
implementing the program, the Secretary
shall include, to the maximum extent
feasible, the measures described in
clauses (iii) through (vii).
(iii) Recirculation program.--The
Secretary shall incorporate into the
program a recirculation program to
provide flow, reduce salinity
concentrations in the San Joaquin
River, and reduce the reliance on the
New Melones Reservoir for meeting water
quality and fishery flow objectives
through the use of excess capacity in
export pumping and conveyance
facilities.
(iv) Best management practices
plan.--
(I) In general.--The
Secretary shall develop and
implement, in coordination with
the State's programs to improve
water quality in the San
Joaquin River, a best
management practices plan to
reduce the water quality
impacts of the discharges from
wildlife refuges that receive
water from the Federal
Government and discharge salt
or other constituents into the
San Joaquin River.
(II) Coordination with
interested parties.--The plan
shall be developed in
coordination with interested
parties in the San Joaquin
Valley and the Delta.
(III) Coordination with
entities that discharge
water.--The Secretary shall
also coordinate activities
under this clause with other
entities that discharge water
into the San Joaquin River to
reduce salinity concentrations
discharged into the River,
including the timing of
discharges to optimize their
assimilation.
(v) Acquisition of water.--The
Secretary shall incorporate into the
program the acquisition from willing
sellers of water from streams tributary
to the San Joaquin River or other
sources to provide flow, dilute
discharges of salt or other
constituents, and to improve water
quality in the San Joaquin River below
the confluence of the Merced and San
Joaquin Rivers, and to reduce the
reliance on New Melones Reservoir for
meeting water quality and fishery flow
objectives.
(vi) Purpose.--The purpose of the
authority and direction provided to the
Secretary under this subparagraph is to
provide greater flexibility in meeting
the existing water quality standards
and objectives for which the Central
Valley Project has responsibility so as
to reduce the demand on water from New
Melones Reservoir used for that purpose
and to assist the Secretary in meeting
any obligations to Central Valley
Project contractors from the New
Melones Project.
(vii) Updating of new melones
operating plan.--The Secretary shall
update the New Melones operating plan
to take into account, among other
things, the actions described in this
title that are designed to reduce the
reliance on New Melones Reservoir for
meeting water quality and fishery flow
objectives, and to ensure that actions
to enhance fisheries in the Stanislaus
River are based on the best available
science.
(3) Water use efficiency.--
(A) Water conservation projects.--Activities
under this paragraph include water conservation
projects that provide water supply reliability,
water quality, and ecosystem benefits to the
California Bay-Delta system.
(B) Technical assistance.--Activities under
this paragraph include technical assistance for
urban and agricultural water conservation
projects.
(C) Water recycling and desalination
projects.--Activities under this paragraph
include water recycling and desalination
projects, including groundwater remediation
projects and projects identified in the Bay
Area Water Plan and the Southern California
Comprehensive Water Reclamation and Reuse Study
and other projects, giving priority to projects
that include regional solutions to benefit
regional water supply and reliability needs.
(D) Water measurement and transfer actions.--
Activities under this paragraph include water
measurement and transfer actions.
(E) Urban water conservation.--Activities
under this paragraph include implementation of
best management practices for urban water
conservation.
(F) Reclamation and recycling projects.--
(i) Projects.--This subparagraph
applies to--
(I) projects identified in
the Southern California
Comprehensive Water Reclamation
and Reuse Study, dated April
2001 and authorized by section
1606 of the Reclamation
Wastewater and Groundwater
Study and Facilities Act (43
U.S.C. 390h-4); and
(II) projects identified in
the San Francisco Bay Area
Regional Water Recycling
Program described in the San
Francisco Bay Area Regional
Water Recycling Program
Recycled Water Master Plan,
dated December 1999 and
authorized by section 1611 of
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h-
9).
(ii) Deadline.--Not later than 180
days after the date of enactment of
this Act, the Secretary shall--
(I) complete the review of
the existing studies of the
projects described in clause
(i); and
(II) make the feasibility
determinations described in
clause (iii).
