[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.

           *       *       *       *       *       *       *

                              ----------                              


                   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]