(iii) Feasibility determinations.--A
project described in clause (i) is
presumed to be feasible if the
Secretary determines for the project--
(I) in consultation with the
affected local sponsoring
agency and the State, that the
existing planning and
environmental studies for the
project (together with
supporting materials and
documentation) have been
prepared consistent with Bureau
of Reclamation procedures for
projects under consideration
for financial assistance under
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h
et seq.); and
(II) that the planning and
environmental studies for the
project (together with
supporting materials and
documentation) demonstrate that
the project will contribute to
the goals of improving water
supply reliability in the
Calfed solution area or the
Colorado River Basin within the
State and otherwise meets the
requirements of section 1604 of
the Reclamation Wastewater and
Groundwater Study and
Facilities Act (43 U.S.C. 390h-
2).
(iv) Report.--Not later than 90 days
after the date of completion of a
feasibility study or the review of a
feasibility study under this
subparagraph, the Secretary shall
submit to the appropriate authorizing
and appropriating committees of the
Senate and the House of Representatives
a report describing the results of the
study or review.
(4) Water transfers.--Activities under this paragraph
consist of--
(A) increasing the availability of existing
facilities for water transfers;
(B) lowering transaction costs through permit
streamlining; and
(C) maintaining a water transfer information
clearinghouse.
(5) Integrated regional water management plans.--
Activities under this paragraph consist of assisting
local and regional communities in the State in
developing and implementing integrated regional water
management plans to carry out projects and programs
that improve water supply reliability, water quality,
ecosystem restoration, and flood protection, or meet
other local and regional needs, in a manner that is
consistent with, and makes a significant contribution
to, the Calfed Bay-Delta Program.
(6) Ecosystem restoration.--
(A) In general.--Activities under this
paragraph consist of--
(i) implementation of large-scale
restoration projects in San Francisco
Bay and the Delta and its tributaries;
(ii) restoration of habitat in the
Delta, San Pablo Bay, and Suisun Bay
and Marsh, including tidal wetland and
riparian habitat;
(iii) fish screen and fish passage
improvement projects, including the
Sacramento River Small Diversion Fish
Screen Program;
(iv) implementation of an invasive
species program, including prevention,
control, and eradication;
(v) development and integration of
Federal and State agricultural programs
that benefit wildlife into the
Ecosystem Restoration Program;
(vi) financial and technical support
for locally-based collaborative
programs to restore habitat while
addressing the concerns of local
communities;
(vii) water quality improvement
projects to manage or reduce
concentrations of salinity, selenium,
mercury, pesticides, trace metals,
dissolved oxygen, turbidity, sediment,
and other pollutants;
(viii) land and water acquisitions to
improve habitat and fish spawning and
survival in the Delta and its
tributaries;
(ix) integrated flood management,
ecosystem restoration, and levee
protection projects;
(x) scientific evaluations and
targeted research on Program
activities; and
(xi) strategic planning and tracking
of Program performance.
(B) Reporting requirements.--The Secretary or
the head of the relevant Federal agency (as
appropriate under clause (ii)) shall provide to
the appropriate authorizing committees of the
Senate and the House of Representatives and
other appropriate parties in accordance with
this subparagraph--
(i) an annual ecosystem program plan
report in accordance with subparagraph
(C); and
(ii) detailed project reports in
accordance with subparagraph (D).
(C) Annual ecosystem program plan.--
(i) In general.--Not later than
October 1 of each year, with respect to
each ecosystem restoration action
carried out using Federal funds under
this title, the Secretary, in
consultation with the Governor, shall
submit to the appropriate authorizing
committees of the Senate and the House
of Representatives an annual ecosystem
program plan report.
(ii) Purposes.--The purposes of the
report are--
(I) to describe the projects
and programs to implement this
subsection in the following
fiscal year; and
(II) to establish priorities
for funding the projects and
programs for subsequent fiscal
years.
(iii) Contents.--The report shall
describe--
(I) the goals and objectives
of the programs and projects;
(II) program accomplishments;
(III) major activities of the
programs;
(IV) the Federal agencies
involved in each project or
program identified in the plan
and the cost-share arrangements
with cooperating agencies;
(V) the resource data and
ecological monitoring data to
be collected for the
restoration projects and how
the data are to be integrated,
streamlined, and designed to
measure the effectiveness and
overall trend of ecosystem
health in the Bay-Delta
watershed;
(VI) implementation schedules
and budgets;
(VII) existing monitoring
programs and performance
measures;
(VIII) the status and
effectiveness of measures to
minimize the impacts of the
program on agricultural land;
and
(IX) a description of
expected benefits of the
restoration program relative to
the cost.
(iv) Special rule for land
acquisition using federal funds.--For
each ecosystem restoration project
involving land acquisition using
Federal funds under this title, the
Secretary shall--
(I) identify the specific
parcels to be acquired in the
annual ecosystem program plan
report under this subparagraph;
or
(II) not later than 150 days
before the project is approved,
provide to the appropriate
authorizing committees of the
Senate and the House of
Representatives, the United
States Senators from the State,
and the United States
Representative whose district
would be affected, notice of
any such proposed land
acquisition using Federal funds
under this title submitted to
the Federal or State agency.
(D) Detailed project reports.--
(i) In general.--In the case of each
ecosystem restoration program or
project funded under this title that is
not specifically identified in an
annual ecosystem program plan under
subparagraph (C), not later than 45
days prior to approval, the Secretary,
in coordination with the State, shall
submit to the appropriate authorizing
committees of the Senate and the House
of Representatives recommendations on
the proposed program or project.
(ii) Contents.--The recommendations
shall--
(I) describe the selection of
the program or project,
including the level of public
involvement and independent
science review;
(II) describe the goals,
objectives, and implementation
schedule of the program or
project, and the extent to
which the program or project
addresses regional and
programmatic goals and
priorities;
(III) describe the monitoring
plans and performance measures
that will be used for
evaluating the performance of
the proposed program or
project;
(IV) identify any cost-
sharing arrangements with
cooperating entities;
(V) identify how the proposed
program or project will comply
with all applicable Federal and
State laws, including the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.); and
(VI) in the case of any
program or project involving
the acquisition of private land
using Federal funds under this
title--
(aa) describe the
process and timing of
notification of
interested members of
the public and local
governments;
(bb) describe the
measures taken to
minimize impacts on
agricultural land
pursuant to the Record
of Decision; and
(cc) include
preliminary management
plans for all
properties to be
acquired with Federal
funds, including an
overview of existing
conditions (including
habitat types in the
affected project area),
the expected ecological
benefits, preliminary
cost estimates, and
implementation
schedules.
(7) Watersheds.--Activities under this paragraph
consist of--
(A) building local capacity to assess and
manage watersheds affecting the Delta system;
(B) technical assistance for watershed
assessments and management plans; and
(C) developing and implementing locally-based
watershed conservation, maintenance, and
restoration actions.
(8) Water quality.--Activities under this paragraph
consist of--
(A) addressing drainage problems in the San
Joaquin Valley to improve downstream water
quality (including habitat restoration projects
that improve water quality) if--
(i) a plan is in place for monitoring
downstream water quality improvements;
and
(ii) State and local agencies are
consulted on the activities to be
funded;
except that no right, benefit, or privilege is
created as a result of this subparagraph;
(B) implementation of source control programs
in the Delta and its tributaries;
(C) developing recommendations through
scientific panels and advisory council
processes to meet the Calfed Bay-Delta Program
goal of continuous improvement in Delta water
quality for all uses;
(D) investing in treatment technology
demonstration projects;
(E) controlling runoff into the California
aqueduct, the Delta-Mendota Canal, and other
similar conveyances;
(F) addressing water quality problems at the
North Bay Aqueduct;
(G) supporting and participating in the
development of projects to enable San Francisco
Bay Area water districts, and water entities in
San Joaquin and Sacramento Counties, to work
cooperatively to address their water quality
and supply reliability issues, including--
(i) connections between aqueducts,
water transfers, water conservation
measures, institutional arrangements,
and infrastructure improvements that
encourage regional approaches; and
(ii) investigations and studies of
available capacity in a project to
deliver water to the East Bay Municipal
Utility District under its contract
with the Bureau of Reclamation, dated
July 20, 2001, in order to determine if
such capacity can be utilized to meet
the objectives of this subparagraph;
(H) development of water quality exchanges
and other programs to make high quality water
available for urban and other users;
(I) development and implementation of a plan
to meet all Delta water quality standards for
which the Federal and State water projects have
responsibility;
(J) development of recommendations through
science panels and advisory council processes
to meet the Calfed Bay-Delta Program goal of
continuous improvement in water quality for all
uses; and
(K) projects that are consistent with the
framework of the water quality component of the
Calfed Bay-Delta Program.
(9) Science.--Activities under this paragraph consist
of--
(A) supporting establishment and maintenance
of an independent science board, technical
panels, and standing boards to provide
oversight and peer review of the Program;
(B) conducting expert evaluations and
scientific assessments of all Program elements;
(C) coordinating existing monitoring and
scientific research programs;
(D) developing and implementing adaptive
management experiments to test, refine, and
improve scientific understandings;
(E) establishing performance measures, and
monitoring and evaluating the performance of
all Program elements; and
(F) preparing an annual science report.
(10) Diversification of water supplies.--Activities
under this paragraph consist of actions to diversify
sources of level 2 refuge supplies and modes of
delivery to refuges while maintaining the diversity of
level 4 supplies pursuant to section 3406(d)(2) of the
Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4723).
(e) New and Expanded Authorizations for Federal Agencies.--
(1) In general.--The heads of the Federal agencies
described in this subsection are authorized to carry
out the activities described in subsection (f) during
each of fiscal years 2005 through [2021] 2022, 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
[2021] 2022.
(C) Justification.--
(i) In general.--Notwithstanding
section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962-2), in carrying
out levee stability programs and
projects pursuant to this paragraph,
the Secretary of the Army may determine
that the programs and projects are
justified by the benefits of the
project purposes described in
subparagraph (A), and the programs and
projects shall require no additional
economic justification if the Secretary
of the Army further determines that the
programs and projects are cost
effective.
(ii) Applicability.--Clause (i) shall
not apply to any separable element
intended to produce benefits that are
predominantly unrelated to the project
purposes described in subparagraph (A).
(D) Projects.--Of the amounts authorized to
be appropriated under section 109, not more
than $90,000,000 may be expended to--
(i) reconstruct Delta levees to a
base level of protection (also known as
the ``Public Law 84-99 standard'') as
described in the Record of Decision;
(ii) enhance the stability of levees
that have particular importance in the
system through the Delta Levee Special
Improvement Projects Program;
(iii) develop best management
practices to control and reverse land
subsidence on Delta islands;
(iv) develop a Delta Levee Emergency
Management and Response Plan that will
enhance the ability of Federal, State,
and local agencies to rapidly respond
to levee emergencies;
(v) develop a Delta Risk Management
Strategy after assessing the
consequences of Delta levee failure
from floods, seepage, subsidence, and
earthquakes;
(vi) reconstruct Delta levees using,
to the maximum extent practicable,
dredged materials from the Sacramento
River, the San Joaquin River, and the
San Francisco Bay in reconstructing
Delta levees;
(vii) coordinate Delta levee projects
with flood management, ecosystem
restoration, and levee protection
projects of the lower San Joaquin River
and lower Mokelumne River floodway
improvements and other projects under
the Sacramento-San Joaquin
Comprehensive Study; and
(viii) evaluate and, if appropriate,
rehabilitate the Suisun Marsh levees.
(4) Program management, oversight, and
coordination.--
(A) In general.--Of the amounts authorized to
be appropriated under section 109, not more
than $25,000,000 may be expended by the
Secretary or the other heads of Federal
agencies, either directly or through grants,
contracts, or cooperative agreements with
agencies of the State, for--
(i) Program support;
(ii) Program-wide tracking of
schedules, finances, and performance;
(iii) multiagency oversight and
coordination of Program activities to
ensure Program balance and integration;
(iv) development of interagency
cross-cut budgets and a comprehensive
finance plan to allocate costs in
accordance with the beneficiary pays
provisions of the Record of Decision;
(v) coordination of public outreach
and involvement, including tribal,
environmental justice, and public
advisory activities in accordance with
the Federal Advisory Committee Act (5
U.S.C. App.); and
(vi) development of Annual Reports.
(B) Program-wide activities.--Of the amount
referred to in subparagraph (A), not less than
50 percent of the appropriated amount shall be
provided to the California Bay-Delta Authority
to carry out Program-wide management,
oversight, and coordination activities.
* * * * * * *
SEC. 107. FEDERAL SHARE OF COSTS.
(a) In General.--The Federal share of the cost of
implementing the Calfed Bay-Delta Program for fiscal years 2005
through [2021] 2022 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 [2021]
2022, to remain available until expended.
* * * * * * *
----------
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
(PUBLIC LAW 111-11)
* * * * * * *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
* * * * * * *
Subtitle B--Project Authorizations
* * * * * * *
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--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 [2021] 2022.
* * * * * * *
----------
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, [2021]
2022.
* * * * * * *
TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in section 303 of this Act
(relating to temperature control devices at Shasta Dam,
California), there is authorized to be appropriated not more
than $120,000,000 in total for the period of fiscal years 2006
through [2021] 2022.
* * * * * * *
----------
SECTION 1101 OF THE RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT
ACT OF 1992
SEC. 1101. RESEARCH PROJECT.
(a) Research Project.--The Secretary of the Interior, acting
through the Bureau of Reclamation, shall conduct a research
project for the development of a method or combination of
methods to reduce and control salinity, provide endangered
species habitat, enhance fisheries, and protect human
recreational values in inland water bodies. Such research shall
include testing an enhanced evaporation system for treatment of
saline waters, and studies regarding in-water segregation of
saline waters and of dilution from other sources. The project
shall be located in the area of the Salton Sea of Southern
California.
(b) Cost Share.--The non-Federal share of the cost of the
project referred to in subsection (a) shall be 50 percent of
the cost of the project.
(c) Report.--Not later than September 30, 1996, the Secretary
shall submit a report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Interior and
Insular Affairs and the Committee on Merchant Marine and
Fisheries of the House of Representatives regarding the results
of the project referred to in subsection (a).
(d) Authorization of Appropriations.--There is authorized to
be appropriated [$10,000,000] $13,000,000 to carry out the
purposes of this title.
* * * * * * *
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: Defense Nuclear $330,000,000
Nonproliferation....................................
Department of Energy: Naval Reactors................. 6,000,000
------------------------------------------------------------------------
BUDGETARY IMPACT OF THE FY 2022 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............................... 53,226 52,000 53,226\1\ 51,255
Mandatory................................... 0 0 0\1\ 0
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE.--The amounts in this report do not include $2,099 million in discretionary budget authority and $2,084
million in associated outlays in amounts approprited to the Army Corps of Engineers that are either derived
from the Harbor Maintenance Trust Fund or provided to carry out section 2106(c) 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 associated with the recommendation:
2022.................................................... ........... ........... \1\ 26,210
2023.................................................... ........... ........... ........... 17,098
2024.................................................... ........... ........... ........... 6,345
2025.................................................... ........... ........... ........... 1,765
2026 and future years................................... ........... ........... ........... 1,441
----------------------------------------------------------------------------------------------------------------
\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 234\1\ 0
local governments for 2022.......
------------------------------------------------------------------------
\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, 2022:
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on February
25, 2021, entitled ``Strategies for Energy and Climate
Innovation.''
The Subcommittee received testimony from:
Ms. Robin Millican, Director, Breakthrough Energy
Dr. Colin Cunliff, Senior Policy Analyst, Information
Technology and Innovation Foundation
Dr. Shobita Parthasarathy, Professor of Public Policy
and Director, Science, Technology, and Public Policy
Program, University of Michigan
Mr. Rich Powell, Executive Director, ClearPath
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on March 10, 2021,
entitled ``Innovation and Investment in Water Resources
Infrastructure.'' The Subcommittee received testimony from:
Mr. Kevin DeGood, Director of Infrastructure Policy,
Center for American Progress
Mr. Thomas J. Winston, President and CEO, Toledo-
Lucas County Port Authority
Ms. Bidtah Becker, Associate Attorney, Navajo Tribal
Utility Authority
Mr. Jason Uhley, General Manager--Chief Engineer,
Riverside County Flood Control and Water Conservation
District
The Subcommittee on Energy and Water Development and
Related Agencies held an oversight hearing on March 17, 2021,
entitled ``Domestic Manufacturing for a Clean Energy Future.''
The Subcommittee received testimony from:
Dr. Pat Choate, Director, Manufacturing Policy
Project
Ms. Roxanne Brown, International Vice President at
Large, United Steelworkers
Mr. Tim Cortes, Chief Technology Officer, Plug Power
Dr. Thomas R. Kurfess, Chief Manufacturing Officer,
Interim Director--Manufacturing Science Division, Oak
Ridge National Laboratory
The Subcommittee on Energy and Water Development and
Related Agencies held a Member Day Hearing on May 3, 2021. The
Subcommittee received testimony from:
The Honorable Bill Foster, Member of Congress
The Honorable Jenniffer Gonzalez-Colon, Member of
Congress
The Honorable H. Morgan Griffith, Member of Congress
The Honorable Sheila Jackson Lee, Member of Congress
The Honorable John Moolenaar, Member of Congress
The Honorable Frank Mrvan, Member of Congress
The Honorable Kim Schrier, Member of Congress
The Honorable Greg Stanton, Member of Congress
The Honorable Jefferson Van Drew, Member of Congress
The Honorable Joe Wilson, Member of Congress
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on May 6, 2021, entitled
``FY 2022 Budget Request for the Department of Energy.'' The
Subcommittee received testimony from:
The Honorable Jennifer M. Granholm, Secretary,
Department of Energy
The Subcommittee on Energy and Water Development and
Related Agencies received written testimony from public
witnesses. The Subcommittee received testimony from:
Alexander Ratner, Federal Policy Manager, American
Council for an Energy-Efficient Economy
Allen Segal, Director of Public Policy and Advocacy,
American Society for Microbiology
Anne Gelb, Professor, Society for Industrial and
Applied Mathematics
April Snell, Executive Director, Oregon Water
Resources Congress
Brian Pallasch, President and CEO, International
Institute of Building Enclosure Consultants
Brittany Webster, Program Manager, American
Geophysical Union
Carrie L. Billy, President and CEO, American Indian
Higher Education Consortium
Chad Berginnis, Executive Director, Association of
State Floodplain Managers
Christopher Guttman-McCabe, Chief Regulatory and
Communications Officer, Anterix
Christopher S. Harris, Executive Director, Colorado
River Board of California
Corinna Turbes, Policy Director, The Data Foundation
Craig Piercy, Executive Director and CEO, American
Nuclear Society
Crispin Taylor, PhD, CEO, American Society of Plant
Biologists
Daniel E. Fass, M.D., CEO, Princeton Healthcare
Alliance
David Bradley, CEO, National Community Action
Foundation
David Terry, Executive Director, National Association
of State Energy Officials
Don A. Barnett, Executive Director, Colorado River
Basin Salinity Control Forum
Ellen Kuo, Associate Director, Legislative Affairs,
Federation of American Societies for Experimental
Biology
Eric Eikenberg, CEO, The Everglades Foundation
Fawn Sharp, President, National Congress of American
Indians
Genevieve Cullen, President, Electric Drive
Transportation Association
Greg Fogel, Policy Director, WateReuse Association
James D. Ogsbury, Executive Director, Western
Governors' Association
Jared Mott, Conservation Director, Izaak Walton
League of America
Jason Reott, Policy Manager, Alliance to Save Energy
Jeffrey Kightlinger, General Manager, The
Metropolitan Water District of Southern California
Jennifer Schafer, Executive Director, Federal
Performance Contracting Coalition
Jeremy Takala, Chairman, Columbia River Inter-Tribal
Fish Commission
Jim B. Horan, Executive Director, Mid-West Electric
Consumers Association
Jimmy Hague, Senior Water Policy Advisor, The Nature
Conservancy
Joseph Britton, Executive Director, Zero Emission
Transportation Association
Julie Hill-Gabriel, Vice President, Water
Conservation, National Audubon Society
Karle E. Anderson, Director of Government Relations,
American Society of Agronomy, Crop Science Society of
America, Soil Science Society of America
Katrina McMurrian, Executive Director, Nuclear Waste
Strategy Coalition
Kumi Premathilake, Senior Vice President, Division
Vice President, Advanced Metering Infrastructure,
Services, Aclara Technologies LLC
Larry Zarker, CEO, Building Performance Institute,
Inc.
Maria Korsnick, President and CEO, Nuclear Energy
Institute
Marisa Carrozzo, Co-Chair, Everglades Coalition
Mark Perry, Co-Chair, Everglades Coalition
Melissa Samet, Senior Water Resources Counsel,
National Wildlife Federation
Michael Bindner, Principal Consultant, The Center for
Fiscal Equity
Morry B. Markowitz, President, Fuel Cell and Hydrogen
Energy Association
Patrick Valente, Executive Director, The Ohio Fuel
Cell Coalition
Paula Szkody, President, American Astronomical
Society
Robert Johnson, Senior Vice President, Hannon
Armstrong
Robin LeBaron, Co-Founder, President and COO, Pearl
Certification
Rolf Schmidt-Petersen, Director, New Mexico
Interstate Stream Commission
Ron Blacksmith, Core System Manager, The Oglala Sioux
Rural Water Supply System, Oglala Sioux Tribe
Shannon Angielski, Executive Director, Carbon
Utilization Research Council, and President, Clean
Hydrogen Future Coalition
Stephen Cowell, President, E4TheFuture
Steve Skodak, CEO, Building Performance Association
Susanne C. Brenner, Professor, Society for Industrial
and Applied Mathematics
Suzanne L. Weekes, Executive Director, Society for
Industrial and Applied Mathematics
Theodore C. Cooke, General Manager, Central Arizona
Water Conservation District
Thomas R. Kuhn, President, Edison Electric Institute
Tony Stamas, President and CEO, Midland Business
Alliance
Trent Tuthill, Friends of the Trinity River
Zolaikha Strong, Vice President of Government
Affairs, National Hydropower Association
The Subcommittee on Energy and Water Development and
Related Agencies held a budget hearing on May 24, 2021,
entitled ``FY 2022 Budget Request for the U.S. Army Corps of
Engineers and Bureau of Reclamation.'' The Subcommittee
received testimony from:
Mr. Jaime Pinkham, Acting Assistant Secretary of the
Army for Civil Works, Army Corps of Engineers
Lieutenant General Scott A. Spellmon, Chief of
Engineers and Commanding General, Army Corps of
Engineers
Mr. David Palumbo, Deputy Commissioner of Operations,
Bureau of Reclamation
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate the collegial manner the Majority worked to
address issues of importance to Members of both sides of the
aisle in the Energy and Water Development and Related Agencies
Appropriations Bill, 2022, and accompanying report.
Unfortunately, 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 at this time.
The bill continues significant funding for our nation's
water resources infrastructure. Almost every congressional
district across the country benefits in some way from the
important work of the Corps of Engineers and the Bureau of
Reclamation. These agencies are responsible for projects that
protect the public and property from floods and hurricanes,
generate and sustain millions of jobs related to ports and
waterways, and provide significant sources of drinking water
and irrigation water for our communities, farmers, and
ranchers.
Republican Members of the Committee supported efforts to
improve the way the bill addresses water supply reliability,
the need for which is highlighted by the serious drought
conditions currently facing much of the West. Unfortunately,
the Majority rejected five separate opportunities to address
these needs.
The Majority's objections to two amendments related to the
WIIN Act were particularly puzzling. First, Congressman Ken
Calvert offered an amendment to restore funding close to
enacted levels for WIIN Act water storage, desalination, and
water recycling and reuse programs. As an offset, the amendment
made use of previously appropriated dollars for which the
Bureau of Reclamation had received no applications. The
Majority objected to this offset even though the underlying
bill funds this program in excess of all applications received
in the past three years combined. Second, Congressman David
Valadao offered an amendment to extend by one year certain
authorities included in the WIIN Act. Without this extension,
for example, only projects under construction by December 2021
will be eligible to compete for fiscal year 2022 funding under
the water storage, desalination, and water recycling and reuse
programs.
Exemplifying our concern about the lack of a bipartisan
funding framework, the bill does not appropriately allocate
funding for the Department of Energy's national security
programs. The increase for the nuclear weapons program is less
than one percent above last year's enacted level, which does
not even keep up with inflation, and several hundred million
dollars below the amount last year's budget request projected
would be needed this year. After years of disinvestment
following the end of the Cold War, our nuclear weapons
infrastructure is in serious need of repair. We must provide
the funding necessary to ensure our ability to deter a nuclear
attack remains reliable and effective.
With respect to non-defense energy programs, the Majority
and the Biden Administration claim to be focused on addressing
climate change. The bill on balance, however, embraces the
policy priorities that focus on reducing U.S. emissions in a
way that almost certainly would result in an increase in global
emissions, thereby not reducing the impact of climate change.
This approach also risks making the U.S. more dependent on
China for critical minerals, reversing the gains in energy
independence made over the past decade.
Despite our disagreements over the issues discussed above,
we appreciate the Majority's willingness to address Member
priorities in the bill and report. The Subcommittee has a
longstanding tradition of bipartisanship, and we will continue
to work in good faith with our colleagues as we proceed through
the appropriations process. By working together, we can best
address the needs of the Nation.
Kay Granger.
Michael K. Simpson.
[all]